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