20120280 Ver 1_More Info Received_20120809

Mcmillan, Ian
From: Jennifer Burdette Uburdetteblc @bellsouth.net]
Sent: Thursday, August 09, 2012 10:20 AM
To: 'Brown, Craig J SAW'; Mcmillan, Ian
Cc: 'Matthews, Monte K SAW'
Subject: Marketplace at Tramway Replacement Mitigation Letter
Attachments: Statement of Availability_Marketplace at Tramway.pdf
Attached is the replacement mitigation reservation letter for the subject project. I apologize for the large inconvenience
and thank all of you for your resolution efforts. Please let me know if there is anything else that I can do to assist in
processing.
Thanks again,
Jennifer
Jennifer A. Burdette
Burdette Land Consulting, Inc., 10212 Creedmoor Road, Raleigh, North Carolina 27615
(919) 841 -9977 (office) - (919) 422 -3605 (cell) - JBurdetteBLC @bellsouth.net

Mitigation Credit Reservation Confirmation Letter
Statement of Availability
August 9, 2012
NC Division of Water Quality U.S. Army Corps of Engineers
Reviewer: Ian McMillan ATTN: Monte Matthews /Craig Brown
401 Oversight /Express Permitting Unit Raleigh Regulatory Field Office
1650 Mail Service Center 3331 Heritage Trade Center, Suite 105
Raleigh, NC 27699 -1650 Wake Forest, NC 27587
Re: Reservation of Compensatory Non - Riparian Wetland Mitigation Credits
Project: The Marketplace at Tramway
Corps AID #: 201101375
DWQ Proj #: 20120280
This document confirms that The Market Place at Tramway, Bobby Branch (Applicant) has
reserved for purchase up to 4.34 non - riparian wetland mitigation credits from the Barra Farms
Phase II Wetland Mitigation Bank.
Restoration Systems (RS) attests to the fact that 4.34 non - riparian wetland credits are currently
available for immediate transfer from its Official Bank Credit Ledger to Applicant and that as of
this date RS has placed 4.34 non - riparian wetland credits into "no- sale " - reservation status
under the name of the project referenced on this document (Project).
These 4.34 non - riparian wetland credits will remain in reservation status until payment in full is
received from the Applicant, resulting in the issuance of a Credit Transfer Certificate by RS
acknowledging that the applicant has fully secured credits from the bank and RS has accepted
full responsibility for the mitigation obligation requiring the credits. If RS does not receive
payment in full for the Mitigation Credits within thirty (30) prior to the initiation of Project
construction, RS has the right to terminate this Reservation Letter, in which case RS will have no
further obligation to provide mitigation credits to the Applicant.
The Marketplace at Tramway — Compensatory Mitigation — RS

RS will issue the Transfer Certificate within ten (10) days of receipt of the Purchase Price. RS
shall provide to Applicant the Transfer Certificate debiting credits from the Bank Official Credit
Ledger showing the permit number and the resource type secured by the applicant, and will
send an a copy of the Transfer Certificate with an updated Official Credit Ledger to regulatory
agencies showing the proper documentation.
If any questions need to be answered, please contact me at 919 - 334 -9123
Best regards,
74yatw s oas
Tiffani Bylow
Project Manager
Restoration Systems, LLC
1101 Haynes Street, Suite 211
Raleigh, NC 27604
The Marketplace at Tramway — Compensatory Mitigation — RS

Reference to the Department of Army Corp, of Engineers 33 CFR Parts 332 and Environmental
Protection Agency 40 CFR Part 230 Compensatory Mitigation for Losses of Aquatic Resources:
the Final Rule.
332.8 Section (R) Use of Credits: the district engineer will determine the number and
type of credits required to compensate for the authorized impacts, the sponsor must
provide the permit applicant with at statement of credit availability. (this is the
Reservation Letter)
Section (1)(3)lf 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 responsibility for providing the compensatory mitigation until the
appropriate number and resource type of credits have 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
documentation must consist of a letter or form signed by the sponsor, with the permit
number and a statement indicating the number and resource type of credits that have
been secured from the sponsor. (this is the Transfer Certificate)
• 332.3: (K) Permit Conditions: the compensatory mitigation requirements for a DA
permit, including the amount and type of compensatory mitigation must be clearly
stated in the special conditions of the individual permit or general permit verification.
The special conditions must be enforceable.
The Marketplace at Tramway — Compensatory Mitigation — RS