HomeMy WebLinkAboutBinder1ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD
❑imaor
Erin O'Shea
EDP Renewables North America LLC
1501 McKinney Street, Suite 1300
Houston, TX 77010
Project: Misenheimer Solar Park
County: Stanly
401 permit#: 2022-1742
404 permit#: 2021-01122
DMS ID#: MR-08341
Amount Paid: $54,694.11
Check Number: 010046
NORTH CAROLINA
Environmental Quality
RECEIPT
May 24, 2023
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
Yadkin 03040103
Riparian Wetland
0.675
Yadkin 03040105
Riparian Wetland
0.096
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 Kelly.Williams@ncdenr.gov.
Sincerely,
At�t_&�
Kelly Williams
ILF Program Coordinator
cc: Todd Tugwell, USACE - Raleigh; Krysta Stygar, USACE
Sheri Montalvo, NCDWR
Morgan Gilbert, agent
QNorth.,_ Carolina Department of Environmental Quality I Division of Mitigation Servicesel�_*D E`�JJn 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
^M'o .„^.VWo,Ll" 919.707.8976
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: EDP Renewables North America LLC, Erin O'Shea
Project Name: Misenheimer Solar Park
Action ID: SAW-2021-01122
County: Stanly
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 copyofthis 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 morethan 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 theirauthorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03040103, Yadkin River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.675
*If more than one mitigation sponsor will be used forthe permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03040103, Yadkin River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.675
Mitigation Site Debited: NCDMS
(Listthe name of the bankto bedebited. Forumbrella banks, also listthe specificsite. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specificsite, also listthe specificsite 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), associatedwith 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 currentlyavailable atthe mitigation site identified above. Further, I understand that if the Sponsorfailsto 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
ure of Sponsor's Authorized Representative
25 May 2023
Date of Signature
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 forany othermitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized bythe permit identified on pageoneof thisform can begin onlyafter
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providingthe mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted bythe 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 forthe mitigation until the District has received this
form, confirmingthatthe Sponsor has accepted responsibilityfor 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 copyof 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 ReviewTeam (NCIRT). If approved, higher mitigation ratios maybe applied, as per current District guidance
and a newversion ofthis form must be completed and included in the District administrative records for boththe permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:A letter from NCDMS. confirming they are wiIIineand able to accept the applicant's
compensatory mitieation responsibility, dated 11/22/2022was included with the preconstruction notification.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Pagel. 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 SA WMITC@usace.army. miD.
Questions regarding thisform orany ofthe pe rmit conditions may be directed to the District Mitigation Off ice.
USACE Project Manager: Krystynka B Stygar
USACE Field Office: Charlotte Regulatory Office
US Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
Email: krystynka.b.stygar@usace.army.mil
USACE Project Manager Signature
02/23/2023
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.mi1.
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: EDP Renewables North America LLC, Erin O'Shea
Project Name: Misenheimer Solar Park
Action ID: SAW-2021-01122
County: Stanly
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 copyofthis 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 morethan 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 theirauthorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03040105, Yadkin River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.037
*If more than one mitigation sponsor will be used forthe permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03040105, Yadkin River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.096
Mitigation Site Debited: NCDMS
(Listthe name of the bankto bedebited. Forumbrella banks, also listthe specificsite. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specificsite, also listthe specificsite 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), associatedwith 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 currentlyavailable atthe mitigation site identified above. Further, I understand that if the Sponsorfailsto 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
Page 1 of 2 Form Version 10 June 2020updated
CESAW-RG (File Number, SAW-2021-01122)
A. , .
ure of Sponsor's Authorized Representative
25 May 2023
Date of Signature
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 forany othermitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized bythe permit identified on pageoneof thisform can begin onlyafter
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providingthe mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted bythe North Carolina Department of Transportation (NCDOT), construction with injurisdictional 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 forthe mitigation until the District has received this
form, confirmingthat the Sponsor has accepted responsibilityfor 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 copyof 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 ReviewTeam (NCIRT). If approved, higher mitigation ratios maybe applied, as per current District guidance
and a newversion ofthis form must be completed and included in the District administrative records for boththe permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: A letterfrom NCDMS, confirming they are willingand able to acceptthe applicant's
compensatory mitigation responsibility, dated 11/22/2022was included with the preconstruction notification.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Pagel. 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 SA WMITPusace.army. miD.
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: Krystynka B Stygar
USACE Field Office: Charlotte Regulatory Office
US Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
Email: krystynka.b.stygar@usace.army.mil
/l
USACE Koject Mana er Signature
4/24/2023
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.mi1.