20061617 Ver 6_More Info Received_20140714

Burdette, Jennifer a
From: Chris Huysman <chris.huysman @wetland - consultants.com>
Sent: Monday, July 14, 2014 3:00 PM
To: Burdette, Jennifer a
Attachments: wf eep reciepts.pdf
Chris Huysman
336 / 406 -0906
Wetland and Natural Resource Consultants
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G'reg Fergeson
Nli?,rcury Dowc1opment
5660 Six P'brks Read, Site 202
Raleigh, INIC 27609
Project,
cou'rity.,
Dtip Q 4--
t ' 1SACE Action M:
l NEP No.-
Amount Paid-
Check Number-
"Ecosystelp
CORRECTEDRECEIPT
Novernber 14, 2(X)',
Wend0l Falls
Wake
06-1617
21006-20190
RX-200,64872
1048
retLipt L'ormzt's Vpe issl;e'd previousiy datcd Novernb-r 9, 200� , Tim NorLh CaTohna Fxosystfm Eilhancement Progra'm
(NOU-T) has rcceived a check as indicated above as piyawnt for die compensa=y mitigation rmquiremenl,4 oftbt,101 WHIeT
Qua , fily Cevification/&X'don 4OWCANIA Permit(s),iSSoed fo--,,, Llie abovc rife* tnced projem This recedpt stry ,s an
nonfication (hat yr,urn compensatoyy midgabon requirements associated with the auawFi7eA, activity as specified below have
been sa"isfiw you must, also Comply with all outer conditions of this ctrfifieation aa.d any otbet stale, fedeekl or loczll
peimits or authorlution associated with this activity.
The INICTSEP, by aucIAL71ce of this Paynirfit, ackho air dgcs that Lhz NCEFY is r�,qponsible fut tho con tpensalory initigation
remlivernents a ssociated with the projact perti* and agreagto pTovidc the cum peas4ory maigation as -sper-ifiM in die permh
"I last matigation will be performiM in avzordance, W101 rhe of Un-derstailding bemccai the NC Department of
In'tivirariment and Natural Rosotirces and t1wr US Army Corps of Engine"s dated Nlo',,,oernber 4, 1998, as indicaled below,
Rsve'l Bas k4 Weland cmditq 1,& 17
C13 (hrmar feet) (apres) ('sq. Pt"',
mm
Coustal!"Aarsh
Ne=� 0 0 1 21354 2� 15 01
03G,2020
Please note that as pay rnp- n I marle to the Fco, ystrai Enhanceing-n t Ptogram is g2l rei'mbulsable unless a requrst foT
mimbeirs,enri-ent is rvecive8 wiftn 1 monts of tho date of the Teccipt, Any such request must Mso t)e, arcompanicil by letters
froln the pe-Tmith ng a pencif" s stating that the, pet nrLi t and/or au ftn, iutim hav been itscinded-
ne,,,-A additiGnal information, please ronLact KeRy Williams at [phone],
SiTwe'•ely,
M HP'M D. �imore' PE
Director
�X: Cywdi Karo yz NCDWQ Wed-and&401 Veit
Monte Nfaubews, USACE - Haleighl,rholina Htmmingway, TJSA(-'I-: Wilmington
lase tea t i 11 a n.
� NCD%V,Q INTetlands/401 Unit.
"RAd FTduoillger' ageDt
lailc
K"tor"1,19— EkJta"... Protwtl'�tg Our -fta& M65MUR
Nkvth (,,arofina Ecosystom Lnhancernent Program, 1652 MM Service Center, Raleigh, NC 27699.1652 1919-715-04:76 i www-nceep ne!

ti
Regulatory Division
Action ID. 200620!100
Mercury Development
Attn: MT. Greg Ferguson
5660 Six Forks Road, Suite 202
Raleigh, North Carolina 27609
Dear Mr. Ferguson:
October 7, 2008
FILE COPY
SEP 1 7 la
V_ Zo
KftA1VS`fTZ11-,F-1 P.00
Reference the Department of the Army (DA) i permit issued to you on November 1,
2007, which authorized total permanent impacts to 0,16 acre of open water, 2,354 linear
feet of perennial channel, 581 linear feet of intermittent channel, and 3.24 acres of
wetland. Temporary impacts were also authorized in the amount of 0.2 acre of wetlands
for mechanized land clearing, and an additional 2.39 acres of wetlaidds and 625 linear feet
of stream channels for utility line installation, all of which was associated with the
construction of the Wendell Falls Development. The project site is located on the west
side of Martin Pond Road (SR 2503), 2,600 feet north of the intersection of Martin Pond
Rd. and Poole Rd. (SR 1007), in Wendell, Wake County, North Carolina. The site is
comprised of approximately 1,300 acres and is found at Latitude and Longitude in
Decimal Degrees of 35.7694621'N and 78,4220719'W. The project contains unnamed
tributaries of Mark's Creek within the Neuse River Basin (HUC 03020201).
Reference is also made to the compliance inspection conducted by the U.S. Army
Corps of Engineers (Corps) on May 16, 2009, which found several small violations of the
Special Conditions associated with your DA permit. In a letter dated July 9, 2008, your
authorized agent requested an After-ft-Fact permit modification to account for the
violations which were considered unavoidable, The additional impacts requested within
this modification total 88 linear feet of permanent perennial stream impact, 15 feet of
permanent intermittent stream impact, 0.04 acre of permanent wetland impact, and 0.042
acre of temporary wetland impact-

6. The Banker certifies that mitigation credits am immediately available to Transfer anti that all
conditions relating 16: providing the transferred , mitigation of; Permit 'Action .Condition are

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43

ibis agreement 'and acknowrledgment of Transfer of Mitigation sand Implementation nPllan .r
obligations, executed by and between .N rcn ev ler rrten ( Purchaser" } E r_ —WAX
Mid-Atlantic Mid atlenn LLC a Florida limited liability company C S anker"i shall read as
follows:.
W I.TNESSlETH. follows
in consideration of the covenants and considerations recited herein, the parties agrees
anent, Partxea . to the assumption of 8$ tea credits
l.. By execution of this ,Agree Unit
equivalent to, 88 linear feet o warm water � in Neuse Rivet Basin, Cataloging
03020xt11,of mitigation re quiresrneaat of Purchaser four impacts, as sot fortis in`A�.CPE Action No, .
SNdf : County WAKE, 'germ Con `tion..acknowledges and agrees . upon the
execution of the Agreement by Banker,. Purchaser, awl delivery to ACCE of a copy of this
executed Agreement,, that all obligations with respect to this mitigation obligation, shall be the
at of Banker as authorized pursuant to the "Forrest Creek Mitigation Bank",
Miti 'on `
sole obligatio
�� � &.lnstrurseatti";�datecl. Felitvary 2007 . Banker, shall assum+c for this
transferred obligation and be deducted from Bank Credit Ledger
2. Banker acknowledges that purchases his made, full payment to tlse Forrest Creek Mitigation
l3az :nil
-;the . nnitigation obligations so:,t�ansf!Drre .and agrees. to perform tY> n tuit ion as
'clescrs' bed below.
3. The mitigation lxansf d is described,"'
escnbed in A.0 S Action leliimber Z identified under
Permit Ceanelitiaar siid then. subsequent permit: issued Q��7: ,,,2d and. consists of the
requirement to provide mitigatic,rr for impacts to jurisdictional waters. This. mitigation transfer
come ems then purchase i ig credits (f' mitigation Banken A,�s condition ref ALOE Permit
Action No, 200620100, Banker agrees to assume all liability and responsibility conoacriaag the
above mitigation.
4. Pursuant of Mitigation Banking Instrumeint;.Faairr:st Creek Mitigation Baa�Jk'� dated` February
2007„ AiCO agrees that upon receipt of an executed copy of ,this .Agreement transferring
obligations th Banker that ACOE shall look solely to Banker for performance under. Permit for
pu�rposes.:of coopliaridee with these; stream mitigation require:me� its. and shall, Mold Purchasd, its
successors acid .assigns,. harmless with respect to compliance with the. iraunsfen*A. stream
mitigation requirements. as stated in ft Permit and in the event of default pursuant to these
stream mitigation requirements of the Permit, ALOE shall have na recourse against Purchaser.
S. Upon execution of this A by Banker, Banker' shall forward an original of same too
A.COE acknowledging, and agreeing to' the transfer of the cited ixairigation obligations from
Purch aser to Banker and Banker does, by execution of this Agreement,, ag ee to comply With and
ptirftrrin Pt haser'ti obligations foi providing mit ipidoit as sot forth iii AC{7E Permit Pecticare No..
Zd06 000 #'carnrit Coixdatian, as oyffset by their purchase of t�8 Olndits
6. The Br cetti.faes that,mitiotion credits arG immediately .availalales tcl purchaser and that all
conditions relating to providing thee.transferted .ifigat on Hof- l'erralit. �IetitoA 1'�l0 2Qi162
Permit Condition, are satisfied.
7. Bankerlaere3by acknowledges the debit.of 8 ifs from l3anker Mitigation Bank.l:edger.

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