20080229 Ver 2_Mitigation Bank Information_20130618

1 ti M
LETTER OF TRANSMITTAL Id
909 Capability Drive, Suite 3100
Raleigh, NC 27606
919,829 -9909 — PH
919 -829 -9913 — FAX
10055 Red Run Boulevard, Suite 130
Owings Mills, MD 21117
410 - 356 -5159 — PH
410- 356 -5822 — FAX
604 Greene Street, Suite 100
Camden, SC 29020
8034324890 — PH
410 - 356 -5822 — FAX
13Th Main Street, Suite 210
Oak Hill, WV 25901
3044654300 — PH
3044654302 — FAX
TO: Division of Water Quality
DATE:
June 18, 2013
1650 Mail Service Center
Raleigh, NC 27699 -1650
ATTN: Katie Merritt
RE: Hard copies of credit sales documentation for the
Forrest Creek Bank Site
We are sending via: ❑ Overnight 0 Regular Mail Pick-Up Hand Delivered
The following items: ❑ Correspondence ❑ Plans Specifications Other as listed below:
COPIES
DATE
NO.
DESCRIPTION
1
6/18/13
Hard copies of Affidavits, ledgers, and verification
letters dated 11/27/12 to 6/14/13 for the Forrest Creek
Site
1
6/18/13
CD of Affidavits, ledgers, and verification letters dated
11/27/12 to 6/14/13 for the Forrest Creek Site
These are transmitted as checked below:
E] For Approval As Requested Approved as Submitted Returned for Corrections
. For Your Use For Review and Comment Approved as Noted For Your Signature
REMARKS:
Please find enclosed the following items: Affidavits, approval letters, and ledgers for the Forrest
Creek Site.
Thank you,
Cara Conder
COPY TO: Matt Fisher
SIGNED: Oa,&- w

EBX-EM, LLC FORREST CREEK MITIGATION BANK
FORREST CREEK RIPARIAN BUFFER CREDIT LEDGER
2rAGM3
DWO Project Number 2008-0
Transaction Potential Credits Released to Bank Credits Debited frorn Bank
Number Credits Square Feet Acres Square Feet Acres
Credit Balance
Square Feet Acres
Contract Closing
Purchaser prafed Data Date
1
131,600.00
131,600.00
3.02
131,800
3.02
Credit
Released
7/1802008
2
131,600.00
131,600.00
3.02
263,200
6.04
Credit
Released
7/29/2008
3
360.00
0.01
262,840
6.03
Rogers
11/13/08
4
12,416.00
0.29
250,424
5.75
Falls ment
11/25/08
5
-
9,600.00
0.22
240,824
5.53
Vapor P
oller Properties
V8/09
6
-
1,575.00
0.04
239.249
5.49
C of Ralegih
Concourse Interne P
1/8/09
7
65,800.00
65,800.00
1.51
305,049
7.00
Credit
Released
4/2412009
8
65,800.00
65,800.00
1.51
370,849
8.51
Credit
Released
6/15/2009
9
150.00
0.00
370,699
8.51
Rogers
8/15109
10
93,738.00
2.15
276,961
6.36
Town of F Varina
own of F - Varina
7/22/09
11
82,481.00
1.43
214,480
4.92
C of Raleigh
City of Raleigh
8/22109
12
4,410.00
0.10
210,070
4.82
C of Raleigh
City of Raleigh -
2110/10
13
15,090.00
0.35
194,980
4.48
C of Raleigh
C of Raleigh - Commerce
3/14/10
14
65,800.00
65,800.00
1.51
260,780
5.99
Credit
Released
3/24/2010
15
-
35,948.00
0.83
224,832
5.16
Cq of Raleigh
lCity of Raleigh - Dunn Rd
1 611/10
16
-
6,045.00
0.14
218,787
5.02
City of Raleigh
City of Raleigh - P r Creek
8/9/10
17
-
7,059.00
0.16
211,728
4.86
City of Raleigh
ICKY of Raleigh - Bentley Woods
1 8/16/10
16
I
-
163,772.00
3.76
47,956
1.10
IPublic Service Company of NC
I 10127110
19
65.800.00
65,800.00
1.51
113,756
2.61
Credit
Released
1/19/2011
20
-
26,142.00
0.60
87,614
2.01
City of Raleigh ::[C:tty
of Raleigh - Crabtree
9/22/11
21
-
31,152.00
0.72
56,462
1.30
x -SR1444 -Lufldn Road
9/28/11
22
65,800.00
65,800.00
1.51
122,262
2.81
Credit
Released
11/22/2001
23
50,849.00
1.17
71,413
1.64
US Foodservice, Inc.
PAbulon Expansion
2115112
24
3,368.60
0.08
88,044
1.56
City of Durham
lCarver Street Extension
11/21/12
11/27112
25
40,693.50
0.93
27,351
0.63
VNCPSS
lRichland Creek Elementary School
1/16/13
2M13
Tofal
1
592,200.00
13.60
564.849.10
12.97
27,351
1 0.63

AFFIDAVIT OF CREDIT SALE
FORREST CREEK RIPARIAN BUFFER MITIGATION BANK
NEUSE 03020201
The undersigned, EBX -EM, LLC, the Sponsor of the Forrest Creek Riparian Buffer Mitigation
Bank (the Bank "), hereby certifies the following:
The Wake County Public School System has deposited monies with the Sponsor
sufficient to acquire 40,693.50 Riparian Buffer Mitigation Bank Credits /Square
Feet (the "Credits ") from the Forrest Creek Riparian Buffer Mitigation Bank for
use on its Richland Creek Elementary School project (DWQ Project #12 -1087 v2
and USACE Action ID SAW- 2008 - 03113) in Wake County.
2. The Richland Creek Elementary School project requires a total of 40,693.50
Riparian Buffer Mitigation Credits in HUC Neuse 01 as part of its mitigation. Of
this amount 40,693.50 Credits are being provided by the Forrest Creek Riparian
Buffer Mitigation Bank Site.
3. This sale is complete and the Sponsor has deducted 40,693.50 Riparian Buffer
Mitigation Credits from the Bank's Official Credit Ledger from the Forrest Creek
Riparian Buffer Mitigation Bank Site.
A copy of the Forrest Creek Riparian Buffer Mitigation Site Credit Ledger reflecting the above
transaction as complete will be provided to State and Federal Regulatory Agencies.
EBX -EM, LLC }�
By: �C
Matthew Fisher, Authorized Agent
Date: 02/26/2013
Copies will be sent to:
Katie Merritt, Buffer Coordinator, Division of Water Quality, 1650 Mail Service Center, Raleigh, NC
27699 -1650

V
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
January 11, 2013
DWQ Project # 12 -1087 v2
Wake County
Wake County Board of Education
Attn: Tim Driscoll
Facilities Building
1551 Rock Quarry Road
Raleigh, NC 27610
Subject Property: Approval of 401 Water Quality Certification and
Authorization Certificate per the Neuse Riparian Buffer Rules
Richland Creek Elementary School
Dear Mr. Driscoll:
You have our approval, in accdrdance with the attached conditions and those listed below, to
place fill within or otherwise permanently impact 198 linear feet of stream, temporarily impact
57 linear feet of stream, temporarily impact 1,839 square, feet of Zone 1 Neuse River Basin
protected riparian buffer and 6,032 square feet of Zone 2 Neuse River Basin protected riparian
buffer, and permanently impact 11,460 square feet of tone 1 Neuse River Basin protected
riparian buffer and 4,209 square feet of Zone 2 Neuse River Basin protected riparian buffer as
described within your application received by the N.C. Division of Water Quality (Division) on
November 30, 2012 with additional information received on December 14, 2012 and January
11, 2013. This Certification replaces the Certification issued on Decernber.21, 2012: The
impacts are covered by General Water Quality Certification Number(s) 3890 (GC3890), which
allows you to use Nationwide Permit(s) NW39 when Issued by the US Army Corps of Engineers
(USACE), and this Buffer Authorization- Certificate. 1n addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your
project including (but not limited to) Erosion and Sediment Control, Non - discharge, and other
regulations. This approval to proceed with your proposed impacts or to conduct Impacts-to
waters as depicted In your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval Is for the purpose and design that you described in your application. if you
change your project, you must notify us and you may be required to send us a new application.
If -the property is sold, the new owner must be given a copy of this Certification and approval
letter and is thereby responsible for complying with all conditions. If total fills for this project
(now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory
West *. f g n water, Compliance era ftnmv unh (WeSSCaft)
1650 fast Berme Center. Rfth, North Cens 278991650
Pk= 919 07401 FAX: 9190 4W
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An Equal Opporb* 1 Affinnallve Add BRdger
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Richland Creek Elementary School
Page 2 of 4
January 11, 2013
mitigation may be required as described In 15A NCAC 02H -.0506 (h). This approval requires
you to follow the conditions listed in the attached certification and any additional conditions
listed below. ,
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved Including incidental impacts: I .
TVpe of Impact
Amount Approved (Units)
Plan Location or Reference
Stream — temporary
57 linear feet)
PCN pg 5 of 12
Stream — permanent
198 ' (Ilnear feet)
PCN pg 5 of 12 '
Zone 1 Buffers —temporary
1,839 square ft.
PCN pg 7 of 12
Zone 2 Buffers — temporary
6,032 ( usre ft:)
PCN pg 7 of 12
Zone 1 Buffers — permanent
11,460 (square ft.)*
PCN pg 7 of 12
Zone 2 Buffers — permanent
4,209 (square ft.)
PCN pg 7 of 12
2. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
Infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H.0500.
3. You must revegetate all disturbed areas within the buffers as described in your application. If
you need additional information on plantings, see Guidelines for Buffer Restoration available
at: http: / /uortal.ncdenr.org/c /document library /get file ?uuid= e46ec613- 90f8- 4e22 -973c-
57c863afc737 &grouDld= 383'64
4. You are. required to provide one copy of the approved SMP, including plan details on full -
sized plan sheets, with proof of the town of Wake Forest's approval. The approved SMP
must be submitted,to the DWQ Webscape Unit (1650 Mail Service Center, Raleigh, NC
27699-1650) before any impacts authorized In this certification occur. The following
requirements also apply:
• The approved SMP must be constructed and operational before any permanent building
or other structure Is occupied at the site.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the town of
Wake Forest. A copy of the approval letter-and the modified SMP must be submitted to
the DWQ Webscape•Unit prior to the commencement of the modifications.

%I
Richland Creek Elementary School
Page 3 of 4
January 11, 2013
5. You must revegetate all disturbed areas within the buffers as described in your application. If
you need additional information on plantings, see Guldelines for Buffer Resfomdon available
at: http: / /portal.ncdenr.ora/c /document library /eet file?uuid=e46ec613-90f8-4e22-973c-
57c863afc737 &arouoid =38364
6. Compensatory Mitigation
Mitigation must be provided for the impacts described in the PCN as specified in the table
below. We understand that you wish to purchase stream mitigation credits from the Neu -
Con Stream Umbrella Mitigation Bank and riparian buffer credits from the Forrest Creek
Riparian Buffer Mitigation Bank/Rudolph Riparian Buffer Bank to meet these mitigation
requirements. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. A Mitigation Credit Statement of Availability from the Sponsor of
the Neu -Con Stream Umbrella Mitigation Bank, dated January 11, 2013 reserving credits
sufficient to provide compensatory mitigation for the proposed stream impacts was
included with the application, and a Mitigation Credit Statement of Availability (revised)
from the Sponsor of the Forrest Creek Riparian Buffer Mitigation Bank/Rudolph Riparian
Buffer Bank, dated December 12, 2012 reserving credits sufficient to provide compensatory
mitigation for the proposed buffer impacts was included with the application. Until the
Neu -Con Stream Umbrella Mitigation Bank and Forrest Creek Riparian Buffer Mitigation
Bank/Rudolph Riparian Buffer Bank receives and clears your check, no impacts specified
In this Certification shall occur.
For accounting purposes, this Certification authorizes credits reserved with the Neu -Con
Stream Umbrella Mitigation Bank and Forrest Creek Riparian Buffer Mitigation
Bank/Rudolph Riparian Buffer Bank to meet the following compensatory mitigation
requirement:
Type of Impact
Compensatory Mitigation Required
River and Sub -basin
Number
Stream
198 Linear Feet
Neuse /03020201
Buffer Zone 1
11,460 Square Feet
Neuse /03020201
Buffer Zone 2 16,313
Square Feet
Neuse /03020201
7. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
8. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place at the time of recording
of the property, or of individual lots, whichever is appropriate. A sample deed notification

W
Richland Creek Elementary School •
Page 4 of 4
January 11, 2013
can be downloaded from the Wetlands, Buffers, Stonmwater, Compliance and Permitting
Unit web site at:
htto: / /Dortal.ncdenr.org/web /wa /swo /ws/ 401 /CertsandPerm its /apply /forms. The text of
the sample deed notification may be modified as appropriate to suit to this project.
9. Certificate of Completion
The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWQ Webscape Unit within ten days of project completion (available at:
htto. / /Dortal.ncdenr.ora/web /wo /swo /ws /401 /CertsandPerm its /apply /forms).
You can contest this Certification as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings.
You may obtain a petition form from the Office of Administrative Hearings at
httD: / /www.ncoah.com/ or call (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the
Office of Administrative Hearings. A petition is considered filed when the original and one (1)
copy is received in the Office of Administrative Hearings during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided
the original and one copy of the petition is received by the Office of Administrative Hearings
within five (5) business days following the faxed transmission.
Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings,
6714 Mail Service Center, Raleigh, NC 27699 -6714.
One (1) copy of the petition must also be served to DENR: Lary Presnell, General Counsel,
DENR, 1601 Mail Service Center, Raleigh, NC 27699 -1601.
Unless such a petition is filed, this Certification shall be final and binding.
Sincerely,
r
Karen Higgins, Sup sor
Wetlands, Buffers, Stormwater — Compliance &
Enclosures: GC3890
cc: USACE Raleigh Regulatory Field Office JUN 2 0 2013
DWQ Raleigh Regional Office
Walter Cole, S&ME, Inc. 3201 Spring Forest Road, Raleigh, NC 27616 Wb e> e
File Copy
Ffename:12 rySdwd(Wake)4M_NBR door
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