HomeMy WebLinkAbout2019-02355 NWP 29 and 18 signed.pdf U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Lennar Corporation,Attn:Stephen Dorn Action ID:SAW-2019-02355
Project Name:Apollo 55/Lennar/NC Highway 55/Cary/multi-family residential County:Wake
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 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:03030002,Cape Fear River Basin
Stream Impacts(linear feet) Wetland Impacts(acres)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
410 0.338
*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:03030002,Cape Fear River Basin
Stream Mitigation (credits) Wetland Mitigation(credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
805 0.677
Mitigation Site Debited: Wildlands Holdings: Cane Creek Bank: UT to Pine Hill Site, Bethel Branch,South Fork and
Wildlands Cape Fear 02 Umbrella Bank:Twin Burros Site
(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 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.
Mitigation Sponsor Name: Wildlands Holdings IV,LLC&Wildlands Holdings VI,LLC
Name of Sponsor's Authorized Representative: Daniel Johnson
05/10/2024
Signature of Sponsor's Authorized Representative Date of Signature
Form Date July 7,2020
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and 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 one of this form can begin only after the
District 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. 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 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 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 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 may be applied, as per current District guidance and a new version
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:The Applicant provided a letter from Wildlands Engineering,dated 4/5/2024,confirming they
have available credits at multiple sites within the same HUC.
This form is not valid unless signed below by the District 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 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,NC27587(or by email to SAWMIT@usace.army.mil). Questions regarding this form
or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: Rachel A.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
Digitally signed by Rachel A
Rachel A Capito
Ca �tC� Date: 2024.05.0109:32:14
P l _ -04.00• 5/1/2024
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.army.mi1.
Form Date July 7,2020
Microsoft Word - 2019-02355 NWP 29 and 18
Tearsheet DRAFT.xml
Final Audit Report 2024-05-10
Created: 2024-05-10
By: Camden Brunick(cbrunick@wildlandseng.com)
Status: Signed
Transaction ID: CBJCHBCAABAAfWXjYPPyceT-e3EbliUKeHIUVPL711tE
"Microsoft Word - 2019-02355 NWP 29 and 18 Tearsheet DRAF
T.xml" History
Document created by Camden Brunick (cbrunick@wildlandseng.com)
2024-05-10-2:20:26 PM GMT
Document emailed to Daniel Johnson (djohnson@wildlandseng.com) for signature
2024-05-10-2:20:30 PM GMT
Email viewed by Daniel Johnson (djohnson@wildlandseng.com)
2024-05-10-2:34:28 PM GMT
dp Document e-signed by Daniel Johnson (djohnson@wildlandseng.com)
Signature Date:2024-05-10-2:34:56 PM GMT-Time Source:server
Agreement completed.
2024-05-10-2:34:56 PM GMT
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