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Home My WebLink About20090858 Ver 2_Staff Comments_20140822Strickland, Bev From: Kulz, Eric Sent: Friday, August 22, 2014 1:14 PM To: Strickland, Bev Subject: FW: Credit Transfer Certificate - Carl -Lloyd nitrogen Attachments: Credit Transfer Certificate - Carl Lloyd 8- 22- 14.pdf 09- 0858v2 From: Kulz, Eric Sent: Friday, August 22, 2014 1:13 PM To: 'Cara Conder' Cc: Matt Fisher; Jurek, Jeff; Merritt, Katie; Higgins, Karen Subject: RE: Credit Transfer Certificate - Carl -Lloyd nitrogen 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 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 Sellers 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 -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, 1SA 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. 1652 Mail Service Center. Raleigh, Noah Carolina 27699.1652 Phase: 919-707-8976 1 Internet. www.ncdeni gov fs ECUa!rkrCriomg -'. 4!Aininure �C!'pr En, MVe� 6tr0.'u�y,q �- rP:SC!cd;A!P.i Name of NCEEP Signature of IYAWuo6rized Representative 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) Nitrogenn Phosphorous IV W40. N/A 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 Ba/r)c Sponsor Authorized Representative: l.' -a fakal ✓ 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 Resource : utrient Offset & Buffer Banking Coordinator 50 Mail Service Center Raleigh, NC 27699 -1650 214E D R Nutrient et Buffer Banking Coordinator Signature Date of S gnatu e