NIH Dam Inlet and Outlet Repair DMS receipt_combined

RECEIPT
October 25, 2024
Thomas D'Amico CMC Building Inc. 2140 Page Road Suite 103 Durham, NC 27703 Project: NIH Dam Inlet and Outlet Repair County: Durham 401 permit#: 2024-0314 404 permit#: 2023-01325 DMS ID#: MR-08727 TOTAL Paid: $68,693.58 PayPoint Transaction Number: 763829615 and 773374505 Note: $34,346.79 was paid 8/26/2024 and $34,346.79 on 10/25/2024
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 Cape Fear 03030002 Riparian Wetland 0.894

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 [e-mail].
Sincerely,

Kelly Williams ILF Program Coordinator cc: Todd Tugwell, USACE - Raleigh; Julia Tillery, USACE Sheri Montalvo, NCDWR John Farrell, agent
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
July 30, 2024
Permittee: United States of America - NIH and Cameron
Thompson & CMC Building, Inc. and Thomas
D’Amico
DWR Project # 20240314
Project Name: Repair NIH Inlets and Outlets –
111 TW Alexander Drive
County: Durham
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. WQC007051 issued to
United States of America - NIH and Cameron Thompson and CMC Building, Inc. and Thomas D’Amico,
dated July 30, 2024, as provided in the table below.
Compensatory Mitigation River and 8-digit HUC Number
Non-Riparian Wetland* 0.447 acres (credits) Cape Fear River Basin
03030002
* DMS Agreed to provide RIPARIAN WETLAND CREDIT. 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): _______________________________________________________
Signature: ___________________________________________ Date: ________________________
Docusign Envelope ID: 2E581957-0EC0-4E76-9931-DA4482F28E05
Kelly Williams for NCDMS
25 October 2024
US Army Corps of Engineers – Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Permittee: Thomas D’Amico and Mr. Thompson Action ID: SAW-2023-01325
Project Name: NIH Discovery Lake and Dam Restoration Project 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: Cape Fear 03030002
Stream Impacts (linear feet) Wetland Impacts (acres)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
*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: Cape Fear 03030002Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
Mitigation Site Debited: NCDEQ Division of Mitigation Services (DMS)
(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:
Name of Sponsor’s Authorized Representative:
Signature of Sponsor’s Authorized Representative Date of Signature
0.447
0.894
NCDMS
Kelly Williams
25 October 2024
USACE Wilmington District – MRTF 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:
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 [e-mail]).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: Julia Tillery
USACE Field Office: Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive
Wake Forest
Email: [e-mail]
August 12, 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.mil.