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Home My WebLink About20121015 Ver 1_EEP Receipt_20130306 uc.v d w ale., N r Cos stem 11at "nue'i PROGRAM November 6,2012 Joseph McSweeny Lufkin Leased Fee,LLC 4904 Waters Edge Drive Raleigh,NC 27606 Expiration of Acceptance:May 6,2013 Project:Sheetz at Lufkin and Ten Ten County:Wake This letter replaces one issued dated October 30,2012.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 approved. You must also comply with all other state federal or local government permits,resulations or authorizations associated with the proposed activity including SL 2009 337•An Act to Promote the — Use of Compensatory Mia an y-on Banks as-amended b - - — — - - - S.L.2011-343. This acceptance is valid foi 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/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.neeep.net. 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 I Cool Warm Riparian Non-Riparian Coastal Marsh Impact Neuse 03020201 0 1 0 0 C 0.16 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 Insti ument 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. j Sincerely, Q > tVJ V S �a ne Klimek Acting Director cc: Karen Higgins,NCDWQ Wetlands/401 Unit James Lastinger,USACE-Raleigh Troy Beasley,agent File i p Prot2Gt, Oar State 9 -0d1 WR1 North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652/919-715-0476/www.nceep.net i r 1a- lol� cosYstem am--emen PROGRAM RECEIPT March 6,2013 Joseph McSweeny Lufkin Leased Fee,LLC 4904 Waters Edge Drive Raleigh,NC 27606 Project- Sheetz and Lufkin and Ten Ten County: Wake DWQ# 12-1015 COE#: 2012-01851 EEP#: 20895 Amount Paid: $24,155 50 Check Number: 1047 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 I&II HUC (linear feet) (acres) (Sq Ft) Cold Cool Warm Ri arian Non-Riparian Coastal Marsh Neuse 0 0 0 0 032 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)707-8915 Sincerely, X��Lt"/-4- Michael Ellison Acting Director cc Karen Higgins,NCDWQ Wetlands/401 Unit James Lastinger,USACE-Raleigh,Tyler Crumbley,USACE-Raleigh Troy Beasley,agent File North Carolina Ecosystem Enhancement Program, 1652 Mad Service Center, Raleigh, NC 27699-1652/919-707-8976/www nceep net U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility.Transfer Form Permittee.Lukin Leased,LLC Attn:Joseph McSweeney Action ID,SAW-2012-01851 Project Name:Sheetz at Lufkin Rd and Ten-Ten Rd. 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 Impacts(acres) Warm Cool Cold Riparian Riparian Non-Riparian Coastal Riverine Non-riverine 016y *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 Non-Riparian Coastal Riverine Non-rivenne 032 Mitigation Site Debited, NCEEP (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 1 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: - Name of p nsor's Auth ized Representative: (�e,l�Tr v (�( L IA r y 1 ; fP kkAu 00 l i- Sig ur of Sp sor's Authorized Represents ve 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: • Once this document has been signed by the Mitigation Sponsor and the USACE is In receipt of the signed form, the Permlttee 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 Permlttee, 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: 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:james.c.lastinger@usace.army.mil ( November 15,2012 USACE Project Mahbger 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 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 compic-te the Customer Satisfaction Survey located at our website at htto//reguiatorv.usacesurvev corm to complete the survey online