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HomeMy WebLinkAbout20040325 Ver 2_More Info Received_20120521t I Transmittal Barra Farms 11 Transfer of Credit May 16 2012 o4 -D3 as 0 Q- 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 ll 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 Ln m O) LL G7 Q. m u Y C m m C 0 m 00 ri C m d 3 � m L CL C N ZJ3 _ Vl O) 0 y M 0 a '^ C E o m *' U. 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