20080229 Ver 2_Mitigation Info_20090921

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FORREST CREEK STREAM MITIGATION BANK
TRANSFER OF CREDIT CERTIFICATE
Falls of Neuse Road Realignment and Widening
This document certifies and acknowledgment of Transfer of Stream Mitigation obligations,
executed by and between CITY OF RALEIGH, ("Purchaser") and EarthMark Mid-Atlantic
Midi ag tion, LLC a North Carolina limited liability company (`Banker") shall read as follows:
WITNESSETH
In consideration of the covenants and considerations recited herein, the parties agree as follows:
1. By signature of this Certificate, Banker agrees to the withdrawal of 472 stream credits from
Bank located in the Orange County, Neuse River Basin, and Cataloging Unit 03020201. The
identified number of referenced credits in this document represents the mitigation requirement for
the unavoidable stream impacts separately authorized by Section 404 and Section 401 of the
Clean Water Act which outlines the need to off-set approved impacts as set forth in the Unites
States Army Corp of Engineers (USACE) Permit 2008-01033, and the Department of Natural
Resources, Department of Water Quality (DWQ) permit U-4901. As a Permit Condition for
approval the USACE and/or DWQ acknowledges and agrees that use of credits from the bank
have been accepted and upon the presentation of this signed Transfer Certificate by Banker to
Purchaser, and the delivery to USACE/DWQ a copy of this Certificate of Transfer along with an
Official Credit Ledger, that all obligations with respect to the mitigation requirements, shall be
the sole responsibility of thee Banker as authorized by the Interagency Review Team (IRT)
pursuant to the Forrest Creek "Mitigation Banking Instrument" (MBI) dated January 2007.
2. Banker acknowledges that purchaser has,made Rill payment to the Forrest Creek Mitigation
Batik, and the mitigation obligations so transferred and the Bank Sponsors agrees to fulfill the
mitigation associates with the credit transfer.
3. Section 332.2(1) (3) of the Compensatory Mitigation For Losses of Aquatic Resources states:
`If use of a mitigation bank or in-lieu fee program is approved by tite district engineer to
provide part or all of the required mitigation for a DA permit, the Permittee retains the
responsibility for providing the compensatory mitigation: until the appropriate number and
resource and type of credit has been secured from the sponsor and the District Engineer has
received documentation that confirms that tite sponsor has accepted the responsibility for
providing the required compensatory mitigation. This documents must consist of a letter of
fora: signed by the sponsor with the permit number and an statement indicating the number
and resource type of credits hat been secured fore: the sponsor."
4. Pursuant to the "MBI" The Bank Sponsor must provide within 14 days of this document to
submit an annual ledger documenting credit releases and debits to the USACOE and the DWQ
for maintaining accurate records of credit transactions made from the bank for compensatory
mitigation .
5. Upon execution of this Certificate by Brinker, Banker shall forward an original of same to
USACE acknowledging and agreeing to the transfer of the cited mitigation obligations from
Purchaser to Banker and Banker does, by execution of this document, agree to comply with and
perform Purchaser's obligations for providing mitigation as set forth in USACE Permit Action ID
.2008-01033. Permit Condition, as offset by their purchase of 472 credits.

6. Banker hereby acknowledges the debit of 472 Credits from Official Banker Mitigation Bank
Credit Ledger.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the
dates written below their signatures. Signed, sealed and delivered:
BANKER-FORREST CREEK MTTIGATION BANK
EARTAMARK MID ATLANTIC MITIGATION, LLC, a Florida limited liability
comnanv
Print Name:
Date:
By: ?'
Print Name: h4j
Date• X --I -` Z

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