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HomeMy WebLinkAbout20150997 Ver 1_Receipt_20160930Burdette, Jennifer a From: Cahoon, Steve <Steve.Cahoon@duke-energy.com> Sent: Friday, September 30, 2016 9:39 AM To: Burdette, Jennifer a Cc: Toepfer, John R Subject: LV Sutton Mitigation Creidt transfer Attachments: Credit Transfer_ Sutton Energy Complex.pdf Hi Jennifer, According to permit IWP000004 condition 2 proof of payment of compensatory mitigation is required before impacts specified in the permit can occur. Please see the attached Compensatory Mitigation Responsibility Transfer Form from the Lower Cape Fear Umbrella Mitigation Bank, stating that the mitigation fee for impacts has been paid by Duke Energy. We plan to move forward with construction of the landfill in short order. Please contact me if you have any questions. Steve Steve Cahoon Duke Energy EHS — CCP Permitting and Compliance Office - (919) 546-7457 Cell - (919) 632-0129 steve.cahoon@duke-energy.com Compensatory Mitintion Responsibility Transfer Form Permittee: Duke Energy NC DWR No. 15-0998 Project Name: On -Site Landfill Sutton Energy Complex County: New Hanover By way of this form, the Sponsor of the Lower Cape Fear Umbrella Mitigation Banks (LCFUMB) verifies that the mitigation requirements (credits) shown below are available at the identified site and that payment has been received in full from the project Permittee. By signing below, the Sponsor is accepting full responsibility for the identified mitigation. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03030005, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 5.6 *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: 03030005, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 5.6 Mitigation Site Debited: Lower Cape Fear Umbrella Mitisation Bank 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. r -t Mitigation Sponsor Na Name of Sponsor's Authorized Signature of Sponsor's Authorized \� Cev, u % / of Signature: � �r 16 — Page 1 of 2 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 NC DWR 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 401 Certification identified on page one of this form can begin only after NC DWR 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. • Signed copies of this document must be retained bythe Permittee, Mitigation Sponsor, and in the NC DWR administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the NC DWR 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 NC DWR, the Sponsor must obtain case-by-case approval from the NC DWR Project Manager and/or North Carolina Interagency Review Team (NCIRT). Comments/Additional Conditions: Page 2 of 2