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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 Our People. Your Success. 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 / � �C 44 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 Our People. Your Success. USGS QUADS (¢j 0 o0i fl o � RED MILL R� 4 O Q lA V `` AF, ii I LL 1 I -s7 J�-�� gIT myi�I 3o\w N'b��= Qv_ GyA W �� I ? tl0 3lAYQ O Z —3 I i i a 1 0 j �I' �I �� �• } I� \ paa 6 z 3 Z O I � 3v �i v) 0 P E P� L'O dINSM°l�5 II 'f b0 13Ala °N3 0* q y� MEN U 3 O wz i an X373rx 3 L J l�D l 9Nl7317 DANUSE LN 1 ( o W Z \W � 0 W $ -S WELL ST ,.AA. °SF _ It xYAy 0- 80 ( — opd'3mV FD + �o - OIT 53d - N[N0a1 RD v „ N DUKE ST Q ti oaxmsxw aAr wrN�xnry� ��` o o AoxQ—o'RD AYIlBS ms $ S N, tLA a �. f i L1 3W ; ►: \�J � '.hi( i� 11 `�LLJ O ::WithersRavenel Our People. Your Success. DURHAM COUNTY SOIL SURVEY ::WithersRavenel Our People. Your Success. AERIAL EXHIBIT 1, 26 0 LLI cc n LU IN ::WithersRavenel Our People. Your Success. APPROVED WETLAND/BUFFER DELINEATION EXHIBIT N 2 WN WW F V v of a o U ¢ w= N _ o m N m N N Q = LL C > W 2 7 1 O U m L O O 7 F w N ro O p w Q � aj m � Y Q O Y LL W W 3 UIIAL m Z7 Q AF, OP ¢Z Z O m N P Z pm J N 7 N M L) w U d W oo ",Z ¢ LL pa wz w w QW W 3Z rz °C =' - LLO O F aj N Z wN �� Z W w� /' W a � m Z I Q Z N Q W O Er. Z 0[ O w O LL O O ZO w� warp N�V O LL m Q d X W Z' m o � Z O m= m m Z N � \ Q puo Q Qaw3W J W w w J m U W Q N Z Q LJ.J oZQrr Oyof a Z O m U m F m W Q W LL W a a a m> o m Z N V N t0 z W \ \\\ LLJ W Zw o O ao r za w \� akm z IM 'o 10 N O z o ( \ aQ �=w W ko z // O L z W ' u \\\ 0 W < om za Lu 26 0 M/////1m LEI ::WithersRavenel Our People. Your Success. 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 __CF•H�F � cOLAT%, - HEBRO RQ 1, 21-445 Eno Venture Park Durham I r Feature I - -3501 Feature A Pond 1 ■CL I� �0457AT£�. Map provided by NCDEQ Legend: M ti Division of Water Resources er Locations are approximate -Approximate Site Boundary:C " and are provided for refer- ence only :. (See Soils map for approximate start/stop points) � i1 DocuSign Envelope ID: 8E1 54E81 -ABE8-4DF3-A29F-AF998954CB3A IrC W %JfR � d Feature Feature K M 21-445 Eno Venture Park Durham rB Mf; $ p IrG - M fC fvC r a c CrB r Feature I f V Feature J Feature A Feature H fC �S eature G Feature Ir Feature L I' Feature E Feature D A r Pond 1 ,,F'7�► Feature B Feature C � srnrf� Legend: (JNy -Approximate Site Boundary: -Approximate Start/Stop Point y� ` Map provided by NCDEQ Division of Water Resources :: 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. 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