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HomeMy WebLinkAbout20120612 Ver 1_EEP Letter_20130111U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Action ID: SAW- 2012 -00929 Permittee: NCDOT Project Name: BR 97 replacement NCDOT Project Reference: 8B.204721 County: Hoke Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Bank or In -Lieu Fee (ILF) Sponsor, who will sign the form to verify the transfer of the mitigation credits. 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 mitigation associated with a single permit action, separate forms shall be provided to each mitigation Sponsor. Instructions to Sponsor: The Sponsor should verify that the mitigation requirements shown below are available and ensure that they have received payment before signing this form. By signing below, the Sponsor is accepting responsibility for the identified mitigation. 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 /ILF 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: 03040203, Lumber River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riparian Non- Riparian Coastal Cool Cold Riverine Non - riverine Coastal 31.5 Riverine Non - riverine 63 *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: 03040203, Lumber River Basin Stream (credits) Wetland (credits) Riparian Riparian Warm Cool Cold Non- Riparian Coastal Riverine Non - riverine 63 Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Bank /ILF Sponsor shown below, and certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (or advance credits for ILF programs), as approved by the USACE, are currently available at the bank /ILF site identified below, 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. Mitigation Bank /ILF Sponsor: NCEEP Mitigation Site Debited: Advanced Credits (List the bank site to be debited, or indicate "Advance Credits" for ILF use of advance credits) i r U Name of Sponsor's Authorized Representative:_ r Signature of Sponsor's Authorize Representative ate of ignature f� E- -) 0 -IOV( l l�lie c J r �f j G 6 9J�1 � f tr7 /9C1( .�s COAA re- Page 1 of 2 Form Updated 14 August, 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 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 Bank /ILF Sponsor, and in the USACE administrative records for both the permit and the Bank /ILF Instrument. It is the Permittee's responsibility to provide a signed copy of this form to the USACE Project Manager at the address below. • 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 project was originally authorized on June 26, 2012. Since then, the project impacts have decreased. The project impacts decreased from 54 linear feet of permanent stream impact to 31.5 linear feet of permanent stream impact and the compensatory mitigation requirements have decreased from 108 linear feet of stream mitigation to 63 linear feet of stream mitigation. 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: Ronnie Smith USACE Field Office: Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Email: Ronnie.d.smith @usace.army.mil Digitally signed by SMITH.RONNIE.DALE.1281725242 SMITH.RONNIE.DALE.1281725242 ou= USA Scn= SMITH.RONNIE.DALE.1281725z 2KI, Date: 2013.01.07 15:32:53 - 05'00' January 7, 2013 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: / /ri bits. usace.army.mi1. 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 httlr re ulatolv.usacesur ✓ey.com to complete the survey online.