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Home My WebLink AboutMcBride SD DMS receipt_combinedROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD ❑imaor Jay Colvin DRB Group 227 W. Trade St. Suite 400 Charlotte, NC 28202 Project: McBride Subdivision County: Union 401 permit#: 2023-1493 404 permit#: 2023-02143 DMS ID#: MR-08595 Amount Paid: $27,661.85 Check Number: DRBNC-00028100 NORTH CAROLINA Environmental Quality RECEIPT July 16, 2024 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 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. Mitigation Location Mitigation Type Credits Yadkin 03040105 Riparian Wetland 0.36 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@deq.nc.gov. Sincerely, At�dj� Kelly Williams ILF Program Coordinator cc: Todd Tugwell, USACE - Raleigh; Emily Greer, USACE Sheri Montalvo, NCDWR Drew Lucas, agent D_ EQNorth.,_ Carolina Department of Environmental Quality I Division of Mitigation Services `�JJn 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 Dq— a " 919.707.8976 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM June 26, 2024 Permittee: DRB Group North Carolina, LLC DWR Project #20231493 Attn: Scott Widener Project Name: McBride Subdivision County: Union The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to satisfy the mitigation requirements set forth in 401 Individual Certification No. WQC006967 issued to DRB Group North Carolina, LLC and Scott Widener, dated June 26, 2024 as provided in the table below. Compensatory Mitigation River and 8-digit HUC Number Riparian Wetland 0.1986 acres (credits) Yadkin / 03040105 The Permittee must provide a copy of this form to DMS who will then sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once DMS has signed this form, it is the Permittee's responsibility to ensure that a signed copy of this form is submitted to the Division 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, DMS is accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no more than 25 percent 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). Signature Authority Name (print): Kelly Williams for NCDMS Signature: ". 1,Jltli/Yit �-4 Date: 16 July 2024 North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 601 East Center Avenue, Suite 3011 Mooresville, NC 28115 NORTHCARouNAD P 704.663.1699 uep.b.d ofE .nme wOual� U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: DRB Group North Carolina, LLC c/o Scott Widener Action ID: SAW-2023-02143 Project Name: McBride SD County: Union 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: 03040105, Yadkin River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.18 *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 0.36 Mitigation Site Debited: NC DMS ILF (List the name of the bank to be debited. For umbrella banks, also list the specific site. acceptance letter identifies a specific site, also list the specific site to be debited). For NCDMS, list NCDMS. If the NCDMS 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 Sponsorfails 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: NCDMS Signature of Sponsor's Authorized Representative 16 July 2024 Date of Signature Page 1 of 2 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 maybe 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: 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, NC 27587 (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: Emily Greer USACE Field Office: Charlotte Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Email: emily.c.greer@usace.army.mil Emily Greer Digitally signed by Emily Greer Date: 2024.06.30 19:06:50-04'00' June 28, 2024 Wilmington District 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. Page 2 of 2 ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Scott Widener ❑RB Group 227 W. Trade St. Suite 400 Charlotte, NC 28202 Project: McBride Subdivision NORTH CAROLINA Environmental Quality September 20, 2023 Expiration of Acceptance: March 20, 2024 County: Union The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. 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 Permit1401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS 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 by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website_ Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to ❑MS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Yadkin 03040105 Riparian Wetland 0.316 Upon receipt of payment, DMS will take responsibility for prodding the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@deq.nc.gov. Sincerely, FOR James. B Stanfill Deputy Director cc: Drew Lucas, agent �INAV North Carolina Department of Environmental Quality I Division of Mltigatlon Services 217 West Jones Street 1 1652 Mall Service Center I Raleigh, North Carolina 27699-1652 M :[ I - I I 919.707.8976