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
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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.