20200859 Ver 1_More Info Received_20200817

Strickland, Bev
From: Nardo, Anthony <[e-mail]>
Sent: Monday, August 17, 2020 8:10 AM
To: Johnson, Alan
Cc: Mularski, Eric
Subject: [External] RE: yadkine regional supply
Attachments: 06_Yadkin_ILF-Request-20200706_Signed.pdf, Yadkin Regional Water Supply Project
conditional Acceptance Letter.pdf, Yadkin_Comp_Mit_Res_Form_20200728.pdf
External email. Do not click links or open attachments unless you verify. &jId all suspicious email as an attachment to
[e-mail]
Mr. Johnson,
We are requesting 0.05 riparian riverine wetland credits in HUC 03040104 and 1.68 riparian riverine wetland credits in
HUC 03040105 for mitigation. We have received a conditional acceptance letter from the NCDMS. I have attached the
ILF Request form, the Conditional Acceptance Letter, and the Compensatory Mitigation Responsibility Transfer form.
Please let me know if you require anything else.
Thank You,
Tony Nardo
D 980.337.5004 M 814.449.7827
hdrinc.com/follow-us
From: Johnson, Alan [mailto:[e-mail]]
Sent: Friday, August 14, 2020 2:37 PM
To: Nardo, Anthony <[e-mail]>
Subject: yadkine regional supply
CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Mitigation request wasn't include for the 1.6 acre of permanent wetland impact/conversion
DWR
DEvi-don of WAter Resources.
Alan D Johnson — Senior Environmental Specialist
NC Dept. of Environment & Natural Resources (NCDENR)
Division of Water Resources - Water Quality Regional Operations
610 East Center Ave., Suite 301, Mooresville, NC 28115
Phone: [phone] Fax: [phone]

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 unless the content is exempt by statute or other regulation.

DMS ILF Mitigation Request Statement of Compliance with §143-214.11 & 143-214.20
(link to G.S. 143-214.11)
Prior to accessing the Division of Mitigation Services (DMS), state law requires applicants to
demonstrate compliance with G.S. § 143-214.11 and 143-214.20. All requests MUST include this form
signed and dated by the permit applicant or an authorized agent.
Compliance Statement:
I have read and understand G.S. § 143-214.11 and 214.20 and have, to the best of my
knowledge, complied with the requirements. I understand that participation in the DMS is
voluntary and subject to approval by permitting agencies.
Please check all that apply:
❑ Applicant is a Federal or State Government Entity or a unit of local government
meeting the requirements set forth in G.S. 143-214.11 and is not required to
purchase credits from a mitigation bank.
aThere are no listed mitigation banks with the credit type I need located in the
hydrologic unit where this impact will take place Mink to QwR list)
❑ Mitigation bank(s) in the hydrologic unit where the impacts will occur have been
contacted and credits are not currently available.
❑ The DWR or the Corps of Engineers did not approve of the use of a mitigation
bank for the required compensatory mitigation for this project.
❑ This is a renewal request and the permit application is under review. Bank
credits were not available at the time the application was submitted.
Enter date permit application was submitted for review:
Note: It is the applicant's responsibility to document any inquiries made to private mitigation
banks regarding credit availability.
AWN I have read and understand the DMS refund aolicies (attached)
initial here
Digitally signed by Nardo, Anthony
Nardo, Anthony William William Anthony Nardo
Date: 2020.06.23 08:46:01-04'00'
Signature of Applicant or Agent
6/23/2020
Date
Yadkin Regional Water Supply Project
Printed Name
Stanly and Union Counties
Project Name Location

DIVISION OF MITIGATION SERVICES (DMS)
IN -LIEU FEE REQUEST FORM Revised 6/30/2019
Complete requested information, sign and date, email to kelly.williams(a)_ncdenr.gov . Attachments are acceptable for clarification
purposes (location map, address or lat long is required). Information submitted is subject to NC Public Records Law and may
be requested by third parties.
................. ...........................................................................................................................................................................
CONTACT INFORMATION APPLICANT'S AGENT APPLICANT
....................................................................................................................:.....................................................................................................................:....................................................................................................................i
1. Business/Company Name
.............................................................................................
2. Contact Person
.............................................................................................
3. Mailing address
.............................................................................................
4. City, State, Zip
.............................................................................................
5. Telephone Number
HDR Engineering of the Carolinas
................................................................................................................
Tony Nardo
................................................................................................................
440 S. Church St., Suite 1000
................................................................................................................
Charlotte, NC 28202
................................................................................................................
704-337-5004
Union County
............................................................................
John Shutak, PE
............................................................................
500 N. Main St., Suite 500
............................................................................
Monroe, NC 28112
............................................................................
704-283-3651
6. E-Mau Address [e-mail] [e-mail]
PROJECT INFORMATION
.........................................................................................................................................................................................................................................................................................................................................................
7. Project Name Yadkin Regional Water Supply Project
...............................................................................................................................................:..........................................................................................................................................................................
8. Project Location (nearest town, city) Linear - Monroe, New Salem, Oakboro, Norwood
13. Riparian Wetland Impact (ac.) (e.g., 0.13)
................................................................................................................................................
17. Riparian Buffer Impact (sq. ft.)
n/a basin/huc above in #11
18. Regulatory Agency Staff Contacts
USACE: Bryan Roden -Reynolds
Check (�) below if this request is for a: ❑
revision to a current acceptance
renewal of an expired acceptance
extension of unexpired acceptance
35.141930,-80.357640
Union and Stanly
03040104 - Upper Pee Dee; 03040105 -
Project Type: other
03040104 - 0.68 ac; 03040105 - 1.16 ac
Zone 1:
NCDWR: Alan Johnson
Other:
By signing below, the applicant is confirming they have
read and understand the DMS refund policy posted at
nceep.net and attached to this form.
Signature of Applicant or Authorized Agent:
Nardo, Anthon William Digitally signed by Nardo, Anthony William
Y Date: 2020.06.23 08:46:47-04'00'
Date: 06/23/2020
Direct questions to Kelly Williams at 919-707-8915 or kelly.williams(c_ncdenr.gov or to the front desk at 919-707-8976

Refund Policy for Fees Paid to DMS In -Lieu Fee Programs (9/21/2009)
Purpose: The purpose of this policy is to make clear the circumstances and process under which a
permittee can obtain a refund while simultaneously balancing customer service and responsible
business practices. This policy applies to all refund requests made on or after the publication date of
this policy.
Policy Statement: The policy of DMS is to allow for refunds under certain conditions.
1. All refund requests must be made in writing to the DMS In -Lieu Fee Program Coordinator at
kelly.williamsP_ncdenr.gov.
2. All refund requests are subject to fund availability. DMS does not guarantee fund availability for
any request.
3. The request must either come from the entity that made the payment or from an authorized agent.
Third parties requesting refunds must provide written authorization from the entity that made the
payment specifying the name and address of the authorized refund recipient.
4. Refund requests related to unintended overpayments, typographical errors or incorrect invoices
should be brought the attention of the In -Lieu Fee Program Coordinator as soon as possible. Such
requests are typically approved without delay.
5. Payments made under an incremental payment arrangement are not eligible for refunds.
6. Refund requests made within nine months of payment to DMS will only be considered for requests
associated with projects that have been terminated or modified where the permittee's mitigation
requirements have been reduced. Such requests must be accompanied by written verification from the
permitting agency that the project has been canceled, the permits have been rescinded or have been
modified, or the mitigation requirements have been reduced.
7. Refund requests made more than nine months from the payment date will only be considered for
permits that were terminated or modified to not require any mitigation. Such requests must be
accompanied by written verification from the permitting agency that the project has been canceled, the
permits have been rescinded and/or mitigation is no longer required.
8. Refund requests not meeting the criteria specified above are not eligible for a refund.
9. Refund requests that meet the criteria above will be elevated to DMS Senior Management for
review. The following considerations apply to all refund requests:
a. availability of funds after consideration of all existing project and regulatory obligations
b. the date the payment was made
c. the likelihood DMS can use the mitigation procured using the payment to meet other
mitigation requirements
10. Once a refund has been approved, the refund recipient must provide a completed W-9 form to the
DMS In -Lieu fee Program Coordinator within two weeks in order to process the refund though the
State Controller's Office.
11. All decisions shall be final.

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
John Shutak
Union County
500 N. Main St., Suite 500
Monroe, NC 28112
NORTH CAROLINA
Environmental Quality
July 6, 2020
Expiration of Acceptance: 1/6/2021
Project: Yadkin Regional Water Supply Project County: Union
This is a conditional acceptance letter.
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) 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 DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
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 within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS 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 by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Yadkin
03040104
Riparian Wetland
0.68
Yadkin
03040105
Riparian Wetland
1.16
Yadkin
03040105
Non -Riparian Wetland*
0.92
*Non -riparian wetland credit is not available in this service area. In accordance with the directive
from the February 8, 2011 IRT meeting, non -riparian wetland impacts located in the mountains and
piedmont areas of North Carolina can be accepted as requested, but mitigated utilizing riparian
wetland mitigation credits. Upon receipt of payment, DMS will take responsibility for providing the
compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program
instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you
have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
FOR James. B Stanfill
Asset Management Supervisor
cc: Tony Nardo, agent
e:,�e
NORTH CAROLINAD_E QI
Uepanmeirt of Enrlmomemm Quay
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

Compensatory Mitigation Responsibility Transfer Form
Permittee: Union County Public Works, John Shutak Action ID: SAW-2018-01144
Project Name: Yadkin Regional Water Supply Project County: Union/Stanly
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 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 (credits) 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 bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington 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: 03040104, Yadkin River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.049
*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: 03040104, Yadkin River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.05
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03040105, Yadkin River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
1.808
*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: 03040105, Yadkin River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
1.68
Mitigation Site Debited:
(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 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:
Name of Sponsor's Authorized Representative:
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 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: A letter from NCDMS, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility, dated 7/6/2020 was included with the preconstruction notification.
This form is not valid unless signed below by the USACE 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 USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27587 (email: [e-mail]. mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.

USACE Project Manager: Bryan Roden -Reynolds
USACE Field Office: Charlotte Regulatory Office
US Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
Email: [e-mail]
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KENNETH.12633 REYNOLDS.BRYAN.KENNETH.1263385574
85574 Date: 2020.07.27 11:59:25-04'00' 7/27/2020
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.mil