20221447 Ver 1_Approval Letter_20230224

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
February 24, 2023
DWR # 20221447
Wake County
RXR Len Apex Owner LLC
Attn: Mr. Todd Rechler
625 RXR Plaza
Uniondale NY 11553
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Veridea Development
USACE Action ID. No. SAW2010-01907
Dear Mr. Rechler:
Attached hereto is a copy of Certification No. WQC005681 issued to Mr. Todd Rechler and RXR Len Apex
Owner LLC, dated February 24, 2023. This approval is for the purpose and design described in your
application. The plans and specifications for this project are incorporated by reference as part of this
Water Quality Certification. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is sold, the new
owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
GDEQ�
NORTH CAROLINA
Nwir m d of Emkonmentl Ooalfty
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
RXR Len Apex Owner LLC
DWR# 20221447
Individual Certification #WQC005681
Page 2 of 21
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the
time the permittee becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Sue Homewood at 336-813-1863 or [e-mail] if you have any
questions or concerns.
D_E
NORTH CAROLNA ��`��`
Oapar4nanl M E Mn nmunGl Oual
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
Electronic cc:
RXR Len Apex Owner LLC
DWR# 20221447
Individual Certification #WQC005681
Page 3 of 21
Sincerely,
DocuSigned by:
A43C72700BD543E...
Katie Merritt, Acting Supervisor
401 & Buffer Permitting Branch
Deborah Shirley, S&EC
Lyle Phillips, USACE Raleigh Regulatory Field Office
Gabriela Garrison, NCWRC
Todd Bowers, EPA
Robert Patterson, Town of Apex
DWR RRO
DWR 401 & Buffer Permitting Branch Electronic file
D_E
NORTH CAROLNA ��`��`
Oapar4nanl M E Mn nmunGl Oual
Filename: 20221447 Veridea-Wake-401-IC.docx
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
RXR Len Apex Owner LLC
DWR# 20221447
Individual Certification #WQC005681
Page 4 of 21
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005681 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Mr. Todd Rechler and RXR Len Apex Owner LLC, who have authorization for
the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on October 18, 2022 and subsequent information on January 31, 2023 and February
23, 2023, and by Public Notice issued by the U. S. Army Corps of Engineers on October 31, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
West Village
Type of Impact
Amount Approved
Permanent
Amount Approved
Temporary
Mitigation Amount
Required
Perennial Streams
Area 1.2A — Lot
Development Fill
103 linear feet
0 linear feet
103 credits
Area 1.2B — Road
crossing
37 linear feet
0 linear feet
37 credits
Area 1.15 — Road
crossing
39 linear feet
13 linear feet (no loss)
12 linear feet
39 credits
Area 1.16 — Road
crossing
114 linear feet
19 linear feet (no loss)
12 linear feet
114 credits
Area 1.19 — Road
crossing
109 linear feet
20 linear feet (no loss)
25 linear feet
109 credits
Area 1.20 - Utility
0 linear feet
39 linear feet
0 credits
Area 1.23 - Utility
0 linear feet
39 linear feet
0 credits
Total
454 linear feet
127 linear feet
402 credits
Intermittent Streams
Area 1.5 - Road Fill
36 linear feet
12 linear feet (no loss)
14 linear feet
0 credits
Area 1.8 - Road Fill
48 linear feet
26 linear feet (no loss)
23 linear feet
0 credits
Area 1.10 - Road Fill
101 linear feet
11 linear feet (no loss)
20 linear feet
0 credits
Area 1.14 — Road
crossing
77 linear feet
12 linear feet (no loss)
21 linear feet
0 credits
Area 1.18 — Road
crossing
40 linear feet
20 linear feet (no loss)
15 linear feet
0 credits
NORTH CAROLINA ��`1
Ueprhnnnl of BMrunMnnfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
RXR Len Apex Owner LLC
DWR# 20221447
Individual Certification #WQC005681
Page 5 of 21
Total
383 linear feet
93 linear feet
0 credits
Riparian Wetlands
Area 1.1- Road Fill
0.07 acres
0 acres
0.07 credits
Area 1.2A - Lot
Development Fill
0.05 acres
0 acres
0.05 credits
Area 1.4 - Lot
Development Fill
0.04 acres
0 acres
0.04 credits
Area 1.5 - Road Fill
0.01 acres
0 acres
0.01 credits
Area 1.10 - Road Fill
0.03 acres
0 acres
0.03 credits
Area 1.11A - Road Fill
0.03 acres
0.004 acres
0.03 credits
Area 1.11B - Road Fill
0.01 acres
0.01 acres
0.01 credits
Area 1.16 - Road
crossing
0.07 acres
0.01 acres
0.07 credits
Area 1.17 - Road
crossing
0.04 acres
0.01 acres
0.04 credits
Total
0.35 acres
0.034 acres
0.35 credits
Open Waters
Area 1.3 - Lot
Development Fill
0.82 acres
0 acres
0 credits
Area 1.4 - Lot
Development Fill
0.02 acres
0 acres
0 credits
Area 1.12 - Lot
Development Fill
2.48 acres
0 acres
0 credits
Total
3.32 acres
0 acres
0 credits
East Village
Type of Impact
Amount Approved
Permanent
Amount Approved
Temporary
Mitigation Amount
Required
Perennial Streams
Area 2.1B - Road Fill
92 linear feet
49 linear feet (no loss)
47 linear feet
92 credits
Area 2.2A - Road Fill
173 linear feet
26 linear feet (no loss)
21 linear feet
173 credits
Area 2.2C - Lot
Development Fill
81 linear feet
0 linear feet
81 credits
Area 2.5 - Road Fill
90 linear feet
31 linear feet (no loss)
15 linear feet
90 credits
Area 2.6 - Utility
0 linear feet
40 linear feet
0 credits
Area 2.8 - Utility
0 linear feet
39 linear feet
0 credits
Area 2.9 - Road Fill
132 linear feet
48 linear feet (no loss)
18 linear feet
132 credits
Area 2.10 - Road Fill
134 linear feet
45 linear feet (no loss)
19 linear feet
134 credits
Area 2.11 - Utility
0 linear feet
34 linear feet
0 credits
Area 2.12 - Utility
0 linear feet
34 linear feet
0 credits
NORTH CAROLINP. ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
RXR Len Apex Owner LLC
DWR# 20221447
Individual Certification #WQC005681
Page 6 of 21
Total
901 linear feet
267 linear feet
702 credits
Intermittent Streams
Area 2.1A-3 - Utility
0 linear feet
9 linear feet
0 credits
Area 2.4 — Road Fill
179 linear feet
43 linear feet (no loss)
17 linear feet
0 credits
Area 2.7 - Utility
0 linear feet
34 linear feet
0 credits
Area 2.13 - Utility
0 linear feet
39 linear feet
0 credits
Area 2.14 - Utility
100 linear feet
0 linear feet
0 credits
Area 2.16 — Lot
Development Fill
207 linear feet
0 linear feet
0 credits
Area 2.17 — Road Fill
250 linear feet
30 linear feet (no loss)
17 linear feet
0 credits
Area 2.19A — Road Fill
149 linear feet
30 linear feet (no loss)
14 linear feet
0 credits
Area 2.19B — Utility
131 linear feet
23 linear feet (no loss)
10 linear feet
0 credits
Area 2.19C — Road Fill
0 linear feet
45 linear feet
0 credits
Area 2.21A — Road Fill
168 linear feet
0 linear feet
0 credits
Area 2.21B - Utility
0 linear feet
32 linear feet
0 credits
Area 2.22 — Road Fill
365 linear feet
20 linear feet (no loss)
9 linear feet
0 credits
Area 2.23 - Utility
0 linear feet
35 linear feet
0 credits
Area 2.24 — Road Fill
60 linear feet
0 linear feet
0 credits
Total
1755 linear feet
261 linear feet
0 credits
Riparian Wetlands
Area 2.1A-1 — Utility
0.01 acres (no loss)
0 acres
0 credits
Area 2.1A-2 — Utility
0.01 acres (no loss)
0 acres
0 credits
Area 2.2B — Utility
0.01 acres (no loss)
0 acres
0 credits
Total
0.03 acres
0 acres
0 credits
South Village & Off -Site
Type of Impact
Amount Approved
Permanent
Amount Approved
Temporary
Mitigation Amount
Required
Perennial Streams
Area 3.1 — Road Fill
45 linear feet
19 linear feet (no loss)
12 linear feet
45 credits
Area 3.3 — Road Fill
76 linear feet
26 linear feet (no loss)
23 linear feet
76 credits
Total
166 linear feet
35 linear feet
121 credits
Intermittent Streams
Area 3.5 — Road Fill
37 linear feet
17 linear feet (no loss)
9 linear feet
0 credits
Area 3.6 — Road Fill
32 linear feet
17 linear feet (no loss)
20 linear feet
0 credits
Total
103 linear feet
29 linear feet
0 credits
LD_E
NORTH CAROLINA ��`��`
OBpaAmBnl M E Mn nmunGl Oual
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
RXR Len Apex Owner LLC
DWR# 20221447
Individual Certification #WQC005681
Page 7 of 21
Riparian Wetlands
Area 4.2 - Utility
0.01 acres (no loss)
0 acres
0 credits
Total
0.01 acres
0 acres
0 credits
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Mitigation must be provided for the proposed impacts as specified in the tables below. The
attached Compensatory Mitigation Responsibility Transfer Forms (Form) shall be completed and
provided to the Division prior to any impacts occurring within each Phase as specified in the
Mitigation Timeline submitted to the Division on January 31, 2023. lithe Mitigation Timeline or
the Mitigation Providers specified on the attached Form(s) for the proposed impacts changes
after issuance of this Certificate, then the Permittee shall request approval of a revised
Mitigation Timeline and/or revised Compensatory Mitigation Responsibility Acceptance Forms
from the Division prior to conducting any impacts.
Compensatory Mitigation Required
River and Sub -basin Number
Wetland
0.35 acres (credits)
Cape Fear
03030004
Stream
1,225 linear feet (credits)
Cape Fear
03030004
Citation: 15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the project must provide for replacement of
existing uses through compensatory mitigation.
2. The Permittee shall ensure that all culvert designs and future redesigns comply with Condition
#13 below.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
3. Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and certification. The applicant will also
be required to evaluate all acquired permits to assure that they are consistent, and all relative
impacts are accounted for and shown on the construction plans. Any additional impacts to
streams and/or wetlands as a result of future roads, buildings, driveways, utility lines or other
development related activities within the Veridea Development may be considered cumulative
NORTH CAROLINP. ��`1
Ueprhnnnl of BMrunMnnfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
RXR Len Apex Owner LLC
DWR# 20221447
Individual Certification #WQC005681
Page 8 of 21
to impacts approved in this Certification and may require a modification of this 401 Water
Quality Certification approval.
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
4. All wetlands, streams, and surface waters located within 50 feet of the construction area on the
project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities and must be maintained on the property until the project phase is completed.
Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
5. Any additional impacts to streams and/or wetlands as a result of future roads, buildings,
driveways, utility lines or other development related activities within the Ammons Development
may be considered cumulative to impacts approved in this Certification and may require a
modification of this 401 Water Quality Certification approval.
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
6. The Permittee shall secure an approved stormwater management plan (SMP) from the Town of
Apex before any impacts authorized in this certification occur. The applicable portion of the
approved SMP shall be constructed and operational before any permanent building or other
permanent structure is occupied at the site. If any of the SCMs are used as an Erosion and
Sediment Control device, it must be restored to the approved stormwater design condition
within 30 days of close-out of the Erosion and Sediment Control Plan.
The Permittee shall ensure that all final construction plans for the development comply with the
commitments ensure that downstream hydrology is provided to all jurisdictional features within
the project limits made within the 401 application and supplemental documents. If any
additional direct, or indirect, stream, wetland, or open water impacts result from final SMP
design and/or review or approval then Permittee shall submit an application to modify the 401
certification to account for the additional impacts. Any such impact will be considered
NORTH CAROLINP. ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
cumulative to the project.
RXR Len Apex Owner LLC
DWR# 20221447
Individual Certification #WQC005681
Page 9 of 21
Citation: 15A NCAC 02H .0506(b)(2) and (3); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
7. If this Water Quality Certification is used to access residential, commercial or industrial building
sites, then all parcels owned by the permittee that are part of the single and complete project
authorized by this Certification must be buildable without additional impacts to streams or
wetlands.
Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards or
would result in secondary or cumulative impacts.
8. Upon completion of a geotechnical report for force main crossing locations, the Permittee will
modify the design plans to require directional drill methodology be used to install the force main
below the stream bed in all locations where rock does not inhibit the ability to do so. The
Permittee will provide the geotechnical report and updated plans to the Division indicating which
crossing locations will be installed via directional drill and which locations will be installed via
"open cut" as approved in the Impact Table above.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure that
conditions of waters be suitable for all best uses provided for in state rule (including, at minimum:
aquatic life propagation, survival, and maintenance of biological integrity; wildlife: secondary
contact recreation: agriculture); and that activities must not cause water pollution that precludes
any best use on a short-term or long-term basis.
9. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC
Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design Criteria.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure that
conditions of waters be suitable for all best uses provided for in state rule (including, at
minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife:
secondary contact recreation: agriculture); and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis.
NORTH CAROLINP. ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
RXR Len Apex Owner LLC
DWR# 20221447
Individual Certification #WQC005681
Page 10 of 21
10. Any utility construction corridor that is parallel to a stream or open water shall not be closer than
10 feet to the top of bank or ordinary high-water mark.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
11. Where there are temporary or permanent impacts from stream crossings, utility lines shall cross
the stream channel at a near -perpendicular direction (i.e., between 75 degrees and 105 degrees to
the stream bank).
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
12. Construction corridors in wetlands and/or across stream channels shall be minimized to the
maximum extent practicable and shall not exceed 40 feet wide for utility lines.
For construction corridors in wetlands and across stream channels, stumps shall be grubbed
only as needed to install the utility and remaining stumps shall be cut off at grade level. The
general stripping of topsoil within wetlands along the construction corridor is prohibited.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
13. Permanent maintained access corridors in wetlands and across stream channels shall be restricted
to the minimum width practicable and shall not exceed 30 feet wide except at manhole locations.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
NORTH CAROLINP. ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
RXR Len Apex Owner LLC
DWR# 20221447
Individual Certification #WQC005681
Page 11 of 21
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
14. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the
downstream (utility line gradient) wetland boundary and every 150 feet up the gradient until the
utility exits the wetland. Anti -seep collars may be constructed with class B concrete, compacted
clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular
wetland crossings that are open cut and less than 150 feet long do not require anti -seep collars.
The compacted clay shall have a specific infiltration of 1 X 10-5 cm/sec or less. A section and plan
view diagram is attached for the anti -seep collars.
The following specifications shall apply to class B concrete:
i. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
ii. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
iii. Maximum water -cement ratio gallons per sack 6.8
iv. Slump range 2" to 4"
v. Minimum strength - 28-day psi 2,500
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
15. The permittee shall have a specific plan for restoring wetland contours to pre -construction
conditions. Any excess material will be removed to a high ground disposal area.
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized
to the greatest extent practical. During excavation, the soils shall be placed on fabric to
minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled
separately from subsoils and will be backfilled into the trench only after the subsoils have been
placed and compacted.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate lithe activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards or
would result in secondary or cumulative impacts.
16. The permittee shall report to the DWR Raleigh Regional Office any noncompliance with, and/or
any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or
the next business day if a weekend or holiday) from the time the permittee became aware of the
NORTH CAROLINP. ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
RXR Len Apex Owner LLC
DWR# 20221447
Individual Certification #WQC005681
Page 12 of 21
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
17. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
18. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality
impairments and further protect existing uses.
19. All construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability
of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best
Management Practices for the control of sediment and erosion so that no violations of state
water quality standards, statutes, or rules occur.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
NORTH CAROLINP. ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
RXR Len Apex Owner LLC
DWR# 20221447
Individual Certification #WQC005681
Page 13 of 21
20. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
21. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
22. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
NORTH CAROLINP. ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
RXR Len Apex Owner LLC
DWR# 20221447
Individual Certification #WQC005681
Page 14 of 21
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
23. All work in or adjacent to streams shall be conducted so that the flowing stream does not come
in contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual, or the NC Department of
Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased.
24. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
NORTH CAROLINP. ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
RXR Len Apex Owner LLC
DWR# 20221447
Individual Certification #WQC005681
Page 15 of 21
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow
passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert.
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may result in destabilization of streams or
wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
25. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 026 .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
NORTH CAROLINP. ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
RXR Len Apex Owner LLC
DWR# 20221447
Individual Certification #WQC005681
Page 16 of 21
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
26. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 026.0200; 15A NCAC 028 .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
27. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any
remaining surface waters or wetlands, and any surface waters or wetlands downstream,
continue to support existing uses after project completion.
28. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or
the North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use
of this Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
NORTH CAROLINP. ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
RXR Len Apex Owner LLC
DWR# 20221447
Individual Certification #WQC005681
Page 17 of 21
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
29. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
30. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0201
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
31. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
NORTH CAROLINP. ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
RXR Len Apex Owner LLC
DWR# 20221447
Individual Certification #WQC005681
Page 18 of 21
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
32. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
33. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
34. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
NORTH CAROLINP. ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
RXR Len Apex Owner LLC
DWR# 20221447
Individual Certification #WQC005681
Page 19 of 21
35. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
D_E
NORTH CAROLNA ��`��`
Oapar4nanl M E Mn nmunGl Oual
This, the 24th day of February 2023
EDocuSigned by:
tet•kii, `yam
A43C72700BD543E...
Katie Merritt, Acting Supervisor
401 & Buffer Permitting Branch
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
February 24, 2023
Permittee: RXR Len Apex Owner LLC DWR Project # 20221447
Project Name: Veridea Development
County: Wake
The Division has received a Statement of Availability (SOA) from Wildlands Holdings IV, LLC for the
Daniels Creek Mitigation Site (Mitigation Provider) to partially satisfy the mitigation requirements set
forth in 401 Individual Certification No. WQC005681 issued to RXR Len Apex Owner LLC, dated February
24, 2023, as provided in the table below.
Compensatory Mitigation
River and 8-digit HUC Number
Perennial Stream
637 linear feet (credits)
Cape Fear / 03030004
The Permittee must provide a copy of this form to the Mitigation Provider specified above who will then
sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once the
Mitigation Provider 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 Mitigation Provider verifies that the mitigation requirements (credits) shown above, have been
released and are available at the identified bank site(s). By signing below, the Mitigation Provider 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:
GDE
NORTH CAROLINA
Nwir m d of Emkonmentl Ooa;Ns.4000..."
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 44F1 F1 D2-91 FB-4F83-9FF1-9979F52D4E94
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
February 24, 2023
Permittee: RXR Len Apex Owner LLC DWR Project # 20221447
Project Name: Veridea Development
County: Wake
The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to
partially satisfy the mitigation requirements set forth in 401 Individual Certification No. Certification No.
WQC005681 issued to RXR Len Apex Owner LLC, dated February 24, 2023, as provided in the table
below.
Compensatory Mitigation
River and 8-digit HUC Number
Riparian Wetland
0.35 acres (credits)
Cape Fear / 03030004
Perennial Stream
588 linear feet (credits)
Cape Fear / 03030004
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, 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:
GDE
NORTH C OLI JA '
omm mr� ep..of o�.i
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000