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HomeMy WebLinkAbout20121013 Ver 1_More Info Received_201301089MY nn Mitigation Credit Reservation Confirmation letter Cripple Creek Stream & Wetland Mitigation Bank January 7, 2013 JAN 8 2013 NC Division of Water Quality U.S. Army Corps of Engineers 401 Oversight /Express Permitting Unit CESAW -RG -R 1650 Mail Service Center Raleigh Regulatory Field Office Raleigh, NC 27699 -1650 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re: Reservation of Compensatory Mitigation Credits Project: M/I Homes — Holland Tract Corps AID #: not yet issued DWQ Proj #: not yet issued This document confirms that the M/I Homes (Applicant) has reserved for purchase up to 412 stream credits and 0.48 riparian wetland mitigation credits from the Cripple Creek Stream & Wetland Mitigation Bank. Restoration Systems (RS) attests to the fact that 0.48 riparian wetland mitigation credits and 412 stream mitigation credits are currently available for immediate transfer from its Official Bank Credit Ledger to Applicant and that as of this date RS has placed these credits into "no- sale"- reservation status under the name of the project referenced on this document (Project). These 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 M/1 Homes — Holland Tract — Compensatory Mitigation — RS — Page I right to terminate this Reservation Letter, in which case RS will have no further obligation to provide mitigation credits to the Applicant. 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 a copy of the Transfer of Liability 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 -9119 Best regards, 74ft Dt# Merl" Tara Disy Allden Regulatory Manager Restoration Systems, LLC M/1 Homes - Holland Tract - Compensatory Mmgatron - RS - Page 2 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. MA Homes — Holland Tract — Compensatory Mitigation — RS — Page 3