20040589 Ver 2_Mitigation Bank Information_20211222

Strickland, Bev
From: Johnson, Alan
Sent: Wednesday, December 22, 2021 2:46 PM
To: Perez, Douglas J
Subject: FW: [External] Duke Energy South Point Access Area Mitigation.pdf
Attachments: Duke Energy South Point Access Area Mitigation.pdf
Here ya go, for south point....duke project
DWR
Division of Water Resources
Alan D Johnson — Senior Environmental Specialist
NC Dept. of Environment & Natural Resources (NCDENR)
Division of Water Resources - Water Quality Regional Operations
610 East Center Ave., Suite 301, Mooresville, NC 28115
Phone: [phone] Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
From: Styer, Tami [mailto:[e-mail]]
Sent: Wednesday, December 22, 2021 2:39 PM
To: Johnson, Alan <[e-mail]>
Cc: Lineberger, Jeff <[e-mail]>; Santos, Sarah Anna <[e-mail]>;
Couture, Brian <[e-mail]>; Cahoon, Steve <[e-mail]>; 'Chris Huysman'
<[e-mail]>
Subject: [External] Duke Energy South Point Access Area Mitigation.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Mr. Johnson,
Please find attached the information requested in order to obtain the necessary permit for Duke Energy's South Point
Access Area construction. Please contact me or Chris Huysman if you have questions or need additional information.
Best Regards,
Tami Styer
1

(� DUKE
ENERGY
VIA EMAIL
December 22, 2021
Alan Johnson, Senior Environmental Specialist
North Carolina Department of Environmental Quality
Division of Water Resources
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
WATER STRATEGY AND HYDRO LICENSING
Reference: Duke Energy Carolinas, LLC
Catawba-Wateree Hydroelectric Project (FERC No. 2232)
South Point Access Area
Catawba River Basin Riparian Buffer Regulations and Swim Beach Mitigation
Dear Mr. Johnson:
Duke Energy Corporation
Regulated and Renewable Energy
526 South Church Street/EC12Q
Charlotte, NC 28202
Duke Energy Carolinas, LLC, proposes to upgrade the South Point Access Area to enhance public recreation opportunities on
Lake Wylie in Gaston County, NC. This facility is in compliance with the Federal Energy Regulatory Commission (FERC)
approved Recreation Management Plan (RMP) for the Catawba-Wateree Hydroelectric Project (FERC No. 2232)' and is a
requirement of the License issued by FERC on November 25, 2015. This swim beach is also a requirement of the
Comprehensive Relicensing Agreement (CRA), a binding contract signed by Duke Energy, the NC Department of
Environmental Quality (DEQ) and 68 other parties in 2006 during the relicensing of the Catawba-Wateree Project.
As you discussed with Steve Cahoon on Tuesday, December 21, 2021, Duke Energy's position is that this swim beach
constitutes an exempt use under the Catawba River Basin Riparian Buffer Regulations. Accordingly, Duke Energy does not
believe that a mitigation payment is required by law. However, in a good faith effort to resolve this issue to avoid construction
delays to this highly valuable community project, and to continue our good partnership with the Division of Water Resources
(DWR), Duke Energy agrees to pay the fee for mitigation for the South Point Access Area swim beach.
Attached are the two letters of mitigation availability as requested by your office in order to receive the necessary permit to
continue construction. Please contact me directly if you have any questions regarding this correspondence (tami.styerna,duke-
energy.com, 704-382-0293).
Sincerely,
Tami Styer+, Senior Project Manager
Water Strategy & Hydro Licensing
Duke Energy
Enclosure
cc w/ enclosure: Ms. Sarah Anna Santos
Mr. Steve Cahoon
Mr. Brian Couture
Mr. Chris Huysman
Mr. Jeff Lineberger
' FERC Order Modifying and Approving Recreation Management Plan Pursuant of Article 407, December 19, 2017, Project
No. 2232-653, Order 161 FERC ¶ 62,216

fires
EBX Buffer Mitigation Banks
Statement of Availability December 16, 2021
NC Division of Water Resources
Alan D. Johnson
610 East Center Ave., Suite 301
Mooresville, NC 28115
Re Project: South Point Access Area
This document confirms that Duke Energy (Applicant) for the South Point Access Area (Project) has
expressed an interest to utilize 20,000 Square Feet of Riparian Buffer Mitigation Credits from the
following bank, RES Dogtown Buffer Mitigation Bank. The specific bank site that may be debited
Dogtown, that is located in the Catawba River watershed, specifically HUC 03050101. As the official
Bank Sponsor, EBX, attests to the fact that mitigation is available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
Please contact me at 854-900-3222 or dlach(cr�,res.us if you have any questions.
Best,
VC "��
David Lach
Resource Environmental Solutions, LLC
3117 Whiting Avenue, Suite 201
Charlotte, NC 28205
Bank Sponsor — Environmental Banc & Exchange (EBX)

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
NORTH CAROLINA
Environmental Quality
December 16, 2021
Brian Couture
Duke Energy Carolinas, LLC (Charlotte)
526 S. Church Street, EC12Q
Charlotte, NC 28202
Project: South Point Access Area
Expiration of Acceptance: 6/16/2022
County: Gaston
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) 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 DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
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 issued Buffer Authorization within this time frame, this acceptance will expire.
It is the applicant's responsibility to send copies of the permits to DMS. Once DMS 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 by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Catawba
03050101
Riparian Buffer
10,708 @ 3:1
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact [e-mail].
Sincerely,
FOR James. B Stanfill
Asset Management Supervisor
cc: Chris Huysman, agent
Q
,� North Carolina Department of Environmental Quality I Division of Mitigation Services
e:!��—QE217 West Jones Street i 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
NORTH CAPOLINA
D.mft.morEi,_1— e�ma�.�� /`� 919.707.8976