20071868 Ver 1_EEP Letters_20071115

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Timothy Huffman
Duke Energy Carolinas, LLC
526 S. Church St. EC10A
Charlotte, NC 28202
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Ecosystem
PROGRAM
November 8, 2007
Project: Bridgewater Powerhouse Construction
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Expiration of Acceptance: May 8, 2008
County: Burke
We have received your request to access the North Carolina Ecosystem Enhancement Program's (NCEEP) In-Lieu Fee
mitigation program for the above referenced project. We regret to inform you that we are unable to accept the full amount of
credit requested at this time.
EEP recently proposed a revision to the fee schedule for wetland and stream mitigation as a means of allowing the program
to collect fees commensurate with our project implementation costs. The revision was passed by the Environmental
Management Commission and Rules Review Commission but has been delayed due to administrative rules regarding
comment submittals. Per established protocols for rule-making, the fee revision will now be considered during the next
legislative session beginning in May 2008. Until that time, EEP has developed a strategy that considers the financial
implications to the program for new requests to access the In-Lieu Fee Program and has determined that we are unable to
provide your mitigation. If you want to resubmit your request form at a later time, EEP will reconsider the request in the
future. We anticipate updating our strategy as new data and opportunities become available. EEP will consider all requests
on a case-by- case basis.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
Catawba
0050101 Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Ri arian Non-Ri arian Coastal Marsh
Impacts Requested 0 230 0 0.013 0 0 2,700 1,800
Impacts Accepted 0 0 0 0.013 0 0 2,700 1,800
Credits 0 0 0 0.026 0 0 8;100 2,700
EEP is willing to accept payment for impacts associated with the above referenced project as indicated in the table above.
Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation
for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP
will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of
the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
R.esto~' ~ .. Protectr,~t~ Ou.~ Stag ©~n
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Steve Chapin, USACE-Asheville
Kevin Barnett, NCDWQ-Asheville
Jason Isbanioly, agent
File
R.~sto~u~c9... ~ ... Protect' ou,~ .ttat~ ~~ N
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net