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Home My WebLink About20042019 Ver 2_Other Agency Comments_20130405DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 -1343 REPLY TO ATTENTION OF April 2, 2013 Regulatory Division Action ID No. SAW - 200641244 Mr. David Levinson Anderson Creek Partners, LP 125 Whispering Pines Drive Spring Lake, North Carolina 28390 Dear Mr. Levinson: 1b 4--)�vIa Y �)- � 5 2013 pPR " The purpose of this letter is to provide clarification on the phased mitigation requirements of the Anderson Creek South Development as authorized in the December 14, 2012 Department of the Army (DA) permit modification. The permit modification authorized you to make in- lieu -fee payments to the North Carolina Ecosystem Enhancement Program (NCEEP) in stages rather than in one lump sum. The table below describes the mitigation phased approach and quantifies the amount of impact and the respective mitigation requirements for each project phase. Phased Wetland Mitigation Requirements Mitigation Phase Impact Areas Impact Acreage Required Amount Phase 1 R1 R2, R8, R9 and R11 0.22 0.22 Phase 2 R4 R5 R6 and R7 0.20 0.20 Phase 3 R10 and R12 0.29 1 0.29 Phase 4 Lake fill Lake flooding 1.25 7.10 8.35 Phased Stream Mitigation Requirements Mitigation Phase Impact Areas Impact linear feet Required Amount Phase 1 Rl R2, R8, R9 and R11 95 95 Phase 2 R4 R5 R6 and R7 56 56 Phase 3 R10 and R12 147 147 Phase 4 Lake fill Lake flooding 374 1464 1106 'I* -2- Please be reminded that all conditions in the original March 7, 2012 issued DA permit and the December 14, 2012 DA modification remain applicable, including the permit expiration date of December 31, 2017. In order to compensate for impacts associated with the December 14, 2012 permit modification, mitigation should be provided in accordance with the provisions outlined on the enclosed Compensatory Mitigation Responsibility Transfer Form. As stated in the Transfer Form, construction within jurisdictional areas authorized by the permit can begin only after the USACE is in receipt of a copy of this document signed by the North Carolina Ecosystem Enhancement Program, accepting responsibility for providing the required mitigation. If you have questions or concerns as they relate to this matter, please call Ms. Crystal Amschler at (910) 251 -4170. Sincerely, Mick . Sugg, Chief Wilmington Regulatory Field Office Copies Furnished: Mr. Christopher Huysman Wetland and Natural Resource Consultants, Inc. Post Office Box 1492 Sparta, North Carolina 28675 Todd Allen Bowers United States Environment Protection Agency Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303 -8960 Mr. Tony Able Chief, Wetlands Protection Section Water Management Division U.S. Environmental Protection Agency - Region IV 61 Forsyth Street Atlanta, Georgia 30303 -3- Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699 -1650 Mr. John Ellis U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636 -3726 Ms. Maria Dunn Southeast Permit Coordinator North Carolina Wildlife Resources Commission 943 Washington Square Mall Washington, North Carolina 27889 Mr. Chad Turlington Division of Water Quality North Carolina Department of Environment and Natural Resources 225 Green Street, Suite 714 Fayetteville, North Carolina 28301 Mr. Joseph D. Jeffries Harnett County, Planning Department Post Office Box 65 Lillington, North Carolina 27546 Kelly Williams NCEEP In -Lieu Fee Program Coordinator 1652 Mail Service Center Raleigh, North Carolina 27699 -1652 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitii±ation Responsibility Transfer Form Permittee: Anderson Creek Partners, LP Action ID: SAW- 2006 -41244 Project Name: Anderson Creek South Development, Phase 1 County: Harnett Instructions to Permittee: The Permittee must provide a copy of this form to the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the transfer of the mitigation responsibility. Once the NCEEP 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. Instructions to NCEEP: The NCEEP must verify that the mitigation requirements shown below are available at the identified site. By signing below, the NCEEP 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 NCEEP 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: 03030004, Cage Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non - riverine Non - Riparian Coastal 95 95 0.22 0.22 *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: 03030004. Caoe Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non - riverine Non - Riparian Coastal 95 0.22 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 NCEEP Statement of Mitigation Uability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the NCEEP shown below, and I certify that the NCEEP 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 NCEEP fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the NCEEP to ensure compliance associated with the mitigation requirements. Name of NCEEP's Authorized Representative: of NCEEP'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: • Once this document has been signed by the NCEEP 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 NCEEP, confirming that the NCEEP 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 NCEEP 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 NCEEP has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, NCEEP, 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 NCEEP 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 NCEEP 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: Crystal Amschler USACE Field Office: Wilmington Regulatory Field Office Email: US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 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 htto: / /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 complete the Customer Satisfaction Survey located at our website at htto• / /resulatory usacesurvev.com/ to complete the survey online.