20091358 Ver 1_EEP Letters_20091015

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PROGRAM
October 15, 2009
Gene Lowder
Lowder Grading, Inc.
2810 Griffith Road
Winston-Salem, NC 27103
Project: 2810 Griffith Road
County: Forsyth

The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) cannot accept payment
for impacts associated with the above referenced project. Session Law 2009-337 requires that some applicants obtain mitigation
credits from a mitigation bank if a bank has credits available in the same hydrologic unit as the impact. It is our understanding that
bank credits are available in the Yadkin 03040101 and that you intend to use a bank as your mitigation provider. This letter rescinds
our acceptance letter dated October 13, 2009.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
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William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
John Thomas, USACE-Raleigh
Sue Homewood, NCDWQ-Winston-Salem
Michael Brame, agent
File
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NCE EERA
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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PROGRAM
October 13, 2009
Gene Lowder
Lowder Grading, Inc.
2810 Griffith Road
Winston-Salem, NC 27103
Project: 2810 Griffith Road
Expiration of Acceptance: July 13, 2010
County: Forsyth
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) 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 NCEEP 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 SL 2009-337• An Act to Promote
Compensatory Mitigation by Private Mitigation Banks
This acceptance is valid for nine 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/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP 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 Nuthorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer 11
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact Yadkin 03040101 0 0 250 0 0 0 0 0
Credits Yadkin 03040101 0 .0 500 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the
U.S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Si erely,
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Willi D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
John Thomas, USACE-Raleigh
Sue Homewood, NCDWQ-Winston-Salem
Michael Brame, agent
File
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NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net