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Home My WebLink About20130664 Ver 1_Koenig Commercial_Executed Mitigation Credit Transfer_20131112U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: John Koenig, Inc. Action ID; SAW- 2013 -00578 Project Name: Lowe's foods / Koenig Commercial property County: Onslow 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: 03030001, White Oak /Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Cool Cold Riparian Riparian Riparian Coastal Warm Cool Cold Non- riverine Non- Riparian Coastal Riverine Nan - riverine 243 0.404 *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: 03030001, White Oak /Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riparian Non- Riparian Coastal Riverine Non- riverine 486 0.884 Mitigation Site Debited: Bachelors Delight Mitigation Bank (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: 1, 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, • / �t Mitigation Sponsor Name: �e fpr?ew6eR � .rl/ ZS147 1�y�r�i°m�rvf Name of Sp sor' err',�d R resentative: Signa of Sponsor's rized Representative Dat of Signature Page 1 of 2 Form Updated 2 October, 2012 USAGE 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 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: • in addition to the 0.404 acre of permanent wetland foss, compensatory mitigation is required at a 1:1 ratio for a 0.076 acre wetland area where wetland hydrologic function has been reduced due to lack of hydrologic conveyance under an authorized road crossing. Calculations and justification for this functional loss are included in a letter and attachment from Todd Simmons, P.E. with Freeland and Kaufman, Inc. dated 6/28/2013, and included in the submitted PCN application and attached information dated 6/28/2013 (received 7/1/2013). Both the permanent and functional wetland losses are included in the total compensatory wetland mitigation requirement of 0.884 credits. 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: USACE Field Office: Email: David Bailey Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 David. E.Baliey2 usace.army.mil July 11 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: / /ribits.usace.arniy.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 http : / /regulatory.usacesurvey.Com/ to complete the survey online.