The URL can be used to link to this page

Home My WebLink About20171559 Ver 3_SAW-2015-01268 MRTForm DMS_20220214U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Jim Melvin, Greensboro Randolph Megasite Foundation Action ID: SAW-2015-01268 Project Name: Greesnboro Randolph Megasite County: Randolph/Guilford 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: 03030003, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non Riverine Non -Riparian Coastal 39,229 9.641 *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: 03030003, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 39,229 9.641 Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030003 or 03030002, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 29,688-44,532 9.027-13.540 *The total amount of credits is dependent upon which 8-digit HUC the credit location as indicated in Additional Condition #1 listed below. Mitigation Site Debited: North Carolina Division of Mitigation Services (NCDMS) (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 Page 1 of 2 Form Date July 7, 2020 U.S. ARMY CORPS OF ENGINEERS Wilmington District 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: NCDMS Name of Sponsor's Authorized Representative: Kelly Williams Signature of Sponsor's Authorized Representative 14 February 2022 Date of Signature Page 1 of 2 Form Date July 7, 2020 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 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 maybe 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: Comments: 9,541 linear feet of stream at 1:1 and 29,688 at 2:1. 0.614 acre of wetland at 1:1 and 9.027 acre at 2:1. Additional Condition #1: All compensatory mitigation credits should be procured by the North Carolina Division of Mitigation Services (NCDMS) within HUC 03030003. At a minimum, 39,229 stream credits and 9.641 wetland credits must be procured within HUC 03030003; however, any credits not procured by NCDMS within HUC 03030003 may be procured in HUC 03030002 at a ratio of 1.5:1 (i.e., the total number of credits not procured in HUC 03030003 must be multiplied by a factor of 1.5 and then procured in HUC 03030002). All mitigation sites that will provide credits must be instituted (as defined in the NCDMS Instrument dated July 28, 2010) by June 30th, 2024. Status of the credit procurement will be provided annually in the NCDMS Annual Report, Regulatory Addendum. Any failure to meet the procurement requirements stated above will be reported in the Action Strategies section of the Annual that addresses non-compliance. If additional credits must be procured from the Cape Fear 03030002, the NCDMS will invoice the permittee or the permittee's designated agent for the additional payment amount resulting from the 1.5 multiplier factor. A modified Mitigation Responsibility Transfer Form will be required to document the additional transfer, at which point NCDMS will assume responsibility for the additional credit requirement. 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. milJ. Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. Page 2 of 2 U.S. ARMY CORPS OF ENGINEERS Wilmington District USACE Project Manager: Andrew Williams USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Email: andrew.e.wiIliams2@usace.army.mil Date: 2022.02.08 20:25:18-05'00' February 8, 2022 Wilmington District 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.mil. Page 1 of 2 Form Date July 7, 2020