Loading...
HomeMy WebLinkAboutWPO201500015 Affidavit WPO VSMP 2015-12-17 Justin Deel From: Jess Achenbach<jess©reddirtdev.com> Sent: Thursday, December 17, 2015 1:51 PM To: Ana Kilmer; Justin Deel Cc: Justin Shimp Subject: Free State Run Nutrient Purchase Attachments: Buckingham Nutrient PSA Exhibits A-B-C - Free State Run (Executed).pdf Ana and Justin, Please find the executed Affidavit and Bill of Sale for the Free State Run nutrient credits. Please let me know if you need anything else to move forward with the VSMP approval and bond request. Thank you, Jess Jess Achenbach Red Dirt Developments P.O.Box 645 I Charlottesville,VA 22902 C(434)242-4802 jessareddirtdev.com 1 41moro '*01 EXHIBIT A BILL OF SALE Nonpoint Nutrient Offset Credits BILL OF SALE,made as of DECIMeatZ, 11TM>2015,by OVERLAND VA,LLC,a • Virginia limited liability company("Seller"),to FREE STATE PARTNERS,LLC,a Virginia limited liability company("Purchaser"). WHEREAS, Seller and Purchaser have entered into that certain Agreement for Purchase and Sale of Nutrients Mitigation Credits, dated as of November 9 { 2015 (the "Purchase 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 Compensatory Nutrient Mitigation Credits held in Seller's Nonpoint Nutrient Offset Bank in Buckingham County, Virginia. NOW THEREFORE,for and in consideration of the payment of the Purchase Price (as defined in the Purchase 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, 4.19 Nutrient Credits ("Credits") as such are described in the Purchase Agreement. TO HAVE AND TO HOLD all such Nutrient Credits hereby sold and transferred to Purchaser and its successors and assigns forever. 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. OVERLAND VA,LLC, a Virginia limited liability company By: (..L iz,z Name: Chris S Its: Managing Member Project Name: Free State Run Permit Applicant: Free State Partners LI.0 Nutrient Bank: Buckingham Nutrient Bank Phosphorous Offsets: 4.91 pounds Associated Nitrogen Offsets: 16.43ounds 3aNK StoNsoZ. Hue,: oaOgaaO�s n;t��Tax mAP'- PAacv . : rn ba /rang s,r PLAN : SDP0.©l5b00 J� 1 (111) 0 . EXHIBIT B AFFIDAVIT OF PHOSPHOUROUS OFFSET SALE OVERLAND VA, LLC,a Virginia limited liability company("Seller"),hereby certifies the following: 1. Pursuant to that that certain Agreement for Purchase and Sale of Nutrients Mitigation Credits,dated as of November 51H,2015 (the"Purchase Agreement",the terms of which are incorporated herein by reference and made a part hereof)between Seller and FREE STATE PARTNERS,LLC,a Virginia limited liability company ("Purchaser"), Seller, for the benefit of the Purchaser,agreed to sell 4.91 pounds of nonpoint source phosphorus offsets(the Nutrient Credits)to Purchaser and retire the associated ratio of nonpoint source nitrogen offsets at the offset generating facility in the amount of 16.43 pounds of nitrogen offsets. 2. Seller and Purchase,as of the date hereof,have the closed the transaction contemplated by the Agreement and the Seller has sold to Purchaser the phosphorous offsets. WITNESS the following signature: OVERLAND VA,LLC, a Virginia limited liability company By: e•1---- Name: Chris Sn Title: Managing Member Date: )'i/4/%5- Sworn to and subscribed before me thi day o#Noiltnbg,L, 201.$by ariS Sno Lc) , Manager,on behalf of the OVERLAND VA, LLC,a Virginia limited liability company. My commission expires: .b a �a County of: '" 4',../Ctitx 0 . .. ...,G,Q 0 ' NOTARI'' G Notary Public to q:• PUBLIC mN Project Name: Free State Run _ : REG#7274003 Permit Applicant: Free State Partners LLC s n; MVCOMMISSfON : a pi EXPIRES ' � Nutrient Bank: Buckingham Nutrient Bank % `•. 6/30/2017 ....'6.-' Phosphorous Offsets: 4.91 pounds ", 44".$Associated Nitrogen Offsets: 16.43 pounds ''%,,�4$4k m... ,0 13ANk soA)sa� (- 0c. : o .o$oao3 ?ROJvcT'111 MAP+Pt Qr -: Tm G�,/64toeu g s ire f74.14N : SDPaoI5Ot OI4f 8 EXHIBIT C DEPARTMENT OF ENVIRONMENTAL QUALITY WATER QUALITY ENHANCEMENT FEE FORM Instructions: Nonpoint nutrient offset brokers are required to pay a water quality enhancement fee equal to six percent of the amount paid by the permittee for the nonpoint nutrient offsets. With submittal of this payment, brokers should complete this form and submit it with their payment. Payment should be in the form of check or money order payable to "Treasurer of Virginia" and should be mailed to: Department of Environmental Quality Receipts Control P.O. Box 1104 Richmond,Virginia 23218 You should retain a copy for your records. Please direct any questions regarding this form or fee payment to andrew.hammondadeq.virdinia.gov. Offset Broker: Name: FALLING SPRINGS, LLC FIN: 20-8590135 Mailing Address: 6243 River Road, Suite 7 City: Richmond State: VA Zip: 23229 Daytime Phone Number: (804) 330-8092 Name and Location of Construction Activity: Name: Free State Run Town, City, or County:Albermarle County, VA VSMP Permit Number: N/A-Albermarle Site Plan#SDP201500014 Nutrient Bank: Bank Name: BUCKINGHAM NUTRIENT BANK Total Phosphorus Purchased: 4.91 Amount of Fee Submitted (6% of the amount paid for nonpoint nutrient offsets): $4,373.10 FOR DEQ USE ONLY Date: DC #: (DEQ 199-210)(06/13)