MRTF SAW-2022-02375 Duke Cary Triangle EXPWY.pdf

Compensatory Mitigation Responsibility Transfer Form
Permittee: Duke Energy Progress,Tucker Pridgen Action ID: SAW-2022-02375
Project Name: Duke Energy Progress Cary Triangle Expressway 239kV Substation 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 Divisionof 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 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 attachedto 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: 03030002,Cape Fear River Basin
Stream Impacts(linear feet) Wetland Impacts(acres)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
434 0.28
*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:03030002,Cape Fear River Basin
Stream Mitigation (credits) Wetland Mitigation(credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
868 0.56
Mitigation Site Debited: NCDMS
(List the name of the bank to 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).
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),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
mitigation site identified above. Further, I understand that if the Sponsor fails to 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 o sor's Authorized gepresentative:Kelly Williams
26 January 2024
Signature of S onsor's Authorized Re resentative Date of Signature

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has beensignedby 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 copyof 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 ofthis 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 NCDMS, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility, dated 8/10/2023 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 Pagel. Once signed,the
Sponsor should provide copies of this form alongwith 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 [e-mail] y.mil). Questions regarding this form or any of the
permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: Rachel Capito
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive,Suite 105
Wake Forest, North Carolina 27587
Email: [e-mail]
CAPITO.MCHEL. Digitally signed by
CA A 0
ANN.1536276790 Date:2024.01.26 09:16:39-0500' 1/26/2024
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance,including informationon 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.