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Home My WebLink About20120280 Ver 2_Barra Farms II Transfer of Credit_20121217Transmittal Barra Farms II Transfer of Credit December 10, 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 Wake Forest, NC 27587 Re: Marketplace at Tramway USACE Action ID: SAW - 2011 -01375 NC DWQ Certification #3926 NC DWQ Project #: 2012 -0280, Ver. 2 v44U-e tL 20 I a_ I--k-ca,8ov2 This document confirms that BA Properties, LLC has purchased 2.8 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/Phase 2 (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 2.8 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, lTiEylow Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, NC 27604 Cc: Stewart Precythe, Southern Fars Produce 0 JR17:4 Jennifer Burdette, Burdette Consulting ` Bobby Branch, BA Properties, LLC 1 �� 7 zurz �NR , .� . Barra Farms Phase II WETLAND MMGATION 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 2_8 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 2.8 nonriparian Wetland Credits from the Barra Farms II Mitigation Bank Ledger. M9009272348 I 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. Ibis/ / l/i 0 Date: / Z_ 40 —'z 2- BUYER – BA Branch Properties, LLC Witness: By: z'C-f'z4 "'ol4z Print Name: �� Print Name: Date: 12-10-7.017 Title: Date: 12-jr,-11 Reference: Section 332.2(1) (3) of the Compensatory Mitigation For Losses of Aquatic Resources states: 17f use of a mitigation bank or to -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 o 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." US19W 9272MA U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: BA Branch Properties, LLC Action ID: SAW -011 -01375 Project Name: Marketplace at Tramway/Phase 2 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 them sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the PerrnittWs 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 hums form before conducting authorized impacts, unless offmv4se 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 S-dgft Hydrologic Unit Code (HUC),muldple forms will be attached to the permit, and the separate fors 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 for 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/In4.ku 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 Reauirirh_a Mitigation' 8-dicit HUC and Basin-nanannoa. Cana Fear My-or taarn Stearn Impacts pinear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riparian Non-riverine Coastal 1.4 �If more than one mitigation sponsor will be used for the permit,only Include Impacts to be mitigated by this sponsor. ComPensatory Mitioation R utrements: 8-d it HUC and Basin 5 Fear Rive Basin Stream Mitigation (credits) r Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-riverine Non"Riparian Coastal 28 Mitigation Site Debited: Barra Farms Phase II Weiland Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For WEEP, list NCEEP. If the NCEEP acceptance letter identifies a specific site, also fist the specific site to be debited). Section to be completed by the mitigation Sponsor Statement of Mitigation Liability Acceptance: i, the undersigned, verify that 1 am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and 1 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, 1 understend that if the Sponsor fails to provide the required compensatory mitigation, the USACE WImington District Engineer may pursue measures against the S ensure compliance associated with the mitigation Sponsor to g requirements. IVINS tlon Sponsor Name: IGA Lffl- Name of Sponsors Authorized Representative4hy" f • o J 6w ai of dponsoes Acrized Representative Date of Signature Page I of 2 Form Updated 18 September,2012 USACE VAImington Disf2ict Compensatory Mitigation Responsiblltty Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit~ • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Pernittee is no longer responsible for providing the mitigation Identified in this form, though the Permittee remains resdonsible for any other mitigation requirements stated in the permit conditions. 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 asst 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. Signed copies of this document must be retained by the Permitiee, 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. If changes are proposed to the type, amount, or location of mitigation after this form has bean signed and returned to the USACE, the Sponsor must obtain case-by -case approval from the USACE Project Manager ardor 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 BankIILF Instrument. Comments/Additional Condidons: None 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 Fleld Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 10.5 Wake Forest, North Carolina 27587 Email: c IgJ.brawn @usace.army.mli r Crain J Brown: December 7. 2012 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, inducting information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and watland groupings) is available at http:/Mbits.usaae.army.mtl. Page 2 of 2 The VV*nhgtoth 0W1d rs ao =ftd to provkft ere hkhed w mof support t0 the pubic. To hip us omse we conbue to dos% please omvk to the CustNW Saderadlmh Survey Located at our webeme at tmaUreadamry useoestavW ooml to comptew the survey ovine. Barra Farm Phase II Non - Riparian Wetland Mitigation Bank -- Cape Fear 04&05 Restoration Systems, LLC Corps Action ID # SAW - 2009-00189 DWQ# Credit Reservation Ledger *Credit Reservations: These credits are not available for sale. They have been reserved for specific permits. Non - Riparian Wetland Balance Permitee Information Transaction Date IRT notificamion sent Credit ( +) Debit ( -) nWMUs Permitee Cow Action ID# Permitee Project Nome Project Contact 1/6/2012 Letter from Corps 24.21 24.2 sAw- 2oo9a01e9 Barra Farm Phase on- Riparian Wetland Mitigation Bank Mickey Sugg 3/16/2012 Letter from Corps 6.4 30.6 sAw- 2w9ams9 Barra Farm Phase II Non - Riparian Wetland Mitigation Bank Mickey Sugg 5/1612012 Credit Transfer Certificate Executed 2052 10.08 sAw- 2010aiso9 PNG /Progress Energy PNG /Progress Energy Sutton Joey Lawler (S &ME) 10/15/2012 Credit Transfer Certificate Executed 1.54 8.54 snw- 2osi -ows BA Properties, LLC The Marketplace at Tramway Jennifer Burdette (Burdette Land Consulting) 11/12/2012 CredltTransfer Certificate Executed 0.45 8.09 sAw -2cas -41496 Lake Carolina Homes, LLC Lots 44/76/78/79 Lakeside Manor / Carolina Lakes Jimmy Ray 12/10/2012 Credit Transfer Certificate Executed 2.8 5.29 sAw- 2011a1s?s BA Properties, LLC The Marketplace at Tramway /Phase 2 Jennifer Burdette (Burdette Land Consulting) lAvallable croons__ 30.6 25.321 5.291 1 Credit Reservation Ledger *Credit Reservations: These credits are not available for sale. They have been reserved for specific permits. Non - Riparian Wetland Balance Permitee Information Transaction Date IRT noWcatoion sent Credit ( +) Debit ( -) nWMUs Permitee Corps Action ID# Permitee Project Name Project Contact