20080229 Ver 1_Certificate of Transfer Stream Credits-US Foods_20120320

TRANSFER OF CREDIT CERTIFICATE AND
AFFIDAVIT OF CREDIT SALE
FORREST CREEK STREAM MITIGATION BANK
NEUSE 01
The undersigned, EBX -EM, LLC ( "Sponsor "), Sponsor of the Forrest Creels Stream Mitigation
Bank (the `Bank "), hereby executes this Transfer of Credit Certificate and Affidavit of Credit Sale
for the Forrest Creek Stream 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 159.00 stream mitigation bank credits /units (the
"Credits ") from the Forrest Creek Stream 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 159.00 Stream Mitigation Credits in HUC Neuse 01 as
part of its mitigation requirements. Of this amount 159.00 Credits are being provided by the
Forrest Creek Stream Mitigation Bank Site.
This sale is complete and the Sponsor has deducted 159.00 Stream Mitigation Credits from
the Bank's Official Credit Ledger from the Forrest Creek Stream 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
USACE Permit Action ID SAW- 2011 - 00615, Special Permit Condition) arising out of or
relating to the 159.00 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 Januaiv 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 Stream Mitigation Site Credit
Ledger reflecting the above transaction as complete will be provided to State and Federal
Regulatory Agencies.
EBX -EM, LLC
Bv: P ;K�
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
4834 - 6881- 3582,v.1
2