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Home My WebLink AboutTruelove Apartments DMS ReceiptROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Jason McArthur Mission CCC Sanford, LLC 5800 Old Pineville Road, Suite 201 Charlotte, NC 28217 Project: Truelove Apartments County: Lee 401 permit#: 2023-0989 404 permit#: 2023-00736 DIMS ID#: MR-08527 Amount Paid: $19,037.54 Check Number: 1041 d� SU7F a pa . NORTH CAROLINA Environmental Quality RECEIPT January 29, 2024 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 0.25 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; Rachel Capito, 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 DocuSign Envelope ID: 3D7C0716-1254-417A-9620-310F052255B2 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality COMPENSATORY MITIGATION RESPONSIBILITY ACCEPTANCE FORM August 28, 2023 Permittee: Jason McArthur & Mission CCC Sandford, LLC DWR Project # 20230989 Project Name: Truelove Apartments County: Lee The Division has received a Statement of Availability (SOA) from NCDEQ Division of Mitigation Services (DMS) to satisfy the mitigation requirements set forth in 401 Individual Certification No. WQC006233 issued to Jason McArthur and Mission CCC Sandford, LLC, dated August 28, 2023, as provided in the table below. Compensatory Mitigation River and 8-digit HUC Number Riparian Wetland 0.120 acres (credits) Cape Fear - 03030004 The Permittee must provide a copy of this form to the Mitigation Provider specified above who will then sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once the Mitigation Provider has signed this form, it is the Permittee's responsibility to ensure that a signed copy of this form and the mitigation transfer certificate is submitted to the Division before conducting any of the authorized impacts. The Mitigation Provider verifies that the mitigation requirements (credits) shown above, have been released and are available at the identified bank site(s). By signing below, the Mitigation Provider 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) Kelly Williams for NCDMS Signature: Date: 29 January 2024 Nf1RTH CARCLIN D ��/�. ue�ro a�.n—hl Q..Z North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 Compensatory Mitigation Responsibility Transfer Form Permittee: Mission CCC Sanford, LLC, C. Jason McArthur Action ID: SAW-2023-00736 Project Name: 3239 NC 87 Sanford NC Truelove Apartments County: Lee Instructions to Permittee:The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Ban k or the North Carolina Division of 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 occurin 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 atthe 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: 03030004, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.25 * 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: 03030004, Cape Fear River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.25 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, verifythat 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 failsto providethe required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures againstthe Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: NCDMS Name of Sponsor's Authorized Representative: Kelly Williams Aye 29 January 2024 Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed bythe Mitigation Sponsor and the District is in receipt ofthe signed form, the Permittee is no longer responsible for providingthe mitigation identified in this form, though the Permittee remains responsible forany 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 providingthe mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted bythe 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 bythe Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permitand the Bank/ILF Instrument. It is the Permittee's responsibility to ensurethatthe 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 a newversion 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 letterfrom DIMS, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 6/28/2023 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. Oncesigned, 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 SAWMITPusace.army. 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: Rachel.A.Capito@usace.army.mil CAPITO.RACHEL.A DigitMlysig-dby CAPITO.RACH EL.ANN.1536276790 NN.1536276790 Date: 2023.08.3014:54:10-04'00' USACE Project Manager Signature 8/30/2023 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.