20081555 Ver 2_Modifications_20120705

50utkern Environmental [arouP, Inc.
5315 ,South College Road, Suite F, • Wij i -gton, NC 28 +12
['hone: 910.45Z.27 1 I • ]=aw 9 I0A52.Z899 • F—mail: price @sepgi.us
5 June 2012
Electronic Mail
Ms. Joanne Steenhuis
NC Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Joanne.Steehuis a_ ncdenr.goy
Mr. Ronnie Smith
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Ronnie.D.Smith usace.arm .mil
Re: Request for Modification to the Mitigation Component of the Shelter Creek Lime & Stone EP and
DWQ Certification, SAW - 2008 -01720 and DWQ 2008 1555, v.2
Dear Joanne and Ronnie,
With this letter, Southern Environmental Group, Inc. (SEGi), on behalf of Shelter Creek Capital, LLC (herein
referred to as the "Applicant "), is requesting the agencies consideration of authorizing an increase to the wetland
impact acreage anticipated to take place within the first 5 years.
The purpose and need for the increase of 7.25 acres of wetland impacts is to allow the operation to maintain its
current level of productivity, as well as to facilitate the construction of the agricultural -lime processing plant. The
table below denotes the areas and acreages previously authorized to be impacted within the first 5 years and the
newly requested impact acreages:
Wetland Area
Wetland Type
Impact Acreage as Originally Proposed
Impact Acreage with New Proposal
A
SWAMP FOREST
1.40
144
B
WET FLAT (LV)
0.80
0.80
C
WET FLAT
3.80
180
J
WET FLAT (1)
0.11
0.11
K
WET FLAT (1)
0.16
0.16
E
BOTTOMLAND HWF *
0.00
0.24
AA
WET FLAT (LV)
1.20
1.20
DD
CYPRESS FOREST
0.49
1.16
EE
CYPRESS FOREST
0.00
5.30
Total
7.96
15.21
A
7.25
Table 1. 5 year wetland impacts authorized under current 1P, proposed increase in acreage and change in acreages.
=Denotes Riparian tvetland

Based on our discussions, authorization to increase the 5 year impact acreage is contingent upon the Applicant
producing financial assurance, in this case a Letter of Credit (see Attachment 1), which assures that if the
permittee responsible mitigation site does not meet the stated performance standards, as outlined in the approved
mitigation plan and Special Condition P of the USACE's Individual Permit (IP), issued 10 March 2010, payment
will be made to the NCEEP, for wetland restoration credit, in the amount sufficient to offset the impacts at a 1:1
mitigation -to- impact ratio. With that said, the Letter of Credit assures that payment to the NCEEP for 0.25 acres
of riparian wetland restoration credit and 7.0 acres of non- riparian wetland restoration credit will be executed,
should the wetland creation work, that has taken place at the Croomsbridge Road Mitigation Site, not produce the
anticipated results. Based on the NCEEP's current In -Lieu Fee Schedule, the Applicant would be required to
make payment in the amount of $339,629.25 [$64,07714 + 46,230(7) = 339,629.25].
For your convenience, attached you will find a map that depicts the original first 5 year impacts as well as the
requested additional acreage anticipated to take place within the first 5 years (Attachment 2).
Thank you for your consideration of this request. If you have questions or need further information, please feel
free to contact me at 910.452.2711 or via email at [e-mail].
Sincerely,
Dana A. Lutheran
Project Manager
Enclosures (2)
Cc: Mr. [an McMillan — Division of Water Quality 401 Oversight Raleigh (Ian.McMillan(a�ncdenr.gov )
Mr. Kyle McIntyre — Manager Shelter Creek Capital, LLC ([e-mail] )
Mr. Bruce Cameron — Shelter Creek Quarry ([e-mail] )
Mr. Scott C. Sullivan — Cameron Company, LLC ([e-mail] )
Mr. Jabe Hardee — Cameron Company, LLC (jabe a,cameronco.com )

BRANCH BANKING AND TRUST COMPANY �-� rm zfo -�-i
ADDRESS: 115 N 3RD ST FL 2 WILMINGTON, NC 28401 4086 3. ± C.- Z
t V
PHONE NUMBER: 910.815 -2770
CONTACT NAME: ROBERT L BOGGS JR.
LETTER OF CREDIT N4. 9511219261 00005
IRREVOCABLE STANDBY LETTER OF CREDIT DATE 0518:0_012
ADVISIIIGBANK
APPLICANT
SHELTER CREEK CAPITAL LLC
12121 NC HIGHWAY 53 E
MAPLE HILL, NC 29454 -7715
SENERCLARY
AMOUNT
NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM
S339,62915
116 Wr— STJONES STREET
EXPIRY DATE
05/14/2013
RALrEGII, NC ?7605 -GBGII
IFOR. PRESEITTATIOrd
_
ATUUI; GOU1SfER5
GENTLEMEN:
WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR
AVAILABLE BY YOUR DRAFTiS1 Sigh,
DRAWN ON; 'RRANCII BANKING STHUSr CO'
DRAFT(B)MUSTBE MARKED - 'DRAWN UNDER BRANCH DANHING AND TRUST COMPANY CREDIT NO. 9511219261 00005 '
WHICH MUST BE ACCOMPANIED BY THIS LETTER AND THE FOLLOWING DOCUMENTATION:
PAYMENTS UNDER THE LETTER OF CREDIT WILL BE MADE BASED UPON A WRITTEN REQUEST BY TIfE US ARMY CORPS
OF ENGINEERS STATING THAT SHELTER CREEK CAPITAL, LLC IIAS NOT SUCCESSFULLY CREATED A WETLAND AREA
SUFFICIGNTTO OFFSET 7.5 ACRES OF WETLAND IMPACTS THAT HAVE TAKEN PLACE AT SHELTER CREEK LIME .
STONE, LOCATED AT 12121 HWY 53 EAST, IN MAPLE HILL, NORTH CAROLINA.
This Latter of Credt Is deemed to be aalomalicaily extended wilhoul amendmanl far ORO year from the axpim0on dale or any future expiration data, unless 60 days
prior to such OYpireliDn date, we notify you by registered or certified moil that this Latter of Credit will not be renewed fur any such additional period. If you remiva
written notice from us that we have elected not to mnow this Standby Lultur or Credit, you may draw the full avallabie amount hereunder not mom than 15 days prior
to the current expiration data by presenting your draft together Willi the original Standby Letter of Credit and your statement purportedly signed by an authorized
represonlative that you are drawing on the Utter of Credit because you wore nalllad by us that we did not Intend to extend and renow this Standby Latter of Credit
and that SHELTER CREEK CAPITAL. LLC has not furnished a mplacoment Latter or Credit satisfactory to you.
SPECIAL INSTRUCTIONS
FORWARD DOCUMENTS TO:
DRANCIi RANKING & TRUST COMPANY I ROBERT L. BOGGS, JR.
115 NORTH THIRD STREET
WILMINGTON, NC 29401
THIS CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES (ISP95), ICC PUBLICATION NO. 590 AND TO THE EXTENT NOT
INCONSISTENT THEREWITH, ARTICLE 5 OF THE UNIFORM COMMERCIAL CODE OF THE STATE OF NCRTH CAROLINA.
WE HEREBY ENGAGE WITH BENEFICIARY THAT DRAFTS PRESENTED IN CONFORMITY WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED
ON PRESENTATION AT OUR COUNTERS AND THAT DRAFTS ACCEPTED WITHIN THE TERMS OF 5 CREDIT WILL BE DULY HONORED.
VERYTRULYYOURS
1 1 5(t
BRANCH BANKING AND TRUST COMPANY lid'
AUTkORl2ED SIGNATURE.
ACCOUNTI i I NOTEd
9511219261 00005
1412NC (0912) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�II111�IIIIIIIIlIIV11111111111111111111111111111�IIIIIIIIIIIINl11111
Page i d7

WITNESS:
F'�v
SIGNATURE PAGE TO APPLICATION AND AGREEM DU FOR
IRREVOCABLE STANDBY LETTER OF CREDIT
Dated May 2, 2012
BLA #9511219261 -00005
If Borrower `Is a Partnership, Limited Liability Company, Limited Liability Partnership,
or Limited Liability Limited Partnership
TER EIS CAPITAL
By:
B /��le McIntyre, Managift V--
},1 Scott C. Sullivan, Manager
SHELTER CREEK UgVEST(
By:
J147 c1�ty�77�
Scott C. Sullivan, Manager
CAMERON PROPERTIES LEMEI)"I"ARTNERSHIP
By. C (SEAL)
S att C. Sullivan, General Partner I Z. .- By' (SEAL)
abe V. Harde al ar ner
By (SEAL)
Adair , Gen 1 Partner
CAMERON CO A[+1Y„�,T
BY: rr� (SEAL)
C. Sullivan, Manager
BY: 61V&4�, (SEAL)
Jab V. Hard , Manager A

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