20080229 Ver 1_Approval Letter_20111122

November 22, 2011
Environmental Banc & Exchange, LLC
Attn: Mr. Tommy Cousins
909 Capability Drive
Raleigh, NC 27606
Re: Credit Release #7 (Year 4)
Forrest Creek Buffer Mitigation Bank
Orange County
DWQ #08-0229
Dear. Mr. Cousins:
Dee Freeman
Secretary
The Division of Water Quality (DWQ) Wetlands, Buffers, Streams, Compliance and Permitting
(WeBSCaPe) Unit has received a copy of the Year 4 Monitoring Report for the above-referenced
buffer mitigation bank.
As indicated in Section 18 (Task 7) of the executed Agreement to Establish the Forrest Creek
Riparian Buffer Mitigation Bank (April 2, 2008), 10% of the credits are to be awarded upon
satisfactory results for the second year of monitoring. The Year 4 Monitoring Report indicates
that planted stem counts along the main channel of Forrest Creek averaged 463 stems per acre
(no plots below 320 stems per acre), the average along the tributary was 543 stems per acre.
By copy of this correspondence, DWQ is releasing the credits indicated in the Agreement for
successful completion of Task 7, and 10% of your riparian buffer credits (0.10 x 658,000 =
65,800 credits) are now available for sale, bringing the total credits released to date to 592,200
credits, or 90% of the total buffer credits to be generated at this site.
As always, please copy DWQ on all correspondence related to credit sales, referencing the DWQ
project number associated with the impacts for which credits are being purchased as
compensatory mitigation.
Please be reminded you must transfer or assign the existing conservation easement and its
interests in perpetuity to a qualified holder under N. C. General Statute ( "G. S. ') 121-34 et seq.
and 170(h) of the Internal Revenue Code. The holder shall be a land trust or stewardship
program that will hold and enforce the conservation easement and the interests. The land trust
or stewardship program must be accredited by the Land Trust Accreditation Commission and /or
Wetlands, Buffers, Storinwater, Compliance and Penniffing Unit (VveBSCaPe)
1650 Mail Service Center, Raleigh, Nodh Caiolin 1 27699 1650 One
Phone, 919 -807 -63001 FAX [phone] NorthCarofina
Internet: http: / /portatncdenrorg /web /wq/ws
An Equal OPPOftnity 1 Affirmative Action Employer AVA(A711b,

Mr. Cousins
Forrest Creek Mitigation Bank
Page 2 of 2
November 22, 2011
has been approved by DWQ prior to the last credit release. A land trust must be certified under
501(c) (3) of the Internal Revenue Code and must have the qualifications outlined in G. S. 105-
130.24 and G.S. 105- 151.12.
Please feel free to contact Amy Chapman at (919) 807 -6400 if you have any questions regarding
this correspondence.
Sincerely,
Karen Higgins, Supervisor
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit
cc: File Copy
Monte Matthews, USACE Raleigh Office
Lauren Witherspoon - Raleigh Regional Office
File Name: 080229ForrestCreekBufferMitigationBank (Orange)CreditRls'rask7