20200473 Ver 3_Mitigation Bank Instrument Mod_20230111

Baker, Caroline D
From: Jennifer Burdette <[e-mail]>
Sent: Wednesday, January 11, 2023 1:55 PM
To: Norton, April R CIV USARMY CESAW (USA); Thomas, Zachary T
Subject: [External] Green Level Mixed Use Destination Center Mitigation Revision
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Hi April & Zach,
The mitigation bank no longer has the wetland credits required. Would you please revise the 401 mitigation condition
and MRTF for the wetland mitigation to reflect the attached DMS acceptance?
Jennifer
Jennifer Burdette
Natural Resource Consultants
New Address:
308 W Millbrook Rd, Ste D #200, Raleigh, NC 27609
burdette(@nrconsultnc.com — 919.422.3605
From: Williams, Kelly <[e-mail]>
Sent: Wednesday, January 11, 2023 1:44 PM
To: Jennifer Burdette <[e-mail]>
Subject: Green Level Mixed Use Destination Center Acceptance DMS.pdf
Jennifer,
Attached please find a response letter from the Division of Mitigation Services for the in -lieu fee mitigation request for
the above -referenced project.
Once DMS receives the permits associated with the project from the applicant/agent, we will generate an invoice based
on the mitigation amounts specified in the permits. This acceptance letter expires in six months. If an extension to this
acceptance letter is needed, please let me know prior to its expiration. We appreciate the opportunity to provide this
service to our customers. Don't hesitate to contact me if you have any questions. Information about DMS programs can
be found on the DMS Website.
Sincerely,
Kelly
Kelly Williams

In -Lieu Fee Program Coordinator
Division of Mitigation Services
Department of Environmental Quality
[e-mail]
US Postal Service Address:
1652 Mail Service Center
Raleigh, NC 27699-1652
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

January 11, 2023

Julie Somarriba
Duke University Health System,Inc.
324 Blackwell Street
Durham, NC 27701 Expiration of Acceptance: 7/11/2023

Project: Green Level Mixed Use Destination Center County: Wake

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 Permit/401 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 DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location
(8-digit HUC) Impact Type Impact Quantity
Cape Fear 03030002 Riparian Wetland 0.195

Upon receipt of payment, DMS will take responsibility for providing 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 [e-mail].
Sincerely,

FOR James. B Stanfill
Deputy Director
cc: Jennifer Burdette, agent