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Home My WebLink About20210396 Ver 2_Mitigation Information_20211231Strickland, Bev From: wyatt brown <brownenvgrp@gmail.com> Sent: Friday, December 31, 2021 9:58 AM To: Cohn, Colleen M Cc: Hopper, Christopher D CIV (USA) Subject: Re: [External] Re: Barbour Farms DW# 20210396 V2 SAW-2018-02200 Attachments: Barbour Farms Transfer Form 072921 (1).pdf; Hollowell Wetland 072921 (1).pdf; Mitigation Certificate Hollowell (Barbour) 072921 (1).pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Colleen Its attached, hope you have a Happy New Year! Thanks Wyatt On Thu, Dec 30, 2021 at 3:50 PM Cohn, Colleen M <colleen.cohn@ncdenr.gov> wrote: Hey Wyatt, Can you please provide a copy of the completed Compensatory Mitigation Responsibility Transfer Form after the mitigation credits were purchased? Thanks, Colleen Cohn Environmental Specialist II North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 380o Barrett Drive Raleigh, NC 27609 Office: 919-791-4258 i 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. From: wyatt brown <brownenvgrp@gmail.com> Sent: Monday, November 29, 2021 8:43 PM To: Cohn, Colleen M <colleen.cohn@ncdenr.gov> Cc: Hopper, Christopher D CIV (USA) <Christopher.D.Hopper@usace.army.mil> Subject: [External] Re: Barbour Farms DW# 20210396 V2 SAW-2018-02200 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Colleen Hope you had a great Thanksgiving break. This application can be confusing, after the original approval of 401 and 404 was granted, at the last minute DOT required a larger culvert which slightly increased our impacts. Stephanie said we couldn't revise the original approval and had to submit a new stand alone application independent of the originally approved application . In this application we are requesting 0.011 acre permanent wetland impact and 0.077 acre temporary wetland impact for the installation of the larger culvert. Chris has approved the NW29 for this project PCN. Construction has already started on some of the work approved in the previous submission. Don't hesitate to contact me if you have any more questions. thanks Wyatt On Mon, Nov 29, 2021 at 4:45 PM Cohn, Colleen M <colleen.cohn@ncdenr.gov> wrote: Good afternoon Wyatt, I am reviewing the above referenced project, and in order to complete my review, some additional information is required: 1. Has the US Army Corps of Engineers verified the use of NWP 29 for these additional impacts? 2. Has construction begun on the original impacts? 2 3. Is the requested 0.077 ac of temporary impacts in addition to the previously authorized 0.088 acres of temporary impacts? Or is this a change of 0.011 acres from temporary to permanent impacts? An impact map that lists total impacts for both versions 1 and 2 would be helpful. Thanks, Colleen Cohn Environmental Specialist II North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 380o Barrett Drive Raleigh, NC 27609 Office: 91_9-79i-4258 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. Wyatt Brown, LSS, CPESC Brown's Environmental Group, Inc 919-524-5956 Wyatt Brown, LSS, CPESC 3 Brown's Environmental Group, Inc 919-524-5956 4 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: NDSP, LLC, Shailesh Pancholi Project Name: Barbour Farms Subdivision Action ID: SAW-2018-02200 County: Johnston 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 Division of Mitigation Services (NCDMS), 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 Wilmington District 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 verifies that the mitigation requirements (credits) shown below have been released and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on page 2). 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 Riverine Riparian Non-Riverine Non -Riparian Coastal .145 *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 Riverine Riparian Non-Riverine Non -Riparian Coastal .18 Mitigation Site Debited: WLS Neuse 01 Umbrella Mitigation Bank, Hollowell Site (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS 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. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, 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: Water & Land Solutions, LLC Name of Sponsor's Authorized Representative: Sammy Jo Hinnant 07/29/2021 Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the District 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 District 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. When NCDMS provides mitigation 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 NCDMS must be provided to the District within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District 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 District 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 District, the Sponsor must obtain case -by -case approval from the District 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 District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from Water & Land Solutions, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 4/2/2021 was included with the preconstruction notification. This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWMIT@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Christopher Hopper USACE Field Office: Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: Christopher.d.hopper@usace.army.miI 06/09/2021 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.army.mi1. 4 WATER & LAND'' SOLUTIONS WLS Neuse 01 Umbrella Mitigation Bank HOLLOWELL WETLAND CREDIT LEDGER (HUC 03020201), SAW-2017-00159 Riparian Wetland Credits As of 07/29/2021 Sale/Release Credits Released to Credits Debited from Current Credit Credits Date Bank Bank I Balanc I Reserved Purchaser 12/19/2019 1.17 Task 1 Credit Release and Preservation Credits 8/19/2020 0.69 Task 2 Credit Release: As -Built Baseline 12/18/2020 0.46 Task 3 Credit Release: Monitoring Year 1 4/26/2021 0.11 Sherrill Farm, LLC Sherrill Farm Subdivision -Phase 2 7/26/2021 0.233 Lennar Homes Jasper Place 7/29/2021 0.18 NDS Properties, LLC Barbour Farms Subdivision 0.00 Total 2.32 0.523 1.797 Permit Number SAW-2017-00808 SAW-2020-01464 SAW-2018-0220 4 WATER & LAND' SOLUTIONS MITIGATION CREDIT TRANSFER CERTIFICATE WLS NEUSE 01 UMBRELLA MITIGATION BANK TO: NORTH CAROLINA INTERAGENCY REVIEW TEAM The undersigned, Water & Land Solutions, LLC the Sponsor of the WLS Neuse 01 Umbrella Mitigation Bank (Hollowell Site, the "Bank"), hereby certifies the following: 1. NDSP, LLC has deposited monies with the Sponsor sufficient to acquire 0.18 Riparian Wetland Mitigation Credits from the Bank for use on its BARBOUR FARMS SUBDIVISION project (Action ID SAW-2018-02200), in Clayton, NC, in HUC 03020201 of the Neuse River Watershed. 2. The BARBOUR FARMS SUBDIVISION project requires a total of 0.18 Riparian Wetland Mitigation Credits as mitigation. Of this amount 0.18 Riparian Wetland Mitigation Credits are being provided by the Hollowell Site. 3. The Sponsor has deducted 0.18 Riparian Wetland Mitigation Credits from the Bank's credit ledger for HUC 03020201 of the Neuse River Watershed. A copy of the Bank's Credit ledger reflecting the above transaction is attached to this Certificate. Water & Land Solutions, LLC By: Sammy Jo Hinnant, Authorized Agent Date: 07/29/2021 Copies: Christopher Hopper, US Army Corps of Engineers (electronic) Kimberly Browning, US Army Corps of Engineers (electronic) Shailesh Pancholi, NDSP, LLC (electronic) Wyatt Brown, Brown's Environmental Group, Inc. (electronic)