20211593 Ver 1_Correspondence_20220518

Strickland, Bev
From: Sullivan, William <[e-mail]>
Sent: Wednesday, May 18, 2022 4:42 PM
To: Cohn, Colleen M; Williams, Kelly
Cc: Norton, April R CIV USARMY CESAW (USA)
Subject: RE: [External] Re: RE: NC-55 and Hopson Road Site: response letter for DMS ILF
request
Attachments: MRTF NC-55 and Hopson SAW-2021-00064-2.pdf; NC-55 and Hopson Road Site
DMS receipt Apr2022.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Thanks Colleen. Mitigation receipt is attached for your records!
Willie Sullivan, PWS
Kimley-Horn 1421 Fayetteville Street, Suite 600, Raleigh, NC 27601
Direct: 919 677 2113 I Mobile: [phone] I www.kimley-horn.com
From: Cohn, Colleen M <[e-mail]>
Sent: Wednesday, May 18, 2022 4:36 PM
To: Sullivan, William <[e-mail]>; Williams, Kelly <[e-mail]>
Cc: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>
Subject: RE: [External] Re: RE: NC-55 and Hopson Road Site: response letter for DMS ILF request
Apologies, this got buried in my inbox. Please see attached.
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
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: Sullivan, William <[e-mail]>
Sent: Friday, March 18, 2022 3:09 PM
To: Williams, Kelly <[e-mail]>; Cohn, Colleen M <[e-mail]>
Cc: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>
Subject: [External] Re: RE: NC-55 and Hopson Road Site: response letter for DMS ILF request
1

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Colleen,
See below. Could you update the 401 for NC55 and Hopson Road to specify DMS providing mitigation instead of KCI? KCI
credits have not been released.
Thanks!
Willie
From: Williams, Kelly <[e-mail]>
Sent: Friday, March 18, 2022 3:02 PM
To: Sullivan, William <[e-mail]>
Subject: RE: RE: NC-55 and Hopson Road Site: response letter for DMS ILF request
Willie,
The 401 specifies KCI as the provider. I don't usually need an updated 401, but since they specified KCI, I will for this
one.
Kelly
From: Sullivan, William <[e-mail]>
Sent: Friday, March 18, 2022 1:58 PM
To: Williams, Kelly <[e-mail]>; Radford, Emma (Anderson) <[e-mail]>
Subject: [External] RE: NC-55 and Hopson Road Site: response letter for DMS ILF request
Kelly — update here on the NC-55 buffer mitigation. The City has a new reviewer who agreed that Zone 3 should be 1.5:1,
not 3:1 like the former reviewer insisted. We made the right call showing only impact #s instead of ratios on the
acceptance letter so I don't think we need a change here.
Could you remind me what the premium rate is for Upper New Hope so I can calculate the expected mitigation cost?
Looks like it is no longer on the website due to temporarily suspending mitigation in this watershed.
Thank you!
Willie Sullivan, PWS
Kimley-Horn 1421 Fayetteville Street, Suite 600, Raleigh, NC 27601
Direct: 919 677 2113 I Mobile: [phone] I www.kimley-horn.com
From: Williams, Kelly <[e-mail]>
Sent: Wednesday, December 15, 2021 4:23 PM
To: Radford, Emma (Anderson) <[e-mail]>; Sullivan, William <William.Sullivan@kimley-
horn.com>
Subject: RE: NC-55 and Hopson Road Site: response letter for DMS ILF request
Willie,
See if you think this will work.
So the inclusion of the ratios was a request from one of the DWR pms. Since this is Durham, let's leave the ratios out
and make it clear that the table references impacts, that way Durham's application of ratios is clear and separate from
the DMS acceptance.
2

Kelly
From: Williams, Kelly
Sent: Wednesday, December 15, 2021 3:47 PM
To: [e-mail]; [e-mail]
Subject: NC-55 and Hopson Road Site: response letter for DMS ILF request
Willie and Emma,
Attached please find a response letter from the Division of Mitigation Services for the in -lieu fee mitigation request for
the above -referenced project.
Once DMS receives the permits associated with the project from the applicant/agent, we will generate an invoice based
on the mitigation amounts specified in the permits. This acceptance letter expires in six months. If an extension to this
acceptance letter is needed, please let me know prior to its expiration. We appreciate the opportunity to provide this
service to our customers. Don't hesitate to contact me if you have any questions. Information about DMS programs can
be found on the DMS Website.
(Note that buffer fees are evaluated quarterly- the next update will be January 1, 2022- rates will be posted soon).
Sincerely,
Kelly
Kelly Williams
In -Lieu Fee Program Coordinator
Division of Mitigation Services
Department of Environmental Quality
[e-mail]
US Postal Service Address:
1652 Mail Service Center
Raleigh, NC 27699-1652
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
3

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Scannell Properties #539, LLC., Attn: Joel Scannell Action ID: SAW-2021-00064
Project Name: NC-55 and Hopson Road Site County: Durham
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: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.34
*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: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.68
Mitigation Site Debited: 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
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
1 April 2022
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2
Form Version 10 June 2020 updated

CESAW-RG (File Number, SAW-2021-00064)
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 NCDMS, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility, dated 3/17/2022 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 [e-mail]).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager:
USACE Field Office:
Email:
April Norton
Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
[e-mail]
3/18/2022
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.mil.

ROY COOPER
Governor
ELIZABETH S. BISEft
Secretary
MARC RECKTENWALD
Director
Amanda Henry
Scannell Properties #539, LLC
1800 Diagonal Road, Suite 600
Alexandria, VA 22314
Project: NC-55 and Hopson Road Site
County: Durham
401 permit#: 2021-1593
404 permit#: 2021-00064
DMS ID#: MR-07909
Amount Paid: $107,926.49
Check Number: 14929
NORTH CAROLINA
Environmental Quality
RECEIPT
April 1, 2022
The NCDEQ Division of Mitigation Services (DMS) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit(s) issued for
the above -referenced project. This receipt serves as notification that your compensatory mitigation
requirements assigned to DMS associated with the authorized activity as specified below have been satisfied.
You must also comply with all other conditions of this certification and any other state, federal or local
government permits or authorization associated with this activity including G.S. § 143-214.11.
The DMS, by acceptance of this payment, acknowledges that the Division is responsible for the
compensatory mitigation requirements indicated below associated with the project permit and agrees to
provide the compensatory mitigation as specified in the permit. Mitigation responsibility assigned to the DMS
is nontransferable. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument
dated July 28, 2010.
Mitigation Location
Mitigation Type
Credits
Cape Fear 03030002
Riparian Wetland
0.68
Cape Fear - Jordan Upper New
Hope
Riparian Buffer
104,783
Refunds of payments made to NCDMS are only approved under certain conditions. All refund requests must
be submitted in accordance with the Division's refund policy. If you have any questions or need additional
information, please contact [e-mail].
cc: Todd Tugwell, USACE - Raleigh; April Norton, USACE
Sheri Montalvo, NCDWR; Eric Kulz, Cary
Emma Radford, agent
DE
lieosn-nen1 0 Ennron.vnW Darkly
Sincerely,
Kelly Williams
ILF Program Coordinator
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8975

ROY COOPER
Governor
ELIZABETH S. BISEft
Secretary
MARC RECKTENWALD
Director
D_E
Depannwri of EnOramrtroJ WWK
NORTH CAROLINA
Environmental Quality
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976