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HomeMy WebLinkAbout20161251 Ver 2_Mitigation Information_20170524 Compensatory Mitigation Responsibility Transfer Form Permittee: Khightdale Development Ownership,.LLC,Joseph•R.Scuderi,Manager Action ID:2015-02412 Project.Name:Parkstone 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),'whowill thensign 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(USAGE).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 USAGE 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 Mitigations 8-digit HUC and Basin:03020201,Neuse River Basin Stream impacts(linear feet). Wetland Impacts(acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 299 -------- --- ,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:03020201,Neuse.River Basin Stream Mitigation(credits) Wetland Mitigation(credits) Warm Cool Cold Riparian Riverine. Riparian Non-Riverine .Non-Riparian ' Coastal 242 Mitigation Site Debited:EBX-Neuse sponsored Bank:Neu-Con Wetland&Stream Umbrella Mitigation Bank-Selma Mill 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 's 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 themitigation identified In this document(see thetable above),associated with the USACE Permittee and Action ID number shown. I also verify that released credits(andjor 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 USAGE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with thehmitigation requirements. / , Mitigation Sponsor Name: 1AT`( r .W,IP .�,i,f lit( ;v ,til-CG''1 AYY1kf E(4 Lni Name of Sp sor's Authorized Representative: at Pike- e„.„ "'- y( ti111 l Signature of Sponsor's Authorised Representative Date of Signature • E . 5' Conditions for Transfer of Compensatory Mitigation.Credit: o Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt ofthe signed form, the Permitteeis nolonger responsible for providing the.mitigation Identifiedin 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 USAGE is in receipt,of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigationrequirements fisted 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 mustbe 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. o Signed copies of this document must be retained by the Permittee,.Mitigation Sponsor,and in the:USACEadministrative records for both the permitand the 8ank/ILF Instrument. Itis 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 learn(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 Sank/ILF Instrument. Comments/Additional Conditions:A letter from Resource Environmental Solutions,LLC,confirming they are willing and able toaccept the applicant's compensatory mitigation responsibility,dated 12/6/2016 was included with the pre- construction notification. Impact to S1 are 185 If at 1:1 ratio and Impacts to 52114if at 0.5 to 1 ratio. Total mitigation. requirements are 242 stream.credits., 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,d)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,NC 27587(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 Manages Tasha Alexander USACE Field Office: Raleigh Regulatory Office US Army Corps of Engineers 3331 HeirtageTade Drive,Suite 105 Wake Forest,North Carolina 27587 Emai� tasha.l.alexander@usace.army.mil CI • � A rl Ji!..` zllfizov re ;ACE Proje' :a:-rSignature Date of Signature Curre WI! ington District mitigation guidance,Including Information an mitigation ratios,functional assessments,and mitigation bank location and'availabiilty,and credit classifications(including stream temperature and wetland groupings)is available at http://ribits.usacearmy.mil or s MITIGATION CREDIT TRANSFER CERTIFICATE NEU-CON WETLAND AND STREAM UMBRELLA BANK TO: NORTH CAROLINA INTERAGENCY REVIEW TEAM The undersigned, EBX-Neuse I, LLC the Sponsor of the Neu-Con Wetland and Stream Umbrella Mitigation Bank(Selma Mill Site)hereby certifies the following: 1. The Knightdale Development Ownership, LLC has deposited monies with the Sponsor sufficient to acquire 242.00 Stream Mitigation Credits from the Bank for use on its Parkstone project(USACE Action ID SAW-2015-02412),in Knightdale, NC, in HUC 03020201 of the Neuse River Watershed. 2. The Parkstone project requires a total of 242.00 Stream Mitigation Credits as mitigation. Of this amount 242.00 Stream Mitigation Credits are being provided by the Selma Mill Site in the Neu-Con Umbrella Bank. 3. The Sponsor has deducted 242.00 Stream Mitigation Credits from the Bank's credit ledger in HUC 03020201 of the Neuse River Watershed. A copy of the Bank's Credit ledgers reflecting the above transaction are attached to this Certificate. EBX-Neuse I,LLC By: Cara S. Conder,Authorized Agent Date: 04/26/17 Copies(electronic): Andrea Hughes,US Army Corps of Engineers Kimberly Browning,US Army Corps of Engineers Jason Hartshorn,Kimley-Horn ry _. ,,.__ _ NEU-CON UMBRELLA WETLAND AND STREAM MITIGATION BANK _ ._..___ .._.,c_.,_ - _. _ _ _,..,...._ iii.__.. ,...... SELMA MILL STREAM CREDIT LEDGER(HUC 03020201) _ ,. ._.: .__,. As ofApril 26.2017 a - Transaction Credits Released Credits Debited Current Credits Number To Bank From Bank Credit Balance Reserved Purchaser Project Permit Number Closing Date HUC 1 1,095.75 1,095.75 - Credits Released:Task 1 10/18/16 2 510.0 Hanson Aggregates Southeast,LLC Hanson Crabtree Duany Phase U SAW-2014-01246 12/30116 03020201 3 334.0 CalAtantc Homes Englehard[Subdivision SAW-2015-02503 218117 03020201 4 242.0 Knightdale Development Ovmership Company,LLC Parkstone SAW-201502412 4(26/11 03020201 Total 1,09575 1,086.0 975 0.0