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 tĻƩƒźƷƷĻĻƭ 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
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Page 1 of 2 Form Version 10 June 2020_updated
CESAW-RG (File Number, SAW-2019-01026 & SAW-2020-00212)
20 February 2024
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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 tĻƩƒźƷƷĻĻƭ 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 ğƦƦƌźĭğƓƷƭ
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.