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