HomeMy WebLinkAboutWPO201900040 Agreement - Nutrient Credits 2019-09-30ffOMAI
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NUTRIENT BANK
P.O. Box 142 Penn Laird, VA 22846 • (540) 908-1679 • www.VirginiaNutrientBank.com
August 21, 2019
Aaron Mabee
Timmons Group
608 Preston Avenue, Suite 200
Charlottesville, VA 22903
Re: Nutrient Credit Availability — Yancey Lumber Yard — Albemarle County
Mr. Mabee,
The Virginia Nutrient Bank (VNB) is pleased to preliminary reserve approximately 0.13f pounds per year
of phosphorus offsets (nutrient credits) for the Yancey Lumber Yard site plan in Albemarle County. The
site is located at 6317 Rockfish Gap Turnpike, Crozet, VA 22932 in HUC: 02080204
VNB has approval from the Virginia Department of Environmental Quality (VDEQ) for Nonpoint Source
Offset Generation Certification. VNB is approved to transfer nutrient credits in accordance with the
Chesapeake Bay Watershed Nutrient Credit Exchange Program (VA Code 62.1-44.19:14 et seq). These
offsets are also transferable in accordance with the Virginia stormwater offset program (VA Code 62.1-
44.15:35) and the Virginia Soil and Water Conservation Board's Guidance Document on Stormwater
Nonpoint Nutrient Offsets approved on July 23, 2009, to those regulator entities qualifying for nutrient
offsets.
VNB is managing the Upper James Nutrient Bank in Nelson County that will generate approximately
155.31 pounds of phosphorus reduction and roughly 555.15 pounds of nitrogen reduction per year within
the 02080203 HUC. VNB will retire 0.13± pounds of phosphorus credits and corresponding nitrogen
credits from the Upper James Nutrient Bank in accordance with the Nutrient Offset Certification
regulations.
Respectfully,
6. 4 1.
Gordon D. Weirich
Virginia Nutrient Bank, LLC
gordon@virginianutrientbank.com 1 540-217-4079
VIRGINIA
NUTRIENT BANK
P.O. Box 142 Penn Laird, VA 22846 • (540) 908-1679 • www.VirjziniaNutrientBank.com
EXHIBIT A — BILL OF SALE
Bill of Sale, made as of the W4- day of September, 2019, by Virginia Nutrient Bank, LLC, a Virginia
Limited Liability Company ("Seller"), to RA Yancey Lumber Corp. ("Purchaser).
Whereas, the Seller and Purchaser have entered into an Agreement for Purchase and Sale of Nutrient
Offset Credits, dated as of September aifi; 2019 (the "Agreement"), the terms of which are incorporated
herein by reference and made a part hereof), with respect to the sale by Seller and purchase by Purchaser
of Nutrient Credits held by the Seller's Upper James Nutrient Bank in Nelson County, Virginia within the
James River watershed (HUC: 02080203).
Now Therefore, for and in consideration of the payment of the purchase price (as defined in the
agreement) and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Seller hereby sells, transfers, assigns, conveys, delivers, and sets over to Purchaser, its
successors and assigns, 0.13 Nutrient Credits out of the Upper James Nutrient Bank as such are described
in the Agreement.
To Have and To Hold all such Nutrient Credits hereby sold and transferred to Purchaser and its
successors and assigns forever for use in connection with Purchaser's Yancey Lumber VSMP project.
In Witness Whereof, Seller has caused this Bill of Sale to be executed by its duly authorized
representative as of the date first above written.
Virginia Nutrient Ba
By:
Name: Nathan V. EGckwell
Title: Manager
Acquirer: RA Yancey Lumber Corp.
Project: Yancey Lumber VSMP
6317 Rockfish Gap Turnpike, Crozet, VA 22932
Tax Map/Parcels: 55-111B & 55-112
Permittee: RA Yancey Lumber Corp.
PO Box 1155
Crozet, VA 22932
Permit #: WPO-2019-00040
Nutrient Bank: Upper James - James-050 (HUC:02080203)
Phosphorus Offsets: 0.13 pounds
Nitrogen Offsets: 0.47 pounds
VIRGINIA NUTRIENT BANK - SERVING FARMERS, DEVELOPERS, AND LOCALITIES
HELPING CLEAN THE CHESAPEAKE BAY ONE SITE AT A TIME
VEIRGMA
NUTRIENT BANK
P.O. Box 142 Penn Laird, VA 22846 • (540) 908-1679 • www.ViriziniaNutrientBank.com
EXHIBIT B - AFFIDAVIT OF NUTRIENT OFFSET SALE
Virginia Nutrient Bank, (the "Seller"), hereby certifies the following:
1. Pursuant to that certain "Agreement for Purchase and Sale of Nonpoint Nutrient Offset Credits" dated
September 2019 (the "Agreement"), the terms of which are incorporated herein by reference and
made a part of hereof) between the Seller and RA Yancey Lumber Corp. ("Purchaser"), the Seller, for the
benefit of the Purchaser, agreed to sell 0.13 pounds of phosphorus offsets and retire 0.47 pounds of
nitrogen offsets (representing the ratio of nitrogen offsets to the phosphorous offsets at the offset
generating facility) to Purchaser;
2. The Seller and the Purchaser, as of the date hereof, have closed the transaction
contemplated by the Agreement and the Seller has sold to Purchaser 0.13 pounds of phosphorus offsets
and retired 0.47 pounds of nitrogen offsets (representing the ratio of nitrogen offsets to the phosphorous
offsets at the offset generating facility).
WITNESS the following signature:
Virginia Nutrie
By:
Name: Na an W. Blackwell
Title: Manager q/� 1�/�
Date:
Sworn to and subscribed before me this day of �cpl-e.�n 20)c by
Nathan W. Blackwell, P.E., Manager, on behalf of Virginia Nutrient Bank, LLC.
My commission xpires: ^ 1 301 ate-(
Atf�t
Notary Public
Acquirer: RA Yancey Lumber Corp.
Project: Yancey Lumber VSMP
6317 Rockfish Gap Turnpike, Crozet, VA 22932
Tax Map/Parcels: 55-111B & 55-112
Permittee: RA Yancey Lumber Corp.
PO Box 1155
Crozet, VA 22932
Permit #: WPO- 2019-00040
Nutrient Bank: Upper James - James-050 (HUC:02080203)
Phosphorus Offsets: 0.13 pounds
Nitrogen Offsets: 0.47 pounds
VIRGINIA NUTRIENT BANK - SERVING FARMERS, DEVELOPERS, AND LOCALITIES
HELPING CLEAN THE CHESAPEAKE BAY ONE SITE AT A TIME