SAW-2021-02316_2nd-Time-out_Signed-Permit_12.6.23.pdf

DEPARTMENT OF THE ARMY
"i WILMINGTON DISTRICT,CORPS OF ENGINEERS
i 69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
December 6, 2023
Regulatory Division
Action ID: SAW-2021-02316
Welcome Venture Park, LLC
Attn: Ted Kakambouras
5858 Westheimer Road, Suite 800
Houston, Texas 77057
Dear Mr. Kakambouras:
In accordance with your written request of July 27, 2023, and the ensuing
administrative record, enclosed is a permit to construct access and infrastructure
consisting of a two-lane road and culvert crossing for the Welcome Venture Park Phase
2 project located at 1507 Hamlin Road, Durham, Durham County, North Carolina.
These activities involve the permanent discharge of fill material into 0.023 acre (149
linear feet) of stream channel, 0.279 acre of open water, and 0.069 acre of wetlands
and the temporary discharge of fill material into 0.001 acre (10 linear feet) of stream
channel.
Any deviation in the authorized work will likely require modification of this permit. If
any change in the authorized work is necessary, you should promptly submit revised
plans to the Corps showing the proposed changes. You may not undertake the
proposed changes until the Corps notifies you that your permit has been modified.
Carefully read your permit. The general and special conditions are important. Your
failure to comply with these conditions could result in a violation of Federal law. Certain
significant general conditions require that:
a. You must complete construction before December 31, 2028.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your
worksite as deemed necessary to assure compliance with permit plans and conditions.

-2-
You should address all questions regarding this authorization to Julia Tillery at the
Raleigh Regulatory Field Office, [phone] or via email at
Julia.A.Tillery(a)-usace.army.mil.
Sincerely,
for Tommy Fennel
Chief, Regulatory Division
Wilmington District
Enclosures
E-Copy Furnished w/attachments:
Troy Beasley, WithersRavenel, TBeasley(c)_withersravenel.com
Rick Trone, WithersRavenel, RTrone withersravenel.com
Todd Bowers, EPA, bowers.todd(o)-epa.gov
Zach Thomas, NCDWR, Zachary.thomas(a-),deg.nc.gov

DEPARTMENT OF THE ARMY PERMIT
Permittee WELCOME VENTURE PARK, LLC
ATTN: MR. TED KAKAMBOURAS
Permit No. SAW-2021-02316
Issuing Office CESAW-RG-R
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any
future transferee. The term "this office" refers to the appropriate district or division office of the
Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that
office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: The project involves the construction of access and infrastructure for
the Welcome Venture Park Phase 2 industrial park development, requiring the discharge of
fill material into 0.023 acre (149 linear feet [If]) of stream channel, 0.279 acre of open water,
and 0.069 acre of wetlands and the temporary discharge of fill material into 0.001 acre (10
If) of stream channel.
Project Location: The project area is located at 1507 Hamlin Road, Durham, between Hamlin
Road and Old Oxford Road, approximately 0.7-mile northeast of their intersection, in
Durham County, North Carolina, at approximate coordinates 36.056750 N, -78.863852 W.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31 r 2028. If you find
that you need more time to complete the authorized activity, submit your request for a time
extension to this office for consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith transfer
to a third party in compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity, or should you desire to abandon it without a good faith transfer,
you must obtain a modification of this permit from this office, which may require restoration of
the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing
the activity authorized by this permit, you must immediately notify this office of what you have
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325(Appendix A))

found. We will initiate the Federal and state coordination required to determine if the remains
warrant a recovery effort or if the site is eligible for listing in the National Register of Historic
Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new
owner in the space provided and forward a copy of the permit to this office to validate the
transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply
with the conditions specified in the certification as special conditions to this permit. For your
convenience, a copy of the certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished in accordance with the
terms and conditions of your permit.
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described
above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
( X ) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local
authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume
any liability for the following:
A
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this
permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is
not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at
any time the circumstances warrant. Circumstances that could require a reevaluation include,
but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been
false, incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures
such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures
provide for the issuance of an administrative order requiring you to comply with the terms and
conditions of your permit and for the initiation of legal action where appropriate. You will be
required to pay for any corrective measures ordered by this office, and if you fail to comply with
such directive, this office may in certain situations (such as those specified in 33 CFR 209,170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity
authorized by this permit, unless there are circumstances requiring either a prompt completion
of the authorized activity or a reevaluation of the public interest decision, the Corps will normally
give favorable consideration to a request for an extension of this time limit.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325(Appendix A))

Your signature below, as permittee, indicates that you accept and agree to comply with the
terms and conditions of this permit.
(PERMITTEE) WELCOME VENTURE PARK, LLC (DA E)
MR. TED KAKAMBOURAS
This permit becomes effective when the Federal official, designated to act for the Secretary of
the Army, has signed below.
December 6, 2023
for (DISTRICT COMMANDER) BRAD A. MORGAN (DATE)
COLONEL, U.S. ARMY
When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding on the
new owner(s) of the property. To validate the transfer of this permit and the associated liabilities
associated with compliance with its terms and conditions, have the transferee sign and date
below.
(TRANSFEREE) (DATE)
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325(Appendix A))

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: WELCOME VENTURE PARK, LLC File Number: Date: 11/30/2023
SAW-2021-02316
Attached is. See Section below
X INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A
PROFFERED PERMIT Standard Permit or Letter ofpermission) B
PERMIT DENIAL WITHOUT PREJUDICE C
PERMIT DENIAL WITH PREJUDICE D
APPROVED JURISDICTIONAL DETERMINATION E
PRELIMINARY JURISDICTIONAL DETERMINATION F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at hftps://www.usace.army.mii/Missions/Civi1-
Works/Rep ulato -Pro ram-and-Permits/apeals/or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to
the district engineer for final authorization. If you received a Letter of Permission (LOP), you may
accept the LOP and your work is authorized. Your signature on the Standard Permit or
acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to
appeal the permit, including its terms and conditions, and approved jurisdictional determinations
associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions
therein, you may request that the permit be modified accordingly. You must complete Section II of
this form and return the form to the district engineer. Upon receipt of your letter, the district
engineer will evaluate your objections and may: (a) modify the permit to address all of your
concerns, (b) modify the permit to address some of your objections, or(c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your
objections, the district engineer will send you a proffered permit for your reconsideration, as
indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to
the district engineer for final authorization. If you received a Letter of Permission (LOP), you may
accept the LOP and your work is authorized. Your signature on the Standard Permit or
acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to
appeal the permit, including its terms and conditions, and approved jurisdictional determinations
associated with the permit.
• APPEAL: If you choose to decline the proffered permit(Standard or LOP) because of certain
terms and conditions therein, you may appeal the declined permit under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the
division engineer. This form must be received by the division engineer within 60 days of the date
of this notice.

C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local
authorization and/or certification has been denied for activities which also require a Department of
the Army permit before final action has been taken on the Army permit application. The permit denial
without prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate
processing of the Army permit application if subsequent approval is received from the appropriate
Federal, state, and/or local agency on a previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the permit denial
You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must
be received by the division engineer within 60 days of the date of this notice.
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD
or provide new information for reconsideration
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the
Corps within 60 days of the date of this notice means that you accept the approved JD in its
entirety and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the
Corps of Engineers Administrative Appeal Process by completing Section II of this form and
sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice.
The district will determine whether the information submitted qualifies as new information or data
that justifies reconsideration of the approved JD. A reconsideration request does not initiate the
appeal process. You may submit a request for appeal to the division engineer to preserve your
appeal rights while the district is determining whether the submitted information qualifies for a
reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not
appealable. If you wish, you may request an approved JD (which may be appealed), by contacting
the Corps district for further instruction. Also, you may provide new information for further
consideration by the Corps to reevaluate the JD.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
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If you have questions regarding this decision If you have questions regarding the appeal
you may contact: process, or to submit your request for appeal, you
may contact:
Philip Shannin
Regulatory Appeals Review Officer
South Atlantic Division
60 Forsyth St SW, Floor M9
Atlanta, Georgia 30303-8803
Philio.A.Sh�_ <<;
404-562-5136
SECTION II — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or
your objections to an initial proffered permit in clear concise statements. Use additional pages as
necessary. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the
Corps memorandum for the record of the appeal conference or meeting, and any supplemental
information that the review officer has determined is needed to clarify the administrative record.
Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the
administrative record.
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,
and any government consultants, to conduct investigations of the project site during the course of the
appeal process. You will be provided a 15-day notice of any site investigation and will have the
L9pportunity to participate in all site investigations.
-3-

Date:
Signature of appellant or agent.
Email address of appellant and/or agent: Telephone number:
-4-

SPECIAL CONDITIONS
ACTION ID: SAW-2021-02316
WELCOME VENTURE PARK, LLC
WELCOME VENTURE PARK PHASE 2
DURHAM COUNTY
WORK LIMITS / NOTIFICATION
1. Work Limits: All work authorized by this permit shall be performed in strict
compliance with the attached permit plans "Northern Durham Parkway Phase 2 —
Stream, Wetland, Buffer & Open Water Impacts", Sheets BZ and A, dated April 19,
2023 which are a part of this permit. The Permittee shall ensure that the construction
design plans for this project do not deviate from the permit plans (itemized per
project component above) attached to this authorization. Any modification to the
attached permit plans must be approved by the U.S. Army Corps of Engineers
(Corps) prior to any active construction in waters or wetlands.
2. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any
Corps-approved modification to this permit, no excavation, fill or mechanized land-
clearing activities shall take place at any time in the construction or maintenance of
this project, within waters or wetlands. This permit does not authorize temporary
placement or double handling of excavated or fill material within waters or wetlands
outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
3. Permit Distribution: The Permittee shall require contractors and/or agents to
comply with the terms and conditions of this permit 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
permit. A copy of this permit, including all conditions and drawings shall be available
at the project site during construction and maintenance of this project.
4. Notification of Construction Commencement and Completion: The Permittee
shall notify the Corps in writing prior to beginning the work authorized by this permit
and again upon completion of the work authorized by this permit.
5. Reporting Address: All reports, documentation, and correspondence required by
the conditions of this permit shall be submitted to the following: U.S. Army Corps of
Engineers, Wilmington District, Raleigh Regulatory Field Office, Attn: Julia Tillery at
919-440-1951 /Julia.A.TilleryPusace.army.mil. The Permittee shall reference the
following permit number, SAW-2021-02316, on all submittals.
6. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this
permit or upon its expiration before completion of the work will, without expense to
the United States and in such time and manner as the Secretary of the Army or his
authorized representative may direct, restore the waters or wetlands to their pre-
project conditions.
7. Reporting Violations: Violation of these permit conditions or violation of Section
404 of the Clean Water Act shall be reported to the Corps in writing and by
Page 1 of 5 i

SPECIAL CONDITIONS
ACTION ID: SAW-2021-02316
WELCOME VENTURE PARK, LLC
WELCOME VENTURE PARK PHASE 2
DURHAM COUNTY
telephone at: 919-440-1951 /[e-mail] within 24 hours of the
Permittee's discovery of the violation.
ENDANGERED SPECIES ACT
8. The Permittee shall implement all necessary measures to ensure the authorized
activity does not kill, injure, capture, harass, or otherwise harm any federally listed
threatened or endangered species. While accomplishing the authorized work, if the
Permittee discovers or observe an injured or dead threatened or endangered
species, the U.S. Army Corps of Engineers, Wilmington District, Raleigh Regulatory
Field Office, Attn: 919-440-1951 /Jul [e-mail], must be
immediately notified to initiate the required Federal coordination.
9. Suitable habitat for tricolored bat (Perimyotis subflavus) may be present within the
project areas. On September 14, 2022, the USFWS published a proposal in the
Federal Register to list the tricolored bat as endangered under the Endangered
Species Act (ESA). The permittee understands and agrees that all work associated
with the clearing and removal of trees and removal or modification of culverts must
be completed prior to the effective date of the final listing in the Federal Register.
Work associated with the aforementioned activities not completed by that time must
cease and the permittee must contact the Corps (Attn: Julia Tillery / 919-440-1951 /
Julia.A.Tillerygusace.army.mil) to determine if additional coordination with the
USFWS is required under Section 7 of the ESA prior to continuing work.
NATIONAL HISTORIC PRESERVATION ACT
10.While accomplishing the authorized work, if the Permittee discovers any previously
unknown cultural resources, the District Engineer will be immediately notified so that
required coordination can be initiated with the North Carolina Division of Natural and
Cultural Resources.
MAINTAIN FLOWS AND CIRCULATION PATTERNS OF WATERS
AND SEDIMENT AND EROSION CONTROL
11.Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land-clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and
circulation patterns within waters or wetlands or to reduce the reach of waters and/or
wetlands.
12.During the clearing phase of the project, heavy equipment shall not be operated in
surface waters or stream channels. Temporary stream crossings will be used to
access the opposite sides of stream channels. All temporary diversion channels and
stream crossings will be constructed of non-erodible materials. Grubbing of riparian /
Page 2 of 5 v

SPECIAL CONDITIONS
ACTION ID: SAW-2021-02316
WELCOME VENTURE PARK, LLC
WELCOME VENTURE PARK PHASE 2
DURHAM COUNTY
vegetation will not occur until immediately before construction begins on a given
segment of stream channel.
13.No fill or excavation impacts for the purposes of sedimentation and erosion control
shall occur within jurisdictional waters, including wetlands, unless the impacts are
included on the plan drawings and specifically authorized by this permit. This
includes, but is not limited to, sediment control fences and other barriers intended to
catch sediment losses.
14.The Permittee shall remove all sediment and erosion control measures placed in
waters and/or wetlands, and shall restore natural grades on those areas, prior to
project completion.
15.The Permittee shall use appropriate sediment and erosion control practices which
equal or exceed those outlined in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual' to ensure compliance
with the appropriate turbidity water quality standard. Erosion and sediment control
practices shall be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management
Practices in order to ensure compliance with the appropriate turbidity water quality
standards. This shall include, but is not limited to, the immediate installation of silt
fencing or similar appropriate devices around all areas subject to soil disturbance or
the movement of earthen fill, and the immediate stabilization of all disturbed areas.
Additionally, the project shall remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes
Chapter 113A Article 4). Adequate sedimentation and erosion control measures
shall be implemented prior to any ground disturbing activities to minimize impacts to
downstream aquatic resources. These measures shall be inspected and maintained
regularly, especially following rainfall events. All fill material shall be adequately
stabilized at the earliest practicable date to prevent sediment from entering into
adjacent waters or wetlands.
16.Clean Fill: The Permittee shall use only clean fill material for this project. The fill
material shall be free of items such as trash, construction debris, metal and plastic
products, and concrete block with exposed metal reinforcement bars. Soils used for
fill shall not be contaminated with any toxic substance in concentrations governed by
Section 307 of the Clean Water Act. Unless otherwise authorized by this permit, all
fill material placed in waters or wetlands shall be generated from an upland source.
17.Water Contamination: All mechanized equipment shall be regularly inspected and
maintained to prevent contamination of waters and wetlands from fuels, lubricants,
hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products
or any other hazardous waste, the Permittee shall immediately report it to the N.C.
Division of Water Resources at [phone] or [phone] and provisions of r '
Page 3 of 5 X�

SPECIAL CONDITIONS
ACTION ID: SAW-2021-02316
WELCOME VENTURE PARK, LLC
WELCOME VENTURE PARK PHASE 2
DURHAM COUNTY
the North Carolina Oil Pollution and Hazardous Substances Control Act shall be
followed.
18.Ponds - Sediment Sluicing: The release of sediments from ponds (sluicing) is not
authorized by this permit. The Permittee shall take all measures necessary to control
any bottom sediments that may be sluiced during the drainage of pond(s) on the
project site.
AQUATIC LIFE
19.Aquatic Life Movement: No activity may substantially disrupt the necessary life
cycle movements of those species of aquatic life indigenous to the waterbody,
including those species that normally migrate through the area. All discharges of
dredged or fill material within waters of the United States shall be designed and
constructed to maintain low flows to sustain the movement of aquatic species.
20.Measures shall be included in the culvert construction/installation that will promote
the safe passage of fish and other aquatic organisms. The dimension, pattern, and
profile of the stream above and below a culvert or pipe 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 opening
shall be such as to pass the average historical low flow and spring flow without
adversely altering flow velocity. Spring flow should be determined from gauge data,
if available. In the absence of such data, bankfull flow can be used as a comparable
level.
CULVERTS
21. Unless otherwise requested in the application and depicted on the approved permit
plans, culverts greater than 48 inches in diameter shall be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter and less shall be buried
or placed on the stream bed as practicable and appropriate to maintain aquatic
passage, and every effort shall be made to maintain existing channel slope. The
bottom of the culvert shall be placed at a depth below the natural stream bottom to
provide for passage during drought or low flow conditions. Culverts shall be
designed and constructed in a manner that minimizes destabilization and head
cutting.
22.The Permittee shall implement all reasonable and practicable measures to ensure
that equipment, structures, fill pads, work, and operations associated with this
project do not adversely affect upstream and/or downstream reaches. Adverse
effects include, but are not limited to, channel instability, flooding, and/or stream
bank erosion. The Permittee shall routinely monitor for these effects, cease all work
when detected, take initial corrective measures to correct actively eroding areas, and
Page 4 of 5 /�/

SPECIAL CONDITIONS
ACTION ID: SAW-2021-02316
WELCOME VENTURE PARK, LLC
WELCOME VENTURE PARK PHASE 2
DURHAM COUNTY
notify this office immediately. Permanent corrective measures may require additional
authorization by the U.S. Army Corps of Engineers.
23.Prohibitions on Concrete: The Permittee shall take measures necessary to
prevent live or fresh concrete, including bags of uncured concrete, from coming into
contact with any water in or entering into waters of the United States. Water inside
coffer dams or casings that has been in contact with concrete shall only be returned
to waters of the United States when it no longer poses a threat to aquatic organisms
(concrete is set and cured).
Page 5of5 ��

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DocuSlgn Envelope ID:B68FE091-7FD1-4A9D-B1CB-54COA0846F34
T _A
ROY COOPER
Governor
ELIZABETH S.BISER
Secretors
RICHARD E.ROGERS.JR_ NORTH CAROLINA
f3;mCfor Envlromnental Quattty
July 31,2023
Ted Kakambouras
Welcome Venture Park,LLC
5858'Westeimer Road
Houston,TX 77057
[e-mail]
Subject: REVISED 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed Northern Durham Parkway Phase 2,in Durham County,
TIP#U4721.
NCDWR Project No.20211489 ver 2.
Dear Mr.Kakambouras:
Attached hereto is a copy of Revised Certification No.5756 issued to Welcome Venture Park LLC dated July 31,
2023.
This approval is for the purpose and design described in your app]ication.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 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.
If we can be of further assistance,do not hesitate to contact us.
Sincerely,
ooeusiflned by:
80ECA32MCW490.
Richard F. Rogers,Jr, Director
Division of Water Resources
Attachments
Cc: Rick Trone,Withers Ravenel([e-mail])
Jean Gibby,US Corps of Engineers,Raleigh Office [e-mail])
Marvin Williams,City of Durham ([e-mail])
File Copy
Furth Carolina Department of Frivironnnrnal Oualin i Diciaiun of Water Resource%
ffmn,
W,,�
512 North S.ilishury Street 1 1611 Mail Service Ccnter I Raleigh.North Carolina 276rw-1611
4;5TM
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DocuSign Envelope ID:B68FE091-7FD1-4A9D-B1C8-54COA0846F34
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Resources(NCDWR)Regulations
in 15 NCAC 2H .0500. This certification authorizes Welcome Venture Park to impact 0.069 acres of jurisdictional
wetlands and 162 linear feet of jurisdictional streams in Durham County for Phase 2 of Northern Durham Parkway.
The project shall be constructed pursuant to the application dated received March 12,2023.This revised approval
replaces the one issued April 11,2023. The authorized impacts are as described below:
Stream Impacts in the Neuse River Basin
Site 1 Permanent Fill in Perennial Riprap in Perennial Temporary Impact to Total Stream Impact
Stream(linear ft) Stream(linear ft) Perennial Stream(linear ft) (linear ft)
Total 106 46 10 162
Total Stream Impact for Project: 162 linear feet
Wetland Impacts in the Neuse River Basin
Site Permanent Impact (ac) Temporary Impact(ac) Total Wetland Impact(ac)
Total 0.069 0 0.069
Total Wetland Impact for Project: 0.069 acres.
r _ Open Water Ponds Impacts in the Neuse River Basin
Site J Permanent Fill in Open Waters (ac) Temporary Fill in Open Waters (ac) Total Fill in Open Waters(ac)
Total 0.279 0 0.279
Total Open Water Impact for Project:0.279 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Neuse River
Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore,the State of North Carolina certifies that this activity will not violate
the applicablypo. iQfksI$ ti is"l,302,303,306,307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application dated received March
12,2023. Should your project change,you are required to notify the NCDWR and submit a new application.If the
property is sold,the new owner must be given a copy of this Certification and approval letter,and is thereby
responsible for complying with all the conditions. If any additional wetland impacts,or stream impacts,for this
project(now or in the future)exceed one acre or 150 linear feet,respectively,additional compensatory mitigation
may be required as described in 15A NCAC 2H.0506(h)(6)and(7).
For this approval to remain valid,you are required to comply with all the conditions listed below. In addition,you
should obtain all other federal,state or local permits before proceeding with your project including(but not limited
Env
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North C h S41j hury S1rcc1 1 61 1 Mnnknvil tr%ice en I Raleigh.
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DocuSign Envelope ID:868FE091-7FD1-4A9D-B1C8-54COA0846F34
to)Sediment and Erosion control,Coastal Stormwater,Non-discharge and Water Supply watershed regulations.
This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers
Permit.
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 regardless of the quantity of the withdrawal or the
date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials,the
Division may inspect the property.
Conditions of Certification:
1.As stated in your application,roadway stormwater shall be routed offsite to Stormwater Control Measures
(SCMs)for the adjacent Welcome Venture Park 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.
2.Unless otherwise approved in this certification,placement of culverts and other structures in open waters and
streams,shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater
than 48 inches,and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches,to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of
wetlands or streambeds or banks,adjacent to or upstream and down stream of the above structures.The applicant is
required to provide evidence that the equilibrium is being maintained if requested in writing by the NCDWR. If this
condition is unable to be met due to bedrock or other limiting features encountered during construction,please
contact the NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be
required.[15A NCAC 02H.0506(b)(2)]
3.If multiple pipes or barrels are required,they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases
water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
[15A NCAC 02H.0506(b)(2)]
4.Riprap shall not be placed in the streambed in a manner that precludes aquatic life passage. Bioengineering
boulders or structures should be properly designed,sized and installed.[15A NCAC 02H.0506(b)(2)]
5.The stream channel shall be excavated no deeper than the natural bed material of the stream,to the maximum
extent practicable. Efforts must be made to minimize impacts to the stream banks,as well as to vegetation
responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream
channel shall be temporary and be revegetated with native riparian species.[15A NCAC 02H.0506(b)(2)]
6. If concrete is used during construction,a dry work area shall be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills. [15A NCAC 02B.0200]
7.For all streams being impacted due to site dewatering activities,the site shall be graded to its preconstruction
contours and revegetated with appropriate native species. [15A NCAC 0214.0506(b)(2)]
8.During the construction of the project,no staging of equipment of any kind is permitted in waters of the U.S.,or
protected riparian buffers. [I SA NCAC 02H.0506(b)(2)]
forth Carolina Mpartment of Environmental QtWity 1 Dnii ion of vauv Recnurees
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512 North SalisMuy Sucel 1 1611!Nail SCntcc Omtet I Raleigh North Carolina 2 7609-161 1
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DocuSign Envelope ID:B68FE091-7FD1-4A9D-B1CB-54COA0846F34
9.The dimension,pattern and profile of the stream above and below the crossing shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)]
10. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. [15A
NCAC 02H.0506(b)(2)]
11.The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)]
12. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from
the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags,rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC
02H.0506(b)(3)and(c)(3)]
13.Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream. [I 5A NCAC 02H.0506(b)(3)]
14. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A NCAC
02H.0506(b)(3)]
15. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.[15A NCAC 02H.0506(b)(3)]
16.Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited. [15A NCAC 02H.0506(b)(3)]
17.The permittee and its authorized agents shall conduct its 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. If the NCDWR determines that such standards or laws are not being
met(including the failure to sustain a designated or achieved use)or that State or federal law is being violated,or that
further conditions are necessary to assure compliance,the NCDWR may reevaluate and modify this certification. [15A
NCAC 0213.0200]
18. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition,the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the on-site project
manager. [15A NCAC 02H.0507(c)and 15A NCAC 02H.0506(b)(2)and(c)(2)]
19. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization,including all non-commercial borrow and waste sites associated with the project,shall be clearly marked
by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless
otherwise authorized by this certification. [15A NCAC 02H.0501 and.0502]
20. The issuance of this certification does not exempt the Pcrmittce from complying with any and all statutes, rules,
regulations,or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements,etc.
21.The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of
discovery. [15A NCAC 02B.0506(b)(2)]
22. Upon completion of the project (including any impacts at associated borrow or waste sites), the permittee hall
complete and return the enclosed"Certification of Completion Form"to notify the NCDWR when all work included in
the 401 Certification has been completed. [15A NCAC 02H.0502(f)]
E T�urth l an litm Ikt arory nt OYEnvirnnauntal QIIaIIt) M%vAun Water Rewurces
512 Furth Salisbuq Strccl l611 hl.nl Ser%i,c Ceram '. Rakigh Noiih Cawlina 27609-1611
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DocuSign Envelope ID:B68FE091-7FD1-4A9D-B1CB-54COA0846F34
23. There shall be no excavation from, or waste disposal into,jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be
located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road
construction activities. [15A NCAC 02H.0506(b)(3)and(c)(3)]
24.Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards[15A NCAC 02H.0506(b)(3)and(c)(3)1:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design,installation,operation,and maintenance of the sediment and erosion control measures must
be such that they equal, or exceed, the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction
sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures.t .W W-4es;.gtted, ixt411,0,operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
25.Sediment and erosion control measures shall not be placed in wetlands or surface waters,or within 5 feet of the top
of bank,without prior approval from DWR. [15A NCAC 02H.0506(b)(3)and(c)(3)]
26. When applicable, 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. [15A NCAC 02H
.0506(b)(3)and(c)(3)and 15A NCAC 02B.0200]
27_Design,installation,operation,and maintenance of all sediment and erosion control measures shall be equal to or
exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control
Manual, or for linear transportation projects,the NCDOTSediment and Erosion Control Manual.
All devices shall be maintained on all construction sites,borrow sites,and waste pile(spoil) sites, including contractor-
owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of
erosion control measures and stormwater routing and treatment shall be on site at all times.
For borrow pit sites,the erosion and sediment control measures shall be designed,installed,operated,and maintained
in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and
implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution
Control Act and the Mining Act of 1971. [15A NCAC 02H.0506(b)(3)and(c)(3);GC 4135]
This approval and its conditions are final and binding unless contested[G.S. 143-215.5]. Please be aware that
impacting waters without first applying for and securing the issuance of a 401 Via` 'Certi-ft0ft. violates
Title 15A of the North Carolina Administrative Code(NCAC)2H.0500. Title 15A NCAC 2H.0500 requires
certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will
result in a discharge into navigable waters,including wetlands,as described in 33 Code of Federal Regulations
(CFR)Part 323. It also states any person desiring issuance of the State certification or coverage under a general
certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future violations
are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation.
QE
�� i\orth C'.�rnlina lkpanrrhnt of L•nckronnkntal t)u;�Gt} 1 Di+•ision ol`Water Resources
512'worth S lishury Street 1 1611%lail Seniec l'entei I Raleigh.Vorlh i.�mlma-7699-1611
419 7079()I.0 �(

DocuSign Envelope ID:B68FE091-7FD1-4A9D-B1C8-54COA0846F34
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 Cade.Additional information regarding
requirements For filing a Petition and Petition forms may be accessed at t jLj.,:-ymcogib.t. '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 Certification in
accordance with N.C.G.S 15013-23(a).
This the 31 st day of July 2023
DIVISION OF WATER RESOURCES
,—Docusign"by:
•wowy�
Richard E. Rogers,Jr,Director
WQC No.5756
�� 1`orth Carolina 1)epan)ru:nt ni Fm•ircmnxntal Ooalny I [)iu5ion of wmrr Resources
512 North timhsbury Sired I W 1 Atail Servicc Cents I Raleigh,North Camlu)a 2-6,X1-161 I (�
Yr tL 919 107 90-0 �//,

DocuSign Envelope ID:B68FE091-7FD1-4A9D-B1C8-54COA0846F34
NCDWR Project No.: County:
Applicant: __
Project Name: _
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,and
any subsequent modifications,the applicant is required to return this certificate to the 401 Transportation Permitting
Unit,North Carolina Division of Water Resources, 1617 Mail Service Center,Raleigh,NC,27699-1617. This form
may be returned to NCDWR by the applicant,the applicant's authorized agent,or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I,--7 fZ A- ",I\r;''r ,hereby state that,to the best of my abilities,due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and
specificati others port in aterials.
Signat Date: / G LP'5
Agent's Certification
1, ,hereby state that,to the best of my abilities,due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and
specifications,and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
as a duly registered Professional Engineer in the State of North
Carolina,having been authorized to observe(periodically,weekly,full time)the construction of the project for the
Permittee hereby state that,to the best of my abilities,due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials.
Signature Registration No.
Date
Borth C:+ruling(kpartnxnt of Encirnnr+xntal Qudil� I I)ivi.inn of Watrr Rcumrces
"�►`/�,xJ S l2 Nurih S,liahury Sirco 1161 1 Mail Scn+cc Cenle+ I Raleigh.North Carulina_'76Q9.161 1
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