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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