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HomeMy WebLinkAbout20200348 Ver 2_Mitigation Receipts_20200501Strickland, Bev From: Beasley, Troy <TBeasley@withersrave nel.com> Sent: Friday, May 1, 2020 7:39 PM To: Teresa Andrews; Boecker, Chuck Cc: Leslie Bell; Mark Brazil (mbrazil@wyndhamchampionship.com); Homewood, Sue Subject: [External] Sedgefield CC - New Short Game Practice Facility - Major Buffer Variance Approval - Mitigation Payment Receipt Submittal Attachments: Sedgefield CC Wildlands Buffer Transfer Certificate 04-15-2020.pdf; Sedgefield CC DMS Buffer Mitigation Receipt_2020-05-01.pdf Follow Up Flag: Flag for follow up Flag Status: Flagged External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to imi,�(@nc.gov Teresa, Please find attached the NCDMS mitigation payment receipt for your records. Please note NCDMS is providing 26,500.28 sf of the 111,252 sf of total buffer mitigation required. The remaining 84,751.72 sf of the buffer mitigation has been purchased from Wildlands Engineering, for which the mitigation payment receipt is attached. Therefore, all mitigation required by the EMC Major Variance and Guilford County Buffer Authorization has been provided. Please let me know if you have any questions. Have a great weekend! Troy Beasley WithersRavenet Our People. Your Success, [withersravenel.coml 219 Station Road, Suite 101 1 Wilmington, NC 28405 Office:910.256.9277 1 Direct:910.509.6512 Mobile: 910.622.0122 tbeasley@withersravenel.com ®[linkedin.coml o [facebook.coml ©[twitter.coml [youtube.coml U [instagram.com CONFIDENTIALITY AND NONDISCLOSURE [withersravenel.com] From: Teresa Andrews <tandrews@guilfordcountync.gov> Sent: Wednesday, April 15, 2020 5:03 PM To: Beasley, Troy <TBeasIey@withersrave nel.com>; Boecker, Chuck <cboecker@withersrave nel.com> Cc: Leslie Bell <LBell@guilfordcountync.gov>; Mark Brazil (mbrazil@wyndhamchampionship.com) <mbrazil@wyndhamchampionship.com>; Homewood, Sue <sue.homewood@ncdenr.gov> Subject: Re: [External] Sedgefield CC - New Short Game Practice Facility - Major Buffer Variance Approval Hi Troy, Thank you, that is perfect, I will put that on file along with the other info you sent. With that information, the short game practice facility grading can occur within the stream buffer, per the grading plan. Please let me know if you all have any further questions. Thank you, Teresa Andrews From: Beasley, Troy <TBeasIey@withersrave nel.com> Sent: Wednesday, April 15, 2020 4:58 PM To: Teresa Andrews <tandrews@guilfordcountync.gov>; Boecker, Chuck <cboecker@withersravenel.com> Cc: Leslie Bell <LBell@guilfordcountync.gov>; Mark Brazil (mbrazil@wyndhamchampionship.com) <mbrazil@wyndhamchampionship.com>; Homewood, Sue <sue.homewood@ncdenr.gov> Subject: RE: [External] Sedgefield CC - New Short Game Practice Facility - Major Buffer Variance Approval CAUTION: This email originated from outside Guilford County. Do not click links or open attachments unless you recognize the sender and know the content is safe. Teresa, Attached is the buffer mitigation invoice from NCDMS for your records. Once the buffer authorization has been issued and the NCDMS payment receipt has been issued, I will email you a copy for your files as well. Troy Beasley WithersRavenell OUF People. Your SU(Ce55, [linkprotect.cudasvc.coml 219 Station Road, Suite 101 1 Wilmington, NC 28405 Office:910.256.9277 1 Direct:910.509.6512 Mobile: 910.622.0122 tbeasleyLa,withersravenel.com • ®[linkedin.coml o [facebook.com]© [twitter.coml [youtube.coml u [instagram.coml CONFIDENTIALITY AND NONDISCLOSURE Ilinknrotect.cudasvc.com From: Teresa Andrews <tandrews@guilfordcountync.gov> Sent: Wednesday, April 15, 2020 4:56 PM To: Beasley, Troy <TBeaslev@withersravenel.com>; Boecker, Chuck <cboecker@withersrave nel.com> Cc: Leslie Bell <LBell@guilfordcountync.gov>; Mark Brazil (mbrazil@wvndhamchampionship.com) <mbrazil@wvndhamchampionship.com>; Homewood, Sue <sue.homewood@ncdenr.gov> Subject: Re: [External] Sedgefield CC - New Short Game Practice Facility - Major Buffer Variance Approval Hi Troy, Thank you for the information. Since the sf of buffer mitigation was not referenced in the attached emails from Kelly Williams, can you provide me with the invoice that is referenced so we can keep it in our records along with the email you attached. Thank you, Teresa Andrews From: Beasley, Troy <TBeasIey@withersrave nel.com> Sent: Wednesday, April 15, 2020 4:33 PM To: Teresa Andrews<tandrews@guilfordcountync.gov>; Boecker, Chuck <cboecker@withersravenel.com> Cc: Leslie Bell <LBell@guilfordcountync.gov>; Mark Brazil (mbrazil@wvndhamchampionship.com) <mbrazil@wvndhamchampionship.com>; Homewood, Sue <sue.homewood@ncdenr.gov> Subject: RE: [External] Sedgefield CC - New Short Game Practice Facility - Major Buffer Variance Approval CAUTION: This email originated from outside Guilford County. Do not click links or open attachments unless you recognize the sender and know the content is safe. Teresa, Good talking with you today. I have attached the following to this email: • Wildlands Engineering Mitigation payment receipt for the purchase of 84,751.72 sf of buffer mitigation • Email from NCDMS specifying that payment has been received for the 26,501 sf of buffer mitigation. I spoke with Kelly Williams at NCDMS, and issuing the mitigation payment receipt before receipt of the Buffer Authorization would result in procedural issues. Therefore, NCDMS will wait until receipt of the Buffer Authorization before issuing the mitigation payment receipt. The attached documents provide assurance that the buffer mitigation required by Guilford County Buffer Authorization (once issued) has been satisfied. Based on our conversation today, the provision of the attached documentation is sufficient for the County to allow the permittee to begin construction within the buffers in advance of the issuance of Buffer Authorization, since the County is waiting on the final written approval for the unanimously approved Major Variance. Can you please confirm? Thanks again for all your help with this project. We really appreciate it! Troy Beasley WithersRa enet + our People. Your Success, flinkprotect.cudasvc.coml 219 Station Road, Suite 101 1 Wilmington, NC 28405 Office:910.256.9277 1 Direct:910.509.6512 Mobile: 910.622.0122 tbeasley(a withersravenel.com ®[linkedin.coml n [facebook.com]© [twitter.coml [youtube.coml o [instagram.com CONFIDENTIALITY AND NONDISCLOSURE [Iinkprotect.cudasvc.com] From: Teresa Andrews <tandrews@guilfordcountync.gov> Sent: Wednesday, April 15, 2020 11:44 AM To: Boecker, Chuck <cboecker@withersrave nel.com>; Beasley, Troy <TBeasley@withersravenel.com> Cc: Leslie Bell <LBell@guilfordcountync.gov>; Mark Brazil (mbrazil@wyndhamchampionship.com) <mbrazil@wyndhamchampionship.com>; Homewood, Sue <sue.homewood@ncdenr.gov> Subject: Re: [External] Sedgefield CC - New Short Game Practice Facility - Major Buffer Variance Approval Hi Chuck, I copied Sue's email from below, as she stated (highlighted), there shouldn't be any issue receiving the receipts for mitigation once it is paid, regardless of the EMC letter. Please let me know if you have further information from the mitigation banks stating that they will not issue a receipt until the EMC letter is issued. Hi Troy, Yes, the EMC has to issue their final decision in writing. Counsel is aware of the time sensitivity and said they would do their best to get that out. You should be able to finalize the mitigation process and secure receipts in the meantime. Once the EMC issues their final decision the County would issue a final approval which includes all the conditions. Technically the mitigation is to satisfy the County's final authorization, but please send a copy of the receipts to me also. We asked the EMC Counsel if the project could start work upon receipt of the 404/401 and all other permits (erosion control, etc) but prior to their issuance of the EMC written decision and they indicated that they would not have a concern, provided the Department and the County had no objection, but also provided this statement: The applicant, however, be aware that should it chose to proceed based on the vote, any action taken under the "benefits" of the variance would likely be raised in any subsequent challenge to the variance decision. In other words, if the Committee votes to approve the variance and the applicant proceeds with the work immediately, as it indicates it plans to do, the fact that the applicant began work based on the Committee's vote would likely be raised as a defense in the event the applicant later decides to challenge the variance. Sue Homewood Division of Water Resources, Winston Salem Regional Office Department of Environmental Quality Thank you, Teresa Andrews Stormwater Program Administrator Guilford County From: Boecker, Chuck <cboecker@withersravenel.com> Sent: Wednesday, April 15, 2020 11:21 AM To: Teresa Andrews <tandrews@guilfordcountync.gov> Cc: Leslie Bell <LBell@guilfordcountync.gov>; Mark Brazil (mbrazil@wvndhamchampionship.com) <mbrazil@wvndhamchampionship.com> Subject: FW: [External] Sedgefield CC - New Short Game Practice Facility - Major Buffer Variance Approval CAUTION: This email originated from outside Guilford County. Do not click links or open attachments unless you recognize the sender and know the content is safe. Teresa, Based on the email below that you received on April 6th, the EMC board has no issue with Sedgefield doing the work in the buffer. The problem is that the letter from the EMC will not be ready till the beginning of next week, that will trigger the release of the receipts for the mitigation that then could be sent to you. The email indicates that the EMC will allow the construction within the buffer if you and NCDEQ have no objections. If we wait for all of this communication, they MAY do construction in the buffer at the end of next week, that losses them 10 days in an already tight schedule. The client understands that they would be proceeding at their risk, based on the potential of an appeal of the approval. Can you authorize them to do the work in the buffer now? If you can't, who can authorize the work in the buffer to proceed immediately? Thanks, Chuck Boecker Director of Land Development-GreensboroWithersRavenel (D ill ither ven l Our people. Your Success, [linkprotect.cudasvc.coml 424 Gallimore Dairy Road, Suite C I Greensboro, NC 27409 Office: 336.605.3009 1 Direct: 919.238.0449 1 Cell 336-202-3075 cboecker(a withersravenel.com [3 Oflinkedin.comlo[facebook.com][twitter.coml [youtube.coml U [instagram.coml CONFIDENTIALITY AND NONDISCLOSURE Ilinknrotect.cudasvc.com From: Beasley, Troy <TBeasIey@withersrave nel.com> Sent: Monday, April 6, 2020 10:29 AM To: Boecker, Chuck <cboecker@withersravenel.com> Subject: FW: [External] Sedgefield CC - New Short Game Practice Facility - Major Buffer Variance Approval Chuck, See email below from Sue Homewood on the next steps for the EMC's issuance of the final decision in writing. I have requested the buffer mitigation invoice from the mitigation bank, and will forward it once I receive it to facilitate payment. Troy Beasley WithersRavenet Our People. Your success, [linkprotect.cudasvc.coml 219 Station Road, Suite 101 1 Wilmington, NC 28405 Office:910.256.9277 1 Direct:910.509.6512 Mobile: 910.622.0122 tbeasleyga,withersravenel.com ®[linkedin.coml© [facebook.com]© [twitter.coml [youtube.coml U [instagram.coml CONFIDENTIALITY AND NONDISCLOSURE Ilinknrotect.cudasvc.com From: Homewood, Sue <sue.homewood@ncdenr.gov> Sent: Monday, April 6, 2020 9:43 AM To: Beasley, Troy <TBeasley@withersravenel.com>; Teresa Andrews <tandrews@guilfordcountync.gov> Subject: RE: [External] Sedgefield CC - New Short Game Practice Facility - Major Buffer Variance Approval Hi Troy, Yes, the EMC has to issue their final decision in writing. Counsel is aware of the time sensitivity and said they would do their best to get that out. You should be able to finalize the mitigation process and secure receipts in the meantime. Once the EMC issues their final decision the County would issue a final approval which includes all the conditions. Technically the mitigation is to satisfy the County's final authorization, but please send a copy of the receipts to me also. We asked the EMC Counsel if the project could start work upon receipt of the 404/401 and all other permits (erosion control, etc) but prior to their issuance of the EMC written decision and they indicated that they would not have a concern, provided the Department and the County had no objection, but also provided this statement: The applicant, however, be aware that should it chose to proceed based on the vote, any action taken under the "benefits" of the variance would likely be raised in any subsequent challenge to the variance decision. In other words, if the Committee votes to approve the variance and the applicant proceeds with the work immediately, as it indicates it plans to do, the fact that the applicant began work based on the Committee's vote would likely be raised as a defense in the event the applicant later decides to challenge the variance. Sue Homewood Division of Water Resources, Winston Salem Regional Office Department of Environmental Quality 336 776 9693 office 336 813 1863 mobile Sue. Homewood@ncdenr.gov 450 W. Hanes Mill Rd, Suite 300 Winston Salem NC 27105 From: Beasley, Troy <TBeasIey@withersrave nel.com> Sent: Friday, April 3, 2020 3:21 PM To: Teresa Andrews<tandrews@guilfordcountync.gov>; Homewood, Sue <sue.homewood@ncdenr.gov> Subject: [External] Sedgefield CC - New Short Game Practice Facility - Major Buffer Variance Approval • External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to r m nc. ov Teresa/Sue, So now that the EMC has approved the major variance, what are the next steps. I know that the EMC has to issue the "final" approval with conditions. Any idea when that will be officially issued? Also, what triggers the need to purchase the buffer mitigation, and who do we provide the mitigation payment receipt to? Thanks! Have a great weekend! Troy Beasley %)ill ithef avenel our People. Your success, [withersravenel.coml [linkprotect.cudasvc.coml 219 Station Road, Suite 101 1 Wilmington, NC 28405 Office:910.256.9277 1 Direct:910.509.6512 Mobile: 910.622.0122 tbeasley(a withersravenel.com Oflinkedin.coml [linkprotect.cudasvc.comla [facebook.coml [linkprotect.cudasvc.coml© [twitter.coml [linkprotect.cudasvc.coml [youtube.coml [linkprotect.cudasvc.coml U [instagram.coml [linkprotect.cudasvc.coml CONFIDENTIALITY AND NONDISCLOSURE fwithersravenel.coml Ilinknrotect.cudasvc.com GUILFORD COUNTS 4;rUMS 2020 flinkprotect.cudasvc.coml Guilford Counts — Census 2020. Click to learn more. [linkprotect.cudasvc.coml E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized county official. If you have received this communication in error , please do not distribute it. 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Please notify the sender by E-mail at the address shown and delete the original message. ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Michael Shoun Sedgefield CC Acquisitions, LLC 400 Donald Ross Lane Raleigh, NC 27610 mar Q�uu+ NORTH CAROLINA Environmental Quality RECEIPT April 15, 2020 Project: Sedgefield CC Short Game Practice Facility County: Guilford 401 permit#: 20-02-gcpl-01573 404 permit#: DMS ID#: MR-07459 Amount Paid: $100,968.81 Check Number: 13684 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 - Randleman Riparian Buffer 26,500.28 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 at (919) 707-8915. cc: Troy Beasley, agent Sincerely, Av�dj� FOR Tim Baumgartner Director t�.�� NORTH CAROUNAD_E QI� Departmental Enviran—tal quality North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. ]ones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 HWILD oiNcs � Mitigation Credit Transfer Certificate April 15, 2020 Sedgefield Country Club Acquisition, LLC 400 Donald Ross Drive Raleigh, NC 27610 Attn: Michael Shoun RE: Bank Name: Randleman Lake Umbrella Mitigation Bank Instrument: Loflin Dairy Phase II Site Bank Sponsor: Wildlands Holdings V, LLC (wholly owned by Wildlands Engineering, Inc.) DWR Project #: 2019-0183 Riparian Buffer Credits Purchased: 84,751.72 sq. ft. Cape Fear 03030003 River Basin (Randleman Watershed) Project name: Sedgefield Country Club — New Short Game Facility Applicable Local Government/Municipality jurisdiction: Guilford County Dear Mr. Shoun, You have elected to fulfill your permitted Riparian Buffer Mitigation requirements for the above - mentioned project by paying into the Randleman Lake Umbrella Mitigation Bank Instrument: Loflin Dairy Phase II Site sponsored by Wildlands Holdings V, LLC, wholly owned by Wildlands Engineering, Inc. ("The Bank"). The applicant has received an authorization certificate for Riparian Buffer impacts and is required to mitigate as part of the Consolidated Mitigation Rules 15A NCAC 02B .0295. Payment into a private mitigation bank is acceptable per this rule. The Environmental Management Commission (EMC) and Guilford County specified and verified the amount of the Riparian Buffer offset necessary for approval of the permit as 111,252 sq. ft. of Buffer Mitigation credits. Wildlands Holdings V, LLC is providing 84,751.72 sq. ft., this is a partial fulfillment of the above -mentioned project, the remaining balance will be provided by the NC Division of Mitigation Services (DMS). Wildlands Holdings V, LLC has receipt of a copy of the 401 Water Quality Certification Authorization Certificate from the NC Department of Environmental Quality approving the Riparian Buffer mitigation purchase from the Bank. The Bank has received full payment for mitigation for the above referenced project. You must also comply with any other state, federal or local government permits or authorization associated with this activity including SL 2009-337, and Act to Promote Compensatory Mitigation Banks. This payment into the Bank is not transferable. Wildlands Holdings V, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203 HWILD oiNcs � If you have any questions regarding the purchase of these credits, please contact me at (704) 332-7754 ext.120 or ihazelhoff@wildlandseng.com. Sincerely, Ian M. Hazelhoff Wildlands Engineering, Inc. Land Acquisition ihazelhoff@wildlandseng.com 0: (704) 332-7754 ext.120 M: (205) 807-0800 Cc: Ms. Katie Merritt, NC Division of Water Resources (bi-annually) Mr. Troy Beasley, WithersRavenel Wildlands Holdings V, LLC • Wildlands Engineering, Inc • 1430 South Mint Street, Suite 104, Charlotte, NC 28203