20211489 Ver 3_Approval Letter_20231205

DocuSign Envelope ID: 94AF684E-591A-44B1-885F-lD53A2lB69EC
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Ted Kakambouras
Welcome Venture Park, LLC
5858 Westeimer Road
Houston, TX 77057
[e-mail]
NORTH CAROLINA
Environmental Quality
December 5, 2023
DWR #20211489 ver 3
Durham County
Subject: MODIFICATION of APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL
CONDITIONS
TIP U-4721: Northern Durham Parkway Phase 2, Durham County
Dear Mr. Kakambouras:
You have our approval for the impacts listed below for the purpose described in your modification
application received by the Division of Water Resources on November 28, 2023. These impacts are
covered by the Neuse 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.
The following impacts are hereby approved, provided that all of the Conditions listed below and all of
the conditions of the Neuse Buffer Rules are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B.0611(b)(2)].
This Buffer approval Modification replaces the one issued July 31, 2023.
Modified Neuse Riparian Buffer Impacts
Site 1
Zone 1 Impact
(sq ft)
Zone I Buffer Mitigation
Required (using 3:1 ratio)
Zone 2 Impact
(sq ft)
Zone 2 Buffer Mitigation
Required (using 1.5:1 ratio)
Totals
9297
27891
6562
9843
Total Revised Buffer Impact for Project: 15859 square feet.
Total Revised Buffer Mitigation Required: 37734 square feet.
This modified 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)]
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARCLINA
919.707.9000

DocuSign Envelope ID: 94AF684E-591A-44B1-885F-1D53A21B69EC
If you are unable to comply with any of the conditions below, you must notify the DWR Transportation
Permitting Branch 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 NC Division of Water Resources 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.
Conditions of Approval:
1. Mitigation must be provided for the proposed impacts as specified in the table below. The attached
Compensatory Mitigation Responsibility Acceptance Form (Form) OR Forms (Forms) shall be completed
and provided to the Division prior to any impacts occurring. If the Mitigation Provider specified on the
attached Form(s) for the proposed impacts changes after issuance of this Certificate, then the Permittee
shall request a revised Compensatory Mitigation Responsibility Acceptance Form from the Division prior
to conducting any impacts. If multiple mitigation banks or providers are used for this project, it is the
responsibility of the permittee to verify that the credits from the various banks add up to an amount
equal to or greater than the amount required in this certification.
Compensatory Mitigation Required
River Basin & HUC Number
Riparian Buffer
37734 square feet (credits)
Neuse River Basin
03020201 HUC
[15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c); 15A NCAC 2B.0714; 15A 2B.02951
2. Compensatory mitigation for impacts to 9297 square feet of protected riparian buffers in Zone 1 and
6562 square feet of protected riparian buffers in Zone 2 shall be required. Mitigation for unavoidable
impacts to Neuse Riparian Buffers shall be provided in the Neuse River Basin and done in accordance
with 15A NCAC 213.0295.
a. Wildlands Holdings V, LLC indicated in a Statement of Availability letter dated November 21,
2023, that 24421 sq ft (credits) are available in Neuse 03020201 for the project. The attached
Compensatory Mitigation Responsibility Acceptance Form shall be completed for these credits.
b. We understand that you have chosen to perform compensatory mitigation for the remaining
13313 sq ft (credits) through use of the North Carolina Division of Mitigation Services (DMS). The DMS
has indicated in a letter dated November 30, 2023 that they will assume responsibility for satisfying the
remaining credits of the total compensatory mitigation requirements for the above -referenced project,
in accordance with DMS's Mitigation Banking Instrument signed June 14, 2016.
3. As stated in your application, roadway stormwater shall be routed offsite to Stormwater Control
Measures (SCMs) for the adjacent Welcome Venture commercial development. No stormwater will be
discharged at the sites impacted in this certification. The permittee shall receive approval of the
Stormwater Management Plan by the appropriate locally delegated authority, prior to initiating any of
the approved impacts in this Water Quality Certification. Permittee shall forward a copy of that
approval to NCDWR to affirm this condition has been met. All stormwater runoff shall be directed as
sheetflow through stream buffers at non -erosive velocities, unless otherwise approved by this
certification. [15A NCAC 02B.0714]
��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
0_p Mo Emimnmen quay

DocuSign Envelope ID: 94AF684E-591A-44B1-885F-1D53A21B69EC
4. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored
to the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated
with non -woody species by the end of the growing season following completion of construction. For the
purpose of this condition, maintained buffer areas are defined as areas within the transportation
corridor that will be subject to regular Department of Transportation maintenance activities including
mowing. The area with non -maintained buffers shall be permanently revegetated with native woody
species before the next growing season following completion of construction. [15A NCAC 02B.0714]
5. Pursuant to 15A NCAC 02B.0714, sediment and erosion control devices shall not be placed in Zone 1
of any Neuse Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved no
sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on
this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers
provided that Zone 1 is not compromised and that discharge is released as diffuse flow.
6. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) must be
reestablished in the riparian areas within the construction limits of the project by the end of the growing
season following completion of construction. [15A NCAC 02B.0714] & [15A NCAC 02B.0506(b)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
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 maybe accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
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
This Authorization shall expire five (5) years from the date of this letter.
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in
15A NCAC 02B.0714. Please contact Rob Ridings at [e-mail] or 919-707-8786 if you have
any questions or concerns.
SI ncerpelysigned by:
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Richard E. Rogers, Jr., Director
Division of Water Resources
REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
naparMeM of EmironmanW 9uallly

DocuSign Envelope ID: 94AF684E-591A-44B1-885F-1D53A21B69EC
Attachments
Cc:
Rick Trone, Withers Ravenel ([e-mail])
Kelly Williams, NC Division of Mitigations Services ([e-mail])
Katie Merritt, NC DWR Buffer Mitigation Coordinator ([e-mail])
Camden Brunick, Wildlands Engineering Inc ([e-mail])
Marvin Williams, City of Durham ([e-mail])
File Copy
REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
onparhnem of EmironmanW 9uallly

DocuSign Envelope ID: 94AF684E-591A-44B1-885F-1D53A21B69EC
COMPENSATORY MITIGATION RESPONSIBILITY ACCEPTANCE FORM
December 5, 2023
Permittee: Welcome Venture Park, LLC DWR Project #20211489 ver 3
Project Name: Northern Durham Parkway Phase 2 County: Durham
The Division has received a Statement of Availability (SOA) from Wildlands Holdings V, LLC to partially
satisfy the mitigation requirements set forth in the Buffer Authorization issued to Welcome Venture
Park, LLC dated December 5, 2023 as provided in the table below as provided in the table below.
Compensatory Mitigation
River Basin and HUC Number
Neuse Buffer
24421 sq ft (credits)
Neuse Basin
03020201 HUC
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 and the mitigation transfer certificate 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)).
Mitigation Bank Name:
Bank Credits Purchased:
Signature Authority Name (print):
Signature:
Date:
REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
onparhnem of EmironmanW 9uallly