20080229 Ver 1_Mitigation Info_20090918

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MITIGATION SERVICES
Bringing business into a natural environment
September 18, 2009
NC Department of Environment and Natural Resources
Division of Water Quality
Eric W Kulz
Environmental Specialist
401 Oversight and Express Permitting Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Dear Eric,
Please see the attached Buffer Credit Ledger for the Forrest Creek Riparian Buffer Mitigation Bank as
required under our Mitigation Banking Instrument Agreement Action ID# DWQ #08-0229. The Credit
Ledger references Riparian Buffer Mitigation Units debited /transferred for Michael & Janet D., Rogers..
If you have any questions, please feel free to contact me via email at [e-mail] with any
questions
Best Regards,
?V&
Lori Jordan
EarthMark Mitigation Services/DBA as Mid-Atlantic Mitigation, LLC
Bank Sponsor of Forrest Creek Mitigation Bank
12800 University Drive, Suite 400
Fort Myers, Fl, 33907
CC: Mr Monte Matthews, USACE
12800 UNIVERSITY DR. SUITE 400 - FT. MYERS FLORIDA 33907 PH 239.415.6250 FX 239.415 6243
1960 DERITA ROAD • CONCORD, NC 28027 PH 704.782.4133 FX 704.782.4148
137 1/2 EAST MAIN STREET SUITE 210 OAK HILL, NN 25901 PH 304.465 4300 FX 304 465 4302
AGREEMENT FOR TRANSFER
This agreement and acknowledgment of Transfer of Mitigation and Implementation Plan
obligations to Forrest Creek Riparian Buffer Mitigation Bank executed by and between W.
Michael and Janet Rogers, ("Purchaser) and EarthMark 11Tiid-Atlantic Mitigation. LLC
(DBA Forest Creek Mitigation Bank) a Florida limited liability company (`Banker') for (Name
of'Pioject) Lot 412, 305 Champions Point Way, Cary, NC, Permit ID Number 2008-1658 shall
read as follows:
. In consideration of the covenants and considerations recited herein, the parties agree as follows:
L By execution of this Agreement, Parties agrees to the assumption of 360 Required Riparian
Buffer Restoration Credits in Neuse River Basin, Cataloging Unit 03020201 Permit Cond jgM
The project will impact protected riparian buffers indentified in 15A, NCAC 2B .0233 (Meuse),
15A NCAC 2B .0259 (Tar-Pamlico, 15A NCAC 02B 0243 (Catawba) 15A NCAC 2B .0250
Neuse Buffer Rules. All parties acknowledges and agrees that upon the execution of the
Agreement by Banker, Purchaser, and delivery to DWQ of a copy of this executed Agreement,
that all obligations with respect to this Riparian Buffer Mitigation obligation, shall be the sole
obligation of Banker as authorized Pursuant to the `Torrest Creek Riparian Buffer Mitigation
Bank", "Mitigation Banking Agreement", dated April 2008. Banker shall assume 360 for this
transferred obligation and be deducted from Bank Credit Ledger.
2. Banker acknowledges that purchaser has made full payment to the Forrest Creek Riparian
Buffer- Mitigation Bank, and the mitigation obligations so transferred and agrees to perform the
mitigation as described below.,
1 The mitigation transferred is described in Forrest Creek Riparian Buffer Mitigation Bank
Agreement, DWQ #08-0229, identified under'USE OF MITIGATION CREDITS and the
subsequent permit issued Anril• 2008 and consists of the requirement to provide mitigation for
impacts to jurisdictional waters. This initigation.transfer con?rpiises the purchase of 360 credits of
buffer mitigation from Banker, As condition of DWQ Permit Action, Banker agrees to assume all
liability and responsibility concerning the above mitigation..
4. Pursuant of Mitigation Banking Agreement, Forrest Creek Riparian Buffer Mitigation Bank"
dated April, 2008 DWQ agrees that upon receipt of an executed copy of this Agreement
transferring obligations to Banker that DWQ shall look solely to Banker for performance under
Permit for purposes of compliance with these stream mitigation requirements, and shall bold
Purchaser, its successor's and assigns, harml6ss with respect to compliance with the transferred
stream mitigation requirements as stated in the Permit and in the event of default pursuant to
these stream mitigation requirements of the Permit, DWQ shall have no recourse against
Purchaser
5. Upon execution of this Agreement by Banker, Banker shall forward an original of same to
DWQ acknowledging and agreeing to the transfer of the cited mitigation obligations from
Purchaser to Banker and Banker does, by execution of this Agreement, agree to comply with and
perform Purchaser's obligations for providing mitigation as set forth in DWQ Permit Condition,
as offset by their purchase of 360 credits.
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6. The Banker certifies that mitigation credits are immediately available to Transfer and that all
conditions relating to providing the transferred mitigation of Permit Action Condition are
satisfied.
7. Banker hereby acknowledges the debit 360 of from Banker Mitigation Bank Ledger.,
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the
dates written below their signatures. Signed, sealed and delivered:
Print Name: Bill Ro&ERs
BY
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Print Name: lij t 1 + ,
!
Date: _ Z j 3.; 6 e
By:_(
Print Name: Print Narae•j4tleA- ?<,
Date:_ (a- 13 - ?>p - -
BANI ER FORREST CREEK RIPARIAN BUFFER METIGATION BANK
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By:?
' Print Name: l3 4me (?V,1111X Print Name: "C-C
Date: LL? U d 9 --- Date' -- ?,? G " 0 C? ____
int Name!
i
' CC:
Cyndi B, Karoly
Program Manager
401 Oversight and Express Review Program
Lauren Witherspoon - Raleigh Regional Office
Central Files
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RECEIVED DEC 2 2 29R,
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AGREEMENT FOR TRANSFER
This agreement and acknowledgment of Transfer of Mitigation and Implementation Plan
obligations to Forrest Creek Riparian Buffer Mitigation Bank executed by and between W.
Michael and Janet Rogers.. ("Purchaser") and EarthMark Mid-Atlantic Mitigation, LLC
(DBA Forest Creek Mitigation Bank) a Florida limited liability company (`Banker") for (Name
of'Project) Lot 412, 305 Champions Point Way, Cary, NC, Permit ID Number, 2008-1658 shall
read as follows:
WITNESSETH
In consideration of the covenants and considerations recited herein, the parties agree as follows:
1 By execution of this Agreement, Parties agrees to the assumption of Required Riparian Buffer
Restoration Credits in Neuse River Basin, Cataloging Unit 03020201, As a Permit Condition.
The project will impact protected riparian buffers indentified in 15A, NCAC 2B .0233 (Meuse),
15A NCAC 2B 0259 (Tar-Pamlico, 15A NCAC 02B 024.3 (Catawba) 15A NCAC 213 .0250
Neuse Buffer Rules. All parties acknowledges and agrees that upon the execution of the
Agreement by Banker, Purchaser, and delivery to DWQ of a copy of this executed Agreement,
that all obligations with respect to this Riparian Buffer Mitigation obligation, shall be the sole
obligation of Banker as authorized Pursuant to the "Forrest Creek Riparian Buffer Mitigation
Bank", "Mitigation Banking Agreement", dated April 2008, Banker shall assume 150 Buffer
Credits for this transferred obligation and be deducted from Bank Credit Ledger..
2 Banker acknowledges that purchaser has made full payment to the Forrest Creek Riparian
Buffer Mitigation Bank, and the mitigation obligations so transferred and agrees to perform the
mitigation as described below.
3. The mitigation transferred is described in Forrest Creek Riparian Buffer Mitigation Bank
Agreement, DWQ 408-0229, identified under USE OF MITIGATION CREDITS and the
subsequent permit issued April, 2008 and consists of the requirement to provide mitigation for
impacts to jurisdictional waters. This mitigation transfer comprises the purchase of 150 credits
of buffer mitigation from Banker As condition of DWQ Permit Action, Banker agrees to assume
all liability and responsibility concerning the above mitigation,
4 Pursuant of Mitigation Banking Agreement, Forrest Creek Riparian Buffer Mitigation Bank"
dated April, 2008 DWQ agrees that upon receipt of an executed copy of this Agreement
transferring obligations to Banker that DWQ shall look solely to Banker for performance under
Permit for purposes of compliance with these stream mitigation requirements, and shall hold
Purchaser, its successors and assigns, harmless with respect to compliance with the transferred
stream mitigation requirements as stated in the Permit and in the event of default pursuant to
these stream mitigation requirements of the Permit, DWQ shall have no recourse against
Purchaser.
5 Upon execution of this Agreement by Banker, Banker shall forward an original of same to
DWQ acknowledging and agreeing to the transfer of the cited mitigation obligations from
Purchaser to Banker and Banker does, by execution of this Agreement, agree to comply with and
perform Purchaser's obligations for providing mitigation as set forth in DWQ Permit Condition,
as offset by their purchase of 150 credits.

b, The Banker certifies that mitigation credits are immediately available to Transfer and that all
conditions relating to providing the tiansferred mitigation of Permit Action Condition ate
satisfied
7. Banker hereby acknowledges the debit 150 from Mitigation Bank Ledger
IN WITNESS WHEREOF, the patties hereto have hereunto set their hands and seals on the
dates written below their signatures Signed, sealed and delivered:
BANKER-FORREST CREEK RIPARIAN BUFFER MITIGATION BANK
E_ARTHMARK MID ATLANTIC MITIGATION LLC, a Florida limited liability
com an
'fi r} W,&,, B : c
Print N 4,,eIIJLG, -1, l S 0e- Print N e: Douglas .1, Cordello
Date: T b d Date:
Print Name:
Cyndi B Katoly
Program Manager
401 Oversight and Express Review Program
Lauren Witherspoon - Raleigh Regional Office
Central Files
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