20120825 Ver 1_More Info Received_20141217

Burdette, Jennifer a
From: Kathy Cagiano < [e-mail] >
Sent: Tuesday, December 16, 2014 2:14 PM
To: Josh Pelletier
Cc: Ralph Calfee; Williams, Kelly; Burdette, Jennifer a; George Wood
Subject: Roughton Commercial Complex
Attachments: Josh Pelletier 12- 15- 14.Letter & Attachments.PDF
Josh,
Attached is a letter prepared by George Wood on the above - referenced project. The attachments noted in the letter are
included in the one attachment.
Kathy Cagiano
Environmental Professionals, Inc.
252 - 441 -0239

Nt I lHIN1 BTU
P IiOi 111ss 10 N I Ls
DeCernber 15, 2014
U.S. Army Corps of Engineers
Attn: Mr. Josh Pelletier
2407 W, Fifth Street
Washington, NC 27'889
Dear Mr. Pelletier,
This letter is with reference to Corps' Action ID No. SAW 2012-01410 Roughton Commercial Complex
with the intent of aligning the various approvals regarding mitigation. The application for the Department
of Army permit was made in August 21,112 and subsequently revised to reflect avoidance, minimization, and
compensatory m it igat ion in November 2012, A request for information from NCDWQ on January H, 20 13
resulted in the letter from Environmental Professionals, Inc, on February 8, 20 13 transmitting the
acceptance letter from The Great Dismal Swamp Restoration Bank, LLC for non-riparian wetland credits.
'['his correspondence was copied to the Corps.
Yhe Department of the Army Permit was issued with Special Conditions. Special Condition (d) requested
compensatory mitigation for 1.33 acres of riparian wetlands in the Pasquotank River Basin (Cataloging
Unit 03020105) from the North Carolina Ecosystem Enhancement program (NCEEP). Conversation, with
my client indicated that fie was willing to purchase these credits, and I obtained a commitment letter from
NCEEP.
However, G.S. 143-214.11 prohibits the purchase from NCEEP when The Great Dismal Swamp
Restoration Bank, LLC can provide these credits. DWQ has now requested clarification.
Unless the Corps is specifically requesting riparian credits from NCEEP, the DOA permit should be
modified to allow non-riparian credits from The Great Dismal Swamp Restoration Bank. This would result
in all of the permits to reflect a consistent set of conditions.
I have attached commitment letter from both NCEEP and'"I'lie Great Dismal Swamp Restoration Bank for
your records.
Thank you for clarifying this matter.
Sincerely,. G)
Environmental Professio a s Inc.
/--y— //
rge 11, Woo�tt
16 �t
Attachments: a/s
cc: Calfee Engineering/Atm Mr. Ralph CaHlee
NCEEP/Attn: Ms, Kelly 'Williams
NCDWR/Attn: Ms, Jennifer Burclette,
PA BOX 3368 - kILL DEVI L MI LS, NOIRFH ( AROLINA 27948
111 Ft "WNFt 252-141-0239 - FAV 25'2. -441 4211 - FVLAW:

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NCDENR
North Carolina Department oif Environment and N�atural Resources
Nilq
IL%Iojlyr.ull
Billy Roughton
Roughton Commercial Complex
PO Box 1877
Kill Devi I Hills, NC 27948
Project: Roughton Commercial Complex
County: Dare
DWQ#: 12-0825
COC E#: 20 112 -01410
EEP #- 23758
Location: Pasquotank 03010205
Michael Eflison, Director
INVOICE
December 10, 2014
Johns E. Skvarlia, III
Secretary
invoice expires; February 10, 2015
Please review this invoice i to the contact listed below, You have elected to satisfy
.�areftfflyAncl[ )rtapydiscrppAgcnZ!ii Inq I
_qpL_ A-4PAJ_
the compensatory mitigation requirements of the applicable Section 4011404iCAMA perrnit(s) issued for the above referenced project
through payment ofa fee to the North Carolina Ecosystem Enhancement Program (NCEEP). In accordance with 15A NCAC 2R
.0,402(d), the amount due is based upon the 2014-2015 Fee Schedule and has been calculated as follows:
Habitat Type Invoiced Amount Fee Schedule Cost
Riparian Wetlands up to 2.75 acres X $ 39,,428.00 S108,427.00
(111eaw nole: pqvinenl, fi)r wellands is calc elated in increments cal 'O. 25 acre),
1'01'A 1, A M CUNT D U E i f pa id within 60 days $108,427,00
If payment is not received within 60 days of the date of this invoice, it will expire. Expired invoices are not eligible to be paid. Note
that your permits) rnay require payment before this date. Invoice extensions may be requested by ernailing the NCEEPIn-Lieu Fee
Program Coordinator at kelly.Willia,lrns(q),ncdenr.gov. Extensions will be based on the fee schedule in effiect on the date they are issued.
Please submit an el"ayment at hl!j 6 V ,ymcru or send a check payable to NCEE11 for the Total Amount Due to the
address below and encIc,se...q_LoTy..gf oqK aan xpirpd inygice.
US Mail., Physical Address (for other delivery services):
NC DENR Ecosystem Enhancement Program: NCDENR Ecosystem Enhancement Program
1652 Mail Service Center 217 West,lones St., Suite 30110A
Raleigh, NC 27699-1652 Raleigh, N.C. 27603
If the account narne on the check is not the same as the DCrMit holder's n,a,!mng_RtgAKkdude a signed statement by the permit holder
that the check is being written on behalf of and NyLtil full.krjoj �Ied e and authorization ofthe permit holder. Reftinds of'payi-nents
made to NCEEP are only approved under certain conditions. All refund requests must be submitted in accordance with EEP's refund
policy at w%vw.nceep.net. If you have any, questions concerning this payment, please call Kellly Williams at (91!9,) 707-8915,
VOI � MUST BE IN POSSESSION OF THE PAVVIENT RECEIPT FROM NCEEP PRIOR TO COVINI ENCINGTHE ACTIVITIES
AUTHORIZED BVTIIE DEPARTMENT OF ARMY 404 PERMIT, CANIA PERMITAND/011 THE 4011 WATER QUALITY
( I
I. E R'rI F11 CATION.
cc Karen Higgins, NCDWR Wetlands/401 Unit
Josh Pelletier, U SACE- Washington-, Todd Tugwell, USACE-Rateigh
Roberto Scheller, NCDWR- Washington
George Wood, agent
1652 Mail Service Center, Raleigh, North Carolina 27699-1652
Phone: [phone] Internet: www.ncdenr,gov
An Equai Opportunlrty1Affirmabve Action Employer -Made in part by recycled paper

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Box 6186
Chesapeake, VA 23323
Mr. George Wood
Environmental Professionals, Inc.
P,O. Box 3,368
Kill' Devil Hills, NC 27948
Fax [phone]
The following price quote is given in reply to your request for the purchase of 3.56 non- riparian
mitigation credits from The Great Dismal Swamp Restoration Ban k-Timberlake Farm for your
Roughton Commercial Complex project. These credits (HUC Code 03010205) are currently
available from our Timberlake m,itigation bank.
The cost is Sixty-Eight Thousand, Three Hiundredi, Fifty-Two Dollars ($ 68,3512.00), based on the
pro-rated price of $19,200i.00 per credit. Thiis quote will expire on December 31, 2014. To
complete this transaction, we will require payment in fu�ll. Once payment is received, the credit
sale will be reported to the US Army Corps of Engineers,,, Please provide/confirm the following
information,
Corps Project #:
Waterway: Non-Rilpariain
Permittee Name: Roughton, Commercial Complex
Locality of Impact: Kitty Hawk, NC Dare County
Permit action (i.e., IP, NWP-39, enforcement, etc.) IP
Impacts (acres /linear feet): 1.78 Acres / 3.56 Acres Anticipated
Impacts NWI classification: None,
Impacts, Hydrologic Unit Code: 0301020,5
gation �Baink Permittee, and Consultant agree not to discuss with any other party the
details and/or pricing of this agreement, unless necessaiiry, for regulatory matters.
Information contained herein shall be held in the strictest confidence.