20180466 Ver 2_Signed Dixon MBI_20190307

AGREEMENT TO ESTABLISH THE DIXON ROAD MITIGATION BANKING
INSTRUMENT IN THE TAR-PAMLICO RIVER BASIN FOR RIPARIAN BUFFER
AND NUTRIENT OFFSET MITIGATION CREDITS PURSUANT TO THE TAR-
PAMLICO RIVER BASIN NUTRIENT MANAGEMENT STRATEGY
TABLE OF CONTENTS
I.
PREAMBLE.....................................................................................................................2
II.
LOCATION AND GEOGRAPHIC SERVICE AREA ...................................................
2
III.
AUTHORITIES...............................................................................................................
3
IV.
ESTABLISHMENT OF DIXON ROAD BANK PARCEL ............................................
3
V.
BANK PARCEL DEVELOPMENT PACKAGE
4
............................................................
VI.
POST CONSTRUCTION DOCUMENTATION
6
............................................................
VII.
CALCULATION OF MITIGATION CREDITS
9
.............................................................
VIII.
CREDIT RELEASE SCHEDULE.................................................................................
10
IX.
PROCEDURE FOR DEBITING AND CREDITING MITIGATION CREDITS.........
10
X.
BANK PARCEL CLOSURE.........................................................................................
12
XI.
GENERAL PROVISIONS
.............................................................................................
13
ATTACHMENTS
A — Division of Water Resources Authorities for UMBI/MBI
B — Buffer Ledger Template
C — Nutrient (Nitrogen and Phosphorus) Offset Ledger Templates
D — Rule Text 15A NCAC 02B .0240
E — Rule Text 15A NCAC 02B .0295 (Effective November 1, 2015)
Page 1 1 14

I. PREAMBLE
This Mitigation Banking Instrument ("Instrument") regarding the establishment, use,
operation, and maintenance of the Dixon Road Nutrient and Buffer Mitigation Bank Parcel
(`Bank Parcel") to provide Tar -Pamlico Riparian Buffer mitigation credit ("Riparian Buffer
Credits") and Tar -Pamlico Nutrient Strategy nutrient load reduction credit ("Nutrient Offset
Credits") is made and entered into by and among Greene Environmental Services, LLC acting
as the Bank Sponsor ("Sponsor"), and the North Carolina Department of Environmental
Quality — Division of Water Resources ("DWR"). This Instrument is in accordance with 15A
NCAC 02B .0240 and the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295, which
became effective on November 1, 2015 (Attachment D and E).
The purpose of the Bank is:
A. To improve water quality, reduce nutrient loads, enhance flood attenuation and restore
wildlife habitat along tributaries to Chocowinity Creek through the restoration of riparian
buffers and adjacent riparian areas.
B. To capture, treat and attenuate stormwater runoff by establishing wide woody riparian
vegetation along agricultural ditches and a stream.
C. To provide mitigation and sell any resulting Riparian Buffer Credits and/or Nutrient Offset
Credits to third parties in Hydrologic Cataloging Unit (HUC) 03020104 the Tar -Pamlico
River Basin, for development (both existing and proposed) requiring such mitigation.
II. LOCATION AND GEOGRAPHIC SERVICE AREA
A. The Geographic Service Area ("GSA") is the designated area wherein a Bank can
reasonably be expected to sell Riparian Buffer Credits and/or Nutrient Offset Credits for
impacts due to development activities.
B. The GSA for this Instrument is limited to the 8 -digit Hydrologic Unit Code ("HUC")
03020104 of the Tar -Pamlico River Basin.
C. The project is comprised of one parcel of land in Beaufort County, NC. Land use within the
Bank parcel has historically been row crop agriculture and is accessed from Dixon Road, in
Chocowinity, NC. The project is located at approximately 35004'33.23" N and 77°27'29.11"
W.
D. Unnamed tributaries of Chocowinity Creek are the receiving bodies of water for stormwater
runoff from this parcel. Chocowinity Creek is classified by DWR as Nutrient Sensitive
Waters (NSW).
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E. Sale or transfer of Riparian Buffer Credits shall be limited to the 8 -digit HUC 03020104 in
the Tar -Pamlico River Basin, unless otherwise authorized by the DWR or delegated local
government in accordance with 15A NCAC 0213 .0295.
F. Sale or transfer of Nutrient Offset Credits shall be limited to the 8 -digit HUC 03020104 in
the Tar -Pamlico River Basin, in accordance with 15A NCAC 02B .0240.
III.AUTHORITIES
A. The Bank will be used to provide Riparian Buffer Credit and Nutrient Offset Credit in
accordance with the requirements in the DWR Authority document referenced herein as
"Attachment A" and attached to this Instrument.
B. Projects eligible for utilization of the credits are those requiring authorization under the
requirements of Attachment A and any new approved North Carolina ("State") statutes and
rules for the Tar -Pamlico Nutrient Sensitive Waters Management Strategy.
C. All activities, including the selling of mitigation credits shall be consistent with approved
State statutes and rules for the Tar -Pamlico Nutrient Sensitive Waters Management
Strategy.
D. Mitigation activities proposed under this Instrument and corresponding Bank Parcel
Development Package (BPDP) to generate Riparian Buffer Credits and Nutrient Offset
Credits shall be consistent with North Carolina statutes and rules for the Tar -Pamlico
Nutrient Sensitive Waters Management Strategy that are in place at the time a complete
BPDP is submitted to DWR.
IV. ESTABLISHMENT OF DIXON ROAD BANK PARCEL
A. In accordance with 15A NCAC 02B .0295 and 15A NCAC 02B .0240, DWR has provided
a "Site Viability Letter" for the Bank Parcel proposed under this Instrument. The Site
Viability Letter is not an approval of the site to generate mitigation credits, but is a
preliminary review of the Bank Parcel that details and confirms existing land use conditions,
defines the riparian sites (Enhancement Preservation, or Restoration), and identifies features
(streams, ditches, ponds, etc.) that meet general criteria to be suitable to generate mitigation
credits. One (1) Site Viability Letter that applies to this Bank Parcel was issued by DWR on
June 15, 2018.
B. The Bank Parcel proposed for inclusion under this Instrument shall require a Bank Parcel
Development Package ("BPDP") be submitted to, and approved by, the DWR prior to use
of the Bank Parcel for mitigation purposes or sale or transfer of any associated credits. The
contents of the BPDP are provided in Section V.
C. The BPDP will be placed on public notice and made available for public commenting for
15 calendar days.
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D. Riparian Buffer Credit may be achieved through restoration of DWR riparian buffers as they
are defined in 15A NCAC 02B .0259, and other riparian areas as allowed per 15A NCAC
02B .0295 (n) and (o). Buffer credits are only attainable if the width of the restoration site
is within at least 20 feet from tops of banks along streams and 50 feet from tops of banks
along ditches. Buffer Credit along ditches can only be attainable with the first 50 feet from
tops of banks.
E. The Bank Parcel is intended to provide Tar -Pamlico Riparian Buffer mitigation as follows:
1. Planting hardwood trees on a Restoration Site, as defined in 15A NCAC 0213.0295
(b) adjacent to two intermittent streams.
2. Planting hardwood trees on a Restoration Site, as defined in 15A NCAC 02B .0295 (o)
adjacent to ditches
.3. Diffused flow will be maintained onsite. The Buffer Interpretation /Clarification Memo
#2008-019 applies where maintenance of diffuse flow onsite is unattainable.
F. Nutrient Offset Credit on this Bank Parcel may be achieved through restoration of the
riparian areas adjacent to the intermittent streams and the agricultural ditches where
agriculture is the predominant land use. Both ditches onsite drain to an intermittent stream
which drains offsite to Chocowinity Creek. The width of the restoration area begins at the
most landward limit of the top of bank or the rooted herbaceous vegetation and extends
landward a minimum of 50 feet and a maximum of 200 feet on all sides of the surface waters.
G. The Bank Parcel is expected to provide Nutrient Offsets as follows:
1. Converting agricultural land uses within riparian areas to non-agricultural land uses by
placing a conservation easement around riparian areas along streams and ditches.
2. Planting hardwood trees on a Restoration Site, as defined in 15A NCAC 213 .0295
(b) adjacent to ditches and intermittent streams where agriculture has been
determined by DWR to be the predominant landuse.
H. The total area of riparian buffer mitigation and nutrient offset on the Bank Parcel is expected to be
less than 20 acres.
V. BANK PARCEL DEVELOPMENT PACKAGE
A. The Dixon Road Bank Parcel Development Package (BPDP) submitted under this Instrument shall
be submitted to DWR for review and must be approved by DWR prior to any construction on the
Bank Parcel. The BPDP must describe any changes that have occurred to the site between the date
of the Site Viability Letter and the date the BPDP is submitted to DWR. The BPDP shall include
detailed information consistent with the sections below concerning; 1) site location (8 -digit HUC is
required); 2) existing conditions with current photos; 3) proposed buffer mitigation and nutrient
offset activities including a detailed vegetation plan; 4) monitoring and maintenance plans; 5)
financial
Page 4114

assurances; 6) associated buffer mitigation/nutrient credit calculations, which shall include
credit generation, service area, and accounting as appropriate for each regulatory authority;
7) stream buffer determination letter from DWR; 8) Site Viability Letter from DWR; 9)
service area figure for each mitigation type proposed under this Instrument.
B. The Sponsor will obtain all applicable federal, state, and local documentation, permits, or
authorizations needed to construct and maintain the Bank Parcel. This Instrument does not
qualify as, or substitute for, such documentation, permit, or authorization.
C. Any restoration activities or construction within the stream, riparian buffers and other
riparian areas on the Bank Parcel to produce Riparian Buffer Credit or Nutrient Offset Credit
must be approved by DWR in writing prior to implementation. The failure of the Sponsor to
comply with this requirement may result in a revised or reduced credit release schedule.
D. Requests for deviation from the approved BPDP must be submitted to DWR in writing.
Written approval from the DWR must be received prior to implementing any deviation from
the approved BPDP.
Property Disposition & Long -Term Management
E. Prior to the release of any credits, the Sponsor shall acquire a permanent conservation
easement at the Beaufort County Register of Deed's office that is sufficient to ensure
protection, operation and maintenance of restored riparian buffers and other riparian areas
for the duration specified in the approved BPDP.
F. The form of the conservation easement shall be consistent with the standards employed by
the State of North Carolina in the protection of restored riparian buffers and riparian areas
and shall be approved by the DWR prior to the release of any credits.
G. The Sponsor shall not grant additional easements, right of ways, or any other property
interest in or to the project areas, without prior approval from the DWR.
H. The Sponsor agrees to transfer or assign the conservation easement and its interests in
perpetuity to a qualified holder under NC General Statute ("GS") 121-34 et seq. and 170(h)
of the Internal Revenue Code prior to the submittal of the Year 4 Monitoring Report. The
holder shall be a land trust or stewardship program that will hold and enforce the
conservation easement and the interests in perpetuity. The Sponsor shall choose a land trust
or stewardship program that is accredited by the Land Trust Accreditation Commission
and/or has been approved by DWR prior to the end of the fourth year monitoring period.
A land trust must be certified under 501(c)(3) of the Internal Revenue Code.
Page 5114

I. In the event that the Sponsor is also the owner of the underlying fee interest in the property,
the conveyance of the conservation easement to a land trust or stewardship fund must be
arranged at the outset of the approved BPDP.
Financial Assurances
Following approval of the BPDP, the Sponsor shall provide a Performance/Maintenance
Bond from a surety company that is rated no less than an "A-" as rated by A.M. Best to
construct the site according to the approved BPDP. It is the Sponsor's responsibility to
confirm that the surety company is rated at least "A-" with each annual bond renewal.
K. The Performance Bond amount shall be 100% of the estimated cost for implementation of
the mitigation activities of the Bank Parcel as described in the approved BPDP. No bond
shall be less than $150,000.00 to cover construction costs.
L. Alternatively, in lieu of posting the Performance Bond, the Sponsor may elect to construct
the project prior to the first credit release.
M. Once DWR has released all credits for completion of all the items listed below, then the Bank
Sponsor will be released from its performance obligations under the performance bond required in
Item J and K of this section:
1. Instrument and BPDP Approved by DWR, Conservation Easement Recorded, Financial
Assurance Posted;
2. Mitigation Site Earthwork and Planting and Installation of Monitoring Devices Completed;
3. As -Built Report as described in Section VI has been received by DWR; and
4. DWR has submitted a written approval of the As -Built Report.
N. To comply with this section, DWR must be the Obligee on all performance bonds.
VI. POST CONSTRUCTION DOCUMENTATION
As -Built Report
A. The Sponsor agrees to perform all necessary work, in accordance with the provisions of this
Instrument, to establish, maintain, and monitor Tar -Pamlico Riparian Buffers or other
riparian areas until Item B (1) and (2) of Section X have been satisfied.
B. The Sponsor will submit an as -built plan and report for the Bank Parcel within 30 calendar days
after completing the riparian buffer mitigation and nutrient offset areas. The as- built report will
describe any deviation from the approved BPDP and will document all the following:
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1. Buffer restoration: planting details and other construction activities that were
required in the BPDP, invasive species control, monitoring device locations,
vegetation plot locations, photo point locations, surface and groundwater
elevations, as appropriate.
2. Boundary Survey of the conservation easement area, signed and sealed by a
licensed surveyor, including an enumeration of the final mitigation areas for
riparian buffer mitigation (in both square feet and acres) and nutrient offset (in both
pounds and acres).
3. As -built aerial map of the mitigation area showing where restoration was performed
and any deviations to the Bank Parcel from what was approved in the BPDP.
4. Aerial map of the mitigation area that was included in the approved BPDP.
Financial Assurance
C. After completion of the restoration/construction, a separate Performance/Maintenance Bond will be
secured for 100% of the estimated cost to implement the monitoring and maintenance plan as
described in the approved BPDP. The Bond must be from a surety company that is rated no less
than an "A-" as rated by A.M. Best, and it is the Sponsor's responsibility to confirm that the surety
company is still rated no less than an "A-" with each annual bond renewal
D. A Performance/Maintenance Bond shall be secured each year for a minimum of five years,
and until DWR has released all mitigation credits to the Bank Sponsor. Upon DWR
approval, the bond may be lowered each year based on the adjusted cost to complete the
monitoring. No bond shall be less than $100,000 to cover monitoring and maintenance
costs.
E. Once DWR has released all credits for completion of Tasks 1-9 in accordance with the
credit release schedule in Section VIII, the Bank Sponsor can be released from its
performance obligations under the performance bond required in "C -D" of this Section.
F. To comply with this section, DWR must be the Obligee on all performance bonds.
Monitoring and Maintenance Reports
G. The Sponsor shall monitor the Bank Parcel as described in the BPDP until such time as
DWR determines that the success criteria described below have been met. Themonitoring
period shall be a minimum of five consecutive years.
H. Performance Standards for Vegetation: Native hardwood trees or native hardwood tree and
shrub species should be planted at a density sufficient to provide 260 stems per acre after
five years. A minimum of four (4) native hardwood trees species must be planted. No one
species shall be greater than 50% of the planted stems. A list of species for planting will be
detailed in the BPDP for approval. Native hardwood tree volunteer species may be included
to meet performance standards as determined by the DWR.
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I. A "stem" means a woody seedling, sapling, shrub or tree, no less than 10 centimeters in
height.
J. If the performance standards of the vegetation are not met, supplemental plantings maybe
required. Supplemental plantings will be utilized until the required densities have been
achieved and maintained for five years. Bank Parcel maintenance, such as ensuring diffuse
flow, managing invasive species, and pest control will be included in the BPDP.
K. Monitoring Reports for Riparian Buffer Credit or Nutrient Offset Credit: Reporting criteria
of the riparian restoration areas shall be based on the Carolina Vegetation Survey (CVS) —
EEP Protocol for Recording Vegetation Level 2 Plot Sampling Only Version 4.0 or any
updated versions of this protocol in place at the date of acceptance of the BPDP. The
Sponsor shall submit to the DWR an annual monitoring report no later than December 31
of each year for a minimum of five consecutive years after the first full growing season. This
report will describe the conditions of each Bank Parcel, including an evaluation of the
performance standards of the vegetation contained within the approved BPDP. Reports
shall contain the following:
1. A U.S. Geological Survey map showing location of the Bank Parcel;
2. A detailed narrative summarizing the condition of the Bank Parcel along with any
maintenance or remediation performed that year; and
3. A map, survey, or other figure showing locations of sampling plots, permanent
photo points, location of transects, etc.; and
4. Monitoring data, including specific vegetative counts showing that the trees or tree
and shrub species planted are meeting performance standards and updated
photographs; and
5. A copy of the most recent Bank credit/debit ledgers; and
6. Corresponding verification letters from designated local governments upon request;
and
7. Corresponding Mitigation Transfer Certificates upon request
8. Proof of performance bond renewal to cover the next monitoring year (if applicable).
Contingency Plans/Remedial Actions
L. In the event the Bank Parcel fails to achieve the success criteria described in this Instrument
and the approved BPDP, the Bank Sponsor shall develop necessary contingency plans in
coordination with the DWR and implement appropriate remedial actions for the Bank
Parcel and the Bank. Depending on the degree of remedial actions required, the DWR may
modify the monitoring period.
Page 814

VII. CALCULATION OF MITIGATION CREDITS
Riparian Buffer Credits
A. All Riparian Buffer Credits shall be determined based on the ratios and percentages
provided in 15A NCAC 02B .0295 (m) and (n).
B. Riparian buffer restoration on the Bank Parcel, as described in 15A NCAC 02B .0295 (n)
and (o), defined in 15A NCAC 02B .0295 (b) and performed on agricultural lands within
the Bank Parcel, may be used for either Riparian Buffer Credit or Nutrient Offset Credit,
but not both.
C. Riparian Buffer Credit is defined as one (1) buffer credit per one square foot or 43,560 buffer
credits per one acre.
Nutrient Offset Credits
D. All Nutrient Offset Credits will be determined by including the applicable ratio as provided
in 15A NCAC 02B .0295 (m) for a Restoration Site. All riparian areas proposed for Nutrient
Offset Credit must be a minimum of 50 feet from the top of stream and ditch banks.
E. Nutrient Abatement of Restored Riparian Area/Buffers: The Sponsor and DWR agree:
1. The pounds of nitrogen offset per acre of restored riparian areas/buffers shall be
2,273.02 pounds per acre.
2. The pounds of phosphorus offset per acre of restored riparian buffers shall be 146.40
pounds per acre.
F. The Sponsor and DWR agree that the methodology and calculations for determining
nitrogen and total phosphorous reduction, associated with restoration of riparian areas on
this Bank Parcel, shall be fixed as part of the approval of this Instrument , with the fixed
amount not changing unless the viability letter has expired and a BPDP has not been
submitted to DWR.
Page 91 14

VIII. CREDIT RELEASE SCHEDULE
A. Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval
by DWR, it is agreed that the mitigation credits associated with the Bank Parcel will become
available for sale to a third party in accordance with the Credit Release Schedule below:
Table I - Credit Release Schedule for Riparian Buffer and Nutrient Offset Credits
Task
Project Milestone
% Credit
Available for
Sale
1
MBI and BPDP Approved by DWR, Conservation Easement Recorded* and
Financial Assurance Posted
20
2
Mitigation Site Earthwork, Planting and Installation of Monitoring Devices
Completed
20
3
Monitoring Financial Assurance Posted and Approval of As -Built Report
10
4
Monitoring Report #1: Approved by the DWR** & financial assurance renewed
10
5
Monitoring Report #2: Approved by the DWR** & financial assurance renewed
10
6
Monitoring Report #3: Approved by the DWR** & financial assurance renewed
10
7
Item B (1) of Section X in this Instrument has been completed and approved by
DWR.
5
No remaining credits will be released until Task 7 has been satisfied
8
Monitoring Report #4: Approved by the DWR** & financial assurance renewed
5
9
Monitoring Report #5: Approved by the DWR** and final site visit by DWR has
been conducted
10
Total
100%
* For specification, please see Section V in this Instrument
** DWR Approval provided upon a determination that the site is meeting success criteria contained within the
approved BPDP
B. DWR may modify the credit release schedule based on the information submitted or the
order in which required information is received. DWR will notify the Sponsor of any
modification to the credit release schedule.
IX. PROCEDURE FOR DEBITING AND CREDITING MITIGATION CREDITS
Credit Ledgers
A. The Bank Sponsor shall maintain three credit ledgers for the Bank Parcel under this
Instrument: one accounting for Riparian Buffer Restoration Credits in square feet and acres,
one accounting for Nitrogen Nutrient Offset Credits in pounds and acres, and one
accounting for Phosphorus Nutrient Offset Credits in pounds and acres.
B. Each credit ledger shall be submitted on a separate 8 %tin X 11 in spreadsheet with legible
font style and font size. All ledgers shall be submitted using the templates provided in
Attachments B and C of this Instrument or any updated versions to these templates as
provided by DWR.
Page 10114

Credit Processing
C. Riparian Buffer Credits generated on this Bank Parcel must be provided to offset impacts
within the Tar -Pamlico River Basin in accordance with 15A NCAC 02B .0295 (g).
D. Nutrient Offset Credits generated on this Bank Parcel can only be provided to offset nutrient
loadings within the 03020104 HUC of the Tar -Pamlico River basin.
E. Available mitigation credits that are generated from riparian buffer restoration, as defined
in 15A NCAC 02B .0295 (b) and described in 15A NCAC 02B .0295 (n) and (o) on
agricultural land, can be converted from Riparian Buffer Credits to Nutrient Offset Credits
and from Nutrient Offset Credits back to Riparian Buffer Credits upon written approval
from DWR.
F. All ratios and percentages of full credit will be applied to Riparian Buffer Credits in
accordance with 15A NCAC 02B .0295 (m) and (n) and ratios will be applied to Nutrient
Offset Credits according to 15A NCAC 02B .0295 (m).
G. Available mitigation credits that are generated from riparian restoration, as defined in 15A
NCAC 02B .0295 (b) and described in 15A NCAC 02B .0295 (n) along the two agricultural
ditches, are not able to be converted from Nutrient Offset Credits to Riparian Buffer Credits
unless the ditches meet all the requirements of 15A NCAC 02B .0295 (0)(8).
H. The Bank Sponsor shall obtain verification of nutrient offset need from a designated local
government in the Tar -Pamlico River Basin prior to debiting Nutrient Offset Credits from
the Bank Parcel.
I. The Bank Sponsor shall obtain verification of buffer mitigation required from the delegated
local government in the Tar -Pamlico River Basin or DWR prior to debiting Riparian Buffer
Credits from the Bank Parcel.
J. After Bank Parcel Closure has commenced, which is described in Section X of this
Instrument, the Bank Sponsor will be unable to add mitigation credits to the Dixon Road
Nutrient Offset and Buffer Mitigation Bank.
K All credit and debit transactions for each Bank Parcel under this Instrument shall be
accurately depicted in the credit ledgers. The Sponsor shall submit accurate and up-to-date
credit ledgers for each Bank Parcel by the tenth (10th) of each month. At a minimum and
only upon request, DWR shall receive a hard copy of updated credit ledgers along with
corresponding Mitigation Credit Transfer Certificates and all corresponding letters from the
designated local governments or DWR where applicable once a year. Notification of all
credit sales shall be provided to DWR until all credits that have been released have been
sold.
Page 11 1 14

Mitigation Credit Transfer Certificates
L. All credit sales will include a Mitigation Credit Transfer Certificate ("Certificate") that is
required to be provided to the buyer of Riparian Buffer and/or Nutrient Offset credits, that
will include, at a minimum, the following information:
Bank Details: (1) sponsor Name, (2) Bank Parcel name as it appears in this
Instrument, (3) DWR project number for the BPDP.
2. Credit Details: (1) date of receipt, (2) identify if full or partial payment, (3 —when
applicable) amount of nitrogen credits purchased in pounds and confirmation from
the designated local government of the amount required, (4 — when applicable)
amount of phosphorous credits purchased in pounds and confirmation from the
designated local government of the amount required, and (5 — when applicable)
amount of Riparian Buffer Credits purchased in square feet and the confirmation
from DWR or the local government of the amount required.
3. Debiting Project Details: (1) project name as it appears on DWR or local government
permits and/or certifications, (2) 8 -digit HUC, (3) river basin, (4) nutrient strategy
applicable to the project, (5 — when applicable) designated local government
requiring Nutrient Offset Credits, and/or (6) DWR authorization number or
delegated local government requiring Riparian Buffer Credits for this project.
M. If the DWR determines that the Bank is operating at a deficit (e.g. the Sponsor is closing
on sales and/or transferring credit that is not available), or the Bank is selling credits out of
compliance with statutes, rules or this Agreement, the sale/transfer of credits will
immediately cease, and the DWR, in consultation with the Sponsor, will determine what
remedial actions are necessary.
X. BANK PARCEL CLOSURE
A. Bank Parcel Closure shall be identified as the event when the Sponsor is relieved of all of
its responsibilities to the Bank Parcel and there are no mitigation credits left to sell.
B. Bank Parcel Closure shall commence only after all the following events have occurred:
1.Transfer or assign the conservation easement and all its interests, in perpetuity, to a
land trust or stewardship program as described in Section V of this instrument.
2.All five years of monitoring completed and all monitoring reports submitted and
approved by DWR
3.All credits have been released and debited and updated ledgers showing zero credit
balances have been submitted and approved by DWR.
Page 12114

XI. GENERAL PROVISIONS
A. Upon the presentation of proper credentials, and during normal business hours, the Sponsor
and the landowner shall grant permission to the Director of DWR, an authorized
representative of the Director of DWR, to enter the property containing the Bank Parcel(s).
B. Amendments: This Banking Instrument may be amended or modified only with written
approval of all signatory parties.
C. Any transfer of the Sponsor's rights or obligations outlined in this Instrument or anyother
agreement referenced in this Instrument to a third party must be approved by DWR prior to
the transfer.
D. Force Majeure: After 100% of all the credits have been released according to the credit release
schedule in Section VIII and confirmation has been received by the DWR that the Conservation
Easement has been successfully assigned in compliance with Item H of Section V, the Sponsor
will not be responsible for Bank failure that is attributed to natural catastrophes including but
not limited to flood, drought, disease, regional pest infestation, etc. that are beyond the control
of the Sponsor.
E. However, if an event occurs before 100% of all the credits have been released according to the
credit release schedule in Section VIII, the Sponsor shall take remedial action to restore the
property to its condition prior to the event, in a manner sufficient to provide adequate mitigation
to cover credits that were sold prior to the occurrence of the event. Such remedial action shall
be taken by the Sponsor only to the extent necessary and appropriate, as determined by DWR
and the Sponsor.
DWR must concur in writing that a force majeure event has occurred for this provision to apply.
F. Oversight: Actions taken by DWR may include, but are not limited to, the following:
1. Site visits
2. Issuance of Site Viability Letters.
3. Mitigation determinations/mitigation viability assessments.
4. BPDP review and approval of items listed in Section V of this instrument.
5. As -Built Report review and approval of items listed in Section VI of this
instrument.
6. Monitoring Report review and approval of items listed in Section VI of this
instrument.
7. Credit Ledger review and approval of items listed in Section IX of this instrument.
8. Certificate review of items listed in Section IX of this instrument and cross analysis
to credit ledgers.
9. Information requests, file reviews and audits Reports, ledgers, files and other
information shall be made available to DWR upon request, unless otherwise
specified in this or any other document.
Page 1314

G. Validity of the Banking Instrument: This Instrument will become valid on the date of the
last party's signature.
H. Specific Language of Banking Instrument Shall Be Controlling: To the extent that specific
language in this document changes, modifies, or deletes terms and conditions contained in
those documents that are incorporated into the Instrument by reference, and that are not
legally binding, the specific language within the Instrument shall be controlling.
I. Any disputes over decisions regarding this Instrument, shall be referred to the Director of
DWR for a decision. The Director's decision is subject to review as provided in Articles 3
and 4 of G.S. 150B.
J. This Agreement shall be binding upon the parties and is entered into knowingly,
intelligently, and voluntarily.
K. Notices: All notices and other communications which may be or are required to be given or
made by any party to the other shall be in writing and shall be deemed to have been properly
given and received on the date delivered in person or deposited in the United States mail,
registered or certified, return receipt requested, to the addresses set outbelow, or at such
other addresses as specified by written notice delivered in accordance herewith.
L. Applicable Law: This Agreement shall be construed under the laws of the State of North
Carolina.
GREENE ENVIRONMENTAL SERVICES, LLC
By: Jeffrey R. Becker (Print)
(Signature)
Title: Project Manager
Date: `'� ri�►tir., �j0 , Z.(� �°�
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY -
DIVISION OF WATER RESOURCES
By: l,ih�r��o{n�n� (Print)
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Title: a' hVC6P'Vw«--b)r-CJ r -
Date:
Page 14114

Updated
Nutrient Offset Program & Buffer Mitigation Program 9/6/2016
Authorities for UMBI
ATTACHMENT A
Authorities pertaining to the Dixon Road Mitigation Banking Instrument
All Basins
General Statutes:
G. S. § 143-214.11 Ecosystem Enhancement Program
G.S. §143-214.26 Nutrient Offset Credits
G.S. §143-214.20-24 Riparian Buffer Protection Program
G. S. § 143-214.7 Stormwater runoff rules and programs
G.S. §143-215.8B Basinwide Water Quality Management Plans
Session Laws
S.L. 2015-246
S.L. 2015-149
S.L. 2014-90
S.L. 2014-120
S.L. 2013-413
S.L. 2013-121
S.L. 2013-265
S.L. 2012-200 (Amendment to G.S. §143-214.23 and G.S. §143-215.1)
S.L. 2011-343 (Amendment to G. S. § 143-214.11)
S.L. 2009- 337 (Amendment to G.S. §143-214.11)
Administrative Rules:
15A NCAC 02B .0202 Definitions
15A NCAC 02B .0223 Nutrient Sensitive Waters
15A NCAC 02B .0237 Best Management Practice Cost -Effectiveness Rate
15A NCAC 02B .0240 Nutrient Offset Payments
15A NCAC 02B .0295 Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers
Neuse River Basin Buffer and Neuse Nutrient Strategy
Session Laws
S.L. 2011-394
S.L. 1999-329 (part of G.S. 143B-282)
Administrative Rules:
15A NCAC 2B .0229 Nutrient Offset Payments for Non -Tar -Pamlico Basin Association Members
15A NCAC 2B .0255 Agricultural Nutrient Loading Goals
15A NCAC 2B .0256 Agricultural Nutrient Control Strategy
15A NCAC 2B .0257 Nutrient Management
15A NCAC 2B .0258 Basinwide Stormwater Requirements
15A NCAC 2B .0259 Protection and Maintenance of Existing Riparian Buffers
15A NCAC 2B .0261 Delegation of Authority for the Protection and Maintenance of Existing Riparian Buffers