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HomeMy WebLinkAbout20120825 Ver 1_More Info Received_20141217 (2)Burdette, Jennifer a From: Kathy Cagiano < kathycagiano@yahoo.com > Sent: Wednesday, December 17, 2014 11:58 AM To: Josh Pelletier Cc: Ralph Calfee; Williams, Kelly; Burdette, Jennifer a; George Wood Subject: Roughton Commercial Complex Attachments: Roughton- Amended GDSRB Commitment Letter.PDF Josh, An amended cover letter and commitment letter from The Great Dismal Swamp Restoration Bank are attached. These were emailed to you yesterday. The NCEEP invoice is also included. All of these documents are included in the one attachment. Thanks, Josh. Kathy Cagiano Environmental Professionals, Inc. 252 - 441 -0239 December 15, 2014 U.S., Army Corps of Engineers Attn: Mr. Josh Pelletier 2407 W Fifth Street Washington, NC 27889 Dear Mr. Pelletier, (Amended December 17, 2014) 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 2012 and subsequently revised to reflect avoidance, minimization, and compensatory mitigation in November 2012. A request for information from NCDWQ on January 11, 201113 resulted in the letter from Environmental Professionals, Inc. on February 8, 2013 transmitting the acceptance letter Ito ni"he Great Dismal Swamp Restoration Batik, LLC for non-riparian wetland credits. This correspondence was copied to the Corps. The Department of the Army Pert-nit 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 he was willing to purchase these credits, and I obtained a commitment letter from NCEEP. However, G.S. 14:1- "214.1 1 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 NCEEIII, the DOA permit should be modified to allow non-riparian credits from The Great Dismal Swamp Restoration Bank. This, would result in all ofthe permits to reflect a consistent set of conditions. I have attached a commitment letter from both NCEEP and The Great Dismal Swarnp Restoration Bank (Amended) Ri�r your records. Fhank you for clarifying this matter Sincerely, mental. Profession, s, Inc. Wood, CREPj WS Attachments: a/s cc: Calfee Engineering/Attn: Mr. Ralph Calfee NCEEP/Attn: Ms. Kelly Williams NC,',DWR/Attn: Ms. Jennifer Burdette K().BOX3368 - 27948 FEILLPINONL� 252-441,0239 - FAV 252-441­0721 - F NIAI 1 Ill 110, ll'! 1111 Ili Box 6186, Chesapeake, VA 23323 J IT =- I IVA °r rwr P.O. Box 336:8 Kill�Devil Hills, NC 279i48 ii I I i 11 1 11;;111 1%;ll mi!tigatioin credits from The Great Dismal Swamp Restoration w: a° Farm foryour Roughtion Commercial Complex project. These credits (HUC Code, 0130102015) are currently available from our Timberlake mitiptioin blank. • w1 Me'r7mmitnT ;;;; 11 11 I M , , i, I of $19,i2OO.00i per credit. This quote will expire on December 31, 20,14. To complete this transactioni, we will require paymlent in full. Once payment is received, the credit sale will be reported to the U'S Army Corps, of Engineers. Please provide/coinifirm the following information: Clorpis Project M Waterway: Non-Riparian, Permittee Narne: Roughton Commercial Complex Locality of Impact, Kitty Hawk, NC Dare, County Permit act�ion (i.e., IP ' NWP-39, enforcement, etc.) IP Impacts (acres/l'inear feet). 2.6i6 Impacts NWI classification: None Impacts Hydrologic Un,it Code: 013010205 gation Banik, Permittee, and Consultant agree not to discuss with any other party the 1etafls and/or pricing of this agreement, unless necessary for regulatory matters. information co d herein shall be hield onfidence. B,illy Roughton Roughton Commercial Complex P'O Box 1877 Kill Devil Hills, NC 27,948 Project: Roughton Commercial Complex County: Dare DWQ#: 12-0825 COE#: 2012-01410 EEP #: 2,3758 LocatiomPasquotank 03010205 kv-rywA NCDENR Michael Ellison, Director ............. INVOICE, December 11), 2 0 14 invoice expires: February 10, 2015 .Please review this invoice carefully and LepL)q ally cif gE rncaes ..i or the contact listed below. You have elected to satisfy tine compensatory m iti tion, requirements o f the applicable Section 401/4041C` M A permits) issued for the above referenced project through payment ol-a fee to the North Carolina Ecosystem Enhancement Program (NCEEP), In accordance with I SA NCAC' 2R .0402(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 $108,427.00 W/ease note: payment,for ",edan& is calculaired in inerements ql'O. 25 acres). TOTAL AMOU NT DUE if paid within 60 days $108,427.011 If payment is not received within, 60 days ofthe date of this invoice,, it will expire, Expired invoices, are not eligible to be paid. Note that your permit(s) may require payment before this date. Invoice extensions maybe requested by emai ling the NC,EEP In-Licu, 1'ec Program Coordinator at ke1ly.williams@ncdenr.gov. Extensions will be based on the fee schedule in effect on the date they are issued. Please submit an ePay,ment at hill yl,'(11" pa] KM !q or send a check payable to, NCEEP, for the 'total Amount Due to the address below and enclose a co Dv of_y2ur uneaLred invoice. US Mail. Physical Address (R-)r other delivery services): NCDENR Ecosystem Enhancement Program NCDENR Ecosystem Enhancement Program 1652 Mail Service Center 217 West Jones St., Suite 3000,A Raleigh, NC 2769'9-1652 Raleigh, N.C. 27603 lithe account name on the check is not the same as the permit holder's name, please include a signed statement by the permit holder that the check is being written on bebalrof and with full knr�wled Ye�aqc Laut4orizafton.qf the permit hiolder. Refunds of payments made to NCEEP are only approved under certain conditions, All refund requests must be subrnittcd in accordance with EEP's refund policy at www.riceep.net, If you have any questions concerning this payment, plicase call Kelly Williams at (919) 707-8915, VOU MUST III,: IN POSSESSION OF PAVMENTRECE111"I'F18OM NCEEP PRIOR TO COMMENCI NG TILE AC TIVII JES AI 11110RIZED HYTHE I)EPAR'FMLN'I'0F ARMY 404 PERMIT, CAMA PERMITANIVOR, YlIE 401 WATER QUALFTY, CERTIFI('ATION. cc; Karen Higgins, NCDWR Wetlands/401 Unit Josh Pelletier, USACE-Washinglon; Todd Tugwell, USACE-Raleigh Roberto Scheller, NCDWR- Washington George Wood, agent 1652 Mail Service Center, Ral6gh, North Carolina 27699-1652 Phone: 919-707-8976 \ Intemet: www.ncdenr gov An Equial opportunity 4 Affirmabve Acton Employer - Made in part by recycled paper