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HomeMy WebLinkAboutForest Ridge DMS ReceiptROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Alden Smith, Jr. Forest Ridge Subdivision Inc 400 Odell Road Spring Lake, NC 28390 Project: Forest Ridge Commercial County: Harnett 401 permit#: 2012-0892 v2 404 permit#: 2005-01133 DIMS ID#: MR-08531 Amount Paid: $75,693.23 Check Number: 1311 d� SU7F a pa . NORTH CAROLINA Environmental Quality RECEIPT September 19, 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 Cape Fear 03030004 Riparian Wetland 0.994 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, j Kelly Williams ILF Program Coordinator cc: Todd Tugwell, USACE - Raleigh; Katharine Elks, USACE Sheri Montalvo, NCDWR Debbie E. Shirley, agent Q.,North Carolina Department of Environmental Quality I Divislon of Mitigation Services �}1Jj 217 West Jones Street 1 1652 Mali Service Center I Ratelgh. North Carolina 27699-1652 /� 919.707.8976 ROY COOPER lktf Governor ELIZABETH S. BISERSecretary RICHARD E. ROGERS,JR. NORTH CAROLINA Director Environmental Quality COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM August 30, 2023 Permittee: Forest Ridge Subdivision, Inc., Odell Alden Smith, Jr. DWR Project # 20120892 v2 Project Name: Forest Ridge Commercial County: Harnett The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to satisfy the mitigation requirements set forth in 401 Individual Certification No. WQC006239 issued to Forest Ridge Subdivision, Inc. and Odell Alden Smith, Jr., dated August 30, 2023 as provided in the table below. Compensatory Mitigation River and 8-digit HUC Number Riparian Wetland 1 0.496 acres (credits) Cape Fear / 03030004 The Permittee must provide a copy of this form to DMS who will then sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once DMS has signed this form, it is the Permittee's responsibility to ensure that a signed copy of this form is submitted to the Division before conducting any of the authorized impacts. The Division of Mitigation Services verifies that the mitigation requirements (credits) shown above will be debited using approved released or advance credits, and for all stream or wetland credits is in accordance with the signed/approved In -Lieu Fee Instrument dated July 28, 2010. By signing below, DMS is accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no more than 25 percent of the total mitigation required by Division can be met through preservation, unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)). Signature Authority Name (print) Signature: Kelly Williams for NCDMS Date: 19 September 2023 D E Q�J/ North Carolina Department of Environmental Quality I Division of Water Resources !� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NoarH CAROLINA 919.707.9000 oeparrmem or eartruamemai aaaZ� Com "nsatory Mitigation Respon sibil ity Transfer Farm Permitte,e: Forest Ridge Subdivision Inc-, Odell Smith Jr. Action ID_ SAW-2005-01133 Project Name: Forest Ridge Commercial County: Harnett Instructions to PErmlttee: The Permittee must provide a copy athis form to the Mitigation sponsor, either an approved Mitigation Bank arthe Narth Carolina Dirisionof Mitigation services (NCDMSJ, who will then sign the form to verifyrthe transfer ofthe mitigation respomibilirtyr. once the 5pcinsor has sired this form, it is the Permittee's Msponsibilityr to ensure the Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorQed 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 Lmparts and/or the mitigation will oarur in more than one 8-digit Hydrologic unit Dade IHUC), 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 Scredits) shown below have been released and are ava ilable at the identified side- By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether they have received paym ent from the Perm ittee. Once the form is signed, the Sponsor must update the ba nk ledger a nd provide a copy of the *ned form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office I see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument - Permitted Impacts and CompensatM Mitigation Requirements: Permitted Imparts Requiring Mitigation* tlydigit HUC and Basin: 03030004, Cape Fear River Basin Stream Impacts Ilinear feet) Wetland Imparts (affes) YVa rm Cool cold R i avian Riverine R i avian Non -Rived NnrFRiparian Coastal DABS "if more than one mitigation sponsor will be used for the permit, Only include imparts to be mitigated by this sporrsor- [ompensatory Mrtigatir}n Requirements: $-digit HUC and Basin: 03030D04, Cape Fear River Basin Stream mitigation credits Wetland Mit' Lion credits Warm Cool Cold Ri aria rr RiVerinE Ripa rian Non-Riverine Non. -Riparian Coastal 0.494 Mitigation Ste Debited: NC DM5 -'List the name of the bank to be debited. For umbrella ba nks, also list the specific site- For NCDMS, list NCDMS. If the NCDMS acceptance letter iderrtirfies a specific site, also list the specific site to be debitedf. 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 M itigation Sponsor shown below, a nd 1 certify t hat t he Sponsor agrees to accept ful I responaibi ity for providing the mitigation identified in this document (see the table a hove), associated with the USAGE Permittee and Action ID number shown_ 1 also Verify that released credits (and}or advance credits for NCDMS), as a pproved by the Wilmington District, are currently available at the mitigation site identified above. Furtherr 1 understan.d that if the sponsor fails to provide the required compensatory mitigationr the USAGE W ilmingtan Distill i1C Engin-eer may pursue measures aga inst the Sponsor to ensure comp Hance associated with the mitigation requirements. Mitigation Sponsor Name: NCDMS Name oof3ponsor:s Authorized Representative: Kelly Williams A4�djlt��19 September 2023 Signature of Spa nso is Authorized Representative 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 for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the District is 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 District has 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 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 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 District Project 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 District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from INC DMS, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 7/7/2023 was included with the preconstruction notification. This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. 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 SAWMIT(EDusace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Katharine Elks USACE Field Office: Wilmington Regulatory Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 Email: katharine.b.elks@usace.army.mil Digitally signed by Katharine Katharine Elks Elks Date: 2023.09.01 08:41:05-04'00' USACE Project Manager Signature 9/1/2023 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.mil. 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 for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the District is 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 District has 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 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 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 District Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios maybe applied, as per current District guidance and anew version of this form must be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from NC DIMS, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 7/7/2023 was included with the preconstruction notification. This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. 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 SAWMIT@usace.army. mil). Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office. USACE Project Manager: Katharine Elks USACE Field Office: Wilmington Regulatory Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 Email: katharine.b.elks@usace.army.mil USACE Project Manager Signature 9/11/2023 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.mil.