The URL can be used to link to this page

Home My WebLink About20130732 Ver 1_EEP Receipt_20140528Ode MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Jack McLain Norfolk Southern Railway Co 1200 Peachtree St, NE Atlanta, GA 30309 Project: Norfolk Southern intermodal Facility County: Mecklenburg USACE #: 2013 -00433 WQ permit #: 13 -07'_ EEP #: 21032 Amount Paid: $690,404 00 Check Number: 9052212 Michael Ellison, Director Ecosystem Enhancement Program RECEIPT May 28, 2014 John E Skvarla, III Secretary 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 Permrt(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 author ization associated with this activity Including SL 2009- 337, An Act to Piomote the Use of Compensatory Mitigation Banks, as amended by S L 201 1 -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 accoidance with the N C Department of Envnonment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010 River Basin HUC Stream Ciedits (linear feet) Wetland Ciedits (acres) Buffer 1& 11 (Sq. Ft ) Cold Cool Warm Riparian Non -RI ai ran Coastal Marsh Catawba 03050101 0 0 1,768 0 0 0 0 03050103 ESA 0 0 78 Refunds of payments made to NCEEP are only approved under certain conditions All refund requests must be submitted In accordance with EEP's iefund policy at www nceep net if you have any questions of need additional information, please contact Kelly Williams at (919)'707 -8915 Sincerely, • ae r o Director CC. Karen Higgins, NCDWR Wetlands /401 Unit Steve Kichefski, USACE- Asheville, Todd Tugwell, USACE - Raleigh Clement Riddle, agent File 1652 Mail Service Center, Raleigh, North Carolina 27699 -1652 Phone 919 - 707 -89761 Internet www ncdenr gov An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Norfolk Southern Railway Company Project Name: Intermodal Facility Action ID. SAW- 2013 -00433 County: Mecklenburg Instructions 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 then 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 and 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: 03050101, Catawba River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riparian Non - Riparian Coastal Rivenne Riverine Non- riverine 1,768 1,768 *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: 03050101, Catawba River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riparian Non - Riparian Coastal Rivenne Non- riverine 1,768 Mitigation Site Debited: NCEEP (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 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 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. N 10 Mitigation Sponsor Name- -� Name of Spons 's Afflithoriz d ReFtr t ive: ll ` in Signature of pon is Auirrorized Representative — �Date of Sign 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 Permlttee 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 • Signed copies of this document must be retained by the Permlttee, 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 /Additional Conditions: 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.fuemmeler @usace army.mll Diguelly signed by FUEMMELER.AMAND' ONEC ELERAMAN GOD eES.124 DoD ou =PKl AJONES.1242835090 FIEMMELEA AMANDAJONE51242835090 Date 2014 01 10 1014 32 0500 USACE Project Manager Signature November 27, 2013 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 http //ribits usace.army.mil Page 2 of 2 The Wilmington District Is committed to providing the highest level of support to the public To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our webslte at http / /regulatory usacesurvey com/ to complete the survey online U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Norfolk Southern Railway Company Action ID: SAW- 2013 -00433 Project Name: Intermodal Facility County: Mecklenburg Instructions 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 then 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 and 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 Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riparian Non - Riparian Coastal Warm Cool Cold Rivenne Non- riverine Non - Riparian Coastal 78 Riverine Non- riverme 39 *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: 03050101, ,Catawba River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riparian Non - Riparian Coastal Rivenne Non- riverine 78 Mitigation Site Debited: NCEEP (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 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 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: wee Name of Sponsor' Authorized epr entative: VJl W N GI I ca d/0 I A A � U:�� ZE Aa�q A Signature p sor' Authorized Representative Date of Sign — 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 • 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 /Additional Conditions: 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: USACE Field Office: Email- Amanda Jones Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 -5006 amanda fuemmeler @usace army mil DlgOally signed by FUEMMELER.AMAND ohs "_AMAN JONFS 22835,90 AJONES.1242835090 vKPUEMMELER AMANDAJONES 1242835090 Dace 2014 01 10 10 14 47 05'00' November 27, 2013 USACE Project Manager Signature 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 http. / /ribits usace army.mll Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http / /regulatory usacesurvey com/ to complete the survey online