HomeMy WebLinkAbout20120466 Ver 1_Mitigation Information_20120924September 20, 2012
Mr. James Lastinger
Raleigh Regulatory Field Office
Wilmington District, Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Ms. Lauren Witherspoon
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699 -1650
o ti to to
@ �/ L5
SEP 2 4 2012
DENR - Wi47ER OU
fwnsn.�e ®�._
Subject: Pancho Stream & Wetland Mitigation Bank (SAW- 2010 - 00142)
Town of Fuquay - Varina — Eastern Regional Park (SAW- 2012 - 00837 /DWO 12 -0466)
Mitigation Credit Transfer Certificate
Pancho Ledger
Dear Mr. Lastinger and Ms. Witherspoon:
Please find enclosed the above - referenced documents for the Pancho Stream & Wetland Mitigation Bank.
Together these documents show that the Town of Fuquay- Varina has purchased 0.47 riparian wetland credits
from the Pancho Stream & Wetland Mitigation Bank to satisfy the above - reference permit and the same have
been debited from the Bank.
Please let me know if you have any questions regarding this transaction.
Best regards,
Tara Disy Allden
Cc: Mr. Jonathan R. Barlow, Town Manager, Town of Fuquay - Varina (via email)
Mr. Troy Beasley, Withers & Ravenel (via email)
1101 Haynes St., Suite 211 -Raleigh, NC 27604 - www.restorationsystems.com -Ph 919.755.9490 - Fx 919.755.9492
k
U)
0
U)
2
k
■
§ g
I §
� &
eek
g�k
�E
k��
a c §
0
k���
aw02
0
k§
u
�
�t
$
\ §)��
s 2a
ca
/ /
/fJ
o
�
«
/
_
|
k 2
■
2
§ m§
0
k
;
CL
2)
E t)
0
°tam
§
(La2!
w
`.
k�q
9
9 \/
EL
90
\
\ \
G
\
§ 7
/
2
��
�
m
�
2
§ \
§ §
■
@
E
�
+
J
J
Q
e
9
u
§
C,
k
�
�
(
k
£
§
§
R
u
§
a
,
E
k �
k /
/
�
�
4§
§
]
4 a
a 6
4
k
§
2
§ £
t
a
A
N
k
�
PANCHO STREAM & WETLAND MITIGATION BANK
TRANSFER OF CREDIT CERTIFICATE
This document, executed by and between The Town of Fuguay- Varina, ( "Buyer ") and
Restoration Systems, LLC a North Carolina limited liability company ( "Sponsor "), certifies and
acknowledges Transfer of Stream and /or 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 0.47 riparian wetland
credits from the Pancho Stream and Wetland Mitigation Bank located in Wayne County, Neuse
River Basin, and Cataloging Unit 03020201 and authorized by the Interagency Review Team
(IRT) pursuant to the Pancho "Mitigation Banking Instrument' (MBI) dated April 12, 2012
(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- 2012 -00837 (Permit) and
under Section 401 of the Clean Water Act by the Department of Natural Resources - Department
of Water Quality (DWQ) Certification # 12 -0466 (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 Pancho 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 0.47 riparian Wetland Credits from the Pancho
Mitigation Bank Ledger.
US 1900 9272148 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:
RESTORATION SYSTEMS, LLC, a North Carolina Limited Liability Company
n
Witness: GUW By:
Print Name: 41/60 Print Name:
Date: "/ Title: `t���t'XkVV4 j� r
Date: � "tz
� J 20 20( 2
AND
BUYER – Town of Fuqupay Varina, North Carol' a
Witness: t J Q �✓ ci--- B.
Print Name: hose 14. lbo Print Name: ona.�ow
Date:
Reference:
r--
Title: OWE^ CC�Ga
Date: ST✓ (y 3 11 2 UI 2—
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 responsibility 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."
USOM 9272348 1