20090858 Ver 2_Signed Credit Transfer to EEP_20140507

ANT4 � P
CDEN
North Carolina Department of Environment and Natural Resources
Pat McCrory Michael Ellison, Director John E. Skvarla, III
Governor Ecosystem Enhancement Program Secretary
CREDIT TRANSFER CERTIFICATE
EBX -EM, LLC (herein referred to as "Seller"), sponsor of the Carl -Lloyd Mitigation Bank Mitigation Bank in
Orange County, Cape Fear River Basin, 03030002 does hereby transfer to the State of North Carolina
Department of Environment and Natural Resources - Ecosystem Enhancement Program (NCEEP), mitigation
credits, the number and type of which are specified below. These credits have been released pursuant to
Seller's Cape Fear Riparian Buffer and Nutrient Mitigation Umbrella Banking Instrument with the North
Carolina Division of Water Resources (DWR) (DWR # - 2009- 0858v.2), dated April 16, 2012.
This transfer of mitigation bank credits is in response to a request for proposals (RFP# 16- 005806) resulting
in a purchase agreement between NCEEP and the Seller. The purchased credits shall be used to satisfy
compensatory mitigation requirements accepted by NCEEP for nutrient load reductions associated with
approved stormwater management plans and /or for buffer impacts associated with approved
authorizations issued by DWR or other approved delegated local government.
This certificate will be prepared by NCEEP and provided to the Seller for their signature. Once signed, the
Seller will forward the certificate to the DWR Nutrient Offset & Buffer Banking Coordinator (Banking
Coordinator) for approval. Upon approval, the Banking Coordinator will distribute signed copies of the
Credit Transfer Certificate to both the NCEEP and the Seller. Electronic versions (PDF) of this certificate are
preferred for ease of transfer and distribution.
By signing this form, the parties herein agree to the following:
NCEEP (Buyer) Responsibilities
e Confirms that the use of the credits will comply with the terms and conditions of the original Cape Fear
Riparian Buffer and Nutrient Umbrella Mitigation Banking Instrument.
Y Agrees that the use of all purchased credits will comply with the geographic service area limitations of the
umbrella mitigation banking instrument, 15A NCAC 02B .0240 regarding nutrient offset payments, as well
as the applicable buffer mitigation rule. -
0 Update and track all purchased credits in their ledger, identifying the mitigation bank site where the
credit originated so that future permitted impacts associated with that credit can be traced back to the
original credit source.
e For future sales of purchased credits, the NCEEP acceptance letter provided to the permit applicant
should name the source (mitigation bank sponsor and site name) of the credit when possible.
• Once a credit purchased from a bank is associated with a specific nutrient offset and /or buffer
authorization, that credit shall continue to be associated with that nutrient offset and /or buffer
authorization and will not be reassigned to a different nutrient offset and /or buffer authorization.
o For the use of all credits procured from mitigation banks, a copy of the signed Mitigation Responsibility
Transfer Form associated with those credits must be provided to the sponsor of the originating mitigation
bank, the delegated local government requiring the nutrient offset, and /orthe DWR or other approved
delegated local government issuing the buffer authorization, and the Banking Coordinator.
1652 Mail Service Center. Raleigh, North Carolina 27699 -1652
Phone: [phone] Internet: www.ncdenr.gov
An Fgwi oppalundy l A!!imralive Adion Emp!oya - Kide in �..1 by recyc!A t eper

Name of N P t ed Representative:
Signatur f C P uthorized Representative Date of Signature
Mitiga ion Bank (Seller) Responsibilities
• Confirms that the credits sold to NCEEP have been released in writing by the DWR.
• Agrees that they will continue to operate the mitigation bank in accordance with the approved Cape Fear
Riparian Buffer and Nutrient Umbrella Mitigation Banking Instrument.
• Update and track all credits sold to NCEEP in their bank ledger.
• Provide signed copies of the Credit Transfer Certificate and an updated bank ledger showing the
transaction to the Banking Coordinator for signature (address below).
Credits to be Transferred
Riparian Buffer (credits (square feet))
Nutrient Offset (credits (pounds)) '
N/A
Cape Fear 03030002 (Jordan Lake Watershed -Upper New
Hope Watershed)
N/A
Nitrogen
Phosphorous
82.03
Name of Mitigation Bank: Cape Fear Riparian Buffer and Nutrient Umbrella Mitigation Bank -Carl Lloyd
Mitigation Bank Sponsor: EBX -EM LLC
Name of i k Sponsor's Authorized Representative: C avt co K
Signature of Bank Sponsor's Authorized Representative Date of Signature
DWR Responsibilities
• Sign Credit Transfer Certificate within 14 days of receipt, and provide copies of the signed certificate back
to NCEEP and the mitigation bank sponsor (a copy will be kept in the DWR file for both the mitigation bank
and NCEEP)
• If applicable, include the name of the mitigation bank where the credits originated on any DWR
Mitigation Responsibility document (as specified on the NCEEP acceptance letter)
Division of Water Resources: Nutrient Offset & Buffer Banking Coordinator
1650 Mail Service Center
Raleigh, NC 27699 -1650
c
DWR Nutrient Offset & Buffer Banking Coordinator Signature Date of Signature