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Home My WebLink About20150041 Ver 1_DMS Receipt for Mitigation_20150922Burdette, Jennifer a From: Sent: To: Subject: Attachments: Jennifer, Rebekah Newton <rebekah @cwenv.com> Tuesday, September 22, 2015 7:28 AM Burdette, Jennifer a FW: Brickhaven and Sanford Mines DMS invoice for mitigation MRTF 2015 -02254 04 Brickhaven and Sanford Mines.pdf, MRTF 2015 -02254 Brickhaven and Sanford Mines.pdf, 23798 STRWR Brickhaven and Sanford Mines.pdf Attached is the DMS receipt for Sanford and Brickhaven. now Please consider the environment before printing this e -mail. From: Williams, Kelly [mailto :kelly.williams @ncdenr.gov] Sent: Monday, September 21, 2015 5:30 PM To: Rebekah Newton Cc: Brown, Craig J SAW; Montalvo, Sheri A; Todd.Tugwell @usace.army.mil; cindy.m.corbett @usace.army.mil Subject: Brickhaven and Sanford Mines DMS invoice for mitigation Sincerely, Kelly Kelly Williams Division of Mitigation Services In -Lieu Fee Program Coordinator direct: 919.707.8915 US Postal Service Address: 1652 Mail Service Center Raleigh, NC 27699 -1652 Our Raleigh office is located in the N.C. Dept. of Environment and Natural Resources Building at 217 West Jones St., Suite 3000A, Raleigh, N.C. 27603. U.S. ARMY CORPS OF ENGINEERS Wilmington District ComiDensa-tore Mitigation Respoinsibili-tv "Trap sfer orim perm lttee: Green Meadow, LLC. Action IM SAW-2014-02254 Project Nance: Coall ash repositories at BHckhaven & Sanford Mines Counties: Chathami & Lee Instructions to Sponsor: 'The Sponsor must verify that the mitigation requlrernents shown below are available at the identil'ied site. By signing below, the Sponsor is accepting full responsiNlIty for the identified rnitigation, regardless of whether or not they have received payrnent from the Permittee. Once the form is signed, the Sponsor must update the appropriate ledger and provide a copy of the signed forrn to the Permittee and to the USACE Bank/In-Lieu Fee Program Manager. The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory IVIltigation Requirernents: Perimitted Impacts Requiring - M - ritigation* ---------- - ----- - - - 8--digit HUC and-Basin-:0-3030-00-4, Cape Fear River Basin Strearn Impacts (linea-ir-feet)______________ ---- Wetland Impacts (acres Warm Cool Cold Riparian Riparian Non- Riparian Coastal RIverine Non-rlver[ne ------------ — ------ ___________ - -- 1,'71 6 11.62 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.. Compensatory Mitigation Requirements Stream Mitigation (credits) Warm Cool Cold 716 8-digit HILIC and Basin: 03030004, Cape Fear River Basin - -- ------ - - - - -- ------- --- - -------- - - - - - - - -- - - - - - - -------- - ------- - - -------- Wetland Mitigaflon (credits) Riparian Mparian Non-Riparian Coastal Illverine Non-rIverine I. lViftigation Site Deblted: North Carolina Division of MItiaaflon Services (DIVIS) (List the name of the bank to be debited, For umbrella banks, also list the specific site, For DIVIS, list DIVIS. If the DIMS acceptance letter identifies a specific site, also list the specific site to be debited), Section to be completed by the Mitigation Sponsor Page I of 2 Form Updated 2 October, 20 12 USACE Wilmington District .. Conditions for Transfer of Compensatory Mitigation Credit; • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed fcrm, the Permittee is ro 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 USAGE 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. 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 the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE 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 USACE 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 USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and /or North Carolina Interagercy 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 USACE administrative records for both the permit and the Bank /ILF Instrument. Comments /Additional Conditions: The 1,716 linear feet of stream impacts will be mitigated at a 1:1 ratio. For 1.162 acres of wetland impacts: 1.10 acres would be mitigated at a 1:1 ratio; an arch culvert impacting 0.02 acre at the Sanford Mine (impact #25) would be mitigated at a 0.5:1 ratio requiring 0.01 acre of mitigation credits; and due to the need to go outside the 8 -digit HUC (wetland credits are not available in HUC 03030002), a 2:1 ratio, or 0.084 acre of mitigation credits for 0,042 acre of wetland impacts at the Brickhaven Mine (impacts 42 & #13). When the arch culvert and the need to go outside of the appropriate HUC for mitigation credits are calculated, the total mitigation requirements for HUC 03030004 are: 4,256 linear feet for jurisdictional streams and 1.194 acres for jurisdictional wetlands. This form is not valid unless signed by the mitigation Sponsor and USACE Project Manager. For questions regarding this form or any of the conditions of the permit authorization, contact the Project Manager at the address below, USACE Project Manager: USACE Field Office: Email; Craig Brown Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 craig.j.brown @usace.army.mil September 11, 2015 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and avallability, and credit classifications (including stream temperature and wetland groupings) is available at http: / /ribits.usace.armv.mli. Page 2 of 2 The wiimington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http : / /regulatorv. Lisa cesurvev,com/ to complete the survey online. U.S. ARMY CORPS OF ENGINEERS Wilmington District Cm pe Trksfer Form Permittee. Green bleadow, LLC. Action 1D* SAW-2,014-02254 Project Nanie: Coal ash repositorles at BrIckhavien & Sanford in Cuunfles� Chatham & Lee Instructions to Sponsor. The Sponsor must verify that the mft,gafiofi requirefflents., ShoWn below are avaifz,r ble at the idemlified site. By signing b0ow, the Sponsor is acc pbllg fUH responsibility for the identified rnftigatiorl, regardless of' whethfyr or not they have received payinent ffo"i the Perr'nittee. Once the form fs sigrwd, the Sponsor rniust updater the appropHato ledger and pro Vide a copy of the signed form 'to the Perrdttee and to the USACE EiGraft /ln1.ieu Feepro, r8a) Manager. rhe.Sponsor MUSt alM cornpiV with PH reportin reqk,#lrenients estabfirhed in flWr authorizhng instrumnnt, Permitted Inspacts and Compensatory Mitigation Requirements: sari-rdtted Impacts Requleing Mitigation* 8-digit HUC and Basin: U3030002, Cape i: ear River Basin ,F IF— Stre"Ilm lmpact�, (lineia—r ie & t) Wefland �rnpacts (acres) r. .. ..... , - .11. .11.1.1.1 11 Riparian Wp—araarr waryn Cool Co d Rhrerine Non riverine Non-Riparlan Coastal ............ . ....... . . . .. ......... *If rnorethain one millgation sponsor wfli be used for the permit, only include impicts to be mitigated by this sporwsor,, Compensatory MlVgatlon Requirements: 8-digit HUC and Basin-, 03030002, Cape Fear River8asin wetland Nqffigat�on credits Strearn WiF I A3tion (scredits) Riparha n Ripaflan i W arm. C,00l Cold I Non-Riparian i coastm Nverine Nory-riverine Mitigation Site Debited. North CarofinaDivis ricfmitkg�qn , w io vi (List the nafne of the kiani"to ;(-2 debfted. For urnbrefla banks, also list thip spec c site, For WAS, fist DMS, ff the DMS acceptance letter identifies a specific site, also list the specific si te to be debited). Section to be compfeted by the Mifiggrflon Sponsor Staternent of Afiftigation Uabillty Acreptance, i, the undersigrwd, veriffy that N am authorized to approve mifigation, transactions for the Mkigation Sponsor shown below, and i certify that the SPOASOrr of arc pt fuV responsOifty for providing the niffigation identifiedera this docurnvit (see the table above), assodated wkh the USAGE Nermitzee and Actior) 11) number shown, l also verify that r6eAsed credits (and/or advance credits for NCEEP), as approved by the USAC"E, are currently available at the mitigation site Wei-Affled abvvO. Further, f und, rstand that if the Sponsor fait to provide the required cornpensatiory mffigaflori� tNe ILLS ACE WHmingtom District Engineer may pursue ime asures agah,%st the Sponsor to ensure cornpRance associated with the mitigation requirernents, Page 1 of 2 Farm Updated 2 October, 2012 USACE Wilmington District Compensatory Mitigation Responsibility Transfer form., Page 2 Conditions for Transfer of Compensatory N11.1gatiW-1 Credit: • Qn-,e. this document has bepr sl,&ned y the %1i`;g16()n :Sponsor an the USAGE iS M IMCF;Pt Of the S18flied fc rn, the It M in Perr-nittee +s no respon-sible 10, prov;ding thre miticalior, idenUfi ed in th'- for;" tflo,qh the PP'(T'R eO re ai s re--pc ,ns!b1c for any ot'�-,er m'1tl&,ATon requi,,ernents 5tatei it V�-'-e permit colidit",on.S. , I - . iona! areas authorized by the permit identI`ed on pag - of this fore: can begin only -onstru-ft-n within j��risdlcl e a. Fe after zhe 'USAGE is in receipt of a copy of this docum.er.lt s3gne6 b; the Spori: r, confirming that tf)e Sponsor has accepted responsibilltv for providing the mitigation `eqairemenas listed hereln. F'-r authorized I',qpac�s conducted by the North Carolina Department of T;ansportaCon (W-DOTh coistructiun witltin Ju.11 dktional ertas may proceed upon perm:t i-zsuar.ce; however, a copy of th s form signed by the Sponsor must be pr.0v1j&J to e iiS %CE ki tie it , 4 hn 30 days of peirn"tissuance, NCDOT rema`ns fuilty re5ponsible for the milig6tionjnt'ithe USACE has recei,.ed this form, confirming that the Spinsor hay accepted responsibility for providing the rr.Algatlior, requirer,,ients listed herel,.n- Signed copie--- of this document must be retained by the Permittee.. Sponsor, and in the USACE zdnqjr:is- rative records for 'lot,,) the perm'zt and the Bank/JLF instrument. it is the Pe-rnittee'� responsibility to ensure that the USACI Proaect Manager t'addresspelov<) is p1rovided Mtn a signed copy of tn'b, form, 0 !f changes are oropos*d to the type, amonint, of location of mW.gation afte, t'-,-is For1r, vas been ss'ignp-d and returned to arn the USACE Project Manager and/Or Carolina zhe USAGE, the Sponsor ML5t obtain --case-by-case appro,�al from 3;-Aeragency Rev"evi Team (INICIRT), I appro,,ed, hig'her r0tigation rats ;s rney Ole applied, 23 per current District tie uSACE 2dr-nirliArative records for both ,BuNaice and a new vers or, of this form must be complated and included In th the permit and the BankALF Instrument. Commtints /Additional Conditions: The 2,540 liln-,ar feet of stremn krqpacts wN be mitigated at al.: I ratio This form is nct va!kd unless sign d by the rritigaVon Spon5or and U-SACE Protect NAar,.age•, F,�r que,tiofns regarding this form of any of the condAions of 1.he P�rrni', authorization, contact the F'Nlect Manager at the address be Vv.,. USAGE Project Manager: 'Craig Brow�'T USACE Field Office: Raleigh Reguiatory Fieid Office US Army Corps of Eng! nee rs 333' 1 Hp?'Ttazie Trade Driv% -zvji' te 105 'Wa�(- Forest, 74orth Carolina 27587 Email: craig.j.b,-own@LSace.army.mil '4 Seoternoer 2, 20,L5 USAGE Project Manager Signature Date of Signature C=jr•ent Wilmington Di�tr*,,-J rnitigati-,n gulda-.e, inciudi-lig information on mitigation ratios, fiunztiona awessments, aqd mitigation banif lccatio!i and availaV'ity, and credit classification5 (inclid"ag stream `ernip,'-tature anc wetland groupings) is a,,Wlabie at' : I 4 tits..,u sace,a rmv. rq 11. Page 2 of 2 T ,e D wit is committed to pr*-id,ligg 04 hl hest leves of -wppor,' to V" putlaci Tc Wp vs LrsurLl we continue to do 50, Please Complete the rM North Carolina Department of Environmental Quality Charles Price Green Meadows, LLC 12601 Plantside Drive Louisville, KY 40299 Project: Brickhaven and Sanford Mines County: Chatham and Lee WQ permit #: 15 -0041 COE #: 2015 -02254 DMS #: 23798 Amount Paid: $1,784,441.75 Check Number: 16949 Division of Mitigation Services RECEIPT September 21, 2015 Donald R. van der vaart Secretary The NCDENR 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 404lCAMA 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. River Basin Stream Credits 1-IUC (linear feet) Wetland Credits (acres) Cold Cool Warm Rimarian. Non - Riparian N Coastall. Marsh Cape ear 0,q'� 1,716 4 1..pp 0 � p1~; (0�4 Cape fear 02 0 �0 0 �j 2,540 y6�� 0 joy 0 0 Buffer 1& 11 (Sq. Ft.) I Refunds of payments made to NCEEP are only approved under certain conditions. All refund requests must be submitted in accordance with the Division's refund policy at www.nceep.net. If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915. Ale reel h on Director cc: Craig Brown, USACE - Raleigh; Todd Tugwell, USACE- Raleigh Sheri Montalvo- NCDWR Rebekah Newton, agent 1652 Mail Service Center, Raleigh, North Carolina 27699 -1652 Phone: 919- 707 - -89761 Internet: www,nceep.net An Equal Cpporhlnity's Affrmative Action Employer— Mace in part from recycled paper