HomeMy WebLinkAbout20120280 Ver 2_Mitigation Bank Information_20121017Transmittal
Barra Farms II Transfer of Credit
October 15, 2012
NC Division of Water Quality U.S. Army Corps of Engineers
Reviewer: Ian McMillan Reviewer: Craig Brown
401 Oversight /Express Permitting Unit 3331 Heritage Trade Drive
1650 Mail Service Center Suite 105
Raleigh, NC 27699 -1650
Re: Marketplace at Tramway
USACE Action ID: SAW - 2011 -01375
NC DWQ Certification #3926
NC DWQ Project #: 2012 -0280, Ver. 2
Wake Forest, NC 27587
This document confirms that BA Properties, LLC has purchased 1.54 non - riparian wetland
mitigation credits from the Barra Farms Phase II Mitigation Bank in the Cape Fear 03030005 to
provide compensatory mitigation for the Marketplace at Tramway (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 1.54 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,
Tiffani Bylow
Restoration Systems, LLC
1101 Haynes Street, Suite 211
Raleigh, NC 27604
Cc: Stewart Precythe, Southern Farms Produce
Jennifer Burdette, Burdette Consultin g
�flv Bobby Branch, BA Properties, LLC A
OCT 1 7 2012
Batts Fauns Phase 11
WETLAND NIITIGATION BANK
TRANSFER OF CREDIT CERTIFICATE
This document, executed by and between BA Branch Properties, LLC, ( "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 1.54 nonriparian
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 -2011-
01375 (Permit) and under Section 401 of the Clean Water Act by the Department of
Natural Resources - Department of Water Quality (DWQ) Certification #2012 -0280, Ver.2
(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 1.54 nonriparian Wetland Credits from
the Barra Farms II Mitigation Bank Ledger.
US 1900 9272348 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.
W itnes ll
Print Name: d W
Date: /0
AND
BUYER — BA Branch Properties, LLC
By:
Prin ame: VQ v C
( ✓ ern u,
Title: C' J- o -v
Date:
Print Name: �M�t� (,?,Vo Ws�c %
Date: to
Reference:
Print Name: Q�Q",V A w5nnc �
Title: Ott, ,nec--
Date: 1,0 -) -1'2.
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."
US 1900 9272348 1
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: BA Branch Properties, LLC
Project Name: Marketplace at Tramway /Phase i
Action ID: SAW- 2011 -01375
County: Lee
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and /or the mitigation will occur
in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and /or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank /In -Lieu Fee Program
Manager. The Sponsor must also comply with all reporting requirements established in their authorizing Instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03030004, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Im
acts (acres)
Warm
Cool
Cold
Riparian
Riparian
Non- Riparian
Coastal
Riverine
Non - riverine
0.77
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03030005. Caoe Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian
Riverine
Riparian
Non - riverine
Non - Riparian
Coastal
1.54
Mitigation Site Debited: Barra Farms Phase 11 Wetland Mitigation Bank
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. if the NCEEP
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: 1, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and /or advance credits for NCEEP), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor
Name of Sponsor's
Date of Signature
Page 1 of 2 Form Updated 18 September, 2012
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
O Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified In this form, though the Permittee remains
responsible for any other mitigation requirements stated In the permit conditions.
a Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation ( NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
r Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank /ILF Instrument. It is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form.
0 If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and /or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank /ILF Instrument.
Comments /Additional Conditions:
1. The impacts and mitigation to iurisdictional wetlands covered by this Compensatory Mitigation Transfer Form are
for Phase 1 of construction at the Marketplace at Tramway site Please be reminded that you will need to submit
another DA permit modification prior to beginning any work within the remaining 14 acres of iurisdictional
wetlands associated with Phase II.
This form is not valid unless signed by the mitigation Sponsor and USACE Project Manager. For questions regarding this
form or any of the conditions of the permit authorization, contact the Project Manager at the address below.
USACE Project Manager: Craig Brown
USACE Field Office: Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: craig.j.brown @usace.army.mil
Digitally signed by
BROW US, o=U.S. Government,
6
DN: c =US, o =U.S. Government,
ou =DoD, ou =PKI, ou =USA,
cn= BROWN.CRAIGJ.1222766806
Craig Brown: Date, 2012.10.1108:24.29 - 04'00'
October 11, 2012
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, Including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http: / /ribits.usace.army.mil.
Page 2 of 2
The Wilmington District Is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at htto : /Iregulatorv_usacesurvey.com/ to complete the survey online.
Barra Farm Phase 11 Non - Riparian Wetland Mitigation Bank -- Cape Fear 04 &OS
Restoration Systems, LLC
Corps Action ID # SAW - 2009 -00189
DWQ#
Non - Riparian Wetland
Balance
Permitee Information
Transaction Date
IRT notificatoion
sent
Credit ( +)
Debit ( -)
nWMUs
Permitee Corps
Action ID#
Project Name
Project Contact
1/6/2012
Letter from Corps
24.2
24.2
SAW- 2009 -00189
Barra Farm Phase II Non -
Riparian Wetland
Mitigation Bank
Mickey Sugg
3/16/2012
Letter from Corps
6.4
30.6
SAW- 2009 -00199
Barra Farm Phase II Non -
Riparian Wetland
Mitigation Bank
Mickey Sugg
5/16/2012
Credit Transfer
Certificate Executed
20.52
10.08
5Aw- 2010-01309
PNG /Progress Energy
Sutton
Joey Lawler (S &ME)
10/15/2012
Credit Transfer
Certificate Executed
1.54
8.54
SAW- 2011 -01375
The Marketplace at
Tramway
Jennifer Burdette (Burdette
Land Consulting)
9/21/2012
Credit Reservation
2.8
5.74
SAW- 2011 -01375
The Marketplace at
Tramway
Jennifer Burdette (Burdette
Land Consulting)
lAvallable
Credits 1
30.61
24.861
5.741
1