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HomeMy WebLinkAbout20160199 Ver 1_Receipt_20161118Burdette, Jennifer a From: Kim Williams <kwilliams@lmgroup.net> Sent: Friday, November 18, 2016 10:20 AM To: Greer, Emily C CIV CESAW CESAD (US); Coburn, Chad; Steenhuis, Joanne; Burdette, Jennifer a Cc: Allen Vann Subject: Pender County Schools: Action ID# SAW -2016-00507 & DWR Project #16-0199 Attachments: Signed MRTF DWR.pdf, Signed MRTF USACE.pdf Hi All Attached are Mitigation Responsibility Transfer forms signed by a representative of the Northeast Cape Fear Umbrella Mitigation Bank for the Surf City K-8 School Project. Note that since the USACE required less credits than DWR, the bank signed the USACE form and another form that we created showing the higher amount of DWR-required credits. These signed forms confirm that 7.3 acres of non -riparian wetland credits have been purchased by Fender County Schools as required by the IP and 401 WQC. Please let me know if you have any questions. Thanks! Kim Kim Williams I Envir�rn.~~,eWad'Ln.��W ' Land Management Group, Inc I EnviranrnentEansu=ltEnts ,. i 00 0 16 1908 Cc : 910 7 1,S03! F x: 9 10, ..r 006 3805 \'V,:gL \:IIC AVe,, Si) '2�E� .il r;''�:0"1, C:C. "18Z!'O3 w kwilliams@lmgroup.net www.lmgroup.net 1 Permittee: Pen6erCounty Schools Project Name: Surf City K-8School, Surf City NC DWR No. 16-0191S County: Pender By wayof this form, the Sponsorof the NortheastCape Fear Umbrella Mitigation Banks (NECFUMB) 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 IRequiring * 8-cligit HUC and Basin: 03030001, White Oak River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non.-Riverine Non -Riparian Coastal I T206 *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 andWhite Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 1 7.206 Statement of Mitigation Liability Acceptance: |' the undersigned' verify that | am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and | certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the NC DVVR Project Number shown. | also verify that released credits (and/o/ advance credits for MCDN1S), as approved by the N[ DVVR, are currently available a, the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the NC DWR may pursue rneasures against the Sponsor to ensure compliance associated with the mitigation requirements. ~_ DateofSignature: ._ Page I of 2 ~ Once this document has been signed by the Mitigation Sponsor and NC DVVR 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 N[ DVVR is in receipt of copy of this document signed by the Sponsor', confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. ~ if changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the N[ DVxR' the Sponsor must obtain case-by-case approval from the NC DVVR Project Manager and/or North Carolina Interagency Review Team (NORT). Page 2 of 2 U.S. ARMY CORPS OF ENGINEERS Wilr-nington District C1,U,*.e15,3tQrX Mili ation Responsib ffity �J - ftansfer Form Permittee: Pender County Schools Action ID: SAW 2016 0050J Project Name. Surf City K 8 School/Rudolph Moore Properties LLC tract/IP County- render Instructions to Permittee- 'aw Permittee Must provide a copy of this form to the Litigation 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 forot, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of engineers {USAGE) Project Manager identified on page two is in receipt of a signed copy of this forar 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 ii' the impacts and/or the mitigation will occur in more than one 8 -digit Hydro'clgic Unit Code (FiUC), rnultiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HLJC 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 PetrnitLee. 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 tile Permittee, the USAGE Project Manager, and the Wilmington District Mitigation Office (see contact information or) page 2), The Sporisor Must also comply with all reporting requirements established in their authorizing Insb` Liment. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8 -digit NUC and Basin: 03030001, White Oak River Basin Stream impacts (linear feet) I Wetland Impacts (ac Warn-) I cool I Cold I Riparian RiverIne I Riparian Non-Riverine I Non -Riparian I Coastal - __ I -- ------------------ f_. - - *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-c1igit_NUC .and _.Basiw 03030001, White Oak River Basin Stream Mitigation (credits} Wetland Mitigation (credits} Waral cool -0 -I-- I Id Riparian Riverine , Riparian Non-Rivprine I Non llipari,-in Coastal i 4 58 Mitigation Site Debited: Northeast Cape Fear Umbrella Mitigation Bank (List the name of the bank to be debited, For umbrella banks, also list the specific site, For NCOMS, list VDIVIS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Statement of Mitigation Liability Acceptance: 1, 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 NCI)MS), as approved by the 0SACE., are currently available at the mitigation site identified above. rurther, 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 associatS,�&wjth the mitigation requirement:..__, of Sponsor's Authorized Representa Signature of Sponsor's Authorized Representative 09=21= Page, 1 of 2 Form Updated 12 September, 2014 USACE Wilmington District ilitv Tra-il F*rm. Page 2 Conditions for'l-ransfer of Compensatory Mitigation Credit: • Once. this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the sign(-(] form, the Pefrflitte.e is no Ionger responsible for providing the mitigation identified in this forn), though the Permittee remains responsible for any other mitigation requirernents 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 1JSACF 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 Transpoitatio?i (NCDOT), construction within jurisdictional areas may proceed upon octi-nit issuance; however, a copy of this fours 5,i,-ripd by the. Sponsor must be provided to the USAGE within 30 days of permit issuance. NCDOT remains fully responsible for the rnitigation Until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements fisted herein. • Signed copies of this document must be retained by the Permittee, MiUlgation Sponsor, and in the USACE ndrnlnistrative records for both the permit and the Bank/ILF Instrument. It is the Pernnittee'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, arriount, 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 Tearn (NCIRT), If approved, higher rriitigation 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/lLF InstrUrnent, Comments/Additional Conditions: The permittee, prior to initiating airy land-disitirbing activities, shall provide 4.58 credits of' rutitigatiOn, via payment into the Northeast Cape Fear Umbrella Mitigation Bank for project related impacts to 2.29 acres of non -riparian wetlands. Prior to initiating any land-distnrbing activities, ar copy of the updated acceptance letter and proof of payment provided by the Northeast Cape Fear, t.-Jrnbrella Mitigation Bank shall be sent to the Corps ofEngincers. Additionally, the permittee has propose(] to mitigate impacts to 4.96 acres of non -riparian wetland by preserving approximately 0.683 acres of the remaining onsite wetlands (See attached Wetland Irnpact Map dated 24 February 2016, Revised I 'November 2016). °f`i're permittee shall execute and cause to be recorded in the Pender County Register of'Deeds the attached Conservation Declaration for the purpose of maintaining approximately 49.683 acres of onsite jurisdictional wetlands as conservation areas, in their natural and/or mitigated state in perpetriity. This declaration must lie recorded within 45 days ofissriance of thris permit and prior to the stile or conveyance of the property. Upon recordation of the Declaration, the permittee inust also record at the fender County Register of'Deeds, a final survey map of the propeay, which clearly depicts the location of the conservation areas. Excluding the approved and required wetland restoration activities, no person or entity shall fill, grade, excavate, or perforryt any other land -disturbing activities, nor construct any StrUctures, nor allow animal grazing or watering or any other agricultural use on such Conservation areas, The permittee shall enforce the ternis oftheDeclaration and shall take no action on (lie property described in the Declaration inconsistent with the teril thereof. 'The pert-ruttee shall provide a copy ot'the recorded Declaration and recorded Survey to the Corps of Engineers within 15 days of recording. Page 2 of 2 rhe Wilmington D'stric-t iscorni-nitted ter provIditipthe big est level ofipport to the ruubki To help us ensure we continue wdosct, please complete airs (AMo,ner SaiVaction Survqlou-rod it ourvVebsite r0C0!Vr)!P!0 ?Nl WeVeyonline. U.S. ARMY CORPS OF ENGINEERS Wilmington District 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 tin updated bank ledger to: 1) the Permittee, 2) the IJSACE Prolect Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, .11405 Falls of Neuse Road, Wake Forest, AIC27587(emait: todd. tugwell(q)usoce. army. mil). Questions regarding this farm or any of the permit conditions may be directed to the USACE Project Manager below, USACE Project Manager- Emily Greer OSACE Field Office: Wilmington Regulatory Field office US Array Corps of Engineers 69 Darlington Avenue WilffflngLon, NC 28403 Email: emlly,c,ireci,@usace.army,t-niI USACE PrOpc 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 avallable at httoWribitS.L1 a C.glIny.rnil. . LS Page 1 of 2 Form Updated 12 September, 2.014