20080229 Ver 2_Certificate of Transfer Riparian Buffer Credit- US foods_20120320

TRANSFER OF CREDIT CERTIFICATE AND
AFFIDAVIT OF CREDIT SALE
FORREST CREEK RIPARIAN BUFFER MITIGATION BANK
NEUSE 01
The undersigned, EBX -EM, LLC ( "Sponsor "), Sponsor of the Forrest Creels Riparian Buffer
Mitigation Bank (the `Bank "), hereby executes this Transfer of Credit Certificate and Affidavit of
Credit Sale for the Forrest Creek Riparian Buffer Mitigation Bank Neuse 01 ( "Certificate of
Transfer ") and certifies the following:
US FOODS, INC. (formerly known as U.S. Foodservice, Inc.) ( "US Foods ") has,
concurrently with Sponsor's execution of this Certificate of Transfer, deposited monies
with the Sponsor sufficient to acquire 50,849.00 Riparian Buffer Mitigation Bank
Credits /Square Feet (the "Credits ") from the Forrest Creek Riparian Buffer Mitigation Bank
for use on Zebulon Plant Expansion (DWQ Project 92011 -0165 and USACOE Action
ID. SAW- 2011 - 00615), located on Old US64 Alternate, east of NC HWY 39, east of
Zebulon ( "Project "). The Johnston County/Wake County Line bisects the property.
2. US Foods' Project requires a total of 50,849.00 Riparian Buffer Mitigation Credits in HUC
Neuse 01 as part of its mitigation. Of this amount 50,849.00 Credits are being provided by
the Forrest Creek Riparian Buffer Mitigation Bank Site.
This sale is complete and the Sponsor has deducted 50,849.00 Riparian Buffer Mitigation
Credits from the Bank's Official Credit Ledger from the Forrest Creek Riparian Buffer
Mitigation Bank Site.
4. Upon the presentation of the executed Certificate of Transfer to US Foods, transfer of funds
to the Bank and the delivery of the Certificate of Transfer and Official Credit Ledger to
USACE /DWQ, all obligations with respect to the mitigation requirements (as set forth in
DWQ Project 4 2011 -0165 (Wake County), Special Permit Condition, arising out of or
relating to the 50,849.00 Credits purchased by US Foods shall be the sole responsibility of
the Sponsor and the Bank as authorized by the Interagency Review Team (IRT) pursuant to
the Forrest Creek "Mitigation Banking Instrument" (MBI) dated Januaiy 2007, and pursuant
to the Stream & Buffer Mitigation Unit Sales Agreement ( "Agreement ") and Confirmatory
Assignment and Assumption Agreement (December 14, 2011) with US Foods.
Copies of the Certificate of Transfer and the Forrest Creek Riparian Buffer Mitigation Site
Credit Ledger reflecting the above transaction as complete will be provided to State and
Federal Regulator- Agencies.
EBX -EM, LLC
Bv:
Matthew Fisher, Authorized Agent
Date: 02/02/12

Copies will be sent to:
Monte Matthews, Regulator- Project Manager, US Army Corps of Engineers
Raleigh Regulator- Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587
Katie Merritt, Environmental Compliance Specialist & Nutrient Offset Coordinator
Wetlands & Stormvvater Branch DWQ 401 Oversight/Express Review Unit 1650 Mail Service
Center, Raleigh, NC 27699 -1650
Jeffrey A. Barnes, Senior Director — Corporate Real Estate, US Foods, Inc.
9399 W. Higgins Rd., Ste. 600, Rosemont, IL 60018
4823 - 7809 - 7934,7. 1
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