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Home My WebLink About20041053 Ver 2_EEP Receipt_20130326lCosystem r PROGRAM August 27, 2012 (revised) Danny Rogers, PE Charlotte Area Transit System 600 East 4"' St. Charlotte, NC 28202 Project: Charlotte Area Transit System LYNX Blue Line Ext. ut� - 1 os 3 0�- Expiration of Acceptance: February 27, 2013 County: Mecklenburg The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below, Please note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state federal or local government permits,. regulations or authorizations associated with the pionosed activity including SL 2009 -337• An Act to Promote the Use of Compensatory Mitigation Banks as amended by S.L. 2011 -343. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation, in that permit and payment must be made prior to conducting the authorized work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www nceep.net. Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation are summarized in the following table. The amount of mitigation required for this impact is determined by permitting agencies. Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010. Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at (919) 716 -1921. R Klimek irector cc: Karen Higgins, NCDWQ Wetlands /401 Unit Amanda Jones, USACE- Asheville (AID 2009 - 01062) Polly Lespinase, NCDWQ - Mooresville Brandon Phillips, agent File iZP�StOVY.l�... ... P�Otet:tl ot9 oar ftat"& MENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 -715 -0476 / www.nceep.net River Basin CU Location Stream (feet) Wetlands (acres) Buffer I (Sq. Ft) Buffer II (Sq. Ft.) Impact Catawba 03050103* Cold 0 Cool 0 Warm 0 Riparian 0.397 Non-Riparian- 0 Coastal Marsh 0 0 0 Impact Yadkin 1 03040105 0 0 0 0.127 0 0 0 0 *F,EP will accept payment for the required mitigation yendine approval of use of the Catnwha ntncnynz i~., ... 11aa a _..: A_.... Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010. Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at (919) 716 -1921. R Klimek irector cc: Karen Higgins, NCDWQ Wetlands /401 Unit Amanda Jones, USACE- Asheville (AID 2009 - 01062) Polly Lespinase, NCDWQ - Mooresville Brandon Phillips, agent File iZP�StOVY.l�... ... P�Otet:tl ot9 oar ftat"& MENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 -715 -0476 / www.nceep.net 13 1-k - 1053 vI)- EVaincemeht t PROGRAM RECEIPT March 26, 2013 Danny Rogers, PE Charlotte Area Transit System 600 East 4's St. Charlotte, NC 28202 Project: CATS LYNX Blue Line Extension County: Mecklenburg DWQ# 04 -1053 COE #: 2009 -01062 EEP #: 20681 Location: Catawba 03050103 Expanded Service Area Amount Paid: $66,961.00 Check Number: 846614 The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 /CAMA Permit(s) issued for the above referenced project. This receipt serves as notification that your compensatory mitigation requirements assigned to NCEEP associated with the authorized activity as specified below have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity including SL 2009- 337, An Act to Promote the Use of Compensatory Mitigation Banks, as amended by S.L. 2011 -343. The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation requirements indicated below associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. Mitigation responsibility assigned to the NCEEP is nontransferable. The mitigation will be performed in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010. River Basin Stream Credits Wetland Credits Buffer I& II RUC (linear feet) (acres) (Sq. Ft.) Cold Cool Warm Riparian Non -Riparian Coastal Marsh Catawba 0 0 0 0.754 0 0 0 03050103 Expanded Service Area Refunds of payments made to NCEEP are only approved under certain conditions. All refund requests must be submitted in accordance with EEP's refund policy at www.nceep.net. If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915. Sincerely, Atw�,";4- Michael Ellison Acting Director cc: Karen Higgins, NCDWQ Wetlands /401 Unit Amanda Jones, USACE- Asheville; Tyler Crumbley, USACE- Raleigh Polly Lespinasse, NCDWQ - Mooresville Brandon Phillips, agent File �M� tDrald 5... F ... Pro", �GGY .ftA,t7'i RMNR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 707 -8976 / www.nceep.net U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Charlotte Area Transit System (CATS) Project Name: Lynx Blue Une Extension Action ID. SAW- 2009 -1062 — Revised Form County: Mecklenburg Instryctions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will them 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 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 appropriate ledger and provide a copy of the signed form to the Permittee a6d to the USACE Bank/In-Lieu Fee Program Manager. 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: 03050103 Catawba River Basin Stream Impact (linear feet) , Wetland Impacts (acres) Warm Cool Cold Riparian Riparian Non - Riparian Coastal Riverine Non - riverine 0.377 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-dielt HUC and Rncln- n "Anrnin'i 1:vnln,4c,4 Cnn 1— A Stream Mlti atlon (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non - riverine Non - Riparian Coastal 0.754 Mitigation Site Debited: (list the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP acceptance letter identifies a specific site, also list the specific site to be debited). Section W be completed by the Mitigation Sponsor Statement of Mitigation Uability Acceptance: I, the undersigned, verify that 1 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 NCEEP), 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: North Carolina Ecosystem Enhancement Program Name Authorized &Q Aour 1 Date of Slanature Page 1 of 2 Form Updated 2 October, 2012 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. a 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 /Addltional Conditions: This form replaces the two previous mitigation transfer forms dated September 16, 2012. Mitigation for 0.057 acre of wetlands in the Yadkin is no longer being required. Also note, ratios have been corrected which now show a 2:1 requirement which was originally determined but the previous form was incorrectly filled out. This form is not valid unless signed by the mitigation Sponsor and USACE Project Manager. For questions regarding this form or any of the conditions of the permit authorization, contact the Project Manager at the address below. USACE Project Manager: Amanda Jones USACE Field Office: Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 -5006 Email: amanda.d.jones@usace.army.mil JONES.AMANDA.D.1 Ig�a�S"�.�' 42835090 j Will= "° ° USACE Project Manager Signature November30, 2012 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 hum //ribits.usace.armv.mll. Page 2 of 2 The Wilmington District Is committed to providing the highest level of support to the public To help us ensure vae continue to do so, please complete the Customer Satisfaction Survey located at our website at htti)-I/reitulatory-usacesurmy.com/ to complete the survey online.