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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.