20150997 Ver 1_Receipt_20160930

Burdette, Jennifer a
From: Cahoon, Steve <[e-mail]>
Sent: Friday, September 30, 2016 9:39 AM
To: Burdette, Jennifer a
Cc: Toepfer, John R
Subject: LV Sutton Mitigation Creidt transfer
Attachments: Credit Transfer_ Sutton Energy Complex.pdf
Hi Jennifer,
According to permit IWP000004 condition 2 proof of payment of compensatory mitigation is required before impacts
specified in the permit can occur. Please see the attached Compensatory Mitigation Responsibility Transfer Form from
the Lower Cape Fear Umbrella Mitigation Bank, stating that the mitigation fee for impacts has been paid by Duke
Energy. We plan to move forward with construction of the landfill in short order.
Please contact me if you have any questions.
Steve
Steve Cahoon
Duke Energy
EHS — CCP Permitting and Compliance
Office - [phone]
Cell - [phone]
[e-mail]

Compensatory Mitintion Responsibility Transfer Form
Permittee: Duke Energy NC DWR No. 15-0998
Project Name: On -Site Landfill Sutton Energy Complex County: New Hanover
By way of this form, the Sponsor of the Lower Cape Fear Umbrella Mitigation Banks (LCFUMB) verifies that the mitigation
requirements (credits) shown below are available at the identified site and that payment has been received in full from the
project Permittee. By signing below, the Sponsor is accepting full responsibility for the identified mitigation.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03030005, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
5.6
*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: 03030005, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
5.6
Mitigation Site Debited: Lower Cape Fear Umbrella Mitisation Bank
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.
r -t
Mitigation Sponsor Na
Name of Sponsor's Authorized
Signature of Sponsor's Authorized
\� Cev,
u % /
of Signature: � �r 16 —
Page 1 of 2

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 NC DWR 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 401 Certification identified on page one of this form can begin
only after NC DWR 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.
• Signed copies of this document must be retained bythe Permittee, Mitigation Sponsor, and in the NC DWR administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the NC DWR
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 NC DWR, the Sponsor must obtain case-by-case approval from the NC DWR Project Manager and/or North Carolina
Interagency Review Team (NCIRT).
Comments/Additional Conditions:
Page 2 of 2