20081473 Ver 1_Mitigation Information_20090903

Oj Z;p 44'j;kj, "?00
LETTER OF TRANSMITTAL
10055 Red Run Boulevard, Suite 130 Owings Mills, MD 21117 410-356-5159 - PH 410-356-5822 - FAX
909 Capability Drive, Suite 3100 Raleigh, NC 27606 919-829-9909 - PH 919-829-9913 - FAY
TO: Eric Kulz
NC Division of Water Quality
ATTN:
DATE: September 3, 2009
RE: EBX Neuse Riparian Umbrella Mitigation Bank
We are sending via: 0 Overnight ? Regular Mail ? Pick-Up © Hand Delivered
The following items: ? Correspondence ? Plans 0 Specifications 0 Other as listed below:
COPIES DATE NO. DESCRIPTION
1 09/03/2009 EBX letter to EEP verifying available credits
These are transmitted as checked below:
F7For Approval ? As Requested
IX For Your Use ? For Review and Comment
REMARKS:
? Approved as Submitted El Returned for Corrections
? Approved as Noted El For Your Signature
Eric,
I have included you on the copy because of the issue that have arisen. EEP does not understand the banking
process and I hope that the letter clarifies the transaction. EBX has tried to make clear how banking works
and required documentation is involved. As always, thank you for your help.
Norton
COPY TO: SIGNED:
Environmental Banc & Exchange
Capital • Experience • Expertise
10055 Red Run Boulevard
Suite 130
Owings Mills, MD 21117
p 410.356.5159
p 888.781.7075
f 410.356.5822
September 3, 2009
909 Capability Drive
Suite 3100
Raleigh, NC 27606
Mr. Jeff Jurek p 919.829.9909
Full Delivery Supervisor f 919.829.9913
Ecosystem Enhancement Program
Soa
e street
1652 Mail Service Center Suite 0
Raleigh, NC 27699-1321 Camden, SC 29020
p 803.427.7877

Subject: EBX Neuse Riparian Buffer Umbrella Mitigation Bank f 410.356.5822
RFP #16-001383 www.ebxuso.com
NC DENR Contract No. 002355
Johnston and Wayne Counties, North Carolina
Dear Mr. Jurek:
EBX Neuse-I, LLC ("EBX") has entered into a contract with NC DENR (Contract No.
002355) to purchase 60 Riparian Buffer Mitigation Units ("BMU") from the EBX Neuse
Riparian Umbrella Mitigation Bank.
The BMU sold by EBX are from the Credit Ledgers of the EBX Neuse Riparian Umbrella
Mitigation Bank ("Bank"). EBX is the Bank Sponsor. The Credits specified as available
for sale on the Credit Ledgers of Bank have been released by NC DWQ (based on NC
DWQ's letters dated November 14, 2008 and May 21, 2009) for sale by the Bank for
buffer mitigation in the Neuse River Basin.
BMU as defined in NC EEP Request for Proposal (RFP 16-001383) as either Riparian
Buffer Restoration ("RBR") or Riparian Buffer Enhancement ("RBE"). Per the RFP, RBR
is converted to BMU at a 1:1 ratio. RBR is defined as reforestation of a non-forested
riparian area of at least 50 feet and a maximum of 200 feet from top-of-bank of a stream or
ditch to a density of 320 trees per acre at maturity and with a minimum diversity of two
hardwood tree species.
As specified in the Bank's Credit Ledgers and in Tables 2, 3 and 4 in the EBX Technical
Proposal dated November 2008 submitted in response to the RFP, the Bank's Credits are
either Buffer Mitigation Credits or Nutrient Reduction Credits (together "Credits").
All of the Credits on the Bank's Credit Ledgers, and all of the BMU sold by EBX and
purchased by NC DENR fully comply with the definitions of RBR and BMU as specified
in the RFP. This compliance was confirmed by NC EEP during its review of the Technical
Proposal as well as a site visit. Therefore, relative to the RFP, one Credit on the Credit
Ledger of the Bank is equivalent to one BMU.
NC DWQ and the Mitigation Banking Instrument (MBI) for the Bank require that the Bank
provide to NC DWQ an Affidavit of Credit Sale as evidence of each sales transaction and
as evidence that the Credit Ledgers of the Bank reflect all Credits credited to and debited
from the Bank.
EBX has provided to NC EEP a copy of the Affidavit of Credit Sale related to the sale and
purchase of 60 BMU by NC DENR and copies of the Credit Ledgers for the Bank as
evidence that sufficient Credits (that is, MBU) were available for sale and that the 60
Credits (that is, BMU) have been purchased by NC DENR. In addition, EBX has provided
to NC EEP copies of the letters from NC DWQ to EBX approving the release of the
Credits as specified on the Credit Ledgers.
In summary:
? EBX has sold and NC DENR has purchased 60 BMU
? 60 BMU are equivalent to 60 Credits on the Credit Ledger of the Bank
? The Bank has been released to sell for mitigation more than the 60 Credits sold to
NC DENR
? The sale and purchase of the Credits has been fully documented in accordance with
NC DENR procedures and the MBI of the Bank
Thank you for your time and consideration.
Sincerely,
?6 ?
Norton Webster
Project Manager
Cc: Eric Kulz, NC DWQ
Transaction Credits RelessedlCredIfted to Senk Credits Debited From Bank it
C= A
U. -h- P --ft f U P-nrm f U A- I D -k-
cz�
colibec Closing Local
n� n- U11f. ft -ft
1 74.000.000
32.56
74,000.000
32.56
Credit Released
2
722*180
032
739277 820
32.24
Camden Square. LLC
ComdonSquareApa ants
2(9/10
3/12110
30202D4
New Bem
3
731.850
0.32
n,545 970
31.92
DDJ investments, LLC
Jimmles Creek Maxi -Storage
U'Vio
3rvio
302D2D4
New Sam
4
155.500
0.07
72,390.470
3185
Axelson Properties, LLC
Axetson Properties
8/4/10
8/6/10
30202D4
New Sam
5
149950
0.07
72.240.520
31.78
Phuoe & Mben Group, LLC
Musashl Restaurant
8/27/10
8/27/10
302D204
Havelock
6
167700
--
0.07
72,072.820
31.71
OReilly Auto Parts
OReilly Auto
8/27/10
8/31/10
302D2D4
Havelock
7
6OA20
0.03
72,012.400
31.68
CTVAEC Propoertles, LLC
CTVAEC
11/1&10
11/15/10
3020204
New Bem
8
8
639.140
0.28
71,373260
31.40
Commerce Pond Owners Association
Commerce Park 11
3/2111
3/2/11
30202D4
New Bem
M6
9
9
147.000
0.06
71.226260
3134
Carlisle VANC, LLC
Wendy's Havelock
818/11
E813"'O
8/11111
3020204
Havelock
110
0
18.580
0.05
71,107.680
3128
Print EJecU Office Solutions
Print ElecV Office Solutions
8/8/11
ly
8/12YI 1:
302D204
Now Bern
11
11
266.720
0.12
70,840960
31.17
Greenville Ready Mixed Concrete, inc.-
DPD Concrete - Lot 12
11/4/11
1/11/12
3020204
Havelock
552.450
0424
70,288510
30.92
Without Limits Christian Center
Without Limits Christian Center
4/15/12
4119/12
30202D4
New Bern
13
42.000
0.02
70.246510
30.90
Commercial Site Design, PLLC
McDonalds - 511 W US -70
1/17/12
1/17/12
3020204
Havelock
14
2,784.070
1.22
67.462.440
2968
Surnrell, Sugg, Carmichael, Hicks & Hart, PA
Tractor -Supply
112OR2
I -Q(1112
3020M4
Now Bem
W12
15
310.320
0.14
67,152.120
29.54
Satwear, LLC
Pabiat Park
&1/12
518112
3020204
Havelock
1
16
150.250
0.07
67.001870
29.48
Farrior & Sons, Inc.
Eastern Nephrology
6/12/12
6/18/12
3020204
Now Bern
17
1
46.510
0.02
66.955360
2946
Guardian Holdings, Inc.
Zaxbys
9/4/12
9/10/12
30202D4
New Bern
I Total
32.56 7.044.640 1
3.10
66,955.360
2946

AFFIDAVIT OF CREDIT SALE
TO: NORTH CAROLINA DEPARTMENT OF WATER QUALITY, and
CITY OF NEW BERN
Ile undersigned, EBX Neuse 1, LLC the Sponsor of the EBX Nease Riparian Buffer Umbrella
hfitigation Bank (DWQ Number 08-1473), hereby certifies the following: (Marston DWQ
Number 2008-1473vl)
GUARDIAN HOLDINGS, INC. has deposited monies with the Sponsor
sufficient to acquire 46.51 Nutrient Reduction Credits (pounds of Nitrogen) from
the Bank for use on its Zaxbys project, Stormwater Permit Number 17
Amendment 2 in New Bern, NC, in HUC 03020204 of the Neuse River
Watershed.
2. The Zaxbys project requires a total of 46.51 Nutrient Reduction Credits as
mitigation. Of this amount 46.51 Nutrient Reduction Credits are being provided
by the Bank.
3. The Sponsor has deducted 46.51 Nutrient Reduction Credits from the Bank's
credit ledger for HUC 03020204 of the Neuse River Watershed.
A copy of the Bank's Credit ledger reflecting the above transaction is attached to this Affidavit.
EBX Neuse 1, LLC
By: & A 1 /1",'
(Cam Nelson)
Project Administrator
(Title)
Date: 7/10//?

di"itV of Nefu Pient
ALDERMEN
SABRINA BENGEL
VICTOR J. TAYLOR
DENNIS K. BUCHER
JOHNNIE RAY KINSEY
BERNARD W. WHITE
DANA E. OUTLAW
three &nturits of Yorth &rofina �hritage
FOUNDED '1710
Phone: [phone] www.newbern-nc.org
P.M. Pox 1129 Ytfu Pern, YC 28563-1129
July 9, 2012
LETTER OF APPROVAL
Mack Gay Associates, P.A.
Attn: Mr. Phillip Joyner
1667 Thomas A. Betts Pkwy.
Rocky Mount, NC 27804
LEE WILSON BETTIS, JR.
MAYOR
MICHAEL R. EPPERSON
CITY MANAGER
VERONICA E. MATTOCKS
CITY CLERK
MARY B. MURAGLIA
DIRECTOR OF FINANCE
RE: Stormwater Management Plan for Nitrogen Reduction- No. 17 Amendment 2
Zaxbys
Responsible Party: Mr. Vince Andracchio
Dear Mr. Joyner,
This letter is to advise that your submittal of plans and application have been
found to be in compliance with the City of New Bern Stormwater Quality Management
and Discharge Control Ordinance. A check will need to be submitted to the City of
New Bern in the amount of $1576.57 to account for the City of New Bern Offset Fee
for nitrogen removal and Permit Review Fee.
You will need to submit payment for Nitrogen Removal to the North Carolina
Ecosystem Enhancement Program or an approved mitigation bank before a building
permit(s) and Certificate of Occupancy can be issued for this pmject. Payment should be
based on the current rates for 1.36 lb/ac/yr.
a. Per Session Law 2009-337, the EEP should only be used if an
approved mitigation bank is unavailable in the watershed you are
seeking credit (See
ft://www.nceep.pSt/
gnes/ILF Progam intro.html for more
information). The following website has a current list of approved
mitigation banks for the Neuse 03020202 & 03020204 HUCs:
hM://portal.ncdenr.or /get file?uuid--94leab4b-
Wc/document libMM _
cc5d-4c7c-a33f-5d25c9l c7a2c&ffoupld=38364.
,�Rribing for guellenre

Stormwater Permit No. 17 Amendment 2
Page 2 of 2
Those projects which flow into Bachelor Creek must seek credit in the
Neuse 03020202 HUC. All other City of New Bern applicants must
seek credit in the Neuse 03020204 HUC. If there are no mitigation
banks available for your HUC (regardless of County) at the time of
your application, the EEP should be contacted for payment.
b. When applying for the credit purchase, please provide the mitigation
bank or EEP with the following information:
• Project Name: Zaxbys
• New Bern Stormwater Permit Number: 17 Amendment 2
• Total Nitrogen to be offset: 1.36 lbstacretyr x 1.14 ac x 30 years
= 46.51 total lbs of Nitrogen to be off -set
• Hydrologic Unit: Neuse 03020202 or 03020204 (See a. above)
c. Please provide the City and EEP with a copy of the Sales Affidavit
received from the mitigation bank.
This permit also requires the necessary maintenance and record keeping of the
proposed Bh4P as set forth in your operation and maintenance plan.
We thank you for your concern for water quality issues and efforts toward the
improvement of the Neuse River and look forward to working with you to insure the
ffiture of this resource is protected for generations to come.
Sincerely,
Jordan Hughes,
City Engineer
cc: Harold Best, Public Works Superintendent
John Clark, Chief Building Inspector
File

AFFIDAVIT OF CREDIT SALE
TO: NORTH CAROLINA DEPARTMENT OF WATER QUALITY, and
CITY OF NEW BERN
The undersigned, EBX Neuse 1, LLC the Sponsor of the EBX Neuse Riparian Buffer Umbrella
Ntigation Bank (DWQ Number 08-1473), hereby certifies the following: (Marston DWQ
Number 2008-1473vl)
I Farrior & Sons, Inc. has deposited monies with the Sponsor sufficient to acquire
150.25 Nutrient Reduction Credits (pounds of Nitrogen) fiom the Bank for use on
its Eastern Nephrology project in New Bern, NC, in HUC 0302004 of the Neuse
River Watershed.
2. The Eastern Nephrology project requires a total of 150.25 Nutrient Reduction
Credits as mitigation. Of this amount 150.25 Nutrient Reduction Credits are
being provided by the Bank.
3. The Sponsor has deducted 150.25 Nutrient Reduction Credits from the Bank's
credit ledger for HUC 0302004 of the Neuse River Watershed.
EBX Neuse I LLC
(Cara S. Nelson)
Project Administrator
(Title)
Date: --- LJL1 I kil 7

AFFIDAVIT OF CREDIT SALE
TO: NORTH CAROLINA DEPARTMENT OF WATER QUALITY9 and
CITY OF HAVELOCK
The undersigned, EBX Neuse I, LLC the Sponsor of the EBX Neuse Riparian Buffer Umbrella
Nfitigation Bank (DWQ Nurnber 08-1473), hereby certifies the following: (Rudolph DWQ
Number 2010-0408)
Satwea, LLC has deposited monies with the Sponsor sufficient to acquire 310.32
Nutrient Reduction Credits (pounds of Nitrogen) from the Bank for use on its
Patriot Park project, in Havelock NC, in HUC 03020204 of the Neuse River
Watershed.
2. The Patriot Park project requires a total of 310.32 Nutrient Reduction Credits as
mitigation. Of this amount 310.32 Nutrient Reduction Credits are being provided
by the Bank.
3. The Sponsor has deducted 310.32 Nutrient Reduction Credits from the Bank's
credit ledger for HUC 03020204 of the Neuse River Watershed.
A copy of the Bank's Credit ledger reflecting the above transaction is attached to this Affidavit.
EBX Neuse L LLC
By:
(M&n W"hovii)
PLo
ject Manager
(Title)
Date: 1z

AFFIDAVIT OF CREDIT SALE
TO: NORTH CAROLINA DEPARTMENT OF WATER QUALITY9 and
CITYOFNEWBERN
The undersigned, EBX Neuse 1, LLC the Sponsor of the EBX Neuse Riparian Buffer Umbrella
Ntigation Bank (DWQ Number 08-1473), hereby certifies the following: (Manton DWQ
Number 2008-1473vl)
I Sumrell, Sugg, Carmichael, Hicks & Hart, P.A. has deposited monies with the
Sponsor sufficient to acquire 2784.07 Nutrient Reduction Credits (pounds of
Nitrogen) from the Bank for use on its Tractor Supply project, in New Bern, in
HUC 03020201 of the Neuse River Watershed.
2. The Tractor Supply project requires a total of 2784.07 Nutrient Reduction Credits
as mitigation. Of this amount 2784-07 Nutrient Reduction Credits are being
provided by the Bank.
3. The Sponsor has deducted 2784.07 Nutrient Reduction Credits fi-om the Bank's
credit ledger for HUC 03020201 of the Neuse River Watershed.
A copy of the Bank's Credit ledger reflecting the above transaction is attached to this Affidavit.
EBX Neuse I, LLC
By- --t - -
?"T'n . Hovis
Pro* Manager
(Title)
Date: /-0-6—JZ

AFFIDAVIT OF CREDIT SALE
TO: NORTH CAROLINA DEPARTMENT OF WATER QUALITY, and
CITY OF HAVELOCK
The undersigned, EBX Neuse 1, LLC the Sponsor of the EBX Neuse Riparian Buffer Umbrella
hfitigation Bank (DWQ Number 08-1473), hereby certifies the following: (Marston DWQ
Number 2008-1473vl)
Commercial Site Design, PLLC has deposited monies with the Sponsor sufficient
to acquire 42-0 Nutrient Reduction Credits (pounds of Nitrogen) from the Bank
for use on its McDonalds — 511 W US -70 project, in Havelock NC, in HUC
03020204 of the Neuse River Watershed.
2. The McDonalds — 511 W US -70 project requires a total of 42.0 Nutrient
Reduction Credits as mitigation. Of this amount 42.0 Nutrient Reduction Credits
are being provided by the Bank.
3. The Sponsor has deducted 42.0 Nutrient Reduction Credits from the Bank's credit
ledger for HUC 03020204 of the Neuse River Watershed.
A copy of the Bank's Credit ledger reflecting the above transaction is attached to this Affidavit
EBX Neuse I, LLC
By.
6� W�0�4
Project Manager
Critle)
Date:

AFFIDAVIT OF CREDIT SALE
TO: NORTH CAROLINA DEPARTMENT OF WATER QUALITyg wd
CITY OF NEW BERN -
Ile undersigned, EBX Neuse I, LLC the Sponsor of the EBX Neuse Riparian Buffer Umbrella
Mitigation Bank (DWQ Number 08-1473), hereby certifies the following: (Marston DWQ
Number 2008-1473vl)
I Without Limits Christian Center has deposited momes with the Sponsor sufficient
to acquire 552.45 Nutrient Reduction Credits (pounds of Nitrogen) from the Bank
for use on its Without Limits Christian Center project, in New Bern, in HUC
03020204 of the Neuse River Watershed.
2. The Without Limits Christian Center projed requires a total of 552.45 Nutrient
Reduction Credits as mitigation. Of this amount 552.45 Nutrient Reduction
Credits are being provided by the Bank.
3. The Sponsor has deducted 552.45 Nutrient Reduction Credits from the Bank's
credit ledger for HUC 03020204 of the Neuse River Watershed.
A copy of the Bank's Credit ledger reflecting the above transaction is attached to this Affidavit.
EBX Neuse 1, LLC
By.
' Kartin If Hivis)
rMiect Manager
(Tide)
Date: '/ — /,? —/z

AFFIDAVIT OF CREDIT SALE
TO: NORTH CAROLINA DEPARTMENT OF WATER QUALITY9 and
CITY OF HAVELOCK
The undersigned, EBX Neuse 1, LLC the Sponsor of the EBX Neuse Riparian Buffer Umbrella
Mitigation Bank (DWQ Number 08-1473), hereby certifies the following: (Rudolph DWQ
Number 2010-0408)
I Greenville Ready Mixed Concrete, Inc. has deposited monies with the Sponsor
sufficient to acquire 266.72 Nutrient Reduction Credits (pounds of Nitrogen) from
the Bank for use on its DPD Concrete — Lot 12 project, in Havelock NC, in HUC
03020204 of the Neuse River Watershed.
2. The DPD Concrete — Lot 12 project requires a total of 266.72 Nutrient Reduction
Credits as mitigation. Of this amount 266.72 Nutrient Reduction Credits are
being provided by the Bank.
3. The Sponsor has deducted 266.72 Nutrient Reduction Credits from the Bank's
credit ledger for HUC 03020204 of the Neuse River Watershed.
A copy of the Bank's Credit ledger reflecting the above transaction is attached to this Affidavit
EBX Neuse I, LLC
By: zi — J
'�n W. H;vii)
Project Manager
(Title)
Date: )— I/— I?