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HomeMy WebLinkAbout20131112 Ver 1_EEP Receipt_20140514NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Daniel Brown D &N Development, LLC 2116 Rolling Rock Rd Wake Forest, NC 27587 Project: The Shops at Cameron Place County: Lee USACE #: 2004 -20283 WQ permit #: 13-1112 EEP #: 21136 Amount Paid: $180,328 00 Check Number: 1372 Michael Ellison, Director Ecosystem Enhancement Program RECEIPT May 14, 2014 John E. Skvarla, III Secretary �{r3 The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification /Section 404 /LAMA Permit(s) issued for the above - referenced protect This receipt serves as notification that your compensatory mitigation requirements assigned to NCEEP 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 SL 2009- 337, An Act to Promote the Use of Compensatory Mitigation Banks, as amended by S L 2011 -343 The NCEEP, by acceptance of this payment, acknowledges that the NCEEP 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 NCEEP is nontransferable The mitigation will be performed in accordance with the N C Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010 River Basin Stream Credits Wetland Credits Buffer I& II HUC (linear feet) (acres) (Sq Ft ) Cold Cool Warm Ri arian Non-Riparian Coastal Marsh Cape Fear 0 0 299 10 0 0 0 03030004 Refunds of payments made to NCEEP are only approved under certain conditions All refund requests must be submitted in accordance with EEP's refund policy at www nceep net If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915 Sincerely, Michael Ellison Director cc Karen Higgins, NCDWR Wetlands /401 Unit Todd Tugwell, USACE - Raleigh Cherri Smith, NCDWR- Raleigh Bob Zarzecki, agent 1652 Mail Service Center, Raleigh, North Carolina 27699 -1652 Phone 919 - 707 -89761 Internet www ncdenr gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Daniel Brown; D &N Development, LLC Action ID: SAW- 2004 -20283 Project Name: Shops at Cameron Place / DLP Automotive County: Lee 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 (credits) 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 bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington 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: 03030004, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine I Non - Riparian Coastal 299 1 0 488 *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: 03030004, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non- Riverine Non - Riparian Coastal 299 0 976 Mitigation Site Debited: NCEEP (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 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 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 Mitigation Sponsor Name: (`s (- Name of Sp so Authorized 7eskritative:� 1 cr2eu- IL4 Signatu a of sor' uthorized Representative Date of.Si ture Page 1 of 2 Form Updated 22 October, 2013 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 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: This form is not valid unless signed by the Mitigation Sponsor and USACE Project Manager. Once signed, copies of this form should be provided to the USACE Project Manager at the address below and to the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC 27587 (email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: Tyler Crumbley USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email: tyler.crumbley @usace.army.mil y jA Digitally signed by CRUM11EYTYLERAUTRY100750 9975 \ Date 2013 1122 19 49 48 - 05'00' USACE Project Manager Signature October 22, 2013 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.armv mil 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