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HomeMy WebLinkAboutSAW-201-01762 Bryton Permit Closure Letter_SignedApril 17, 2024 District Engineer Wilmington Regulatory Division Asheville Regulatory Office U.S. Army Corps of Engineers 151 Patton Avenue, Room 208, Asheville, North Carolina 28801 RE: SAW-2015001762 (the "Permit") issued to Development Solutions BRY, LLC, a Delaware limited liability company (collectively, "Permittee"). Dear Sir or Madam: At the request of the Permittee, on October 24, 2022, the Department of the Army (DA) issued a Permit Modification Request to incorporate Ardmore Capital Group, LLC, Northbridge, LLC and Development Solutions BRY, LLC as joint permittees under SAW-2015-01762 and to assign certain approved impacts to the joint permittees. A description of Development Solutions BRY, LLC's authorized impacts are described below: a). Impact Number 1 for a proposed road crossing and lot fill consisting of 179 linear feet (permanent stream impacts) and 0.095 acre (permanent wetland impacts); b). Impact Number 3 for a proposed sewer crossing consisting of 15 linear feet (temporary stream impacts); c). Impact Number 7 for proposed lot fill consisting of 122 linear feet (permanent stream impacts); and d). Impact Number 8 for proposed lot fill consisting of 401 linear feet (permanent stream impacts). The above permitted impacts have been completed in accordance with the permit. The required compensatory mitigation has been completed in accordance with North Carolina Department of Environmental Quality (NCDEQ) Certification No. WQC004117 and DWR#2007-0191 v3. Attached hereto are the NCDEQ Certificate of Completion and compensatory mitigation documentation. Should you have any questions or concerns, please do not hesitate to contact Development Solutions BRY, LLC's representative, Aaron Shier at 704.293.3789 or ashier@boardmanland.com. Sincerely, Development Solutions BRY, LLC, a Delaware limited liability company By: —/ �— Name: oM f>/�.(�.4 D�� its: �TTO�ic/�Y iAl /—'•�F�� ROY COOPER Governor EUZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality NCDWR Project No.: 2007-0191y3 County: Mecklenburg County Applicant: Development Solutions BRY, LLC Project Name: Bryton Development Date of Issuance of 401 Water Quality Certification: July 3, 2017 Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1, �Iiq hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportin to//rials. Signature: G--� Date: `T Agent's Certification I, Aaron Shier hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. A 17A Signature: ,- Date: 4/17/2024 Engineer's Certification X Partial Final Partial Certification for Impacts #1, 3, 7, & 8 1, Daniel Gates , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe eriodicall weekly,, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. 051823 02/?O/202f Date Completed hard copies can be emailed to kristilynn.carpenter(-)ncdenr.gov or mailed to: NCDEQ Transportation Permitting 1617 Mail Service Center Raleigh NC 27699-1617 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 Compensatory Mitigation Responsibility Transfer Form Permittee: Development Solutions BRY, LLC, Kim Gualtieri Project Name: Bryton Development Action ID: SAW-2015-01762 County: Mecklenburg 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 has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) 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 must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not 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 bank ledger to the Permittee, the USACE Project Manager, and the Wilmington 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: 03040105, Yadkin River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine 0.182 Riparian Non-Riverine Non -Riparian Coastal 1,311 *If more than one mitigation sponsorwill be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03040105, Yadkin River Basin Mitigation (credits) Wetland Mitigation (credits) _Stream Warm Cool Cold Riparian Riverine Riparian Non -Rive rine Non -Riparian Coastal 1,838.75 0.364 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 USACE, 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: [QC,Q /�/`-� Name of Sponsor's Authoriz Representative: v yl�, llko J'A 4 1 LN 0 Lt—�� ��V—V-CAV4 '2-0( Signa ure o Spons r s Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE 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 USACE is 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. 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 the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE 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 USACE 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 USACE, the Sponsor must obtain case -by -case approval from the USACE 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 of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from NCDMS confirming their willing and able to accept the applicants compensatory mitigation responsibility, dated 2/27/2017was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (email: todd. tug well@ usace. army. mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: David L. Shaeffer USACE Field Office: Asheville Regulatory Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Email: david.l.shaeffer@usace.army.mil Di,11,11,,ip,d by 50573 . SHAEFF , cn=5 IDEFFER.DAV1 .LE1G DN: c=US, o=U.S. Government, ou =DOD, ou=PKI, ou=USA, cn=SHAEFFER.DAVID.LEIGH.1260750573 Date: 2017.12.08 1 1:54:25-05'00' 12/8/2017 USACE Project Manager Signature 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.armV.mil Midgadon Services ENVIRONMENTAL QUALITY RECEIPT February 1, 2018 Kim Gualtieri Development Solutions Bry, LLC 8430 Rea Road Suite F Charlotte, NC 28277 Project: Bryton Development County: Mecklenburg 401 permit#: 2007-0191 404 permit#: 2015-01762 DMS ID#: MR-00116 Amount Paid: $760,452.00 Check Number: 1583 ROY COOPER MICHAEL S. REGAN 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/CAMA 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. River Basin Mitigation Location 8-di It HUC Mitigation Type Quantity Yadkin 03040105 Warm Stream 1,839 Yadkin 03040105 Riparian Wetland 0.364 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 at (919) 707-8915. Sincerely, i % j (�N u ) er Director cc: Todd Tugwell, USACE - Raleigh; Dave Shaeffer, USACE Paul Petitgout, agent State of North Carolina I Environmental Quality i Mitigation Services 1652 Mail Service Center i Rialeigly NC 27699-1652 1 217 W. Jones Street, Suite 3000 919 707 8976 T Compensatory Mitigation Responsibility Transfer Form Permittee: Development Solutions BRY, LLC, Kim Gualtieri Project Name: Bryton Development Action ID: SAW-2015-01762 County: Mecklenburg 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 has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) 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 must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not 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 bank ledger to the Permittee, the USACE Project Manager, and the Wilmington 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: 03040105, Yadkin River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 1,311 1 0.182 *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: 03040105, Yadkin River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 1,838.75 0.364 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 USACE, 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: I vC- D O--� Name of Sponsor's Authoriz Representative: G C v Y-.L� FD 2U N Signs ure o Spons s Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE 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 USACE is 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. 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 the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE 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 USACE 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 USACE, the Sponsor must obtain case -by -case approval from the USACE 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 of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from NCDMS, confirming their willing and able to accept the applicants compensatory mitigation responsibility, dated 2 27 2017was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587(email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: David L. Shaeffer USACE Field Office: Asheville Regulatory Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 E--il' david.l.shaeffer@usace.army.mil Digitallysignedby SHAEFFER.DAV0573 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SHAEFFER.DAVID.LEIGH.1 260750573 Date: 2017.12.0811:54:25 -0500 USACE Project Manager Signature 12/8/2017 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 Mitigation Services ENVIRONMENTAL QUALITY RECEIPT February 1, 2018 Kim Gualtieri Development Solutions Bry, LLC 8430 Rea Road Suite F Charlotte, NC 28277 Project: Bryton Development County: Mecklenburg 401 permit#: 2007-0191 404 permit#: 2015-01762 DMS ID#: MR-00116 Amount Paid: $760,452.00 Check Number: 1583 ROY COOPER Governor MICHAEL S, REGAN Secretary 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/CAMA 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. River Basin Mitigation Location TMitigation Type __F Quantity 8-di it HUC Yadkin 03040105 Warm Stream 1,839 Yadkin 1 03040105 Riparian Wetland 0.364 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 at (919) 707-8915. Sincerely, l u er Director cc: Todd Tugwell, USACE - Raleigh; Dave Shaeffer, USACE Paul Petitgout, agent State of North Carolina I Environmental Quality I Mitigation Services 1652 Mail Service Center I Raleigh, NC 27699-1652 1 217 W. Jones Street, Suite 3000 919 707 8976 T