HomeMy WebLinkAbout20080229 Ver 1_Stream Credit Ledger_20120924EBX -EM, LLC FORREST CREEK MITIGATION BANK
FORREST CREEK STREAM CREDIT LEDGER
8/2412012
Corps Action ID Number: 2005 -21199
Transaction Credits Released Credits Debited
Number to Bank from Bank
Cuneat Credit
Balance
Contract
Purchaser Project Date Closino Date
1
1,656.00
1656.00
Credit Released
7/16/2008
2
238.00
1418.00
Trackside Partners
racksideMlla es of x
7/28108
3
518.00
900.00
Morrisville Partners
Morrisville Partners/Park West Villa a
08
4
88.00
812.00
Mercu Develo ment
JWendal Falls/Me Development
11/24108
5
1,056.00
1868.00
Credit Released
4/2 2009
6
718.00
2586.00
Credit Released
15
2009
7
698.00
1888.00
Town u ua - arina
own Fu ua - Varina
7/22/09
8
3.
00.00
own x
Town x
2 09
9
165.00
1335.00
Summerwin antatoin LC
Summerwind Plantation, LLC
8/26/09
10
406.00
929.00
Susan Fox Beisher
Rose o Sharon- Susan Fox isher Svcs
9/11/09
11
472.00
457.00
C' o Raleigh
Cl of Raleigh
9/22/09
12
1,767.00
2224.00
Credit Released
2010
13
406.00
1818.00
City of Raleigh
ICity of Raleigh - Poplar Creek
8/9/10
14
1,091.20
726.80
Johnston Cou Airport Authority
lJohnston County Airport Authority
11/18/10
15
187.00
539.80
f-dw o Ralei h
C o Ralef h - PubliC Utilities De t
1/4111
16
707.00
1246.80
Credit Released
1/19/2011
17
331.00
915.80
City of Ralei h
My of Raleigh- Neuse Trail Greenwa
5/2/11
18
54 .00
374.80
City of Raleigh
o Raleigh - Crabtree Wastwater
9/22/11
19
1
xS 1444- Lufk n Road
-9726 1
20
707.00
899.80
Credits
Released
11/26111-
21
159.00
740.80
US Food Services, Inc.
US Food Services Zebu n an n
2
22
326.00
414.80
City of Durham
rver Street Extension
3 15 2
23
95.00
319.80
Herita a East Develo re
Stone Property
15/2012
912
24
98.00
221.80
Withers & Ravenel John Wieland Homes
John Wieland Homes 4RI,,w Run Phases 4 a 5
0 201 1
9/24/12
Total
6,611.000
6,389.20
221.80
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`i ii, bvfi dust' in Cade �
AFFIDAVIT OF CREDIT SALE
FORREST CREEK STREAM MITIGATION BANK
NEUSE 01
The undersigned, EBX -EM, LLC, the Sponsor of the Forrest Creek Stream Mitigation Bank (the
"Bank "), hereby certifies the following:
1. WITHERS & RAVENEL, INC. has deposited monies with the Sponsor sufficient
to acquire 98.00 stream mitigation bank credits /units (the "Credits ") from the
Forrest Creek Stream Mitigation Bank for use on its John Wieland Homes -River
Run Phases 4 & 5 project (DWQ Project #04 -0544 and SAW- 2009 - 01115).
2. The John Wieland Homes -River Run Phases 4 & 5 project requires a total of
98.00 Stream Mitigation Credits in HUC 03020201 as part of its mitigation
requirements. Of this amount 98.00 Credits are being provided by the Forrest
Creek Stream Mitigation Bank Site.
3. This sale is complete and the Sponsor
Credits from the Bank's Official Credit
Mitigation Bank Site.
has deducted 98.00 Stream Mitigation
Ledger from the Forrest Creek Stream
A copy of the Forrest Creek Stream Mitigation Site Credit Ledger reflecting the above
transaction as complete will be provided to State and Federal Regulatory Agencies.
EBX -EM, LLC kiz-
Matthew By: Aaa Fisher, Authorized Agent
Date: 09/24/2012
Copies will be sent to:
Monte Matthews, Regulatory Project Manager, US Army Corps of Engineers
Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587
AFFIDAVIT OF CREDIT SALE
FORREST CREEK STREAM MITIGATION BANK
NEUSE 01
The undersigned, EBX -EM, LLC, the Sponsor of the Forrest Creek Stream Mitigation Bank (the
"Bank "), hereby certifies the following:
HERITAGE EAST DEVELOPERS, INC. has deposited monies with the Sponsor
sufficient to acquire 95.00 stream mitigation bank credits/units (the "Credits ")
from the Forrest Creek Stream Mitigation Bank for use on Stone Property
project DWQ Project #12 -0519 and SAW- 2008 - 00746.
2. The STONE PROPERTY project requires a total of 95.00 Stream Mitigation
Credits in HUC 03020201 as part of its mitigation requirements. Of this amount
95.00 Credits are being provided by the Forrest Creek Stream Mitigation Bank
Site.
3. This sale is complete and the Sponsor has deducted 95.00 Stream Mitigation
Credits from the Bank's Official Credit Ledger from the Forrest Creek Stream
Mitigation Bank Site.
A copy of the Forrest Creek Stream Mitigation Site Credit Ledger reflecting the above
transaction as complete will be provided to State and Federal Regulatory Agencies.
EBX -EM, LLC
By: A444
Matthew Fisher, Authorized Agent
Date: 08/29/2012
Copies will be sent to:
Monte Matthews, Regulatory Project Manager, US Army Corps of Engineers
Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587
Katie Merritt, Environmental Compliance Specialist & Nutrient Offset Coordinator
Wetlands & Stormwater Branch DWQ 401 Oversight/Express Review Unit 1650 Mail Service Center,
Raleigh, NC 27699 -1650
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW - 2009-01115 County: Wake U.S.G.S. Quad: NC-WAU FOREST
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: John Weiland Homes and Neighborhoods Address: 101 Quail fields Court
of NC Morrisville. NC. 27560
A¢ent: John Lowrance
Size and location of property (water body, road name/number, town, etc.):. Phases 4 & 5 River Run Subdivision.
Approximately 02 miles east of intersection Falls of Neuse Road and Tabriz Point. Lattitude 35.9296775343423 Longitude -
7 &5780768853131
Description of projects area and activity: Construction of the final phases of River Run subdivision. The phase required the
discharge of fill within 49 feet of stream that exhibited important aquatic function. 98linear feet of mitigation credits fm-m
Forrest Creek Mitigation Bank were proposed as mitigation.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: 29
SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submittal application and attached information dated April 18, 20111 Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or
appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone (919) 733 -1786) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of-Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact James Sh" at 919 - 554 -4884 ext. 31.
Corps Regulatory Official Vl1 "ft- _ Date: September 19, 2011
Expiration Date of V
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit hhtp:// per2 ,nwp.usace.army.mil /survey.html to complete the survey
online.
Copy Furnished:
ECC: Troy Beasley, Withers and Ravenel Inc.
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWAx33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis For Determination
The site exhibits an ordinary hieb water mark and wetland criteria as defined in the 1987 Corps Wetland Delineation Manual
and appropriate Resional Supplement.
Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. and C.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: James Shern
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 11/21/11.
$ *It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence."
Corps Regulatory Official: am& q. )�
Date 7/1 / Expiration Date
1 it a
.M
Beverly Eaves Perdue
Governor
Mr. John Lowrance
AAA
Nm�
North Carolina Department of Environment
Division of Water Quality
Coleen H. Sullins
Director
October 9, 2009
John Wieland Homes and Neighborhoods of NC
101 -A Quail Fields Court
Morrisville, NC 27560
and Natural Resources
Dee Freeman
Secretary
DWQ Project # 04 -0544, Ver. 3
Wake County
Subject Property: River Run Subdivision — Phases 4 and 5 - MODIFICATION
Ut to Neuse River [030402, 27 {22.5), C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions - REVISED
Dear Mr. Lowrance:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 230 linear feet of permanent, perennial stream (181 linear feet previously
permitted and mitigated for), 221 linear feet of permanent, intermittent stream impacts, and 11,247 square
feet of Zone 1 Neuse River basin protected riparian buffer (5,269 square feet previously authorized), and
27,099 square feet of Zone 2 Neuse River basin protected riparian buffer (21,141 square feet previously
authorized), as described in your application dated Match 17, 2009, and received by the DWQ on March
17, 2009, for a modification to an existing 401 Water Quality Certification issued on April 21, 2004, to
construct a residential development at the site. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705). The
Certification(s) allows you to use Nationwide Permit(s) NW29 when issued by the US Army Corps of
Engineers (USACE). This Certification replaces the Certification issued to you on October 5, 2009.
This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian
buffers per 15A NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Control, and Non - discharge regulations. Also, this approval to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application shall expire
upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 oversight) Tess Review Penrdng Unit e
1850 bail Service Center, Raleigh, North Caroline 27699.1650 � Caro]lna
Location. MI Phone: 919. 73317861 FN(: 919-733-h
1 733. 9 3 C atllra!!�
Internet hd; rJf a2o.enr.state.ncus/ncwetiandsl
An Errual Opporlumb %Atfimom Adion En
John Wieland Homes -
Page 2 of 4
October 9, 2009
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact
Amount Approved nits
Plan Location or Reference
Stream - perennial
230 [(linear feet) IS I linear feet
previously permitted and mid for
Application
Stream - intermittent
221 Oinear feet
Application
Buffers Zone 1
11,247 [(square 8.) 5,269 square feet
previously authorized
Application
Buffers Zone 2
27,099 [(square ft.) 21,141 square feet
areviously authorized
Application
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis- equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project;
5. Diffuse Flow
IV
John Wieland Homes
Page 3 of 4
October 9, 2009
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non - erosive velocities through the protected stream buffers such that it will not re- concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities;
7. Stormwater Management Plan Implementation Procedures (No Further Approval Needed)
• The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SMP, including the signed and notarized Operations 8t Maintenance
Agreement, as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
Mi ' lion•
8. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We understand
that you wish to make a payment to the Wetlands Restoration Fund administered by the NC
Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP
receives and clears your check (made payable to: DENR — Ecosystem Enhancement Program Office),
no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at
(919) 716 -19215 if you have any questions concerning payment into a restoration fund. You have 60
days from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the
following compensatory mitigation requirement:
Type of Impact
Com—pensatory Mitigation Required
River and Sub -basin Number
Stream ial)
49 linear feet
Neuse/03020201
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
John Wieland Homes
Page 4 of 4
October 9, 2009
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter I SOB of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699 - 6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919- 733 -1786.
T ly,
Coleen H. Sullins
CHS /cbk/Ym
Enclosures: GC3705
Certificate of Completion
NC DWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Todd Preuninger, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511
Mm u: 04N"Ver3RhwRooMPAasudAnOMake)01 NBR MOD Revised
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
North Carolina Division of Water Quality
401 Water Quality CerdlOeadon
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. John Lowrance of John Wieland Homes and Neighborhoods of NC,
have permission to fill or otherwise impact 230 linear feet of permanent, perennial stream (IS I linear feet previously
permitted and mitigated for), 221 linear feet of permanent, intermittent stream impacts, 98 linear feet of temporary
stream impacts, and 11,247 square Beet of Zone 1 Neuse River basin protected riparian buffer (5,269 square feet
previously authorized), and 27,099 square feet of Zone 2 Neuse River basin protected riparian buffer (21,141 square
feet previously authorized) associated with the construction of Phase 4 and 5 of the River Run residential
development located approximately one -half mile east of the intersection of Falls of the Neuse Road and Falls
Management Center Road, in Raleigh, Wake County, North Carolina. All activities associated with these authorized
impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME
River Run 9FAlls Landing)
DWQ PROJECT #:
20040544, Ver. 3
LOCATION:
Raleigh
COUNTY
Wake
BASIN/ SUB BASIN
Neuse/03020201
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one - quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts
I Mitigation
49 Linear Feet of Perennial Stream
149 Linear Feet of Perennial Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 28.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699 -1652
(919) 716 -1921
Filarame: 040544Va3RivaRudDPhases4AndS (Wake)401 N401fr-th-Caroiina BRMOD EEP
401 OvsrsightlExpress Review Penrdtting Unit
1650 that Service Center. R94h, North Cemft 27699.1650
Phone: 9919- 733 -17961 FAX 91P334M awally
Internet http11h2o.enr.state.nc us1bow ands)
An Equal O"Wniry 1 Mod* Acton Employer
r31WR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eares Pardue Chwtes Waldld, PE Ow f=reeman
Cknew Direw Se(xe"
August 27, 2012
DWQ Project # 12 -0519
Wake County
Heritage East Developers, Inc.
Attn: Andy Ammons
10405 Ligon Mill Road, Suite G
Wake Forest, NC 27587
Subject Proper1r. Stone Property
Sanford Creek 1030402,27-23-5. C; NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer
Protection Rates (15A NCAC 2B .0233) with Additional Conditions
Dear Sir.
You have our approval, in accordance with the attached conditions and those listed below, to fill or otherwise
impact 95 linear feet of perennial stream channel (permanent impacts), 4,958 square feet of Zone I of the reuse
River basin protected riparian buffer, and 2,737 of Zone 2 of the Neuse River basin protected riparian buffer for a
residential subdivision, as described in your application dated May 25, 2012 and received by the Division of
Water Quality (DWQ) on May 31, 2012 and additional information received August 2, 2012 and August 22,
2012. After reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Numbers) 3890 (60890). The Certification(s) allows you to use Nationwide Pemit(s) NW29
when issued by the US Army Cotes of Engineers (USACE). This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 1 SA NCAC 28.0233. In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with
your project including (but not limited to) Erosion and Sediment Control, and Notrdischarge regulations. Abe,
this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 Permit.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application. if the property is sold, the new owner
must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland or ISO linear, feet of
stmun, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval
requites yvu to follow the conditions listed In the attached certification and any additional conditions listed
below.
0&1
Han caratm Oiwslon orwaw Quatily Raleigh Reg MW Office 8080e Yaw Protection Phoro (910) 701.6200 Cuatixeer8erv1Ce
lntelhat www navetargaawAn 192E M83 SONIC* Ceder Relerph. NC 218991920 FAX (910) 78&7169 E77.8234748
An EQudt 0PpotdudiylAftW4 W Ad m Emp!oyw - 50% Regde*Jo% Pest Consumer Paper
Page 2
The Additional Conditions of the Certification ante:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification (or isolated Wetland Permit) are met. No other impacts are approved including
incidental and/or temporary impacts:
mw of Im M
Amount roved nits
Plan Location or Reference
Streams • Perennial
95 linear feet anent ' act
PCN page 5 of l I
Buffm Zone ]
4,958 Lquare feet p=iantnt impW
PCN page 6 of ] 1
Buffers Zone 2
2,737 unto feet anent JmWA I
PCN me 6 of l 1
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards, ,statutes,
or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect
surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. Ile design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most went version of the
North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased
borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. if placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis- equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed and
the natural grade restored within two (2) months of the date that the Division of Land Resourm or locally
delegated program has released the project.
Page 3
5. Compensatory Mitigation
We understand that you have agreed to provide stream mitigation for the proposed residential subdivision,
and associated 95 linear feet of permanent stream impacts, by payment into a mitigation bank. This method
of mitigation has been determined by DWQ to be suitable to meet the mitigation requirement. A total of 95
linear feet of mitigation is required by DWQ. This will be mitigated through payment to the EBX Forrest
Creek Stream and Riparian Buffer Mitigation Bank to meet this mitigation requirement. Until EBX -EM,
LLC (EBX) receives and clear your check, impacts specified in this Authorization Certificate shall not
occur. EBX should be contacted if you have any questions concerning payment into these banks. You
have 60 days from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into EBX to meet the following compensatory
mitigation requirement:
6. Stormwater Management Plan (SMP) Approval From Wake County Required
You arc required to provide one copy of the approved SMP, including plan details on full -sized plan
sheets, with proof of the Wake County's approval. The approved SMP must be submitted to the DWQ
Webscape Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650) before any impacts authorized in
this certification occur. The following requirements also apply:
• The approved SMP must be constructed and operational before any permanent building or other
structure is occupied at the site.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the Wake County. A copy of
the approval letter and the rnodified SMP must be submitted to the DWQ Webscape Unit prior to the
commencement of the modifications.
7. Diffuse Flow Plan Approval Required
A final, written diffuse flow plan for this project, including Level Spreader - Vegetated Filter Strip (LS-
VFS) Supplement Form for each proposed LS-VFS and all required items at the scales specified in the
Required Items Checklist, shall be submitted to the DWQ Webscape Unit (1650 Mail Service Center,
Raleigh, NC 27699 -1650) for review and approval. Diffuse flow must be addressed at every outfall
where a stormwater BMP has not provided a minimum of 30'% removal oftotal nitrogen and total
phosphorus. The diffuse flow plan must be designed in accordance with the version of the 401
Stotmwater Requirements on the place of the date of the submittal and must be approved by the DWQ
before any impacts may occur. Before any future permanent building, the diffuse flow plan as approved
by the DWQ must constructed and operational.
8. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing (or
similar high visibility material) for the areas that have been approved to infringe within the buffer,
wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H, Section
.0500.
Page 4
a
9. Certificate of Completion
Upon completion of all %rock approved within the 401 Water Quality Certification or applicable Buffer
Mules, and any subsequent modifications, the applicant is required to return the attached certificate of
completion to the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe), North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to
waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the
404 or CAMA Permit.
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition fora from the Office of Administrative licarings. You must file the
petition with the Office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is
considered filed when it is received in the Office of Administrative Hearings during normal office hours. 'lire
Office of Administrative Hearings accepts filings Monday through Friday bet%%ven the hours of 8:00am and
5 :00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the
Office of Administrative Hearings.
The petition may be faxed - provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is.
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 276994714
Telephone: (919)-431 -3000, Facsimile: (919)-431-3 100
A copy ofthe petition must also be served on DENR as follows:
William Cary, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699.1601
Unless such a petition is filed, this Certification shall be final and binding.
Page 5
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and
the Neuse River basin riparian buffer protection rule as described within I SA NCAC 2B .0233, If you have any
questions, please telephone Lauren Witherspoon, at 919 -791 A251.
ly,
Opt
Danny mith
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosures: GC 3890
Certificate of Completion
cc: DWQ Central Office — WeBSCaPe —1650 Mail Service Center
RRO File Copy
Bob Zarzeck] — S &EC,11010 Raven Ridge Road, Raleigh, NC 276I4
M mm, 124519 StM h"edy 401 NBkAppwM
4-
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2008-00746 County: eke U.S.G.S. Quad: NC- ROLESVILLE
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Herita¢e East Develoners. Inc. en : Soil & Environmental Consultants. PA
Andy Ammons . Nicole Thomson
Address. 10405 UP= Mill Rd. Address: 11010 Raven Ridge Road
Suite G
Wake Forest. NC, 27587 Raleigh, NC, 27614
Size and location of property (water body, road nametnumber, town, etc.): The Stone property is approximately 20
acres located adincent to the existing Heritage East subdivision on Rogers Rd. near Wake Forest. Wake County
North Carolina. Aquatic features on site drain to Sanford Creek in the Neuse River basin Latitude 35.9347
Longitude - 78.4788
Description of projects area and activity: This permit verification allows for 95 linear feet of permanent impacts to a stream
channel exhibiting important aquatic function for the construction of a road crossing and subsequent phase four of the
Heritage East develogment. Kigp,962n is Aired for this r 1. --
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 29 Residential Developments
SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS.
Your work is authorized by the above referenced permit provided it is accomplished In strict accordance with the attached
conditions and your submitted application and attached information dated May 25, 2012. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or
appropriate legal action.
Tbis verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the tennis and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discmdonery authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone (919) 733 -1786) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact James Lastinger, Regulatory Specialist at 919 - 5544884 ext 32.
Corps Regulatory Officialr,Y Date: June 15. 2012
Expiration Date of Veri& tion: June 15.2014
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit htto•/ r2 n nsace army mil /survey 1 to complete the survey
online.
Copy Furnished: see above
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. ❑ There are Navigab]e Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of theRivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis For Determination
Established O]slwM
Remarks
This iurisdictlonal determination is only for the waters proposed for impacts associated with this Nationwide Permit and does
not include any other waters/wetlands that may be located on the property.
Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps, Clean Water Act jurisdiction for the particular site
identified in this request. The delincation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office ofthe Natural Resources Conservation Service, prior to starting work.
F. Appeals information (This information applies only to approved jurisdictional determinations as indicated In B and C
above).
This correspondence constitutes an approved jurisdictional determination for the above described site. Ifyou object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) farm. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer "
60 Forsyth Street SW, Room 1OM15
Adanta, Georgia 30303 -8801
Phone: (404) 562 -5137
In order for an RPA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 33 1.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by August 15, 2012.
••It is not necessary to submit arf RFA form to the Division Office if you do not object to the determination in this correspondence"
Corps Regulatory Official:
Date: June 15, 2012 V Expiration Date: June I5.2014
Copy famished:
N01111 A FION 01 ,1U "•i "y1C 1 ti,11 t1 i. �1PI'1: �! 11111 IONS ;.r.1) PROCIiSS AND
RE UES'1 f'()R APPI Al,
Applicant Heritage East Developers Inc.- Thle Number: SAW -200s -00746
Date: June 15 2012
Attached is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter of permission)
A
PROFFERED PERMIT Standard Permit or Letter of rmMon
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
g
qr( Tit N I • T @: iolhe"ing riglus and option, reWdtng mi adminiwtratthe appual or the ,abuts decision
r141itronal inwita.iuon ma; be t++atcj at kts +_'ecx�4
Law% idxularenN at 33 t rR Par. 331
A: INITIAL PROFFERED PERMIT: You may acceptor object to the
ACCEPT. If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entire)', and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
OBJECT. if you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT. You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
preliminary JD. The Preliminary JD is not appealable.
by contacting the Corps district for further instruction.
Corps to reevaluate the JD.
F O R RAPPEALor
ANION: You do not need to respond to the Corps regarding the
If you wish, you may request an approved JD (which may be appealed),
Also you may provide new information for further consideration by the
PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appoft the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFOR,UTA
to a review of the administrative
memorandum
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that Is already in the administrative
POINT OF CU:a I AC T MR 01 USJ IONS OR l%d -'0R%, M f ION: �
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer
Raleigh Regulatory Field Office CPSAD -PDO
Attn: James Lastinger, Regulatory Specialist US. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Dr., suite 105 60 Forsyth Street, Room l OM15
Wake Forest, NC 27587 Atlanta, Georgia 30303 -8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the o ortuni to participate in all site investiotions.
Date: I Telephone number:
of aooellant or
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Raleigh Regulatory Field Office Attn: Jean Gibby, Field Office
Chief, 3331 Heritage Trade Dr., suite 105 Wake Forest, NC 27587
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Officer, CESAD -PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303 -8801
Phone: (404) 562 -5137
Special conditions:
1. In order to compensate for impacts to 951inear feet of warm stream the permittee shall secure 70
warm stream credits from either Forrest Creek Mitigation Bank or Neu -Con Stream Umbrella
Mitigation Bank, located in the Neuse River gasin, Cataloging Unit 03020201.
Work in _jurisdictional areas authorized by this permit cannot be initiated until the District
Engineer (DR) is in receipt of written documentation, signed by an approved representative of the
mitigation bank, confirming that the bank Sponsor has accepted responsibility for providing the
required compensatory mitigation in accordance with the approved Mitigation Bank Instrument.
This confirmation must include the appropriate number and resource type of credits that have
been secured from the Sponsor. It is the Permittee's responsibility to provide this documentation
to the DE, and Lentil this documentation has been received, the Permittee retains responsibility for
Lroriding all commensatory mitigation associated with this permit.
Action ID Number. SANV -2008 -00746 County: Wake
Permittee: Herita¢e East Developers, Inc.
Date Permit Issued: June 15, 2012
Project Manager. James Lastineer
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: James Lastinger
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revoca; ion.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the percnit conditions.
Signature of Permitter
Date
�rmres� (ack g4k"--
WI udw 6mf fil�
b1�
boln 6anti u.kd o�
Co.,Vvw st fn),fa-
EBX-EM, LLC FORREST CREEK MITIGATION BANK
FORREST CREEK RIPARUW BUFFER CREDIT LEDGER
11/17/3012
DWO Project Number: 200
Transaction Potm W Credits Released to Barr Credits Deblled from Bark
Number Credos Square Foot Amen Square Feet Acres
Cram Belerwe
Square Feel Acres
Contract Ctos"
Purdreaer Project Date Date
1
131600
131,60000
302
131,600
3.02
Credit ReleasO
7/162008
2
131600
131,60000
302
263,200
604
Cmdlt Released
7!29/2008
3
360 W
001
262,840
8.03
ere
11/13/08
4
12,41600
029
250,424
575
ends!! Falb
1125108
5
9,60000
022
240,824
553
Vo6er
Oiter
1/6109
6
1,57500
004
239,249
549
a le
Conoourael
1/&09
7
65800
65,80000
151
305,049
700
Credit Released
424/2009
8
65,80000
151
370,849
851
Credit Released
6/152009
9
15000
0 00
370,699
851
6115109
10
93,738.00
215
276,961
636
Town a F Vamra
own a F - VaMa
72?/09
I 1
62,481 00
143
214,480
482
city of R~
of Rafth
922/09
12
4,41000
010
210,070
482
a h
a h -
2110110
13
15,090 W
035
194,980
4 48
h - Commerce
WNW
14
65,80000
151
260,780
599
Credit Released
M242010
15
35,94800
083
224,832
516
City of Raleigh
ICAY of Rakfth - Durm Rd
611110
16
6.04500
014
218,787
502
a
a h -IMEJ
819/10
17
7,05900
016
211,728
486
a
a h -
811fi110
18
163,77200
376
47,956
110
Pudk Senke
10/27110
19
65800
65,80000
151
113 756
261
Credit Released
1/192011
20
26,142 00
060
87,'614
201
City of Raleigh
lClty of Rafth0aftw
9/22/11
21
31,152 00
072
58,462
130
- SR14444A" Road
92611 t
22
6,5800
65,80000
151
122,262
23
50,84900
117
71,413
164
US Foodservice, Inc.
n
2115112
24
3,36860
008
68,044
1.56
C a Dun=
Sbeet ExWtWn
1121112
1127/12
TaW
592.20000 1
1360
524,15560
12 03 1
68,044
1 56
AFFIDAVIT OF CREDIT SALE
FORREST CREEK RIPARIAN BUFFER MITIGATION BANK
NEUSE 01
The undersigned, EBX -EM, LLC, the Sponsor of the Forrest Creek Riparian Buffer Mitigation
Bank (the Bank "), hereby certifies the following:
1. The City of Durham has deposited monies with the Sponsor sufficient to acquire
3,368.60 Riparian Buffer Mitigation Bank Credits /Square Feet (the "Credits ")
from the Forrest Creek Riparian Buffer Mitigation Bank for use on Carver Street
Extension project (DWQ Project #2011 -0916 and USACE Action ID SAW -2009-
1175) in Durham County.
2. The Carver Street Extension project requires a total of 3,368.60 Riparian Buffer
Mitigation Credits in HUC Neuse 01 as part of its mitigation. Of this amount
3,368.60 Credits are being provided by the Forrest Creek Riparian Buffer
Mitigation Bank Site.
3. This sale is complete and the Sponsor has deducted 3,368.60 Riparian Buffer
Mitigation Credits from the Bank's Official Credit Ledger from the Forrest Creek
Riparian Buffer Mitigation Bank Site.
A copy of the Forrest Creek Riparian Buffer Mitigation Site Credit Ledger reflecting the above
transaction as complete will be provided to State and Federal Regulatory Agencies.
EBX -EM, LLC P�k-
Matthew By: aa6. Fisher, Authorized Agent
Date: 11/27/2012
Copies will be sent to:
Amy Chapman, Buffer Coordinator, Division of Water Quality, 1650 Mail Service Center, Raleigh, NC
27699 -1650
Eric Kulz, Environmental Senior Specialist, Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC 27699 -1650