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Home My WebLink AboutVeridea DMS Phase 2 Master Infrastructure B DMS receipt_combinedROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD ❑imoor Todd Rechler RXR Len Apex Owner, LLC 625 RXR Plaza Uniondale, NY 11553 NORTH CAROLINA Environmental Quality RECEIPT July 9, 2024 Project: Veridea Phase 2 Master Infrastructure B County: Wake 401 permit#: 2022-1447 404 permit#: 2010-01907 DMS ID#: MR-08690 Amount Paid: $1,523.01 Check Number: 10219 The NCDEQ Division of Mitigation Services (DMS) has received a check as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit(s) issued for the above -referenced project. This receipt serves as notification that your compensatory mitigation requirements assigned to DMS 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 G.S. § 143-214.11. The DMS, by acceptance of this payment, acknowledges that the Division 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 DMS is nontransferable. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Mitigation Location Mitigation Type Credits Cape Fear 03030004 Riparian Wetland 0.02 Refunds of payments made to NCDMS are only approved under certain conditions. All refund requests must be submitted in accordance with the Division's refund policy. If you have any questions or need additional information, please contact Kelly.Williams@deq.nc.gov. Sincerely, At�t_�Z� Kelly Williams ILF Program Coordinator cc: Todd Tugwell, USACE - Raleigh; Lyle Phillips, USACE Sheri Montalvo, NCDWR Debbie E. Shirley, agent D_ EQNorth.,_ Carolina Department of Environmental Quality I Division of Mitigation Services `�JJn 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 Dq— a " 919.707.8976 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM June 19, 2024 Permittee: RXR Len Apex Owner LLC DWR Project # 20221447 Project Name: Veridea Development Phase: Master Infrastructure B County: Wake The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to partially satisfy the mitigation requirements set forth in 401 Individual Certification No. Certification No. WQC005681 issued to RXR Len Apex Owner LLC, dated February 24, 2023, as provided in the table below. Compensatory Mitigation River and 8-digit HLIC Number Riparian Wetland 0.02 acres (credits) Cape Fear / 03030004 The Permittee must provide a copy of this form to DMS who will then sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once DMS has signed this form, it is the Permittee's responsibility to ensure that a signed copy of this form is submitted to the Division before conducting any of the authorized impacts. The Division of Mitigation Services verifies that the mitigation requirements (credits) shown above will be debited using approved released or advance credits, and for all stream or wetland credits is in accordance with the signed/approved In -Lieu Fee Instrument dated July 28, 2010. By signing below, DMS is accepting full responsibility for the identified mitigation. As a reminder, no more than 25 percent of the total mitigation required by Division can be met through preservation, unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)). Signature Authority Name (print): Kelly Williams for NCDMS Signature: lkv�du� Date: 9 July 2024 D � � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CARCLINA oR.m.m,r�.n_neraial` /"� 919.707.9066 Compensatory Mitigation Responsibility Transfer Form Permittee: RXR Len Apex Owner LLC, Todd Rechler Project Name: Veridea Action ID: SAW-2010-01907 County: Wake 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 Division of Mitigation Services (NCDMS), 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 Wilmington District 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 verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). 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: 03030004, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.02 *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: 03030004, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.02 Mitigation Site Debited: NCDMS (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS 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 NCDMS), as approved by the Wilmington District, 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: NCDMS Name of Sponsor's Authorized Representative: Kelly Williams 9 July 2024 Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District 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 District 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. When NCDMS provides mitigation 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 NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District 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 District 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 District, the Sponsor must obtain case -by -case approval from the District 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 District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from NCDMS, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 4/4/2023 was included with the preconstruction notification. This Mitigation responsibility Transfer form represent the mitigation required for phase 2. Payment/Phase Impact Areas Mitigation Required Construction/Mitigation Number Payment Deadline (1) Master 2.21A, 2.19A, 2.1913, 2,246 stream Prior to construction or Infrastructure A 2.22, 2.17, 2.24 mitigation credits December 31, 2053, whichever occurs first (2) Master 2.1A-1, 2.1A-2 0.02 wetland Prior to construction or Infrastructure B mitigation credits December 31, 2053, whichever occurs first (3) RXR A 2.16 414 stream mitigation Prior to construction or credits December 31, 2053, whichever occurs first (4) LEN A 2.14 200 stream mitigation Prior to construction or credits December 31, 2053, whichever occurs first (5) LEN B 2.9, 2.10, 2.5, 2.4, 1,762 stream Prior to construction or 2.113, 2.2A, 2.213, mitigation credits and December 31, 2053, 2.2C 0.01 wetland whichever occurs first mitigation credits (6) SVE 3.5, 3.6 138 stream mitigation Prior to construction or credits December 31, 2053, whichever occurs first (7) SVW 3.1, 3.3 242 stream mitigation Prior to construction or credits December 31, 2053, whichever occurs first (8) West Village - 1.19, 1.16, 1.18, 526 stream mitigation Prior to construction or A 1.17 credits and 0.22 December 31, 2053, whichever occurs first wetland mitigation credits (9) West Village - 1.1, 1.14, 1.15 232 stream mitigation Prior to construction or B credits and 0.14 December 31, 2053, wetland mitigation whichever occurs first credits (10) West Village 1.2A, 1.213, 1.4, 1.5, 448 stream mitigation Prior to construction or - C 1.8 credits and 0.20 December 31, 2053, wetland mitigation whichever occurs first credits (11) West Village 1.10, 1.11A, 1.1113 202 stream mitigation Prior to construction or - D credits and 0.14 December 31, 2053, wetland mitigation whichever occurs first credits This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMITCDusace.army. mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: George Lyle Phillips III USACE Field Office: Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: George.L.Phillips@usace.army.mil �}&' J �� /it 10/24/2023 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.mi1.