HomeMy WebLinkAbout20040325 Ver 2_More Info Received_20120521t
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Transmittal
Barra Farms 11 Transfer of Credit
May 16 2012
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E 1�
NC Division of Water Quality U S Army Corps of Engineers
Reviewer Ian McMillan Reviewer David Bailey
401 Oversight/Express Permitting Unit Wilmington Regulatory Field Office
1650 Mail Service Center 69 Darlington Avenue
Raleigh NC 27699 1650 Wilmington NC 28403
Re PNG/Progress Energy Sutton — Compensatory Mitigation
USACE Action ID SAW 2010 01309
NC DWQ Certification #3911
This document confirms that Piedmont Natural Gas has purchased 20 52 non riparian wetland
mitigation credits from the Barra Farms Phase II Mitigation Bank in the Cape Fear 03030005 to
provide compensatory mitigation for the PNG/Progress Energy Sutton (Applicant) project that is
the subject of the above referenced permit application The enclosed Wetland Mitigation Bank
Transfer of Credit Certificate provides documentation of the same The 20 52 credits have been
debited from the bank as shown on the enclosed Bank Ledger
If any questions need to be answered please contact me at (919) 334 9123
Best regards,
ITiftBylow
Restoration Systems LLC
1101 Haynes Street Suite 211
Raleigh NC 27604
Cc Stewart Precythe Southern Farms Produce
Joey Lawler S &ME (agent for PNG)
MAY 2 d 2012
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Barra Farms Phase H
WETLAND MITIGATION BANK
TRANSFER OF CREDIT CERTIFICATE
This document executed by and between Piedmont Natural Gas, ( Buyer ) and Southern
Produce Distributors, Inc ( Sponsor ) certifies and acknowledges Transfer of Wetland
Mitigation obligations as follows
WITNESSETH
In consideration of the covenants and considerations recited herein
1 By signature of this Certificate SPONSOR hereby transfers to Buyer 20 52
nonnpanan wetland credits from the Barra Farms Phase II Wetland Mitigation Bank
located in Cumberland County Cape Fear River Basin and Cataloging Unit 03030005
and authorized by the Interagency Review Team (IRT) pursuant to the Barra Farms
Mitigation Banking Instrument (MBI) dated February 22 2011 (Bank) 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 2010
01309 (Permit) and under Section 401 of the Clean Water Act by the Department of
Natural Resources Department of Water Quality (DWQ) Certification # 3911
(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 Mitigation
Requirements) and that upon the presentation of this signed Transfer Certificate by
SPONSOR 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 SPONSOR
2 SPONSOR acknowledges that Buyer has made full payment to the Barra Farm
Mitigation Bank and agrees to fulfill the Compensatory Mitigation Obligations
3 Upon execution of this Agreement SPONSOR shall forward an original of same to
CORPS and DWQ
4 SPONSOR certifies that mitigation credits are immediately available to Buyer
5 SPONSOR hereby acknowledges the debit of 20 52 nonnpanan Wetland Credits from
the Barra Farms II Mitigation Bank Ledger
US 1900 9 7 349 1
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on
the dates written below their signatures Signed sealed and delivered
SPONSOR — Southern Produce Distributors, Inc
Witness /
Print Name
Date J� 3 ) OA—
AND
BUYER — Piedmont Natural Gas
Witness 4fi CgQ4�
Print Name A An S `l
Date S to (tZ
Reference
By
Print Name S {i1N`a -, -I`
Title Ta SSl ou n j-
Date 5 3 a-6 Ira
By UZel
1
Print Name
Title Sr 0'e-&I 2+z PVOj •ri �ei
Date
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 responsibd►ty 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
US 19009 72348 1
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