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HomeMy WebLinkAbout20120348 Ver 1_EEP Receipt_20121220 ► � - 03 ' ? Iwo 'c®s stern ..� ��re�ne� PROGRAM November 6,2012 Wayne Hightower Blue Heron Fund I I I Cloister Ct.,Suite 114 Chapel Hill,NC 27514 Expiration of Acceptance:May 6,2013 Project:Marquee Station County:Wake !f The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program(NCEEP)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 NCEEP 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 f 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 the Use of compensatory Mitigation Banks as amended by --------------------- -- ----------- -- i 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 i 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 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. i Based on the information:supplied by you in your request to use the NCEEP,the impacts that may require compensatory mitigation are summarized in the following table. The amount of mitigation required for this impact is determined by permitting agencies. River CU Stream(feet) Wetlands(acres) Buffer I Buffer II Basin Location (Sq.Ft.) (Sq.Ft.) Cold Cool I Warm Riparian Non-Ri arian Coastal Marsh Impact Neuse 03020201 0 0 0 0.Z1 0 0 0 0 Upon receipt of payment,EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the N.C.Department of Environment and Natural Resources' Ecosystem Enhancement Program In-Lieu Fee Instrument dated July 28,2010. Thank you for your interest in the NCEEP. If you have any questions or need additional information,please contact Kelly Williams at (919)716-1921. Sincerely,' . L Suza ne limek Acting irector cc: Karen Higgins,NCDWQ Wetlands/401 Unit James Lastinger,USACE-Raleigh Andy Kiley,agent File Reston' .. .. Protect' , Ortr Stag ATA ` � H®IEWR i North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652/919-715-0476/www.nceep.net 's i D3 �g En gogystem�ent PROGRAM RECEIPT December 20,2012 Wayne Hightower BH Marquee Station LLC I I I Cloister Ct,Suite 114 Chapel Hill,NC 27514 Project: Marquee Station County: Wake DWQ# 12-0348 COE#: 2011-01566 EEP ID#: 20764 Amount Paid: $33,480.00 Check Number: 2045 The North Carolina Ecosystem Enhancement Program(NCEEP)has received a check as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/CAMA Permit(s)issued for the above referenced project. This receipt serves as notification that your compensatory mitigation requirements assigned to NCEEP 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 SL 2009- 337,An Act to Promote the Use of Compensatory Mitigation Banks,as amended by S.L.2011-343. The NCEEP,by acceptance of this payment,acknowledges that the NCEEP 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 NCEEP is nontransferable. The mitigation will be performed in accordance with the N.C. Department of Environment and Natural Resources'Ecosystem Enhancement Program In-Lieu Fee Instrument dated July 28, 2010. River Basin Stream Credits Wetland Credits Buffer 1&11 HUC (linear feet) (acres) (Sq.Ft.) Cold Cool Warm Ri arian on-Riparian Coastal Marsh Neuse 0 0 0 0.42 0 0 0 03020201 Refunds of payments made to NCEEP are only approved under certain conditions. All refund requests must be submitted in accordance with EEP's refund policy at www.nceep.net. If you have any questions or need additional information,please contact Kelly Williams at(919)716-1921. Sincerely, xaw,�", Suzanne Klimek Acting Director cc: Karen Higgins,NCDWQ Wetlands/401 Unit James Lastinger,USACE-Raleigh; Tyler Crumbley,USACE-Raleigh Andy Kiley,agent File R .dodo ... FK,df.Gw�GLGl.GG9... PYDt"' our fta& ;2A North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652/919-715-0476/www nceep net U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee:BH Marquee Station,LLC Action ID:SAW-2011-01566 Project Name:Marquee Station County:Wake 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 Ecosystem Enhancement Program(NCEEP), 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 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 appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank/In-Lieu Fee Program Manager. 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:03020201, Neuse River Basin Stream Impacts(linear feet) Wetland im acts(acres) Warm Cool Cold Riparian Riparian Non-Riparian Coastal Riverine Non-riverine _ _ 0.21 '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:03020201,Neuse River Basin Stream Mitigation(credits) Wetland Mitigation(credits) Warm Cool Cold Riparian Riparian Riverine Non-rlverine Non Riparian Coastal p� 0.42 Mitigation Site Debited:_ 1 OP_ E jfl (List the name of the bank to be debited. For umbrella banks,also list the specific site. For NCEEP, list NCEEP. If the NCEEP 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 NCEEP), 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: M1, Name Sp nsor's Aut rized Be resentative: � � I�w��I rt,yr S 20 aC 2012 _ Si atur of S o sor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 18 September,2012 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: o 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. o 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. o 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. o 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: This form is not valid unless signed by the mitigation Sponsor and USACE Project Manager. For questions regarding this form or any of the conditions of the permit authorization,contact the Project Manager at the address below. USACE Project Manager: James Lastinger USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive,Suite 105 Wake Forest, North Carolina 27587 Email: November 21.2012 USACE Project Managef 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 htta://ri bits.usace.army.m11. Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public To help us ensure we continue to do so,please complete the Customer Satisfaction Survey located at our website at htta:Hreeulatory.usacesurvey.com/`to complete the survey online.