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Home My WebLink AboutJake May Drive RECEIPT June 5, 2023 Kat Lyons LeoTerra Wendell Development, LLC 110-A Shields Park Drive Kernersville, NC 27284 Project: Fairway Crossing Subdivision County: Wake 401permit#:2021-0371 404 permit#:2021-00385 DMS ID#: MR-08477 Amount Paid: $98,481.02 Paypoint TransactionNumber: 694314373 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 404Permit(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 LocationMitigation TypeCredits Neuse 03020201Riparian Wetland0.88 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@deq.nc.gov. Sincerely, Kelly Williams ILF Program Coordinator cc: Todd Tugwell, USACE - Raleigh; Christopher Hopper, USACE Sheri Montalvo,NCDWR Kim Hamlin, agent Kelly Williams NCDMS 5 June 2023 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee:Leoterra Wendell Development, LLC., ChristopherLyons Action ID:SAW-2021-00385 Project Name:Fairway Crossing Subdivision County:Wake 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 that Wilmington District 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 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 their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation*8-digit HUC and Basin:03020201, Neuse River Basin Stream Impacts (linear feet)Wetland Impacts (acres) WarmCoolColdRiparian RiverineRiparianNon-RiverineNon-RiparianCoastal 0.436 *If more than one mitigation sponsorwill be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements:8-digit HUC and Basin:03020201, Neuse River Basin Stream Mitigation (credits)Wetland Mitigation(credits) WarmCoolColdRiparian RiverineRiparianNon-RiverineNon-RiparianCoastal 0.88 Mitigation Site Debited:NCDMS (List the name of the bankto be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). {ĻĭƷźƚƓ Ʒƚ ĬĻ ĭƚƒƦƌĻƷĻķ ĬǤ ƷŷĻ aźƷźŭğƷźƚƓ {ƦƚƓƭƚƩ Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsorshown 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 NCDMS), as approved by the Wilmington District, are currently available at the mitigationsite identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington DistrictEngineer may pursue measures against the Sponsor to ensure complianceassociated with the mitigation requirements. NCDMS Mitigation SponsorName: Kelly Williams 5 June 2023 RepresentativeDate of Signature Page1 of 2Form Version 10 June 2020_updated CESAW-RG(File Number,SAW-2021-00385) Conditions for Transfer of Compensatory Mitigation Credit: Once this document has been signed by the Mitigation Sponsorand 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 for any other mitigation requirements stated in the permit conditions. Construction within jurisdictional areas authorized by the permit identified on page oneof this formcan begin only after the Districtis 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. When NCDMS provides mitigation 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 NCDMS must be provided to the District within 30 days of permit issuance.NCDOT remains fully responsible for the mitigation until the Districthas 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 ensure that the District Project Manager(address below)is providedwitha 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 District, the Sponsor must obtain case-by-case approval from the DistrictProject 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 Districtadministrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from NCDMS, confirming they are compensatory mitigation responsibility,dated 5/11/2023 was included with the preconstruction notification. This form is not valid unless signed below by the DistrictProject Manager and by the Mitigation Sponsor on Page 1. hƓĭĻ ƭźŭƓĻķͲ ƷŷĻ {ƦƚƓƭƚƩ ƭŷƚǒƌķ ƦƩƚǝźķĻ ĭƚƦźĻƭ ƚŅ Ʒŷźƭ ŅƚƩƒ ğƌƚƓŭ ǞźƷŷ ğƓ ǒƦķğƷĻķ ĬğƓƉ ƌĻķŭĻƩ Ʒƚʹ ЊΜ ƷŷĻ tĻƩƒźƷƷĻĻͲЋΜ ƷŷĻ 5źƭƷƩźĭƷtƩƚƆĻĭƷ ağƓğŭĻƩ ğƷ ƷŷĻ ğķķƩĻƭƭ ĬĻƌƚǞͲ ЌΜƷŷĻ .ğƓƉ ağƓğŭĻƩ ƌźƭƷĻķ źƓ wL.L{Ͳ ğƓķ ЍΜƷŷĻ źƌƒźƓŭƷƚƓ 5źƭƷƩźĭƷ aźƷźŭğƷźƚƓ hŅŅźĭĻͲ ЌЌЌЊ IĻƩźƷğŭĻ ƩğķĻ 5ƩźǝĻͲ {ǒźƷĻ ЊЉЎͲ ğƉĻ CƚƩĻƭƷͲ b/ ЋАЎБА ΛƚƩ ĬǤ ĻƒğźƌƷƚ SAWMIT@usace.army.mil Μ. Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager:Christopher Hopper USACE Field Office:Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email:christopher.d.hopper@usace.army.mil 05/09/2023 USACE Project Manager SignatureDate 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.mil.