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HomeMy WebLinkAboutArvin Subdivision DMS Receipt RECEIPT February 20, 2024 David Goracke KL Arvin LLC 9121 Anson Way, Ste. 200 Raleigh,NC 27612 Project:Arvin Subdivision County: Durham 401permit#:2022-1672 404 permit#:2019-01026 DMS ID#: MR-08347 Amount Paid: $77,742.09 Check Number: 11865 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 404Permit(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 LocationMitigation TypeCredits Neuse 03020201Riparian Wetland0.68 Refunds of payments made to NCDMS are only approved under certain conditions. All refund requests must information, please contact Kelly.Williams@deq.nc.gov. Sincerely, Kelly Williams ILF Program Coordinator cc: Todd Tugwell, USACE -Raleigh; Richard Harmon, USACE Sheri Montalvo, NCDWR Nicole Thomson, agent DocuSignEnvelopeID:9249E637-3227-4093-913F-4AF9671F87EE COMPENSATORYMITIGATIONRESPONSIBILITYACCEPTANCEFORM February16,2023 Permittee: David Goracke, KL Arvin, LLC, Laverne ParrishDWRProject#20221672 Project Name: Arvin SubdivisionCounty: Durham The Division has received an acceptance letter fromthe NC Division of Mitigation Services (DMS) to satisfy the mitigationrequirements set forthin 401 Individual Certification No. WQC001672 issued to DavidGoracke,KLArvin,LLC,andLaverneParrish,datedFebruary16,2023asprovidedinthetable below. CompensatoryMitigation Riverand8-digitHUC Number RiparianWetland0.340acres(credits)Neuse/03020201 ThePermitteemust provideacopyofthisformto DMSwhowill thensigntheformtoverifyreceiptof payment and the transfer of the mitigation responsibility.Once DMS has signed this form, it is the 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, DMSisacceptingfullresponsibilityfortheidentifiedmitigation.Asareminder,nomorethan25percent 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)). Kelly Williams NCDMS Signature Authority Name (print): 20 February 2024 Signature: Date: North Carolina Department of Environmental QualityDivision of Water Resources Raleigh Regional Office3800 Barrett DriveRaleigh,NorthCarolina27609 919.791.4200 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: KL Arvin, LLC & Laverne B. Parrish Action ID: SAW-2019-01026 & SAW-2020-00212 Project Name: Arvin Subdivision County: Durham 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 Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor haƭ ƭźŭƓĻķ Ʒŷźƭ ŅƚƩƒͲ źƷ źƭ ƷŷĻ tĻƩƒźƷƷĻĻ͸ƭ ƩĻƭƦƚƓƭźĬźƌźƷǤ Ʒƚ ĻƓƭǒre 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 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 (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: 03020201, Neuse River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 0.34 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020201, Neuse River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 0.68 Mitigation Site Debited: North Carolina Division of Mitigation Services (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). {ĻĭƷźƚƓ Ʒƚ ĬĻ ĭƚƒƦƌĻƷĻķ ĬǤ ƷŷĻ aźƷźŭğƷźƚƓ {ƦƚƓƭƚƩ 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. NCDMS Mitigation Sponsor Name: Kelly Williams bğƒĻ ƚŅ {ƦƚƓƭƚƩ͸ƭ !ǒƷŷƚƩźǩĻķ wĻƦƩĻƭĻƓƷğƷźǝĻʹ Page 1 of 2 Form Version 10 June 2020_updated CESAW-RG (File Number, SAW-2019-01026 & SAW-2020-00212) 20 February 2024 {źŭƓğƷǒƩĻ ƚŅ {ƦƚƓƭƚƩ͸ƭ !ǒƷŷƚƩźǩĻķ wĻƦƩĻƭĻƓƷğƷźǝĻDate of Signature Conditions for Transfer of Compensatory Mitigation Credit: Once this document has been signed by the Mitigation Sponsorand 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 oneof this formcan begin only after the Districtis 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 Districthas 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 źƭ ƷŷĻ tĻƩƒźƷƷĻĻ͸ƭ ƩĻƭƦƚƓƭźĬźƌźƷǤ Ʒƚ ĻƓƭǒƩĻ ƷŷğƷ ƷŷĻ 5źƭƷƩźĭƷ Project Manager (address below) is provided witha 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 DistrictProject 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 Districtadministrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions:A letter from NCDMS Ͳ ĭƚƓŅźƩƒźƓŭ ƷŷĻǤ ğƩĻǞźƌƌźƓŭ ğƓķ ğĬƌĻ Ʒƚ ğĭĭĻƦƷ ƷŷĻ ğƦƦƌźĭğƓƷ͸ƭ compensatory mitigation responsibility, dated 11/29/2022 was included with the preconstruction notification. This form is not valid unless signed below by the DistrictProject Manager and by the Mitigation Sponsor on Page 1. hƓĭĻ ƭźŭƓĻķͲ ƷŷĻ {ƦƚƓƭƚƩ ƭŷƚǒƌķ ƦƩƚǝźķĻ ĭƚƦźĻƭ ƚŅ Ʒŷźƭ ŅƚƩƒ ğƌƚƓŭ ǞźƷŷ ğƓ ǒƦķğƷĻķ ĬğƓƉ ƌĻķŭĻƩ Ʒƚʹ ЊΜ ƷŷĻ tĻƩƒźƷƷĻĻͲ ЋΜ ƷŷĻ 5źƭƷƩźĭƷtƩƚƆĻĭƷ ağƓğŭĻƩ ğƷ ƷŷĻ ğķķƩĻƭƭ ĬĻƌƚǞͲ ЌΜƷŷĻ .ğƓƉ ağƓğŭĻƩ ƌźƭƷĻķ źƓ wL.L{Ͳ ğƓķ ЍΜƷŷĻ ‘źƌƒźƓŭƷƚƓ 5źƭƷƩźĭƷ Μŭ aźƷźŭğƷźƚƓ hŅŅźĭĻͲ ЌЌЌЊ IĻƩźƷğŭĻ ƩğķĻ 5ƩźǝĻͲ {ǒźƷĻ ЊЉЎͲ ‘ğƉĻ CƚƩĻƭƷͲ b/ ЋАЎБА ΛƚƩ ĬǤ ĻƒğźƌƷƚ ƚ SAWMIT@usace.army.mil@@yyy ΜΜ. Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.e. USACE Project Manager:Jean B. Gibby USACE Field Office:Raleigh Regulatory Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Email:Jean.B.Gibby@usace.army.mil 05/13/2023 USACE Project Manager SignatureUSACE Project Manager SiDate 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.