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HomeMy WebLinkAbout20170480 Ver 1_Mitigation Bank Receipt_20171211Burdette, Jennifer a From: Tiffani Bylow < tbylow@ resto ratio nsystems.com > Sent: Monday, December 11, 2017 4:21 PM To: 'Lastinger, James C SAW (James.C.Lastinger@usace.army.mil)'; Tugwell, Todd SAW; Hughes, Andrea W CIV USARMY CESAW (US); Dailey, Samantha J CIV USARMY CESAW (US); Burdette, Jennifer a Cc: Chris Wu; James Zieglmeier; Lisa Johnson; Tiffani Bylow Subject: [External] 3M Pittsboro Mine - SAW -2013-02028 Attachments: CMRTF_3M Pittsboro Mine_2013-02028_cripple creek.pdf, Cripple Creek Ledger_ 3M.PDF; CMRTF_3M Pittsboro Mine_2013-02028_bass stream.pdf; Bass Mountain Ledger_3M.PDF; 3M Pittsboro Mine -bass buffer.pdf CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to report. spam@nc.gov. Find attached the Compensatory Mitigation Responsibility Transfer Forms and accompanying ledgers, all documents serve to complete the compensatory mitigation for the above -referenced permit action for 2017. Let me know if you have any questions or need additional information. Sincerely, Tiffani Tiffani BylowlRestoration Systems, LLC 1101 Haynes St.lSuite 211IRaleigh, NC 27604 p: 919.334.91231c: 919.754.72781f. 919.755.9492 www.restorationsystems.com Mitigation Credit Transfer Certificate December 7, 2017 3M 4191 Highway 87 South Moncure, NC 27559 Bass Mountain Bank Parcel ID: DWR 909-0622 NC Division of Water Resources Project Name: 3M Pittsboro Mine Transaction Number: Riparian Buffer Credits Transferred: 139,075.20 sf 8 digit-HUC: 03030002 River Basin: Cape Fear — Haw River sub -watershed You have elected to fulfill your permitted Cape Fear riparian buffer mitigation requirements by participating into Restoration Systems' Cape Fear River Basin Riparian Buffer and Nutrient Mitigation Umbrella Bank. The Bank has transferred the riparian buffer requirement for the above referenced project. This project is in compliance with the Jordan Water Supply Nutrient Strategy: Protection of Existing Riparian Buffers [15A NCAC 02H.0267]. You must also comply with any other state, federal or local government permits or authorization associated with this activity including SL 2009-337, An Act to Promote Compensatory Mitigation Banks. This participation into the Bank is not transferable. If you have any questions or need additional information, please contact Tiffani Bylow at (919) 334-9123. Sincerely, Tiffani Bylow CC: (at later date) DWR-Katie Merritt, Nutrient Offset Bank Coordinator Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh NC 27604 919-755-9490 tbylow(c).restorationsystems.com www.restorationsystems.com U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: 3M Company Attn: James Zieglmeier Action ID: SAW -2013-02028 Project Name: 3M Pittsboro Mine County: Chatham Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements Permitted Impacts Requiring Mitigation*: 8 -digit HUC and Basin: 03030002, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.15 1 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03030002, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.30 Mitigation Site Debited: Restoration Systems -Cripple Creek Stream and Wetland Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Restoration Systems, LLC Name of Sponsor's Authorized Representative: John Preyer Signature of Sponsor's Authorized Representative 12-07-2017 Date of Signature Page 1 of 2 Form Updated 14 September, 2017 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page ane of this farm can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remainsfully responsible for the mitigation until the USACE has received this farm, confirming that the Sponsor has accepted responsibility for providingthe mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the BanVILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this farm has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This mitigation Transfer form constitutes the first of 5 phased mitigation payments as outlined in special condition r) and the table below: Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at htto:l/regulatorv.usacesurvev.com/ to complete the survey online. Mitigation Mitigation Payment Y Required Payment Deadline 1 506.6 EMU's 1/30/201 S 0.3 am of wetlands 2 506.6 SMU's 1/30/2019 3 506.6 SMU's 1/30/2020 1130!2021 4 506.6 SMU's 1/30/2022 5 506.6 SMU's Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at htto:l/regulatorv.usacesurvev.com/ to complete the survey online. U.S. ARMY CORPS OF ENGINEERS Wilmington District This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (email. todd.tug well@usace.army. mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: James Lastinger USACE Field Office: Raleigh Regulatory Field Office U5 Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Email: james.c.lastinger@usace.army.mil °S�R `ESLASTINGER.JAMEATN�EJAME.C.1363642400 DN: r -US, o -US. Government, ou-DoD, ou-PKI, S.C.1363642400 Date: 2017.12.0409: 3E 6-0 '00.1363642400 USACE Project Manager Signature December 4, 2017 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. Page 1 of 2 Form Updated 14 September, 2017 Cripple Creek Stream & Wetland Mitigation Bank -- Cape Fear 02 Service Area Restoration Systems, LLC Corps Action ID # SAW -200701188 DWQ # 08-1143 MBI approved: 12/1/2009 SMUs 4,487 revised downward 31 SMUs from 4,518 @ As -Built document. riparian WMUs 6.40 nonriparian WMUs 1.45 7.85 Credit Release Schedule - Revised @ Task 2 (4-21-2011) Task # Description % Wetland Credit Release % Stream Credit Release # of riparian WMUs # of nonriparian WMUs # of SMUs Actual Release Release Date anticipated release date I MBI execution, land protection, financial assurances 15% 15% 0.96 0.218 677.70 2/4/2010 II Construction w/Corps site inspection 15% 15% 0.96 0.218 668.40 4/21/2011 III Year 1 Monitoring Report 10% 10% 0.64 0.145 448.70 12/1/2011 IV Year 2 Monitoring Report 10% 10% 0.64 0.145 448.70 12/16/2012 V Year 3 Monitoring Report 10% 10% 0.64 0.145 448.70 12/16/2013 VI Year 4 Monitoring Report 10% 10% 0.64 0.145 448.70 12/9/2014 VII Year 5 Monitoring Report 10% 15% 0.64 0.145 673.05 12/3/2015 VIII Year 6 Monitoring Report 10% n/a 0.64 0.145 n/a 12/6/2016 IX Year 7 Monitoring Report 10% n/a 0.64 0.145 n/a 11/28/2017 X Full site success & transfer of easement to longterm holder n/a 15% n/a n/a 673.05 11/28/2017 Additional credits not shown in final mitigation plan 0.51 n/a n/a 0.408 4/14/2016 0.051 12/6/2016 0.051 11/28/2017 Total 100% 100% 6.91 1.45 4,487.00 (80%) of credits released Cripple Creek Stream & Wetland Mitigation Bank -- Cape Fear 02 Service Area Restoration Systems, LLC Corps Action ID # SAW -200701188 DWQ # 08-1143 Riparian Wetland Nonriparian Wetland Stream Balance Permitee Information IRT notification Permitee Corps Transaction Date Credit (+) Debit (-) Credit (+) Debit (-) Credit (+) Debit (-) rWMUs nrWMUs SMUs project Name Permittee sent Action ID# Cripple Creek Stream & 2/4/2010 Letter from Corps 0.96 0.218 677.70 0.960 0.218 677.70 SAW -2007-01188 Wetland Mitigation Bank Andrew Williams Credit Transfer Certificate John Meshel, Bob Zarzecki 7/20/2010 Executed 0.75 677.70 0.210 0.218 0.00 200703073201 Alamance Crossing, LLC (S&EC) Cripple Creek Stream & 4/21/2011 Letter from Corps 0.96 0.218 668.40 1.170 0.435 668.40 SAW -2007-01188 Wetland Mitigation Bank Andrew Williams Credit Transfer Certificate High Croft Village Phase 9/22/2011 Executed 20.00 1.170 0.435 648.40 SAW -2008-1444 II Troy Beasley (W&R) Cripple Creek Stream & 12/1/2011 Letter from Corps 0.64 0.145 448.70 1.810 0.580 1097.10 SAW -2007-01188 Wetland Mitigation Bank Andrew Williams Credit Transfer Certificate Town of Cary - Yates 2/27/2012 Executed 466.00 1.810 0.580 631.10 unknown Store Road Extension Troy Beasley (W&R) Credit Transfer Certificate Town of Cary - 11/26/2012 Executed 0.14 1.670 0.580 631.10 SAW -2005-20159 wastewater Ben Nash (B&C) Credit Transfer Certificate 10/12/2012 Executed 0.50 1.170 0.580 631.10 SAW -2012-00541 Fryar Res. Subdiv. Jennifer Burdette Credit Transfer Certificate 9/4/2012 Executed 0.10 1.070 0.580 631.10 SAW -2012-01347 Piedmont Nat. Gas Darrin Peine (S&ME) Credit Transfer Certificate 11/16/2012 Executed 1.06 0.04 20.00 0.010 0.540 611.10 SAW -2005-20159 Town of Apex Troy Beasley (W&R) Letter from Corps - Cripple Creek Stream & 12/18/2012 Year 2 monitoring 0.64 0.145 448.70 0.650 0.685 1059.80 SAW -2007-01188 Wetland Mitigation Bank Andrew Williams Credit Transfer Certificate 3/6/2013 Executed 0.24 168.00 0.410 0.685 891.80 SAW -2012-01670 M/I Homes Troy Beasley (W&R) Credit Transfer Certificate 3/6/2013 Executed 168.00 0.410 0.685 723.80 DWQ only Parkside Commons Kevin Yates Credit Transfer Certificate Project not 4/8/2013 Executed 0.54 0.410 0.145 723.80 specified EEP purchase Jeff Jurek Credit Transfer Certificate 5/8/2013 Executed 252.00 0.410 0.145 471.80 SAW -2009-00106 Legend Oaks, Phase III Jennifer Burdette Credit Transfer Certificate 6/24/2013 Executed 0.13 40 0.280 0.145 431.80 SAW -2012-01665 Buckhorn-Mebane Craig Benedict (Orange County) Mitigation Responsibility Transfer Form Greensboro Auto 8/2/2013 Executed 431.80 0.280 0.145 0.00 SAW -2010-00636 Auction Michael Brame (ECS) Mitigation Responsibility Transfer Form PSNC - Duke Univ. 8/28/2013 Executed 0.03 0.250 0.145 0.00 SAW -2013-00691 Pipeline Walter Cole (S&ME) Mitigation Responsibility Transfer Form 12/5/2013 Executed 0.17 0.080 0.145 0.00 SAW -201300777 WS -Forsyth (Reedy Fork John Jamison (HDR) Letter from Corps - Cripple Creek Stream & 12/16/2013 Year 3 monitoring 0.64 0.145 448.70 0.720 0.290 448.70 SAW -2007-01188 Wetland Mitigation Bank Andrew Williams Mitigation Responsibility Transfer Form 1/20/2014 Executed 0.03 0.690 0.290 448.70 SAW -201301585 The Plazza @ Stonewate Deborah Shirley (S&EC) Mitigation Responsibility Green Hope Crossing Transfer Form Subdivision -- Meritage 3/24/2014 Executed 0.56 448.00 0.130 0.290 0.70 SAW -2014-00268 Homes Troy Beasley (W&R) Mitigation Responsibility Transfer Form Line T-021 B Pipeline 7/24/2014 Executed 0.12 0.010 0.290 0.70 SAW -2014-00846 Project Crystal Fox (S&ME) Andrew Williams Permit re -issued to reflect lower impacts. Because Line T-021 B Pipeline of lowered impacts, no mitigation 8/15/2014 Re -issue of Permit 0.12 0.130 0.290 0.70 SAW -2014-00846 Project will be required Letter from Corps - Cripple Creek Stream & 12/9/2014 Year 4 Monitoring 0.64 0.145 448.70 0.770 0.435 449.40 SAW -2007-001188 Wetland Mitigation Bank Andrew Williams/Jean Gibby Mitigation Responsibility Transfer Form The Farm @ Forest 1/12/2015 Executed 0.202 0.016 0.568 0.419 449.40 SAW -2014-01591 Oaks Eric McClanahan Mitigation Responsibility Transfer Form Line T-021 B Pipeline 1/23/2015 Executed 0.0721 0.568 0.347 449.40 SAW -2014-00846 Project Crystal Fox (S&ME) Cripple Creek Stream & Wetland Mitigation Bank -- Cape Fear 02 Service Area Restoration Systems, LLC Corps Action ID # SAW -200701188 DWQ # 08-1143 Riparian Wetland Nonriparian Wetland Stream Balance Permitee Information IRT notification Permitee Corps Transaction Date Credit (+) Debit (-) Credit (+) Debit (-) Credit (+) Debit (-) rWMUs nrWMUs SMUs project Name Permittee sent Action ID# Mitigation Responsibility Transfer Form Glennjan, LLC, Montvale 2/9/2015 Executed 0.178 0.390 0.347 449.40 SAW -2013-01346 Subdivision SF7 & SF9 Troy Beasley (W&R) Mitigation Responsibility Transfer Form East Cone Blvd & 3/16/2015 Executed 0.050 449.00 0.340 0.347 0.40 SAW -2011-00274 Nealtown Rd. Extensions Brandon Phillips Letter from Corps Cripple Creek Stream & 12/3/2015 Year 5 Monitoring 0.64 0.145 673.05 0.980 0.492 673.45 SAW -2007-001188 Wetland Mitigation Bank Andrew Williams/Jean Gibby Mitigation Responsibility Transfer Form 3/22/2016 Executed 0.370 0.610 0.492 673.45 SAW -2014-00206 Parkside Villas Tasha Alexander Mitigation Responsibility Transfer Form Lake Castleberry 3/22/2016 Executed 0.012 0.598 0.492 673.45 SAW -2013-01277 Amenity Center James Lastinger Letter from Corps - Supplemental Cripple Creek Stream & 4/14/2016 Wetlands 0.408 1.006 0.492 673.45 SAW -2007-001188 Wetland Mitigation Bank Andrew Williams Mitigation Responsibility Transfer Form Arcadia Ridge 4/18/2016 Executed 0.480 0.526 0.492 673.45 SAW -2014-01190 Subdivision Jeff Harbour Mitigation Responsibility Transfer Form 4/18/2016 Executed 502.450 0.526 0.492 171.00 SAW -2015-00920 PTIA HAECO Expansion Richard Darling Mitigation Responsibility Transfer Form 6/13/2016 Executed 0.030 0.496 0.492 171.00 SAW -2014-02171 Sweetwater Subdivision Troy Beasley (W&R) Mitigation Responsibility Transfer Form Joel Carpenter,The 6/29/2016 Executed 0.318 0.178 0.492 171.00 SAW -2013-01739 Estates at Yates Pond Deborah Shirley (S&EC) Mitigation Responsibility Transfer Form Greenmoor residential 8/1/2016 Executed 0.060 24.000 0.118 0.492 147.00 SAW -2013-00656 subdivision Deborah Shirley (S&EC) Letter from Corps- Cripple Creek Stream & 12/6/2016 Year 6 monitoring 0.691 0.145 0.809 0.637 147.00 SAW -2007-001188 Wetland Mitigation Bank Andrew Williams Mitigation Responsibility Transfer Form Olive Chapel Rd. Force 12/21/2016 Executed 0.178 0.631 0.637 147.00 SAW -2015-01484 Main & water line Deborah Shirley (S&EC) Mitigation Turnage Heights Lift Responsibility Station Abandonment & Transfer Form Mud Creek Outfall City of Durham Department of 1/10/2017 Executed 0.100 0.531 0.637 147.00 SAW -2016-0113 Project Water Management Mitigation Responsibility Transfer Form Jordan Manors 3/7/2017 Executed 147.000 0.531 0.637 0.00 SAW -2015-01483 Subdivision Jordan Manors Developers, LLC Mitigation Responsibility Transfer Form 3/9/2017 Executed 0.038 0.493 0.637 0.00 SAW -2014-01347 Smith Farm Subdivision Lennar Carolinas LLC Mitigation Responsibility Transfer Form Horse Pen Creek Rd 3/14/2017 Executed 0.380 0.113 0.637 0.00 SAW -2013-01953 Widensing City of Greensboro Mitigation Responsibility Transfer Form Jordan Pointe off site 4/11/2017 Executed 0.028 0.085 0.637 0.00 SAW -2013-02264 sewer WS -JPA, LLC Mitigation Responsibility Transfer Form Secluded Acres 4/11/2017 Executed 0.060 0.025 0.637 0.00 SAW -2014-02161 residential subdivision Raleigh Land Fund, LLC Mitigation Responsibility WCPSS M-16 site - Transfer Form proposed Northwest Wake County Public School 6/27/2017 Executed 0.012 0.480 0.013 0.157 0.00 SAW -2012-01212 Cary Middle School System Letter from Corps- Cripple Creek Stream & 11/28/2017 year 7 monitoring 0.69 0.145 0.704 0.302 0.00 SAW -2007-001188 Wetland Mitigation Bank Andrew Williams Full site success & Cripple Creek Stream & 11/28/2017 transfer of CE 673.050 0.704 0.302 673.05 SAW -2007-001188 Wetland Mitigation Bank Andrew Williams Mitigation Responsibility Transfer Form 12/7/2017 Executed 0.300 0.404 0.302 673.05SAW-2013-02028 3M Pittsboro Mine 3M Company 7.030 6.6261 1.450 1.1481 4487.00 3813.951 0.404 0.302 673.05 Totals U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: 3M Company Attn: James Zieglmeier Action ID: SAW -2013-02028 Project Name: 3M Pittsboro Mine County: Chatham Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements Permitted Impacts Requiring Mitigation*: 8 -digit HUC and Basin: 03030002, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine FRiparian Non-Riverine Non -Riparian Coastal 2,533 Coastal 506.6 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03030002, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 506.6 Mitigation Site Debited: Restoration Systems -Bass Mountain Stream and Wetland Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Restoration Systems, LLC Name of Sponsor's Authorized Representative: John Preyer 12-07-2017 Signature oks ionsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 14 September, 2017 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This mitigation Transfer form constitutes the first of 5 phased mitigation payments as outlined in special condition r) and the table below: Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/ to complete the survey online. Mitigation Mitigation Payment Required Payment Deadline 1 606.6 SMU's 1/30/2018 0.3 acre of wetlands 2 506.6 SMU'S 1/30/2019 506.6 SMU's 1/34/2020 3 4 506.6 SMU's 1/34/2021 1/30/2022 5 506.6 SMU's Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/ to complete the survey online. U.S. ARMY CORPS OF ENGINEERS Wilmington District This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (email: todd. tugwell@usace. army. mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: James Lastinger USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Email: signed b LASTI NG ER.JAM ES. LDASTINIGER.JAM SVC. 1363642400 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, C.1363642400 Date: S017.11.28I08:45:27 055001363642400 USACE Project Manager Signature November 28, 2017 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mi1. Page 1 of 2 Form Updated 14 September, 2017 Bass Mountain Stream Mitigation Bank -- Cape Fear 02 Service Area Restoration Systems, LLC Corps Action ID # SAW -2008-02029 DWQ # 09-0622 Prospectus approved: MBI approval: Projected Total Stream Credits* Preservation credits Restoration/Enhancement credits As -Built request 13 -Jul -09 (6/12/2014) 6 -Mar -2013 4,981 4983 109 109 4,872 4,874 2 *Credit calculation will be updated in accordance with the as -built drawings. Credit Release Schedule Total I 100% I 4,983.2 5% credits held in abeyance until initial veg planting meets succcess measures for remaining 3 years (243.7) 5% credits held in abeyance until initial veg planting meets succcess measures for remaining 1 years (243.7) 5% credits held in abeyance released oStream Credit Release anticipated Actual Task # Description Release # of SMUs Date release date Release I MBI execution, land protection, financial assurances 15% 839.8 3/18/2013 II Construction w/Corps site inspection 15% 731.1 6/27/2014 Jun -14 III Year 1 Monitoring Report 10% 487.4 12/10/2014 Nov -14 IV Year 2 Monitoring Report 10% 487.4 11/23/2015 Nov -15 243.7 V Year 3 Monitoring Report 10% 487.4 1/31/2017 Nov -16 487.4 VI Year 4 Monitoring Report 10% 487.4 11/21/2017 Nov -17 730.9 Year 5 Monitoring Report (+ CE VII transfer) 15% 731.1 Nov -18 2nd annual bank full 15% 731.6 11/23/2015 Nov -15 Total I 100% I 4,983.2 5% credits held in abeyance until initial veg planting meets succcess measures for remaining 3 years (243.7) 5% credits held in abeyance until initial veg planting meets succcess measures for remaining 1 years (243.7) 5% credits held in abeyance released Bass Mountain Stream, Buffer & Nutrient Mitigation Bank -- Cape Fear 02 Service Area Restoration Systems, LLC Corps Action ID # SAW -2008-02029 DWQ # 09-0622 10/10/2013 Stream Balance Permitee Information IRT notificatoion Permitee Corps Transaction Date Credit (+) Debit (-) SMUs Project Name Permittee sent Action ID# 3/18/2013 Initial Credit Releas 839.80 839.80 saw -2008-02029 Bass Mountain James Lastinger i iga ion Responsibility 7/12/2013 Transfer Form 32.00 807.80 DWQ 07-1503 v5 Parkside Commons JR McAdams (Yates) mitigation Responsibility 8/2/2013 Transfer Form 182.20 625.60 SAW -2010-00636 Greensboro Auto Auction Michael Brame (ECS) i iga ion Responsibility 8/15/2013 Transfer Form 144.00 481.60 SAW -2013-01164 Copperleaf Devel. (Cary) Adam McIntyre (Cardno) mitigation Responsibility SAW -2012-01737; W&W Partners, Inc. 10/10/2013 Transfer Form 474.001 7.60 DWQ# 13-0683 (Bellewood Subdivision) Deborah Shirley (S&EC) 6/27/2014 Corps Release 2 731.10 738.70 saw -2008-02029 Bass Mountain James Lastinger Mitigation Responsibility 7/24/2014 Transfer Form 738.60 0.10 RFP 16-005529 EEP Jeff Jurek Corps Release 3 - 12/9/2014 Yr 1 monitoring 487.40 487.50 SAW -2008-02029 Bass Mountain James Lastinger Mitigation Responsibility Transfer Form 2/12/2015 Executed 100.00 387.50 RFP 16-006225 EEP Jeff Jurek Mitigation Responsibility Transfer Form East Cone Blvd & Nealtown 3/16/2015 Executed 365.00 22.50 SAW -2011-00274 Rd. Extensions Brandon Phillips Mitigation Responsibility Transfer Form 9/29/2015 Executed 22.50 0.00 SAW -2013-00656 Greenmoor Subdivision Deborah Shirley (S&EC) Corps Release 4 - Yr 2 monitoring & 11/23/2015 Bankful event 975.30 975.30 saw -2008-02029 Bass Mountain James Lastinger Mitigation Responsibility Transfer Form 4/18/2016 Executed 975.30 0.00 SAW -2015-00920 PTIA HAECO Expansion Richard Darling Corps Release 5 - 1/31/2017 Yr 3 monitoring 487.40 487.40 saw -2008-02029 Bass Mountain James Lastinger Mitigation Responsibility Transfer Form Jordan Manors 3/7/2017 Executed 24.00 463.40 SAW -2015-01483 Jordan Manors Subdivision Developers, LLC Mitigation Responsibility Transfer Form 11/7/2017 Executed 236.00 227.40 SAW -2015-01831 Woodbury Subdivision Pulte Homes Company Corps Release 6 -Yr 11/21/2017 4 monitoring 730.90 958.30 saw -2008-02029 Bass Mountain James Lastinger Mitigation Responsibility Transfer Form Carpenter Fire Station Rd,U- 12/4/2017 Executed 227.00 731.30 SAW -2013-01551 5502 Town of Cary Mitigation Responsibility Transfer Form 12/7/2017 Executed 506.60 224.70 SAW -2013-02028 3M Pittsboro Mine 3M Company Totals 1 4251.901.4027.20 224.70 * As -Built Survey increased credit generation area from 10.49 ac. to 10.55. An additional 1,045.44 sq. ft. was released to account for under release of Task 1 and 2 Anticipated Release Date Jul -14 Jul -14 Sep -14 Dec -14 Nov -15 Nov -16 Nov -17 Nov -18 Bass Mountain Bank Parcel: Credit Release Schedule Restoration Systems, LLC - Cape Fear Riparian Buffer & Nutrient Mitigation Umbrella Mitigation Banking Instrument (UMBI) Bass Mountain Bank Parcel / Cape Fear 03030002 Riparian Buffer Credit Ledger Date Last Updated: 12/7/2017 _ DWR # 09-0622 Total Credits Release to Date: 321,690.60 Date Paid Credit Type Acreage of Credit Generation Credit / Acre Delivery Factor Total Credit Generated Buffer Credit Balance Square Feet Acres Local Gov't Riparian Buffer 10.55 43,560 sq. ft. n/a 459,558.0 sq. ft. 182,777.76 Riparian Buffer Credit Release Schedule 10/23/2014 DWR Approved Transfer to Bass Mt. Nitrogen & Phosphorus Task # Description Current Status % of Total Credits Date of Release Total Credits Released 1 BPDP, CE recorded, Performance Bond Approved 20% 91,911.60 7/25/2014 91,388.88 2 Post Construction Approved 20% 91,911.60 7/25/2014 91,388.88 3* As -Built Report and Monitoring Bond Approved 10% 45,955.80 10/28/2014 47,001.24 4 Monitoring Y1 Approved 10% 45,955.80 12/11/2014 45,955.80 5 Monitoring Y2 Approved 10% 45,955.80 10/16/2015 45,955.80 6 Monitoring Y3 Approved 10% 45,955.80 12/7/2016 45,955.80 7 Monitoring Y4 Approved 10% 45,955.80 11/21/2017 45,955.80 8 Monitoring Y5 0.03 10% 45,955.80 City of Greensboro 9/17/2015 Performance Builders Total 100% 459,558.00 0.004 413,602.20 * As -Built Survey increased credit generation area from 10.49 ac. to 10.55. An additional 1,045.44 sq. ft. was released to account for under release of Task 1 and 2 Anticipated Release Date Jul -14 Jul -14 Sep -14 Dec -14 Nov -15 Nov -16 Nov -17 Nov -18 Restoration Systems, LLC - Cape Fear Riparian Buffer & Nutrient Mitigation Umbrella Mitigation Banking Instrument (UMBI) Bass Mountain Bank Parcel / Cape Fear 03030002 Riparian Buffer Credit Ledger Date Last Updated: 12/7/2017 _ DWR # 09-0622 Total Credits Release to Date: 321,690.60 Date Paid Purchaser or UMBI Task Completed Project w/HUC # I I Credits Released/Available to Bank Square Feet Acres Credits Debited/Sold from Bank Square Feet Acres Buffer Credit Balance Square Feet Acres Local Gov't 7/25/2014 Tasks 1 & 2 credit release 182,777.76 4.20 182,777.76 4.20 10/23/2014 DWR Approved Transfer to Bass Mt. Nitrogen & Phosphorus 91,388.00 2.10 91,389.76 2.10 10/28/2014 Task 3 Credit Release 47,001.24 1.08 138,391.00 3.18 12/18/2014 City of Greensboro I East Cone Blvd - 03030002 74,100.00 1.70 64,291.00 1.48 NCDENR 12/11/2014 Task 4 Credit Release 45,955.80 1.06 110,246.80 2.53 3/10/2015 City of Greensboro TZ Osborne Water Reclamation Facility Expansion - Package 2 - 03030002 7,643.00 0.18 102,603.80 2.36 NCDENR 6/1/2015 Todd Johnson 2707 Pinelake Dr. - 03030002 180.00 0.004 102,423.80 2.35 City of Greensboro 9/11/2015 D. Stone Builders Bethany Subdivision - 03030002 1,422.00 0.03 101,001.80 2.32 City of Greensboro 9/17/2015 Performance Builders 1101 Willoughby Blvd. - 03030002 162.00 0.004 100,839.80 2.31 City of Greensboro 10/16/2015 Task 5 Credit Release 45,955.80 1.06 146,795.60 3.37 2/18/2016 BSC Holdings, Inc. The Lofts at New Garden - 03030002 219.00 0.01 146,576.60 3.36 City of Greensboro 6/15/2016 Yearns Properties Devonshire - 03030002 17,409.00 0.40 129,167.60 2.97 City of Greensboro 11/15/2016 Landmark Builders Healing Gardens Phase II - 03030002 195.00 0.00 128,972.60 2.96 City of Greensboro 12/7/2016 Task 6 Credit Release 45,955.80 1.06 174,928.40 4.02 3/17/2017 UNCG-Facilities Design & Construction Peabody Park Wetland Installation 1,290.00 0.03 173,638.40 3.99 City of Greensboro 9/26/2017 City of Mebane City of Mebane New Effluent Discharge Line 8,928.00 0.20 164,710.40 3.78 NC DWR 11/16/2017 NC DMS NC DMS 14,125.00 0.32 150,585.40 3.46 NC DMS 11/16/2017 NC DMS INC DMS 57,465.60 1.32 93,119.80 2.14 NC DMS 11/21/2017 Task 7 Credit Release 45,955.80 139,075.60 12/7/2017 13M 13M Pittsboro Mine 139,075.20 3.19 0.40 0.00