20060180 Ver 1_EEP Acceptance Letters_20070413

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April 10, 2007 "'~'ov~- ~ ~` . ~Sr`t~ ~ P:atrrt
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john C. Vilas ,-_ - - = _ -, -..
E'nV Environmental Consulting Services, Inc.
3764 Rominger Road
Banner Elk, NC 28604
Project: Laurelmor County: Watauga and Wilkes
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.
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 and 401 Certification 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 authorized 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. Please note that because the applicant has requested mitigation payments be phased to correspond
with the phasing of permitted impacts, NCEEP will use the fee schedule in place at the time of each invoice to calculate the
amount due.
Based on the information supplied by you this project may require compensatory mitigation as summarized in the following
table.
Yadkin
03040101 Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Ri arian Non-Ri arian Coastal Marsh
Credits 11,344 0 0 0.34 0 0 0 0
Based on correspondence with the U.S. Army Corps of Engineers Asheville Regulatory Field Office, we understand that you
have requested a phased permit allowing your impacts to be carried out over a period of four years. Additionally, you have
requested to make the associated mitigation payments commensurate with the impacts over four years through the year 2010.
This is acceptable to the NCEEP. It is the applicant's/agent's responsibility to request each invoice associated with a
particular phase of the project. Failure to request and pay an invoice could result in violation of your permit(s).
Opportunities for cold stream mitigation in Chis hydrologic unit are limited. Based on that fact, this acceptance is subject to
the following conditions:
(a) NCEEP may provide cold stream mitigation in a different basin and hydrologic unit and/or;
(b) NCEEP may provide cool stream mitigation within Yadkin 03040101.
Upon receipt of the applicant's payments, 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
7Z.esto~r,~t~... ~ ... Protect~;v~ Orr,Y .~tat~
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I~CDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

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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 and the
conditions outlined above.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
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llirector
cc: Cyndi Karoly, Wetlands/401 Unit
Amanda Jones, USACE-Asheville
Daryl Lamb, DWQ-Winston-Salem
File
Reston ' ... ~ ... Protect' Ou,Y Stag ©~~
I~CDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1 652 / 91 9-71 5-0476 / www.nceep.net