HomeMy WebLinkAbout20070747 Ver 1_Flat Swamp Bank transfer (EMAIL)_20171207Strickland, Bev
From: Merritt, Katie
Sent: Thursday, December 07, 2017 12:40 PM
To: 'EHI'; 'Robert Kessler'
Cc: Higgins, Karen
Subject: Flat Swamp Bank transfer
Attachments: Conservation Easement_Executed_10_22_09.pdf, Signed MBI_Flat SwampV1.pdf
Hey Bob,
As a follow-up to our conversation on the phone today regarding GreenVest/Flat Swamp, LLC and their potential
decision to no longer want the responsibility of being the Bank Sponsor for the Flat Swamp Mitigation Bank, I am
providing you with some information that may be helpful. I have also attached the Flat Swamp MBI and the Flat Swamp
Conservation Easement. Please see below...
A few approved long term stewards in NC
1. Unique Places to Save
500 Westover Drive #8850
Sanford, NC 27330
2. North Carolina Wildlife Habitat Foundation
300 North Greene Street,
Greensboro, NC 27429
Contact: Matthew A. Harrell arrell._C'cin.servation.ggyn.a,1:.cc�m
3. Land and Aquatic Resources Stewardship - Department of Environmental Quality
Contact: Ed Hajnos edard,ha�ncrs(ndenr.cav; 919-707-8536
Also, you will need to do the following....
1. register your business with the State of NC to do business (aka. Sell mitigation credits) here . Then, send me
confirmation of approved registration.
2. Until you become a registered business in NC, you cannot make any sales from your bank. Once you are
registered, please change Ledger headings and the corresponding Credit Transfer Certificates to the new
business name.
3. Have GreenVest send me a signed letter on their letterhead notifying me that they are giving up their rights of
ownership of the Flat Swamp Mitigation Bank and are assigning all rights of the Flat Swamp Mitigation Bank
(included credit sales) over to your company. Currently, GreenVest Flat Swamp is the legal entity who owns this
bank, and without their notification to the State that they are giving up their ownership and transferring that
ownership to you, I can't let them out of their Umbrella Mitigation Banking Instrument responsibilities or amend
the UMBI without their consent. The UMBI is attached for your convenience. GreenVest/Flat Swamp, LLC is the
Bank Sponsor and held accountable under the entire agreement. Please see Section VI. OTHER PROVISIONS.
4. Notify the County that you need to amend the Conservation Easement associated with this site. The Grantor
is GreenVest/Flat Swamp, LLC and the Grantee is GreenTrust Alliance, Inc. They need to know what is
changing. Are they selling you the land? GreenVest/Flat Swamp, LLC and GreenTrust Alliance, Inc. are bound by
Article VI of this Easement to transfer and assign their easement in accordance to the provisions in the Article VI.
They cannot just "walk away'.
This list will get you started. In the meantime, I will have to ask other people questions about how to move forward and
will get back to you on anything new that I find out I may need.
Thank you,
Katie
Katie Merritt
Nutrient Offset & Buffer Banking Coordinator
401 & Buffer Permitting Unit
North Carolina Department of Environmental Quality
Work: 919-607-6371
.................................................................
Website: http://portal.ncdenr.org/web/wq/401bufferpermitting
1_ ..._ ..:..._ .lis u.iry Stireet, Raleigh NC 76 0
1617 Mail Service Center. Paleiralh. NC 27699-1617
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