20021169 Ver 5_More Info Received_20110922

Mcmillan, Ian
From: Beasley, Troy [[e-mail]]
Sent: Thursday, September 22, 2011 12:23 PM
To: Mcmillan, Ian
Subject: FW: Cripple Creek (SAW-2007001188) Credit Transfer Documents for Highcroft Village
Phase II (SAW-2008-01444) (DWQ Project #02-1169.Ver)
Attachments: Cripple Creek Ledger 9-22-2011.xls; Highcroft Mitigation Docs to Corps 9-22-2011.pdf;
Highcroft Credit Transfer 9-22-2011.pdf
Ian,
Attached is the documentation that the wetland mitigation for the Highcroft Village Phase II and Sewer Outfall has been
paid and the credits transferred. This satisfies the mitigation requirement of the DWQ 401 WQC.
Please let me know if you have any questions.
TROY BEASLEY
WITHERS L'4v4 RAYENEL
rglo fumnlonwealth Drive, Unit val I Wilmington. N s_ :8yut
ref ?)to 1ti6 ?)1 i? I fax )r0 256 2584
dire,f )Iur,oq 65t2
w,ww_,vithersravene!_com
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party
From: Tara Allden Imailto:talldenC&restorationsystems.com]
Sent: Thursday, September 22, 2011 12:15 PM
To: James. F.ShernCa?usace.army.mil
Cc: Williams, Andrew E SAW (Andrew. E.Williams2(&usace.army.mil); Beasley, Troy
Subject: Cripple Creek (SAW-2007001188) Credit Transfer Documents for Highcroft Village Phase II (SAW-2008-01444)
Jamie,
Please find attached the above-referenced documents, including a cover letter, credit transfer certificate and updated
ledger. I will send the original documents to you via regular mail. I have copied Andy Williams on this as well as he is the
project manager for the Cripple Creek Stream & Wetland Mitigation Bank.
Please let me know if you have any questions or need additional information.
Take care
Tara
CRIPPLE CREEK ST
MITIGATION BANK
TRANSFER OF CREDIT CERTIFICATE
This document, executed by and between Highcroft Investors, LLC, ("Buyer") and
Restoration Systems, LLC a North Carolina limited liability company ("RS"), certifies and
acknowledges Transfer of Stream and/or Wetland iVlitigation obligations, as follows:
WITNESSETH
In consideration of the covenants and considerations recited herein:
1. By signature of this Certificate, RS hereby transfers to Buyer 20.0 stream credits from the
Cripple Creek Stream h4itigation Bank located in Alamance County, Cape Fear River Basin,
and Cataloging Unit 03030002 and authorized by the Interagency Review Team (IRT)
pursuant to the Cripple Creek "Mitigation Banking Instrument" (TIED dated January 19,
2010 (Banat). The credits transferred by this Certificate are intended to satisfy compensatory
mitigation requirements for aquatic resource impacts authorized under Section 404 of the
Clean Water Act by the United States Army Corp of Engineers (CORPS) Permit # SAW-
2008-1444 (Permit) and under Section 401 of the Clean Water Act by the Department of
Natural Resources-Department of Water Quality (DWQ) Certification # 02-1169
(Certification). CORPS and/or DWQ have acknowledged and agreed that use of credits
from the Bank may be used by Buyer to satisfy the compensatory mitigation requirements
established by the Permit and Certification (the Compensatory Ttigation Requirements)
and that upon the presentation of this signed Transfer Certificate by RS to Buyer, and the
delivery to CORPS/DWQ a copy of this Certificate of Transfer along with an Official Credit
Ledger, that all obligations with respect to the Compensatory Mitigation Requirements, shall
be the sole responsibility of RS.
2. RS acknowledges that Buyer has made full payment to the Cripple Creek Mitigation Bank
and agrees to fulfill the Compensatory Mitigation Obligations.
3. Upon execution of this Agreement, RS shall forward an original of same to CORPS and
DWQ.
4. RS certifies that mitigation credits are immediately available to Buyer and that all
conditions relating to providing the transferred of mitigation obligation outlined in Permit
Action SAXX' 2008-1444 are satisfied.
5. RS hereby acknowledges the debit of 20 Stream Credits from the Cripple Creek Mitigation
Bank 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:
RESTORATION SYSTEMS, LLQ a North Carolina Limited Lia ii ty Company
Witness: ?-
Print Name: r7ati 2044"_j
Date: 7-2-o- it
AND
By: ???•?? ltc?,c-----
Print Name: T,?2??5N ??td
Title: Y't Lkarf df 0 uc?=.dR.?i??
Date: 9 1 20 1 2U 11
BUYER - i !k,-4 S+,vc.s ?v rA LL L
Witness
Print Name???p2 ??,no ?Q,t- Print Name: t?,. t3??.?k?w
Date: ---'?
Reference:
Title: v',ti ?«s ??,. , Proms}... R?•? s? c
Date: 9124.) 11
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 the 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 the
sponsor has accepted the responsibility for providing the required compensatory mitigation. This
documents must consist of a letter of form signed by the sponsor with the permit number and an
statement indicating the number and resource type of credits hat been secured form the sponsor."
l B14W 4."?ag 1
Natural Resource
Restoration & Consecration
September 22, 2011
Mr. Jamie Shem
Project Manager
Raleigh Regulatory Field Office
Wilmington District, Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Subject: Cripple Creek Stream & Wetland Mitigation Bank (SAW-2007-01188)
High Croft Village Phase II (SAW-2008-01444) Credit Transfer Certificate
Cripple Creek Ledger
Dear Mr. Shern:
Please find enclosed the above-referenced documents for the Cripple Creek Stream & Wetland
Mitigation Bank (SAW 200701188). Together these documents show that I liighcroft Investors, LLC
has purchased 20 stream mitigation units from the Cripple Creek Stream & Wetland Mitigation Bank
and the same have been debited from the Bank
Please let me know if you have any questions regarding this transaction.
Best regards,
Tara Disy Allden/
Cc: Troy Beasley, Withers and Ravenel (via email)
Pilot dill • 1101 Haynes St., Suite 211 9 Raleigh, NC 27604 • wwm:restorationmistemsxom • Phone [phone] • Fax [phone]
Tara Disy Allden • Rcstorotion Systcros, Ll,(:
i ioi I-Iayncs Strcct, SIIit(? 211
It, lcigh, NCI 27001
(() i9) ;3,3-i-o i i c) • tallden restorationsystems.com
www.restorationsystems.com
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