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HomeMy WebLinkAbout20070747 Ver 1_Flat Swamp Bank transfer (EMAIL)_20171207Strickland, Bev From: Merritt, Katie Sent: Thursday, December 07, 2017 12:40 PM To: 'EHI'; 'Robert Kessler' Cc: Higgins, Karen Subject: Flat Swamp Bank transfer Attachments: Conservation Easement_Executed_10_22_09.pdf, Signed MBI_Flat SwampV1.pdf Hey Bob, As a follow-up to our conversation on the phone today regarding GreenVest/Flat Swamp, LLC and their potential decision to no longer want the responsibility of being the Bank Sponsor for the Flat Swamp Mitigation Bank, I am providing you with some information that may be helpful. I have also attached the Flat Swamp MBI and the Flat Swamp Conservation Easement. Please see below... A few approved long term stewards in NC 1. Unique Places to Save 500 Westover Drive #8850 Sanford, NC 27330 2. North Carolina Wildlife Habitat Foundation 300 North Greene Street, Greensboro, NC 27429 Contact: Matthew A. Harrell arrell._C'cin.servation.ggyn.a,1:.cc�m 3. Land and Aquatic Resources Stewardship - Department of Environmental Quality Contact: Ed Hajnos edard,ha�ncrs(ndenr.cav; 919-707-8536 Also, you will need to do the following.... 1. register your business with the State of NC to do business (aka. Sell mitigation credits) here . Then, send me confirmation of approved registration. 2. Until you become a registered business in NC, you cannot make any sales from your bank. Once you are registered, please change Ledger headings and the corresponding Credit Transfer Certificates to the new business name. 3. Have GreenVest send me a signed letter on their letterhead notifying me that they are giving up their rights of ownership of the Flat Swamp Mitigation Bank and are assigning all rights of the Flat Swamp Mitigation Bank (included credit sales) over to your company. Currently, GreenVest Flat Swamp is the legal entity who owns this bank, and without their notification to the State that they are giving up their ownership and transferring that ownership to you, I can't let them out of their Umbrella Mitigation Banking Instrument responsibilities or amend the UMBI without their consent. The UMBI is attached for your convenience. GreenVest/Flat Swamp, LLC is the Bank Sponsor and held accountable under the entire agreement. Please see Section VI. OTHER PROVISIONS. 4. Notify the County that you need to amend the Conservation Easement associated with this site. The Grantor is GreenVest/Flat Swamp, LLC and the Grantee is GreenTrust Alliance, Inc. They need to know what is changing. Are they selling you the land? GreenVest/Flat Swamp, LLC and GreenTrust Alliance, Inc. are bound by Article VI of this Easement to transfer and assign their easement in accordance to the provisions in the Article VI. They cannot just "walk away'. This list will get you started. In the meantime, I will have to ask other people questions about how to move forward and will get back to you on anything new that I find out I may need. Thank you, Katie Katie Merritt Nutrient Offset & Buffer Banking Coordinator 401 & Buffer Permitting Unit North Carolina Department of Environmental Quality Work: 919-607-6371 ................................................................. Website: http://portal.ncdenr.org/web/wq/401bufferpermitting 1_ ..._ ..:..._ .lis u.iry Stireet, Raleigh NC 76 0 1617 Mail Service Center. Paleiralh. NC 27699-1617 Email correspondence to and from this ack1ress is , rrblect to the North a„-mfina Public Records Law and may be c.lisr;frrsed to thirdparties,