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HomeMy WebLinkAbout20091067 Ver 1_401 Application_20091009LMG LAND MANAGEMENT GROUP INC. Environmental Consultants October 7, 2009 TO: Mr. Ronnie Smith US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 RE: NWP 29 Application Package: Williamson Tract Oak Island Connector Road Access Point Brunswick County, NC Dear Ronnie: .os - 1 067 COURTESY COPY Q?c?19 adLA? OCT 8 2009 DENR • WATER QUALITY WETLANDS AND STORMWATER BRANCH Enclosed is a NWP 29 application for your review. This application is submitted on behalf of LaDane Enterprises, LLC and DWE III, LLC for the construction of an access point into the Williamson Tract from the Oak Island Connector Road. The Williamson Tract is located in Oak Island (Brunswick County), NC. Two other access points into the property (off of Sunset Harbor Road and Highway 211) will also be constructed but no wetland impacts are associated with these connections. The applicants propose to impact a total of 0.134 acres of wetlands. To mitigate for these impacts, the applicants propose to buy into the Stone Farm Mitigation Bank. Please note that additional wetland impacts within the Williamson Tract may be needed at a later date, however a site plan has not yet been developed for the site. Any additional impacts will be viewed cumulatively. The Pre-Construction Notification form, associated maps, and site plan are enclosed for your review. The wetland survey for this tract expired in June of 2009 and a new survey was recently submitted for your approval. Thank you for your assistance with this project. Sincerely, Kim Williams Wetland Scientist Encl. C: Mr. Ian McMillan, DWQ Mr. Chad Coburn, DWQ Dr. DeCarol Williamson, DWE 111, LLC Ms. LaDane Williamson, LaDane Enterprises, LLC www.lmgroup.net • info@Imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 pg- 1 0 6 7 of w A rF9 DUK)?9 1 1 > 4 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form., RTESY A. Applicant Information COPY 1. Processing 1a. Type(s) of approval sought from the Corps: ® Section 404 Permit ? Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ® Yes ? No For the record only for Corps Permit: ? Yes ® No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ® Yes ? No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ® Yes ? No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Williamson Tract; Road Access off of Oak Island Connector Road 2b. County: Brunswick County 2c. Nearest municipality / town: Oak Island 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: LaDane Enterprises, LLC & Eta[ 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): p 3d. Street address: 11 Causeway Drive 3e. City, state, zip: Ocean Isle Beach, NC 28469 OCT 3f. Telephone no.: nFN 3g. Fax no.: WETLANDS ANOSTORMyyATERBRMCH 3h. Email address: Page 1 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: LaDane Williamson DeCarol Williamson 4c. Business name (if applicable): LaDane Enterprises, LLC DWE III, LLC 4d. Street address: 11 Causeway Drive 2618 New Village Way 4e. City, state, zip: Ocean Isle Beach, NC 28469 Wilmington, NC 28405 4f. Telephone no.: (910) 579-5416 (910) 251-8543 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Kim Williams 5b. Business name (if applicable): Land Management Group, Inc. 5c. Street address: 3805 Wrightsville Avenue, Suite 15 5d. City, state, zip: Wilmington, NC 28403 5e. Telephone no. (910) 452-0001 5f. Fax no.: (910) 452-0060 5g. Email address: kwilliams@lmgroup.net Page 2 of 11 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 21800001 Latitude: 33.9514°N Longitude: 78.1634°W 1b. Site coordinates (in decimal degrees): (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: Entire Tract: 3323.24 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Mercers Mill Pond proposed project: 2b. Water Quality Classification of nearest receiving water: Mercers Mill Pond: C; Sw; HQW 2c. River basin: Lumber; 03040207 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is currently forested and has been used in the past for silvicultural purposes. Several dirt roads provide access throughout the tract. The adjacent properties are forested or residential. The Oak Island Connector Road is currently being constructed. The NCDOT right of way has been cleared and some grading has occurred. 3b. List the total estimated acreage of all existing wetlands on the property: Entire Tract: 1200 ac 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: -- 33,000 LF 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to provide access to the site off of the Oak Island Connector Road. 3e. Describe the overall project in detail, including the type of equipment to be used: The area will be graded to achieve specified contours and then the entrance road will be paved. 0.134 acres of wetlands will be impacted. Additional wetland impacts may occur in future phases of this development. The applicant will apply for the required 404/401 permits prior to any wetland disturbance. Impacts will be considered cumulative. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version Project Information and Prior Project History 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: The Williamson site was delineated by Land Management Group, Inc. in 2004 and this line was approved by the EPA. NCDOT also performed a wetland delineation ® Yes ? No ? Unknown within the Oak Island Connector Road corridor. This line was approved by the ACOE as well. We are using the NCDOT wetland line on the site plans. Please note that the wetland line for the Williamson tract expired in June and a new survey (with slight changes) was recently resubmitted to the ACOE for approval. 4b. If the Corps made the jurisdictional determination, what type of determination was made? ACOE approved previous ? Preliminary ? Final wetland survey, which is now expired. LMG is in the process of submitting a new survey. Agency/Consultant Company: 4c. If yes, who delineated the jurisdictional areas? Williamson: Land Management Group, Inc. Name (if known): NCDOT: Unknown Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. EPA approved the wetland line for the Williamson Tract on 06/22/04. 5. Project History 5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. N/A 6. Future Project Plans 6a. Is this a phased project? ® Yes ? No 6b. If yes, explain. Phase 1 of the project involves obtaining 404/401 permits to gain access into the tract off of the Oak Island Connector Road. However, a complete site plan has not yet been developed. The applicant will apply for other internal road crossings in a later phase once this plan is completed. Page 4 of 11 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ® Wetlands ? Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ®P ? T Road Crossing/culvert Carolina Bay ® Yes ? No ® Corps ® DWQ 0.134 ? Yes ? Corps W2 ? P ? T ? No ? DWQ ? Yes ? Corps W3 ? P ? T ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P F T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 0.134 2h. Comments: 3. Stream Impacts N/A If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ? P ? T ? PER ? Corps ? INT ? DWQ S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts N/A If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 02 ?P?T 03 ?P?T F 04 ?P?T 0. Total open water impacts 4g. Comments: 5. Pond or Lake Construction N/A If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded T Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) N/A If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ?Tar-Pamlico Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary (T impact required? ?Yes 131 ?P?T ? No ?Yes B2 ?P?T ? No ?Yes B3 ?P?T ? No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts were minimized as much as possible during project planning. However, safety was a primary concern during the design. Please see attached memo prepared by project engineers at John Davenport Engineering, Inc. for specific information about the entrance road layout. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fencing will be used during construction to reduce sediment from eroding into the wetland areas. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ® Yes ? No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ® Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Stone Farm Mitigation Bank ___ 3b. Credits Purchased (attach receipt and letter) Type Non-riparian Quantity 0.134 l 3c. Comments: Attached is the acceptance letter. 4. Complete if Making a Payment to In-lieu Fee Program N/A 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan N/A 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ NIA 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 11 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan N/A I a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? < 1 % of entire tract 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Impe rvious cover is minimal. General Stormwater Permit may be required if Sedimentation and Erosion Control Permit is re quired. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan: ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review N/A 3a. In which local government's jurisdiction is this project? ? Phase II ? NSW 3b. Which of the following locally-implemented stormwater management programs ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review ? Coastal counties ? HQW 4a. Which of the following state-implemented stormwater management programs apply ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 5. DWQ 401 Unit Stormwater Review N/A 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: N/A 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): N/A 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. Although additional wetland impacts may occur in future phases of development, these impacts will be avoided and minimized as much as possible and the applicant will obtain all necessary 404/401 permits before proceeding with any future impacts. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The proposed project will not generate any wastewater. Future development within the larger tract will tie into the local wastewater system. Page 10 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ? No. habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No impacts? F-1 Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program database was reviewed and found that several rare species occur in the vicinity of the project. However, the NCDOT performed a threatened and endangered species survey of the road corridor in 2003 that determined that no federally-protected species would be impacted by the proposed project. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish Habitat. No data was depicted for the project area. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The National Trust for Historic Preservation website mapping resource was used to determine the presence of cultural resources. No cultural resources were found. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System website was used to determine the boundaries of the 100-year floodplain. The project area does not fall within these boundaries. Kim Williams f 1 01712 0 0 9 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Pagel 1 of 11 AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: L-'Ve. the undersigned. hereby authorize Land Management Group. Inc. to act as our agent in the preparation and representation of information related to the permit application for the Nk'illiamson Tract project located in BrunsN ich County. AC. All questions in regards to this project should be directed to Land Management Group. Inc. Sincerely. Owner"'Applicant -- ; Print Name Date AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: Uwe, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the preparation and representation of information related to the permit application for the Williamson Tract project located in Brunswick County, NC. All questions in regards to this project should be directed to Land Management Group, Inc. Sincerely, LaDane Williamson Manager of LaDane Enterprises, LLC Print Name "Z/ 7 /0 y Date WILLIAMSON TRACT, BRUNSWICK COUNTY, NC ACCESS 3 (NCDOT #4 TO OAK ISLAND CONNECTOR) Prepared by The Williamson Tract of land includes approximately 3,323 total acres of property. The property is situated north of the Intracoastal Waterway and extends between Sunset Harbor Road (SR 1112), Southport Supply Road (NC 211) and the new Oak Island Connector Road. The Town of Oak Island has annexed the Williamson Tract property and approved a Planned Unit Development (PUD) plan. The property is expected to develop over a period of twenty to thirty years. The general land use plan includes areas for commercial, town center, residential, civic, and school land uses. The approved PUD land use plan and narrative can provide more specific information about this development, but, in short, the Williamson Tract development will be a very large mixed used community upon build-out. The property includes frontage on three state maintained roadways which include Sunset Harbor Road (SR 1112), Southport Supply Road (NC 211) and the new Oak Island Connector Road, and a point of access is proposed on each of these roadways which will provide a total of three accesses to the development. Access management strategies have been employed on the project to limit the proposed number of accesses. As a result, the design of these three proposed development accesses are critical to providing connectivity from this mixed use community to the surrounding area. In particular, the access to the new Oak Island Connector Road is of the upmost importance to the Williamson Tract development. The Town of Oak Island is considering the eventual relocation of the town's offices to this property. Basically, the site will in essence become "Downtown" Oak Island. It is very important to the Town of Oak Island that a direct left-over access to the Williamson Tract be accommodated in order to provide for acceptable ingress of traffic from the island to the site. The Alternative F design concept provides a left-over for the northbound ingressing site traffic, while handling egressing site traffic with a right-out only access with associated southern u-turn. The Alternative A design concept provides for only a right-in and right-out access. With Alternative A, traffic from Oak Island would have to pass by the site access, and then make a u-turn in order to turn right into the site access. From a traffic analysis and level of service standpoint, these two alternatives are virtually equivalent. Therefore, the NCDOT has indicated that the Alternative F design concept would be an acceptable access design. From a safety perspective, we believe that Alternative F provides superior safety benefits. The northbound left turn is able to cross directly into the site, thereby limiting exposure time with southbound traffic. In addition, the southbound right turn into the site is accommodated by a ramp type design, in lieu of traditional intersection with a standard right turn lane. We have taken care in the design of the project's Oak Island Connector Road access in order to minimize impacts 404 wetlands and streams. However, both Alternative A and Alternative F would disturb adjacent wetlands by the fill and side slopes of proposed designs. Alternative A would impact 0.059 acres of wetlands, while Alternative F would impact 0.134 acres of wetlands. While Alternative A provides the least environmental impact, the Alternative F design concept is preferred as it relates to access and safety. We respectively request consideration and approval of the Alternative F design concept as it provides improved access and safety benefits with the allowance for the critical northbound left turn movement and with a superior design for the southbound right turn movements. 'lug 07 09 04:52p LaDane Corporation 910-579-1654 p.I STONE FARM REGIONAL MITIGATION BANK CREDIT REQUEST ACCEPTANCE LaDane Enterprises, LLC Stone Farm Mitigation Bank, LLC 2618 New Village Way 11 Causeway Drive Wilmington, NC 28405 Ocean Isle Beach, NC 28469 Date: DWE III August 7, 2009 Project Name: Williamson Tract: Road Access Expiration of Acceptance: February 7, 2010 SFMB Number: 004 Dear Sir or Madam: The purpose of this letter is to notify you that the Stone Farm Regional Mitigation Bank (Bank) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment 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 Bank will be approved. It is also the responsibility of the applicant to determine the appropriate credit ratios that will be required for the corresponding wetland and/or stream impacts. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity. This acceptance is valid for six (6) months from the date of this letter and is not transferable. If we have not received payment for the accepted credits of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. Predicated on the total payment due to the Bank, as set forth herein, a ten (10) percent non-refundable deposit is due at the time of acceptance by the Bank. It is the applicant's responsibility to send copies of their permits to the Bank. Once the Bank receives a copy of the permit(s), an invoice will be issued based on the information identified below. Payment must be made prior to conducting the authorized work. It is the applicant's responsibility to ensure that the credit types and amounts identified below are consistent with the compensatory mitigation requirements of the permit(s) issued. The Bank and/or its agents are not responsible for determining the applicant's mitigation requirements. Based on the information supplied by the applicant, the impacts that may require compensatory mitigation are summarized in the following table: CU Location Stream (ft.) Wetlands aC. Riverine Non-Riverine Impact 03040207 .141 Credits '262 Note that the impact and credit totals above were provided by the applicant. It is the applicant's responsibility to provide accurate information (including the requested mitigation credits), The Bank and/or its agents are not responsible for determining the required credit amounts. The Bank's decision to accept credits is based upon the information provided by the applicant. The Bank is not liable for any credit shortage should the applicant's required mitigation credits exceed the amount specified in the above table. Based upon the type and amounts of credits requested above, the following payment must be provided to the Bank prior to issuance of credits: Aug 07 09 04:52p LaDane Corporation Credit Type Unit Stream Non-Riverine Wetland 0 Riverine Wetland 910-579-1654 p.2 Per Unit Credit Fee Sub-Total 0 $377,00 $0.00 2 $50,327.20 $14,192.27 0 $69,755.40 $0,00 Total Payment Due $14,192.27 Non-refundable Deposit Balance Due Upon Invoice $14,192.27 Upon receipt of full payment, the Bank will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and should the applicant want the Bank to provide such credits, it is the applicant's responsibility to submit an additional credit request form to the Bank. 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