HomeMy WebLinkAbout20221128 Ver 2_Cover Letter and Attachments_20230831-0- WithersRavenel
.. Our People. Your Success.
August 31, 2023
NC -Division of Water Resources
401 & Buffer Permitting Unit
Ms. Stephanie Goss
1617 Mail Service Center
Raleigh, NC 27699
Re: Welcome Venture Park - Neuse River Buffer Authorization Modification
Durham, Durham County
DWR#: 20221128
WR Project #02211079.01
Dear Ms. Goss,
On behalf of the Welcome Group, we are requesting a modification of the previous Buffer
Authorization dated October 21, 2022. Proposed impacts include 4,123 sf of permanent buffer
impacts for construction of the proposed development (Zone 1: 755 sf; Zone 2: 3,368 sf) and
3,814 sf of temporary impacts (Zone 1: 2,281 sf; 1,533 sf). Phase 1 of the Welcome Venture Park
includes a temporary bridged crossing to provide access to the developable uplands, and
temporary impacts to connect sewer lines to existing infrastructure. The following table includes
impacts in this request:
Proposed Buffer Impact Table
Impact Specification
Type of Impact
Impact Area
Zone 1
Zone 2
SF
SF
Non-Perp Sewer Crossing
Permanent
-
1,280
Non-Perp Sewer Crossing
Permanent
-
1,394
SCM #1 Outfall
Permanent
479
348
Temporary Access Road
Temporary
2,281
1,533
SCM #2 Outfall
Permanent
276
346
Buffer Totals
3,036
4,901
The proposed Welcome Venture Park project site is ±160 acres in size and is comprised of four
parcels (PINS: 0844-01-10-2331, 0843-01-09-6498, 0833-02-99-6163, 0833-02-89-5258). The
site is located at 1507 Hamlin Road in Durham County (Lat: 36.055084°N;-78.862090°W).
The project is in the Neuse River basin and onsite waters drain to the Eno River. The Water Quality
Classification for the Eno River is: WS-IV; NSW and the Stream Index Number is: 27-2-(19.5). The
cataloging unit for the site is 030202010304.
Proposed Proiect
The overall purpose of the Welcome Venture Park is to provide flexible space to accommodate
industrial users that need office space, warehousing, and light manufacturing, particularly in the
initial phase of the project. The project will consist of approximately 1,300,000 square feet of light
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington
Welcome Venture Park - Buffer Authorization Modification .. Wi th ersRave n e l
Durham, Durham Co.
Our People. Your success.
industrial & flex space. The building spaces are designed for those needing 4,000-10,000 sf of
space. The target end users are those in the Life Sciences field. The site is located within the
Industrial Light and Residential zoning districts. Most of the site will be rezoned to Industrial Light
when the site is annexed into the City of Durham's corporate limits.
The location of the proposed project was chosen because it is located near Durham with close
access to 185 and RTP. Additionally, the site allows for access to existing utilities. Existing industrial
and commercial operations are operating in the immediate area.
The future Northern Durham Parkway - Phase 2 will be permitted separately. Welcome Venture
Park will be constructed in phases. Phase 1 is planned to be constructed immediately, with future
phases constructed after Northern Durham Parkway is completed.
Project History
WR completed a wetland delineation for the project area on 9/30/2021. WR submitted a
Preliminary Jurisdictional Determination Request to the USACE on 10/25/2021 (SAW-2021-
02316). USACE sent a concurrence email on 2/10/2022 confirming concurrence with the site
delineation which has been provided as an attachment.
NCDWR issued a Buffer Determination Letter (NBRRO #21-445) for the project dated 1/13/2022
which has also been provided as an attachment.
NCDWR issued a 401 WQC and a Neuse River Buffer Authorization on 10/21/2022 which have
been included as attachments.
On 11/17/2022, the USACE issued a 404 Permit for the Welcome Venture Park Project which
has been included as an attachment.
On 5/22/2023 WR emailed revised impact maps and tables to NCDWR because buffer impacts
had been reduced and a "Deemed Allowable" SCM outfall had been added.
Proposed Impacts
The proposed impacts are necessary for construction of a temporary perpendicular bridged
crossing, SCM outfalls, and sewer crossings. Modifications from the previous submittal include
changes to impacts for the temporary road crossing and the addition of SCM #2 outfall.
The proposed temporary bridged road crossing is necessary to access the developable uplands in
the northwestern portion of the site to source needed fill material for Phase 1. The road has been
designed to cross Stream 1 perpendicularly and will span the entire stream. The only impacts
associated with the bridged road crossing are temporary buffer impacts (Zone 1: 2,281 sf, Zone 2:
1,533 sf). The temporary road needs to be widened from that previously requested to
accommodate side by side truck traffic.
Impacts for two non -perpendicular sewer crossings will result in 2,674 sf of permanent Zone 2
impacts. The two non -perpendicular sewer crossings are only impacting Zone 2 and therefore are
considered "Deemed Allowable" under (11)(11) in the Neuse Buffer Rules and are being included
here for clarity.
Two SCM outfall impacts are proposed. The outfall for SCM 1 will result in 827 sf of permanent
buffer impacts (Zone 1: 479 sf; Zone 2: 348 sf). SCM 2 outfall will result in 622 sf of permanent
buffer impacts (Zone 1: 276 sf; Zone 2: 346 sf). The outfall for SCM 2 is a new impact and was not
included on previous submittals. The SCM outfalls meet (9)(a)(i) in the Neuse Buffer Rules and
Page 2 of 4
Welcome Venture Park - Buffer Authorization Modification :: W i th ersRave n e l
Durham, Durham Co.
Our People. Your Success_
therefore are deemed allowable impacts. The outfalls are included in the attached exhibits and
impact tables for reference.
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted
so that impacts to wetlands and "waters" could be minimized.
Buffer impacts have been minimized to only those necessary for a temporary bridge to access
developable uplands in the northwestern portion of the project, two sewer line impacts, and two
SCM outfalls. The overall site has been designed to avoid impacts to streams, wetlands, and buffers
to the greatest extent practicable.
The temporary bridged stream crossing has been designed to cross Stream 1 at a perpendicular
angle at a straight segment of stream channel. This crossing will span the entire stream channel
and no impacts to the stream will occur.
Upon completion of sewer line construction, impacts for the construction easement will be
restored to pre -construction conditions and grades, and temporarily stabilized with biodegradable
matting and seeded to provide temporary stabilization until natural regeneration of native
vegetation permanently stabilizes the area.
Construction techniques used to avoid or minimize impacts include installation of erosion &
sediment control devices prior to construction activities and construction access occurring in high
ground.
Stormwater Management Plan
The stormwater management plan for Welcome Venture development consists of seven
constructed stormwater wetland SCMs which provide a minimum of 30% nitrogen removal and
therefore diffuse flow is not required. The stormwater management plan will be reviewed and
approved by the City of Durham as the certified municipality.
Please feel free to call if you have questions or require additional information to complete your
review.
Sincerely,
WithersRavenel
Rick Trone
Environmental Scientist
Attachments:
Page 3 of 4
Welcome Venture Park - Buffer Authorization Modification
Durham, Durham Co.
• Agent Authorization Form
• Pre -Filing Meeting Documentation
• USGS Quads
• Durham County Soil Survey
• Aerial Exhibit
• Approved Wetland/Buffer Delineation Exhibit
• NC DWR Buffer Determination Letter
• NCDWR Buffer Authorization (10/21/2022)
• 401 WQC (10/21/2022)
• USACE 404 Permit (11/17/2022)
• Impact Exhibits
::WithersRavenel
Our People. Your Success.
Page 4 of 4
NO WithersRavenel
lip
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AGENT AUTHORIZATION
%kV WithersRavenel
NoOur People. Your Success.
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned contract purchaser, Welcome Group does hereby appoint WithersRavenel,
Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and
federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of
Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review
and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, streams,
riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental
permit applications/requests for the following properties located in Durham, NC:
• Durham Co. PIN: 0844-01-10-2331, ±47.99-acres, located at 1539 Hamlin Road.
• Durham Co. PIN: 0843-01-09-6498, ±66.21-acres, located at 1507 Hamlin Road.
• Durham Co. PIN: 0833-02-99-6163, ±38.72-acres, located at 1225 Hamlin Road.
• Durham Co. PIN: 0833-02-89-5258, ±7.81-acres, located at 1420 Old Oxford Road.
The Client does hereby authorize that said agent has the authority to do the following acts
on behalf of the owner:
(1) To submit appropriate requests/applications and the required
supplemental materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of
environmental review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or
termination by the Client.
Date:
Agent's Name, Address & Telephone: Signature of Client:
WithersRavenel, Inc. W�\c� (C eS
TGac)
115 MacKenan Drive
Cary NC 27511 (Signature)
Tel. (919)-469-3340 ��SG'
Mailing Ad ress /
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City State C Zip
Phone. J
Email:
115 MacKenan Drive I Cary, NC 27511
919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. C-0832
Asheville I Cary I Greensboro I Pittsboro I Raleigh I Wilmington
::WithersRavenel
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NCDWR BUFFER
DETERMINATION LETTER
DocuSign Envelope ID: 8E154E81-ABE8-4DF3-A29F-AF998954CB3A
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Eno Development Partners, LLC
751 West Fourth St.
Suite 310
Winston-Salem, NC 27101
NORTH CAROLINA
Environmental Quality
January 13, 2022
Subject: Buffer Determination Letter
NBRRO #21-445
Durham
Determination Type:
Buffer
Intermittent/Perennial
® Neuse (15A NCAC 213 .0714)
❑ Tar -Pamlico (15A NCAC 2B .0734)
® Intermittent/Perennial Determination (where local
buffer ordinances apply)
❑ Jordan (15A NCAC 2B .0267) (governmental
and/or interjurisdictional projects)
Project Name: Eno Venture Park
Address/Location: 1507 Hamlin Rd. Durham. NC 27704
Stream(s): UTs to Eno River
Determination Date: January 6, 2022 Staff: J. Chris Smith
�� North Carolina Department of Environmental Quality I Division of Water Resources
DE ERaleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
NORTH OAACLINA
D�h tofE,WWn ,t.1Qua1ftV 919.791.4200
DocuSign Envelope ID: 8E154E81-ABE8-4DF3-A29F-AF998954CB3A
Eno Venture Park
Durham
January 13, 2022
Page 2 of 3
Feature
E/I/P(i)
Not �z>
Subject
Subject
Start @
Stop @
Soil
Survey
USGS
Topo
Start 1 Int Al: DWR Flag (36.0540394,-78.8657496 )
I/P transition A2: DWR Flag (36.0539329,-78.864274)
Stop 1 A3: DWR Flag (36.0564968,-78.8615164)
A
UP
X
Start 2 A4: DWR Flag (36.0567614,-78.8612603)
X
X
Stop 2 A5: DWR Flag (36.0578008,-78.8605806)
Start 3 A6: DWR Flag (36.0591349,-78.8599480)
Stop 3: Off Site
B
I
X
Start B1: DWR Flag (36.0536763,-78.8644639)
X
Stop: Feature A
C
E
X
N/A
X
D
NP
X
N/A
X
E
E
X
N/A
X
F
E
X
N/A
X
G
E
X
N/A
X
H
E
X
N/A
X
I
P
X
Present Throughout
X
X
J
I
X
Start J1: DWR Flag (36.058734,-78.864145)
X
Stop J2: DWR Flag (36.0583569,-78.8606230)
K
I
X
Start Kl: DWR Flag (36.0580925,-78.8632253)
X
Stop Feature J
L
E
X
N/A
X
Start 1 M1: DWR Flag (36.05607905,-78.86960354)
M
I
X
Stop 1 M2: DWR Flag (36.0563079,-78.8693795)
X
Start 2 M3: DWR Flag (36.05678003,-78.86912223)
Stop 2:Offsite
Pond 1
N/A
X
Present, Not Subject
X
X
(1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable
(2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water
quality standards and permitting requirements.
Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey
of Durham County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale.
Each feature that is checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a
pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked
"Subject" have been located on the property and possess characteristics that qualify them to be subject to the buffer
rules. There may be other streams located on the property that are not depicted on the maps referenced above and
are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject
to all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B,
and may be considered jurisdictional according to the US Army Corps of Engineers.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski; DWR
— 401 & Buffer Permitting Unit, 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery
service (UPS, FedEx, etc.): Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street;
Raleigh, NC 27604.
OeparMen! of EnNranmenlal Qualll�
North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628
919.791.4200
DocuSign Envelope ID: 8E154E81-ABE8-4DF3-A29F-AF998954CB3A
Eno Venture Park
Durham
January 13, 2022
Page 3 of 3
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60)
days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact J. Chris Smith at (919) 791-4257.
Sincerely,
EDocuSigned by:
glin�w
CDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: RRO DWR File Copy
Laserfiche
Contact via e-mail at ariccikwithersravenel.com
houstongcommercialreal _ nc.com
OeparMen! of EnNranmenlal Qualll�
North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628
919.791.4200
DocuSign Envelope ID: 8E1 54E81 -ABE8-4DF3-A29F-AF998954CB3A
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Eno Venture Park
Durham
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-3501 Feature A
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-Approximate Site Boundary:C " and are provided for refer-
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(See Soils map for approximate start/stop points)
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DocuSign Envelope ID: 8E1 54E81 -ABE8-4DF3-A29F-AF998954CB3A
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:: Locations are approximate
and are provided for refer-
ence only ::
■■ WithersRavenel
lipOur People. Your Success.
NCDWR BUFFER
AUTHORIZATON
10/21/2022
DocuSign Envelope ID: 9BB43E7F-EF3A-484D-B8E6-5F5200FE588D
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
October 21, 2022
NORTH CAROLINA
Environmental Quality
DWR # 20221128
Durham County
Welcome Venture Park, LLC
Attn: Ted Kakambouras
5858 Westheimer Road, Suite 800
Houston, TX 77057
(via email takambouras(awelcomegroup.com)
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS
Welcome Venture Park
Dear Ted Kakambouras:
You have our approval for the impacts listed below for the purpose described in your application dated
August 18, 2022, received by the Division of Water Resources (Division) august 18, 2022, and with
payment received August 25, 2022. These impacts are covered by the Neuse River Buffer Rules and the
conditions listed below. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non -Discharge, and Water Supply Watershed regulations.
This Authorization shall expire when the corresponding 401 Water Quality Certification Approval
DWR#20221128 expires.
The following impacts are hereby approved, provided that all of the Conditions listed below, and all of
the conditions of the Neuse River Buffer Rules are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B Neuse .0611(b)(2)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers — Zone 1
B 1: Sewer Crossing — Non -Perpendicular
1,105 (square feet)
0 (square feet)
B2: Sewer Crossing — Non -Perpendicular
1,394 (square feet)
0 (square feet)
134: Temporary Access Road
0 (square feet
2,675 (square feet
Buffers — Zone 2
B1: Sewer Crossing — Non -Perpendicular
1,280 (square feet)
0 (square feet)
132: Sewer Crossing — Non -Perpendicular
13,101 (square feet)
0 (square feet)
133: Sewer Crossing — Perpendicular
2,173 (square feet)
0 (square feet)
134: Temporary Access Road
0 (square feet
2,584 (square feet
135: Construction Easement
0 (square feet
1,065 (square feet
D E Q ,�/ North Carolina Department of Environmental Quality I Division of Water Resources
v Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH C of Envi A a 919.791.4200
Deparlmem of Envlronmenml Duali�
DocuSign Envelope ID: 9BB43E7F-EF3A-484D-B8E6-5F5200FE588D
Welcome Venture Park
DWR# 20221128
Buffer Authorization Certificate
Page 2 of 3
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 Authorization Certificate. If you change your
project, you must notify the Division and you may be required to submit a new application package. If
the property is sold, the new owner must be given a copy of this Authorization Certificate and is
responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)]
If you are unable to comply with any of the conditions below, 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 the conditions of this
Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC
02B .0714]. Information shall be provided orally within 24 hours (or the next business day if a weekend
or holiday) from the time the applicant became aware of the circumstances.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the
presentation of proper credentials, the Division may inspect the property.
This Authorization Certificate 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 (919)
431-3000.
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
Authorization Certificate in accordance with N.C.G.S 15013-23(a).
This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does
it create any prescriptive right or any right of priority regarding any usage of water. This Authorization
Certificate 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 Authorization
Certificate to possess any prescriptive or other right of priority with respect to any other consumptive user
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.
D E Q �J North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH C of Envi A a 919.791.4200
Deparlmem of Envlronmenml Duali�
DocuSign Envelope ID: 9BB43E7F-EF3A-484D-B8E6-5F5200FE588D
Welcome Venture Park
DWR# 20221128
Buffer Authorization Certificate
Page 3 of 3
This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as described
in 15A NCAC 02B .0714. Please contact Colleen Cohn at 919-791-4258 or Colleen. Cohn&ncdenr.gov if
you have any questions or concerns.
Sincerely,
DocuSigned by:
BCDMD825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: DWR 401 & Buffer Permitting via Laserfiche
Rick Trone, Withers-Ravenel (via email)
D E Q �J North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH C of Envi A a 919.791.4200
Deparlmem of Envlronmenml Duali�
■■ WithersRavenel
lipOur People. Your Success.
NCDWR WQC
10/21/2022
DocuSign Envelope ID: 9BB43E7F-EF3A-484D-B8E6-5F5200FE588D
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR.
Director
October 21, 2022
NORTH CAROLINA
Environmental Quality
DWR # 20221128
Durham County
Welcome Venture Park, LLC
Attn: Ted Kakambouras
5858 Westheimer Road, Suite 800
Houston, TX 77057
(via email takambouras(&,welcomegroup.com)
Subject: Approval of Individual 401 Water Quality Certification
Welcome Venture Park
USACE Action ID. No. SAW- 2021-02316
Dear Ted Kakambouras:
Attached hereto is a copy of Certification No. 5272 issued to Ted Kakambouras and Welcome Venture
Park, LLC, dated October 21, 2022. 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.
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.
D E Q �J North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH C of Envi A a 919.791.4200
Deparlmem of Envlronmenml Duali�
DocuSign Envelope ID: 9BB43E7F-EF3A-484D-B8E6-5F5200FE588D Welcome Venture Park
DWR# 20221128
Individual Certification #WQC005272
Page 2of13
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
htip://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
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
Authorization Certificate in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Colleen Cohn at 919-791-4258 or Colleen.Cohn&ncdenr.gov if you have any
questions or concerns.
Sincerely,
DocuSigned by:
S(hff vlIn,w,
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Rick Trone, Withers-Ravenel (via email)
April Norton, USACE Raleigh Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch Electronic file
NORTH CAROLMAD_ E Q f
Depa"mem of Enelmnmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200
DocuSign Envelope ID: 9BB43E7F-EF3A-484D-B8E6-5F5200FE588D
Welcome Venture Park
DWR# 20221128
Individual Certification #WQC005272
Page 3 of 13
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION 95272 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 Ted Kakambouras and Welcome Venture Park, 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 August 18, 2022, and payment received August 25, 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)]
Type of Impact
Amount Approved
(units) Permanent
Amount Approved
(units) Temporary
401/404 Wetlands:
W1: Sewer Crossing
0 (acres)
0.073 (acres)
W2: Construction Easement
0 (acres)
0.038 (acres)
Open Waters:
01: Fill/Retaining Wall
0.31 acres
0 acres
This approval requires you to follow the conditions listed in the certification below:
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1) Erosion and Sediment Control:
Appropriate measures should be installed prior to any land clearing activities to protect wetlands, streams,
and/or buffers from turbidity and/ or sedimentation. These measures should be routinely inspected and
properly maintained, and excavated materials should be contained outside wetland, stream, and/or buffer
boundaries. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources
including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species.
Citation: 15A NCAC 02H.0506 (b)(1) and (2)
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.
2) Stormwater Management Plan:
The Permittee shall secure an approved stormwater management plan (SMP) from the locally delegated
government's stormwater program before any impacts authorized in this certification occur.
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
NORTH CAROLMAD_ E Q f
Depenmmn of Enelmnmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200
■■ WithersRavenel
lipOur People. Your Success.
USACE 404 PERMIT
11/17/2022
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-02316 County: Durham U.S.G.S. Quad: NC -Northeast Durham
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Welcome Venture Park, LLC.
Attn: Ted Kakambouras
Address: 5858 Westheimer Road, Suite 800
Houston, Texas 77057
Telephone Number: 713.243.6832
E-mail: tkakambouras(&welcomegroup.com
Size (acres) —160.7 Nearest Town Durham
Nearest Waterway Eno River River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 36.0586
Longitude:-78.8626
Location description: The project area is located at 1507 Hamlin Road in Durham, Durham County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.31 acre of
open water. The temporary discharge of fill material in 0.11 acre of riparian non-riverine wetlands is also required for a sewer
crossing and construction easement. These impacts are required for the Welcome Venture Park commercial development and
associated infrastructure.
Applicable Law(s): ❑X Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit 39. Commercial/Institutional Development
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 8/18/2022, and the enclosed plans entitled, "Welcome Venture Park — Stream
Wetland, Buffer, and Open Water Impacts" dated 8/12/2022. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or
appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided
it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization
expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon
the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact April Norton at 919-441-3637or April.R.Norton(a)usace.army.mil.
Corps Regulatory Official: 41�-td ��� Date: 11/17/2022
Expiration Date of Verification: 3/14/2026
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http:Hcorpsmapu.usace.army.miVcm_apex/f?p=13 6:4:0
Copy furnished:
Agent:
WithersRavenel
Attn: Rick Trone
Address:
115 MacKenan Drive
Cary, North Carolina 27511
Telephone Number:
919.538.8184
E-mail:
rtrone( )withersravenel.com
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