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Signed MBI for Buffer BankROY COOPER Governor ELIZABETH S. BISER 5ecretary RICHARD E. ROGERS, JR. Director TO: Richard E. Rogers, Jr Director NORTH CAROLINA Environmental Quality July 13, 2023 FROM: Katie Merritt Nutrient Offset & Buffer Banking Coordinator THROUGH: Stephanie Goss Supervisor — 401 & Buffer Permitting Branch SUBJECT: Division Approval of the Tobacco Road Mitigation Banking Instrument in the Haw River Subwatershed for Nutrient Offset and Riparian Buffer Mitigation Credits pursuant to the Jordan Lake Nutrient Management Strategy for Environmental Banc & Exchange, LLC The attached final Tobacco Road Mitigation Banking Instrument (MBI) between Environmental Banc & Exchange, LLC and the Division of Water Resources was placed on public notice and made available for public comments on June 27, 2023. The public comment period ended on July 11, 2023, and no comments were received on the draft MBI. DEQ Legal counsel assisted with and agrees with the final template for which all our MBI documents are drafted. DWR staff (Katie Merritt) has reviewed the attached final MBI and it is ready for your review. If you approve of the MBI, please sign on page 17 and return the document to Katie Merritt for final execution. AGREEMENT TO ESTABLISH THE RES TOBACCO ROAD MITIGATION BANKING INSTRUMENT IN THE HAW RIVER SUBWATERSHED FOR NUTRIENT OFFSET AND RIPARIAN BUFFER MITIGATION CREDITS PURSUANT TO THE JORDAN LAKE NUTRIENT MANAGEMENT STRATEGY III, IV V. TABLE OF CONTENTS PREAMBLE....................................................................... LOCATION AND GEOGRAPHIC SERVICE AREA ...... AUTHORITIES.................................................................. ESTABLISHMENT OF BANK PARCEL ......................... PRE -CONSTRUCTION DOCUMENTATION ................. ..................................... 2 ............................................ 2 ............................................ 3 ............................................ 3 ............................................ 5 POST CONSTRUCTION DOCUMENTATION FOR THE BANK PARCEL ................ 7 CALCULATION OF CREDITS ......................................... .................... ............ ............ 10 CREDIT RELEASE SCHEDULE.................................................................................... 12 PROCEDURE FOR DEBITING AND CREDITING...................................................... 13 BANK PARCEL CLOSURE............................................................................................ 15 GENERAL PROVISIONS FOR THE BANK PARCEL ................................................. 15 ATTACHMENTS A— Division of Water Resources Authority Document B — Delivered Credit Yield Table for Jordan Subwatersheds dated December 20, 2012 C — Ledger Templates D — Project Credit Table (template) References 1. Nutrient Offset Credit Trading Rule: htty://reDorts.oah.state.nc.us/ncac/title°/a2015a%20-%20environmental%20aual itv/chanter°/a2042°/`20 %20environmental%20management/subchapter%20b/ 15 a%20ncac%2002b%20.0703.pdf 2. Riparian Buffer Mitigation Rule: http-//reports.oah.state.ne.us/ncac/title°/Q2015a%a20-%20environmental°/a20quality/chaptcr%20d2%20- %20environmental%20management/subehapter%20b/ 15 a%20ncac%2002b%20.0295.12df 3. NC Session Law 2019-86 "Nutrient Offset Credits": https://www.ncleg.jzov/Sessions/2019/Bills/House/PDF/H812v3.Rdf 4. Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits {November 2019}: https://files.nc. gov/ncdegi\Vater%2OQuality/Surface%2OWater%2OProtection/401 /Mitigation/Issues--- Resol utions-V er-1.0-buffer-mitigation-nutrient-offset.pdf 5. NCDWR -- Methodology and Calculations for Nutrient Reduction on the Bank Parcel: htti)s://files.nc. eovincdea[Watee'%2OOualitvlPlanninE/NPU[Nutrient°/fl200ffset%2ORule/A e-Buffer- Credit.pdf I. PREAMBLE This RES Tobacco Road Mitigation Banking Instrument ("Instrument") regarding the establishment, use, operation, and maintenance of the Tobacco Road Nutrient Offset and Buffer Mitigation Bank Parcel ("Bank Parcel"), to provide Jordan Lake Riparian Buffer mitigation credits ("Riparian Buffer Credits") and Jordan Lake Nutrient Strategy nutrient load reduction credit ("Nutrient Offset Credits") is made and entered into by and among Environmental Banc and Exchange, 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 the 15A NCAC 02B .0703 and Consolidated Mitigation Rule 15A NCAC 02B .0295, which became effective on April 1, 2020 and November 1, 2015 respectively (References 1 and 2). The purpose of this Bank is: A. To restore, enhance and preserve riparian vegetation adjacent to mitigated streams with the intent to improve water quality, reduce nutrient loads, enhance flood attenuation and restore wildlife habitat along unnamed tributaries within the Haw River Subwatershed of the Jordan Lake Watershed. B. To convert agricultural land uses within riparian areas adjacent to mitigated streams into a dense and diverse, hardwood vegetated state with the intent to significantly reduce nutrient loadings associated with agricultural practices practices into streams. C. To provide buffer mitigation and nutrient offsets and sell any resulting Riparian Buffer Credits and/or Nutrient Offset Credits to third parties in the Haw River Subwatershed of the Jordan Lake Watershed, for development (both existing and proposed) or to offset NPDES-permitted wastewater nutrient sources requiring such mitigation or offset. 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 Haw River Subwatershed of Jordan Lake as defined in rule 15A NCAC 02B .0262. C. Sale or transfer of Riparian Buffer Credits shall be limited to the Haw River Subwatershed of the Jordan Lake Watershed, as defined in rule 15A NCAC 02B .0262, unless otherwise authorized by the DWR or delegated local government in accordance with 15A NCAC 02B .0295. D. Sale or transfer of delivered Nutrient Offset Credits shall be limited to Haw River Subwatershed of the Jordan Lake watershed, as defined in rule 15A NCAC 02B .0262 and in accordance with 15A NCAC 02B .0703, unless otherwise authorized by the DWR in accordance with Session Law (S. L.) 2019-86. 2 E. The following table provides site -specific details of the Bank Parcel proposed under this Instrument, which is within the Haw River Subwatershed of the Jordan Lake Watershed; Table 1.0 — Site -specific Retails Bank Parcel County 14-Digit USGS DWR Project Named Primary Land Use/s Name RUC Project # Location Receiving Stream Tobacco Road Alamance 03030002050040 2021-0536 35.973063, Motes Creek Combination of forested and -79.282234 non -forested areas used for livestock and row crop agriculture III. AUTHORITIES A. The Bank Parcel will be used to provide Riparian Buffer Credit and/or 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 Jordan Lake Nutrient Sensitive Waters Management Strategy. C. The selling of credits generated from the Bank Parcel approved under this Instrument, shall be consistent with approved State statutes and rules for the Jordan Lake Nutrient Sensitive Waters Management Strategy. D. Nutrient reduction activities and buffer mitigation activities proposed under this Instrument and corresponding Buffer Mitigation and Nutrient Offset Plan (Plan) to generate Riparian Buffer Credits and Nutrient Offset Credits shall be consistent with State statutes and rules for the Jordan Lake Nutrient Sensitive Waters Management Strategy that are in place at the time a complete Plan is submitted to DWR. IV. ESTABLISHMENT OF BANK PARCEL A. In accordance with 15A NCAC 02B .0295 and 15A NCAC 02B .0703, 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 Riparian Buffer Credits and Nutrient Offset 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 Riparian Buffer Credits and Nutrient Offset Credits. Table 2.0 below outlines when a Site Viability Letter was issued by DWR for the mitigation site proposed under this Instrument: Table 2.0 — Site Viability Letter Details Bank Parcel NC DWR Site Visit Viability Letter Received Viability Letter Expiration iration Date Tobacco Road August 11, 2021 September 24, 2021 Setptember 24, 2023 3 B. A valid Site Viability Letter is required prior to submittal of the Plan. Site Viability Letters will either expire on the dates listed in the table above or upon the submittal of an individual As -Built Report to the DWR, whichever comes first. If the Site Viability Letter expires prior to submittal of a complete Plan as described in Section V to DWR, then the Sponsor must submit a formal request to DWR for a new Site Viability Letter for that Bank Parcel. C. The Bank Parcel proposed for inclusion under this Instrument shall require a Plan be submitted to, and approved by, the DWR prior to use of the individual Bank Parcel for mitigation purposes or for any sale or transfer of any associated credits. The contents of the Plan are provided in Section V. D. This Bank Parcel is slated to be developed in conjunction with the RES Cape Fear Umbrella Mitigation Bank, and the Tobacco Road Mitigation Site, United States Army Corps of Engineers (USACE) Action ID # SAW-2021-00489, for stream mitigation. The Stream Mitigation Plan associated with this Bank Parcel has been submitted to the Interagency Review Team (IRT) for review and approval. E. The Plan submitted under this instrument will be placed on public notice and made available for public commenting for 15 calendar days. F. Most of the Riparian Buffer Credits on this Bank Parcel will be generated along stream channels that are proposed for stream mitigation. The Stream Mitigation Plan will be submitted under the RES Cape hear Umbrella Mitigation Bank referenced in "D" in this section. Additionally, all activities conducted within riparian buffers and adjacent riparian areas for purposes of generating Riparian Buffer Credits or Nutrient Offset Credits will be conducted in concurrence with stream mitigation activities and not before. Riparian Buffer Credit may be achieved through restoration, enhancement and preservation of DWR riparian buffers as they are defined in 15A NCAC 02B .0267, and other riparian areas allowed per 15A NCAC 02B .0295 (n) and (o) where applicable. Riparian Buffer Credits are only attainable if the width of the riparian areas is at least 20 feet from tops of banks along streams and ephemeral channels when measuring perpendicular and landward from tops of banks. Riparian Buffer Credits are attainable to a maximum of 200 feet from tops of banks of streams and ephemeral channels and a maximum of 50 feet from tops of banks of viable ditches. The viability potential of features to generate Riparian Buffer Credit is provided in the Site Viability Letter for the Bank Parcel and referenced in Table 2.0 of this Instrument. G. The Bank Parcel is intended to provide Jordan Lake Riparian Buffer Credit as follows: 1. Planting hardwood trees and shrubs on a Restoration Site as defined in 15A NCAC 02B .0295(b) adjacent to viable mitigated streams as allowed per 15 NCAC 02B .0295(n) and (o). 2. Maintaining a Preservation Site as defined in 15A NCAC 02B .0295(b) by placing a conservation easement around riparian areas adjacent to mitigated streams as allowed by 15A NCAC 02B .0295 (o). 3. Enhancing riparian areas that are being grazed by cattle by installing fencing to permanently exclude cattle from the mitigated streams and their associated riparian areas as allowed in 15A NCAC 02B .0295 (o)(6). Cl 4. Diffused flow will be maintained onsite to the maximum extent practicable. The Buffer Interpretation/Clarification Memo 42008-019 may be applied where maintenance of diffuse flow onsite is unattainable H. Nutrient Offset Credit may be achieved on this Bank Parcel through restoration of the riparian areas adjacent to mitigated streams, where agriculture was determined by DWR to be the predominant land use. Nutrient Offset Credits are only attainable if the width of the restored riparian areas are at least fifty (50) feet as measured perpendicular from tops of banks along viable streams. 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. The viability of features to generate nutrient offset credits is provided in the Site Viability Letter for the Bank Parcel and referenced in Table 2.0 of this Instrument. I. The Bank Parcel is expected to provide Nutrient Offset Credits in accordance with 15A NCAC 02B .0703 as follows: 1. Converting agricultural land uses within riparian areas to a diverse forest by placing a perpetual conservation easement around riparian areas along viable and mitigated streams in accordance with 15A NCAC 02B .0703 (g). 2. Planting hardwood trees and shrubs on a Restoration Site as defined in 15A NCAC 02B .0295(b) adjacent to viable and mitigated streams where agriculture has been determined by DWR to be the predominant land -use. J. The total area of riparian restoration activities on the Tobacco Road Bank Parcel is expected to be 43.01 acres. V. PRE -CONSTRUCTION DOCUMENTATION Buffer Mitigation and Nutrient Offset Plan A. The Tobacco Road Buffer Mitigation and Nutrient Offset Plan (Plan) 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 Plan must describe any changes that have occurred to the site between the date of the Site Viability Letter and the date the Plan is submitted to DWR. The Plan shall include detailed information consistent with the sections below concerning; 1) site location (I4-digitHUC 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 assurances; 6) associated buffer mitigation/nutrient offset credit calculations, which shall include credit generation, service area, and accounting as appropriate for each regulatory authority; 7) stream buffer determination letter from DWR, and 8) Site Viability Letter from DWR; 9) a figure depicting the proposed stream and wetland mitigation areas; 10) service area figure for each mitigation type proposed under this Instrument, and 11) all pertinent information including but not limited to permitting, bank stabilization, culvert removal, installation of any utilities indirectly or directly affecting the Bank Parcel, endangered or threatened species, presence of historical sites and an Environmental Data Resources (EDR) report to evaluate environmental risk associated with the land proposed for the Bank Parcel. 5 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 proposed construction within the streams, 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 for the Bank Parcel. All restoration and mitigation -related activities must be performed in concurrence with any stream and/or wetland mitigation activities and not before. D. Requests for deviation from the approved Plan must be submitted to DWR in writing. Written approval from the DWR must be received prior to implementing any deviation from the approved Plan. Property Disposition & Long -Term Management for the Bank Parcel E. Prior to the release of any credits, the Sponsor shall record permanent conservation easements at the Alamance County Register of Deeds' 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 Plan. 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 and USACE 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 and the USACE. 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 first credit release. 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 first credit release. A land trust must be certified under 501(c)(3) of the Internal Revenue Code. I. In the event 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 Plan. Financial Assurances for Bank Parcel Development J. Following approval of the Plan for the Bank Parcel, the Sponsor shall provide Performance/Maintenance Bonds from a surety company that is rated no less than an "A-" as rated by A.M. Best, to construct the sites according to the approved plans. It is the Sponsor's responsibility to confirm that the surety company is rated no less than an "A-" with each annual bond renewal. K. The amount of the Performance Bond shall be 100% of the estimated cost for implementation of the mitigation activities of the Bank Parcel as described in the approved Plan. No bond shall be less than S 150,000.00 to cover construction costs. L. Alternatively, in lieu of posting Performance Bonds, the Sponsor may elect to construct the projects prior to the first credit releases. 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 Buffer Mitigation & Nutrient Offset PIan Approved by DWR, Draft Stream/Wetland Mitigation Plan Approved by IRT, Conservation Easement Recorded and Assigned according to Item B (1) of Section X in this Instrument has been completed and approved by DWR* and Financial Assurance Posted 2. All Riparian Earthwork, Planting and Installation of Monitoring Devices Completed, Easement Boundaries are adequately marked, and all applicable permits obtained, stream and wetland mitigation activities completed and a site visit performed by DWR. 3. Monitoring Financial Assurance Posted and Approval of As -Built Report N. To comply with this section, DWR must be the Obligee on all performance bonds. VI. POST CONSTRUCTION DOCUMENTATION FOR THE BANK PARCEL As -Built Report A. The Sponsor agrees to perform all necessary work, in accordance with the provisions of this Instrument and corresponding Plan, to establish, maintain, and monitor Jordan Lake Riparian Buffers or other riparian areas until Item B (1) and (2) of Section X have been satisfied. B. Within 30 calendar days after completing the establishment of the buffer mitigation and nutrient offset areas, the Sponsor will submit written notification to DWR documenting that all buffer mitigation and nutrient offset activities have been completed per the approved Plan. Failure to submit written notification within 30 days may result in a modified credit release schedule or a delay in the issuance of credit releases. Notification shall include all the following: 1. Short summary of activities completed as required per the approved Plan; 2. Figures representing all riparian restoration, riparian enhancement and riparian preservation activities where applicable; 3. Figures representing location of all monitoring plots installed; 4. Detailed planting plan- including type of species planted, density of species planted, and any modifications to the planting plan from what was approved in the Plan; VJ 5. Description of how the conservation easement boundaries were marked; G. Any major changes to the conservation easement boundary or to the amount of Riparian Buffer Credits or Nutrient Offset Credits from what was proposed in the approved Plan. C. The Sponsor will submit an as -built plan and report for the Bank Parcel after completing the establishment of the buffer mitigation and nutrient offset areas and when all stream mitigation activities have commenced. The as -built report will describe any deviation from the approved Plan and will document the following: 1. Riparian restoration and planting details, invasive species control, confirmation of fence installation (where applicable), monitoring device locations, vegetation plot locations, photo point locations, as appropriate and confirmation that all boundary markers are installed. I Provide confirmation that the construction of all stream mitigation activities has been completed. 3. Boundary Survey of the conservation easement area, signed and sealed by a licensed surveyor, including an inventory of the final areas for riparian buffer mitigation and nutrient offset in both square feet and acres. 4. As -built map of the mitigation area showing where riparian restoration, riparian enhancement and/or riparian preservation was performed and any deviations to the Bank Parcel from what was approved in the Plan. 5. As -Built map of the stream mitigation areas. b. Aerial map of the mitigation area that was included in the approved Plan. Financial Assurance for Bank Parcel Monitoring and Maintenance D. After completion of the restoration/construction on the Bank Parcel, a Performance/Maintenance Bond will be secured for 100% of the estimated cost to implement the monitoring and maintenance plan as described in the approved Plan and As -Built Report applicable for the site. 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 rated no less than an "A-" with annual bond renewals. E. A Performance/Maintenance Bond shall be secured each year for a minimum of five years, and until DWR has released all Riparian Buffer Credits and Nutrient Offset Credits to the Bank Sponsor. No bond shall be less than $100,000 initially, to cover monitoring and maintenance costs. F. Once DWR has released 100% of all credits for completion of all Bank Parcel milestones described in Table 5.0 of Section VIII and in the corresponding Plan, the Bank Sponsor will be released from its performance obligations under the performance bond required in D and E of this Section. G. To comply with this section, DWR must be the Obligee on all performance bonds. 8 Monitoring and Maintenance Reports H. The Sponsor shall monitor the Bank Parcel as described in the Plan until such time as DWR determines that the performance standards described below have been met. The monitoring period shall be a minimum of five consecutive years. I. 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 or four (4) native hardwood tree and shrub 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 Plan for approval. Native hardwood tree volunteer species may be included to meet performance standards as determined by the DWR. J. A "stem" means a woody seedling, sapling, shrub or tree, no less than 10 centimeters in height and shall apply, on the Bank Parcel, to the minimum height that a planted tree or shrub shall be at initial planting. Volunteer sterns that are less than 10 centimeters shall not be quantified and included in the annual vegetation data included with the monitoring reports. K. If the performance standards of the vegetation are not met, supplemental Plantings may be 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 Plan. L. Monitoring Reports for Riparian Buffer Credit or Nutrient Offset Credit: Reporting criteria of the vegetation 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 on the date of acceptance of the Plan. 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. Vegetation data shall not be collected prior to late August of each year. This report will describe the conditions of the Bank Parcel, including an evaluation of the performance standards of the vegetation contained within the approved Plan. Reports shall contain the following: 1. A U.S. Geological Survey map showing location of the Bank Parcel; 2. A detailed narrative with supporting photos 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, vigor and height data 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; and S. Proof of performance bond renewal to cover the next monitoring year (if applicable) we Contingency Plans/Remedial Actions M. In the event the Bank Parcel fails to achieve the performance criteria described in this Instrument and the approved Plan, 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. V1I. CALCULATION OF 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) following the guidance provided in the Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits letter issued by the DWR, see reference # 4, including the most recent Project Credit Table Template provided online (see Attachment D). B. Riparian buffer restoration on the Bank Parcel, as described in 15A NCAC 02B .0295(n) and (o)(3) and defined in 15A NCAC 02B .0295(b) that is performed on agriculture lands within the Bank Parcel, may be used for either Riparian Buffer Credit or Nutrient Offset Credit, but not both. C. Riparian buffer preservation on the Bank Parcel, as described in 15A NCAC 02B .0295 (o) and defined in 15A NCAC 02B .0295 (b), can only be used for Riparian Buffer Credit. D. 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 E. The square footage of Nutrient Offset Credits on the Bank Parcel submitted under this Instrument will be determined by applying the applicable ratio as provided in 15A NCAC 02B .0295(m) for a Restoration Site following the guidance provided in the Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits issued by the DWR, including the most recent Project Credit Table Template provided online by DWR, see reference # 4 and Attachment D. All riparian areas proposed for Nutrient Offset Credits must be a minimum of 50 feet from the top of the stream banks on land noted in a Site Viability Letter as agriculture. F. Nutrient Offset Credits cannot be achieved through the preservation activities performed on this Bank Parcel. G. Nutrient Offset Credits cannot be achieved through the enhancement activities performed on this Bank Parcel that are generated under 15A NCAC 02B .0295 (o)(6). H. Nutrient Abatement of Restored Riparian Area/Buffers within landuse determined to be agricultural land: The Sponsor and DWR agree to the following: a. Pursuant to the Jordan Trading Rule Item 15A NCAC 02B .0273(2)(a), load reductions eligible for credit are only those that exceed reduction needs calculated by applying the strategy subwatershed percentage reduction goals as provided in 15A NCAC 02B .0262(5). For the Haw River Subwatershed, this requirement results in a reduction of credits yielded per acre for restored riparian buffers when compared with the credit given in other river basins. Table 3.0 below lists the generated credit per acre of restored riparian buffer for the Haw River Subwatershed. Table 3.0. Generated credit yields for forest buffer restoration in Haw River Subwatershed Credit Generated 1bs134 rslac Jordan Subwatershed Nitrogen Phosphorus Haw River 2,249.360 143.810 I. As required under Jordan Trading Item 15A NCAC 02B .0273 (2)(d)(i), the party seeking to sell credit must account for differences in instream nutrient losses between the location of the reduction need and excess loading reduction being delivered to the affected area of Jordan Lake. Attachment B produced the delivered Jordan Lake Total Nitrogen (TN) and Jorden Lake Total Phosphorus (TP) credit yields per acre of buffer restoration by each Jordan Lake 14-digit HUC subwatershed. b. Delivered credits are calculated by applying the delivery factors in Table 4.0 below and the acreage of riparian restoration to the generated credit yields from Table 3.0 above. The delivery factors for the Bank Parcel under this Instrument for Total Nitrogen (TN) and Total Phosphorus (TP) are provided in Table 4.0 below using Attachment B for reference. The amount of delivered credits for each Bank Parcel will be detailed in the Plan for the Bank Parcel. Table 4.0 - Delivery Factors Delivery Factors & 'Credit Conversion Ratio Bank Parcel TN TP Tobacco Road 80% 24.20689 square feet/pound 73% 414.93105 square feet/pound Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits letter issued by the DWR in November 2019 c. The Bank Sponsor shall report the pounds of nitrogen and phosphorus credit per acre of restored riparian buffer in the Bank Parcel's Plan for both credits generated at the site of the nutrient reduction activity and the credit delivered to Jordan Lake. J. The Sponsor and DWR agree the methodology and calculations for determining nitrogen and phosphorus reduction, associated with restoration of riparian areas as described in Section 1V of this Instrument, shall be fixed as part of the approval of this Instrument, with the fixed amount not changing during the Plan review or credit release schedule for the bank parcel. For further details on the approved method and calculations for determining nutrient reductions associated with the riparian restoration on this Bank Parcel refer to the NCDWR - Methodology & Calculations for Nutrient Reductions document found in reference # 5. 11 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 in Table 5.0. Table 5.0 - Credit Release Schedule for Riparian Buffer Credits and Nutrient Offset Credits % Credit Task Protect Milestone Available for sale Instrument and Buffer Mitigation & Nutrient Offset Plan Approved by 25 DWR, Draft StreamfWetland Mitigation Plan Approved by IRT, I Conservation Easement Recorded and Assigned according to Item B (1) o Section X in this Instrument has been completed and approved by DWR.* and Financial Assurance Posted All Riparian Earthwork, Planting and Installation of Monitoring Devices 20 Completed, Easement Boundaries are adequately marked, and all 2 applicable permits obtained, stream and wetland mitigation activities complete and a site visit performed by DWR. 3 Monitoring Financial Assurance Posted and Approval of As -Built Report 10 4 Monitoring Report #1. Approved by the DWR** & financial assurance 10 renewed 5 Monitoring Report #2. Approved by the DWR** & financial assurance to renewed 6 Monitoring Report #3: Approved by the DWR** & financial assurance 10 renewed 7 Monitoring Report #4. Approved by the DWR** & financial assurance 5 renewed Monitoring Report #5: Approved by the DWR** and final site visit by 10 S DWR has been conducted Total 100% * For specification, please see Section VIII in this Instrument ** DWR Approval provided upon a determination that the site is meeting performance standards contained within the approved Plan B. DWR may modify the credit release schedules 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. C. DWR may consider a Credit Release Schedule for a Bank Parcel based on the extent of change between current onsite conditions and proposed post construction conditions. D. The riparian buffer credits and nutrient offset credits for this Bank Parcel are contingent upon the Sponsor fully implementing the approved Plan for the site under this Instrument in concurrence with all stream and wetland mitigation activities proposed in the approved Stream and Wetland Mitigation Plan referenced in Item D of Section IV of this Instrument. 12 IX. PROCEDURE FOR DEBITING AND CREDITING Credit Ledgers A. The Bank Sponsor shall maintain a credit ledger for each mitigation type for the Bank Parcel under this Instrument, unless otherwise instructed by DWR in the approved Plan: Credit ledgers shall provide the accounting for Riparian Buffer Credit in square feet and acres and Nutrient Offset Credits in pounds and square feet. B. Each credit ledger shall be submitted on a separate 8 '/2 inch by 11-inch spreadsheet with legible font style and font size. The ledger shall be submitted using the templates provided in Attachment C of this Instrument or any updated versions to these templates as provided by DWR. Credit Processing C. Riparian Buffer Credits generated on this Bank Parcel will be used to provide mitigation for authorized buffer impacts within the Haw River Subwatershed of the Jordan Lake Watershed according to 15A NCAC 02B .0295(g). D. Nutrient Offset Credits generated on this Bank Parcel will be used to offset nitrogen and phosphorus nutrient loads within the Haw River Subwatershed of the Jordan Lake, in accordance with 15A NCAC 02B .0703. E. Available Riparian Buffer Credits (credits that have been released by DWR but not sold by the Sponsor) that are generated from riparian restoration on land designated as agriculture and meet criteria for nutrient offset credits as outlined in Section VII of this Instrument, the Site Viability Letter, and the corresponding Plan can be converted from Riparian Buffer Credits to Nutrient Offset Credits upon written approval from DWR. Once a credit has been converted to another credit type, the transaction is permanent, and the credit cannot be converted again. F. Available Nutrient Offset Credits (credits that have been released by DWR but not sold by the Sponsor) that are generated from riparian restoration within 0-100' from tops of banks and meet criteria for riparian buffer credits as outlined in Section VII of this Instrument, the Site Viability Letter, 15A NCAC 02B. 0295 and the corresponding Plan can be converted from Nutrient Offset Credits to Riparian Buffer Credits upon written approval from DWR. Once a credit has been converted to another credit type, the transaction is permanent, and the credit cannot be converted again. G. Riparian Buffer Preservation credits generated on this Bank Parcel are not transferrable into Nutrient Offset Credits. H. Credit conversions must be calculated using the guidance provided in the Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits letter issued by the DWR, see reference # 5. 13 I. The Bank Sponsor shall obtain written verification of buffer mitigation required from the delegated local government in the Haw River Subwatershed of the Jordan Lake Watershed or DWR prior to debiting Riparian Buffer Credits from the individual Bank Parcel. J. The Bank Sponsor shall obtain verification of nutrient offset need from a designated local government in the Haw River Subwatershed of the Jordan Lake Watershed or DWR, prior to debiting Nutrient Offset Credits from the Bank Parcel. K. All credit and debit transactions for the bank parcel under this Instrument shall be accurately depicted in the credit ledgers. The Bank Sponsor shall provide DWR up-to-date credit ledgers for the Bank by the tenth (101h) of each month. At a minimum and upon request, DWR shall receive a hard copy of updated credit ledgers along with the corresponding Mitigation Credit Transfer Certificates and all corresponding letters from the designated or delegated 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. 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 Credits and/or Nutrient Offset Credits, that will include, at a minimum, the following information: 1. Bank Details: (1) Bank Sponsor Name, (2) Bank Parcel as it appears in this Instrument, (3) DWR project number for the Plan as it appears in Table 1.0. 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, and (4 — when applicable) amount of phosphorus 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. Permitted Project Details: (1) project name and project number as it appears on DWR or local government permits and/or certifications, (2) 14-digit HUC, (3) the subwatershed within the Jordan Lake Watershed applicable to the project, (4-when applicable) nutrient strategy applicable to the project, (5 — when applicable) designated local government requiring Nutrient Offset Credits, and/or (6) DWR 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. 14 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 Riparian Buffer Credits or Nutrient Offset Credits left to sell. B. Bank Parcel Closure shall commence only after all of the following events have occurred: 1. Transfer or assign the conservation easement and all of 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. XI. GENERAL PROVISIONS FOR THE BANK PARCEL 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, or authorized representative of the Director of DWR, to enter the property containing the Bank Parcel. B. Amendments: This Banking Instrument may be amended or modified only with written approval of all signatory parties, including the USACE if it is applicable to the amendment. C. Any transfer of the Sponsor's rights or obligations outlined in this Instrument or any other 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 of 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 of the credits have been released according to the credit release schedule in Section VIII, then 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: 15 1. Site visits, 2. Issuance of Site Viability Letters, 3. Plan review and approval of items listed in Section V of this Instrument, 4. As -Built Report review, and approval of items listed in Section VI of this Instrument, 5. Monitoring Report review, and approval of items listed in Section VI of this Instrument, 6. Credit Ledger review and approval of items listed in Section IX of this Instrument, 7. Certificate review of items listed in Section IX of this Instrument and cross analysis to credit ledgers and, 8. 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. 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, electronic mail, return receipt requested, to the addresses set out below, or at such other addresses as specified by written notice delivered in accordance herewith. If to Bank Sponsor: Environmental Banc & Exchange, LLC Attention: Ms. Jamey McEachran 3600 Glenwood Ave. Suite 100 Raleigh, North Carolina 27612 Jamey McEachran jmceachran@res.us If to DWR: NC Division of Water Resources — 401 & Buffer Permitting Branch Attn: Nutrient Offset and Buffer Banking Coordinator 1617 Mail Service Center Raleigh, NC 27699-1617 1G7 L. Applicable Law: This Agreement shall be construed under the laws of the State of North Carolina. ENVIRONMENTAL BANC & EXCHANGE, LLC By: Jamey McEachran (Print) (Signature) Title: legulatory Manager Date: 6/27/2023 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY -DIVISION OF WATER RESOURCES By: _Richard E. Rogers, Jr._ (Print) �icl�a�r� bqa-J, j (Signature) Title: Director, Division of Water Resources Date: Julv 13. 2023 17 Updated Nutrient Offset Program & Buffer Mitigation Program 4/1/2020 MBI Authorities for Environmental Banc & Exchange, LLC effective 6/27/23 ATTACHMENT A Authorities pertaining to the Tobacco Road Mitigation Ranking 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 .0701 Nutrient Strategies Definitions 15A NCAC 02B .0703 Nutrient Offset Credit Trading 15A NCAC 02B .0295 Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers Jordan Buffer and Jordan Water SunnlV Nutrient Strate General Statutes and Session Laws: G.S. §143-214.5 Water Supply Watershed Protection) S.L.2013-395 S.L.2012-201 S.L.2012-200S.L.2012-187 S.L.2009-21f S.L.2009-484 S.L. 2006-259 (Section 31(a)) S.L.2005-190 S.L. 1999-329 (part of G.S. 143B-282) Administrative Rules: 15A NCAC 2B .02b2 Purpose and Scope 15A NCAC 2B .0263 Definitions 15A NCAC 2B .02b4 Agriculture 15A NCAC 2B .02b5 Stormwater Management for New Development 15A NCAC 2B .0267 Jordan Water Supply Nutrient Strategy: Protection of Existing Riparian Buffers 15A NCAC 2B .0270 Wastewater Discharge Requirements 15A NCAC 2B .0271 Stormwater Requirements for State and Federal Entities 15A NCAC 2B .0272 Fertilizer Management 15A NCAC 2B .0273 Options for Offsetting Nutrient Loads Jordan Water Supply Nutrient Strategy I Updated Delivered Credit Yield Table for Jordan Sub Watersheds 12/20/2012 Attachment B Delivered credit yields for buffer acres in Jordan small watersheds. Jordan Delivery Factors TIC Credit TP Credit Watershed ID Subwatershed TN TP (Ibs/30yrs) (Ibs/30yrs) 03030002010010 Haw 25% 10% 562.34 14.38 03030002010020 Haw 37% 36% 832.26 51.77 03030002010030 Haw 44% 40% 989.72 57.52 03030002010040 Haw 49% 44% 1102.19 63.27 03030002010050 Haw 55% 48°% 1237.15 69.03 03030002020010 Haw 15% 4% 337.40 5.75 03030002020020 Haw 22% 12% 494.86 17.26 03030002020030 Haw 48% 43% 1079.69 61.84 03030002020040 Haw 32% 33% 719.80 47.46 03030002020050 Haw 32% 32% 719.80 46.02 03030002020060 Haw 47% 42% 1057.20 60.40 03030002020070 Haw 54% 47% 1214.66 67.59 03030002030010 Haw 60% 56°% 1349.62 80.53 03030002030020 Haw 44% 31% 989.72 44.58 03030002030030 Haw 25% 8% 562.34 11.50 03030002030040 Haw 42% 30% 944.73 43.14 03030002030050 Haw 64% 62°% 1439.59 89.16 03030002030060 Haw 39% 19% 877.25 27.32 03030002030070 Haw 36% 18% 809.77 25.88 03030002030080 Haw 73% 64% 1642.04 92.04 03030002040010 Haw 30% 14% 674.81 20.13 03030002040020 Haw 28°% 14% 629.82 20.13 03030002040030 Haw 71% 63% 1597.05 90.60 03030002040040 Haw 32% 15% 719.80 21.57 03030002040050 Haw 52% 50% 1169.67 71.90 03030002040060 Haw 54% 51% 1214.66 73.34 03030002040070 Haw 67% 60% 1507.07 86.28 03030002040080 Haw 53% 51% 1192.16 73.34 03030002040090 Haw 54% 51% 1214.66 73.34 03030002040100 Haw 75% 65% 1687.02 93.47 03030002040110 Haw 66% 60% 1484.58 86.28 03030002050010 Haw 74% 68°% 1664.53 97.79 03030002050020 Haw 81% 74% 1821.98 106.42 03030002050030 Haw 42% 17% 944.73 24.45 03030002050040 Haw 80% 73°% 1799.49 104.98 Page 1 of 2 Jordan Water Supply Nutrient Strategy I Updated Delivered Credit Yield Table for Jordan Sub Watersheds 12/20/2012 Jordan Delivery Factors TN Credit TP Credit Watershed ID Subwatershed TN TP (lbs/30yrs) (Ibs/30yrs) 03030002050050 Haw 71% 67°% 1597.05 96.35 03030002050060 Haw 79% 73% 1777.00 104.98 03030002050070 Haw 78% 72% 1754.50 103.54 03030002050080 Haw 80% 73% 1799.49 104.98 03030002050090 Haw 79% 73% 1777.00 104.98 03030002050100 Haw 81% 75°% 1821.98 107.85 03030002060010 Haw 81% 74% 1821.98 106.42 03030002060020 Haw 95% 97% 2136.90 139.49 03030002060030 Haw 88°% 91% 1979.44 130.86 03030002060040 Haw 97% 98% 2181.88 140.93 03030002060050 Haw 92% 95% 2069.41 136.61 03030002060062 Haw 98% 99% 2204.38 142.37 03030002060070 UNH 40% 19% 867.70 27.32 03030002060080 UNH 59% 45% 1279.86 64.71 03030002060100 UNH 69% 63% 1496.79 90.60 03030002060110 UNH 61°% 58% 1323.25 83.41 03030002060120 UNH 69% 63% 1496.79 90.60 03030002060140 UNH 85% 89°% 1843.87 127.99 03030002060130 UNH 69% 63% 1496.79 90.60 03030002060160 LNH 85% 90% I 1932.07 131.76 03030002060090* UNH 92% 94% i 1995.71 135.18 03030002060090 LNH 92% 94/o I 2091.18 137.62 03030002060060* UNH 94% 96% 2039.10 138.05 03030002060060* LNH 94% 96% 2136.64 140.54 03030002060150* UNH 88% 91% 1908.94 130.86 03030002060150* LNH 88% 91% 2000.26 133.22 *Watershed is located in both the Upper New Hope (UNH) and Lower New Hope (LNH) Subwatersheds. Page 2 of 2 ATTACHMENT C *Credits shown below are only for mitigation credits approved by the UMBI, BPDP, and As -Built. (Sponsor Name & Instrument Name) (Parcel Name w/ HUC #) Buffer Restoration Credit Ledger Date Last Updated: DWR Bank Parcel Project #: Total Credits Released To Date: Sale/ Release Date Purchaser or % Credit Release Project w/ HUC # Credits Released/Available to Bank Credits Debited/Sold From Bank Buffer Credit Balance Gov't Requiring Square Feet Acres Square Feet Acres SquareAcres Feet ATTACHMENT C *Credits shown below are only for mitigation credits approved by the UMBI, BPDP, and As -Built. (Sponsor Name & Instrument Name) {Parcel Name wl H U C #) Buffer Preservation Credit Ledger Date Last Updated: DWR Bank Parcel Project #: Total Credits Released To Date: Sale/ Release Date Purchaser or % Credit Release Project wl HUC # Credits Released/Available to Bank Credits Debited/Sold From Bank Buffer Credit Balance Gov't Requiring Square Feet Acres Square Feet Acres SquareAcres Feet ATTACHMENT C *Credits shown below are only for mitigation credits approved by the UMBI, BPDP, and As -Built. (Sponsor name & Instrument name) (Parcel Name w/ HUC #) Nitrogen Credit Ledger Date Last Updated: DWR Bark Parcel Project #: Total Credits Released To Date: Sale/ Release Date Purchaser or % Credit Release Project w/ HiJC # Credits Released/Available to Bank Credits Debited/Sold From Bank Nutrient Credit Balance Gov't Requiring Poundsof Nitrogen Square Feet Poundsof Nitrogen Square Feet Poundsof Nitrogen Square Feet ATTACHMENT C *Credits shown below are only for mitigation credits approved by the UMBI, BPDP, and As -Built. (Sponsor name & Instrument name) (Parcel Name w/ HUC #) Phosphorus Credit Ledger Date Last Updated: DWR Bank Parcel Project #; Total Credits Released To Date: Sale/ Release Date Purchaser or % Credit Release Project w� HUC # Credits Released/Available to Bank Credits Debited/Sold From Bank Nutrient Credit Balance Gov't Requiring Pounds of Nitrogen Square Feet Pounds of Nitrogen Square Feet Pounds of Nitrogen Square Feet APPENDIX D Table 1. [INSERT PROJECT NAME], [INSERT PROJECT NUMBER], Project Credits CapeFear- Jordan Haw 03030002050040 Project Area N Credit Conversion Ratio (ft 2/pound) P Credit Conversion Ratio (ftz/pound) 24.20689 414.93105 Credit Type Location Subject? tenter NO if ephemeral or � ditch ] Feature Type Mitigation Activity Min -Max Buffer Width (ft) Feature Name Total Area (ftx} Total (Creditable) Area of Buffer 2 Mitigation (ft } Initial Credit Ratio (x:l) % Full Credit Final Credit Ratio (x:l) Convertible to Riparian Buffer? Riparian Buffer Credits Convertible to Nutrient Offset? Delivered Nutrient Offset: N (Ibs) Delivered Nutrient Offset: P (Ibs) Totals (ft2): Total Buffer (ft2): Total Nutrient Offset (ft2): ❑ 0 0.000 0.000 ❑.❑❑o 0 0 0 N/A Enter Preservation Credits Below Credit Type I Location Total Ephemeral Area (ft) for Credit: Total Eligible Ephemeral Area (ftz): Total Eligible for Preservation (ft 2): Subject? Feature Type Mitigation Activity Min -Max Buffer Feature Name Width (ft) Preservation Area Subtotals (ftz): TOTAL AREA OF BUFFER MITIGATION (TABM) Mitigation Totals Square Feet Credits Restoration: 0 0.000 Enhancement: 0 0.000 Preservation: 0 0.000 Total Riparian Buffer: 0 0.000 TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals Square Feet Credits Nutrient Offset: Nitrogen: fl 0.000 Phosphorus: 0.000 1. The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 02B .0250 (5)(a). 0 ❑ ❑ 0.0% 0 0.0% Total Area (sf) Total (Creditable) Area for Buffer Mitigation (ftZ} ❑ 0 Ephemeral Reaches as % TABM Preservation as % TABM Initial Credit Full Credit I I Final Credit I Riparian Ratio (x:l) Ratio (x:1) Buffer Credits last updated 08/03/2020