HomeMy WebLinkAbout20090858 Ver 2_EEP Credit Transfer Certificate_20140822Strickland, Bev
From: Kulz, Eric
Sent: Friday, August 22, 2014 10:59 AM
To: Strickland, Bev
Subject: FW: Credit Transfer Certificate - Carl -Lloyd nitrogen
Attachments: EEP Credit Transfer Certificate - Carl -Lloyd 8- 22- 14.pdf; Cape Fear Bank ledger (Carl
Lloyd N) 08- 22- 14.pdf
From: Cara Conder [ irmi .leg_o_cIr:(«?_lbxya.ecc�irm.]
Sent: Friday, August 22, 2014 10:53 AM
To: Kulz, Eric
Cc: Matt Fisher; Jurek, Jeff; Merritt, Katie; Higgins, Karen
Subject: Credit Transfer Certificate - Carl -Lloyd nitrogen
Hi Eric,
Please find attached for your signature the Credit Transfer Certificate for the Carl -Lloyd site for nitrogen credits, as well
as a copy of the credit ledger. Let me know if you have any questions.
Thanks,
Cara
Cara Conder
Environmental Banc & Exchange, LLC
909 Capability Drive, Suite 3100
Raleigh, NC 27606
dir: 919 - 829 -9909 x 21
cell: 919 - 608 -5876
fax: 919 - 829 -9913
Founded in 1997, EBX specializes in delivering turnkey solutions to our client's regulatory permit mitigation requirements
through the restoration of rare, diminishing, and degraded ecosystems. The experience and expertise of EBX was built on the
90+ mitigation projects we have in our portfolio, of which over 40 are permitted as mitigation banks. Through these projects
EBX has restored over 100 miles of stream and 10,000 acres of wetlands; reduced over 240 tons of nutrients; and rehabilitated
and preserved over 3,700 acres of endangered species habitats.
Offices in: Camden, South Carolina; Raleigh & Charlotte, North Carolina; Oak Hill, West Virginia; and Baltimore,
Maryland. www.ebxusa.com
1
NCDENR
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- O858v.2), dated April 16, 2012.
This transfer of mitigation bank credits is in response to a request for proposals (RFP# 16- 006100) 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
• Confirms that the use of the credits will comply with the terms and conditions of the original Umbrella
Mitigation Banking Instrument.
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.
• 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.
• 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.
• 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 /or the DWR or other approved
delegated local government issuing the buffer authorization, and the Banking Coordinator,
7652 Mail Service Center. Raleigh, North Carolina 27699 -7652
Phone: 919- 707- 89761Internet: www.nctlenr. gov
An Equal Opporundy'. AI(,mative Action Employer - Wad, 4 part 6y recycled paper
Name of NCEEP
Signature of
Date of Signature
Mitigation 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 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
(� lVWlc�
Phosphorous
80.43
Name of Mitigation Bank: Cape Fear Riparian Buffer and Nutrient Umbrella Mitigation Bank -Carl Lloyd
Mitigation Bank Sponsor: EBX -EM, LLC
Name of Bayr►c nsor''l Authorized Representative: (.Q-0. �a�tL4 ✓
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
DWR Nutrient Offset & Buffer Banking Coordinator Signature
Date of Signature