20231634 Ver 1_Approval Letter_20240205

February 5, 2024
DWR # 20231634
DurhamCounty
The Hellenic Conference Centers, LLC
Attn: William L. Chambers
23 Park Road
Asheville, NC 28803
Delivered via email to: [e-mail]
Subject: APPROVAL of JORDANRIPARIAN BUFFER AUTHORIZATION CERTIFICATE
Project:Wabash Property -1505 Wabash Street, Durham, NC 27701
Dear William L. Chambers:
You have our approval for the impacts listed below for the purpose described in your application dated
and received by the Division of Water Resources (Division) November 28, 2023.These impacts are
covered by theJordanBuffer Rules. This Buffer Authorization 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/or Stormwater regulations.
The following impacts are hereby approved, provided that all of the Conditions listed below, and all of
the conditions of theJordanBuffer Rules are met. No other impacts are approved, including incidental
impacts. \[15A NCAC 02B .0267(11)\]
Type of ImpactAmount Approved (units)Amount Approved (units)
PermanentTemporary
Buffers Zone 1
B1: A2 Road Crossing7,749(square feet)0 (square feet)
Buffers Zone 2
B1: A2Road Crossing4,964(square feet)0 (square feet)
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
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Wabash Property
DWR# 20231634
Buffer Authorization Certificate
Page 2of 3
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. \[15A NCAC 02B.0267(11)\]
If you are unable to comply with any of the conditions below, you must notify the RaleighRegional
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 RaleighRegional Office any noncompliance with the conditions of this
Authorization Certificate and/or any violation of state regulated riparian buffer rules \[15A NCAC
02B .0267\]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/
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 150B-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.
This Authorization shall expire five (5) years from the date of this letter / when the corresponding 401
Water Quality Certification Approval DWR#20231634expires.
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Wabash Property
DWR# 20231634
Buffer Authorization Certificate
Page 3of 3
JordanRiparian Buffer Rules as described in 15A
NCAC 02B .0267. Please contact Joe Myers at 919-791-4256or [e-mail] have
any questions or concerns.
Sincerely,
Michael Hall
Regional Supervisor
Division of Water Resources, Raleigh Regional Office
Department of Environmental Quality
Electronic cc:Kim Hamlin, Sage Ecological
Julia Tillery, USACE RaleighRegulatory Field Office
DWR 401 & Buffer Permitting Branch electronic file
Filename: 20231634_Wabash Property_JBR_Durham.docx
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Baker, Caroline D
From:Kim Hamlin <[e-mail]>
Sent:Tuesday, January 16, 2024 8:35 AM
To:Myers, Joseph M
Subject:RE: \[External\] RE: Nationwide Permit 29 Provisional Verification for SAW-2020-01691
Wabash Property Residential Subdivision / Durham / Durham County
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.

Thanks for the update, Joe!

Kim Hamlin, PWS
Sage Ecological Services, Inc.
Cell: 919.622.7888
[e-mail]
**Please note: I will not be in the office on Fridays**

From: Myers, Joseph M <[e-mail]>
Sent: Tuesday, January 16, 2024 8:34 AM
To: Kim Hamlin <[e-mail]>
Subject: RE: \[External\] RE: Nationwide Permit 29 Provisional Verification for SAW-2020-01691 Wabash Property
Residential Subdivision / Durham / Durham County

Hi Kim,

Happy New Year! This is one of the projects that are next on my review list. The deadline for me to check for a complete
application is 2/5/2024. I’m hoping I’ll get to reviewing this one on Friday or sometime next week.

Thank you,

Joe Myers
Environmental Specialist II
North Carolina Department of Environmental Quality
Office: [phone] | Cell: [phone]
[e-mail]

1

From: Kim Hamlin <[e-mail]>
Sent: Monday, January 15, 2024 12:03 PM
To: Myers, Joseph M <[e-mail]>
Subject: \[External\] RE: Nationwide Permit 29 Provisional Verification for SAW-2020-01691 Wabash Property Residential
Subdivision / Durham / Durham County

CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.

Hey Joe! Happy New Year!

I’m just checking on the status of this one – even if it’s just in your queue still.

Thanks,
Kim

Kim Hamlin, PWS
Sage Ecological Services, Inc.
Cell: 919.622.7888
[e-mail]
**Please note: I will not be in the office on Fridays**

From: Tillery, Julia A CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, December 22, 2023 10:40 AM
To: [e-mail]; Sean Clark <[e-mail]>; Kim Hamlin
<[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>; [e-mail]; Camden Brunick
<[e-mail]>
Subject: Nationwide Permit 29 Provisional Verification for SAW-2020-01691 Wabash Property Residential Subdivision /
Durham / Durham County
Importance: High

Some people who received this message don't often get email from [e-mail]. Learn why this is important
Reference is made to USACE Action ID SAW-2020-01691

Please see the attached provisional notification that your proposed project has been reviewed under Nationwide
Permit (NWP) 29 Residential Developments (attached). In accordance with 40 CFR Part 121 (401 Rule), the Corps cannot
take final action on the NWP verification request until the procedures outlined in the 401 Rule for an Individual Water
Quality Certificate (WQC) have been completed. Specifically, a Department of the Army (DA) permit or verification
cannot be issued until a Section 401 WQC has been either issued, waived, or denied, and the neighboring jurisdiction
review process described in 40 CFR 121 has been successfully completed.

As stated above, this is a provisional notification. This letter does NOT provide DA authorization. You are cautioned
that commencement of the proposed activity(ies) requested prior to receiving a written DA authorization would
constitute a violation of Federal laws and subject you to further enforcement action. Receipt of a certification from the
state (e.g., NC Division of Water Resources) does not preclude the requirement for obtaining DA authorization (e.g.,
NWP verification letter) prior to commencing the work.

Please contact me if you have any questions regarding this provisional verification or the Corps of Engineers regulatory
program.

2

Respectfully,
Julia

Julia Tillery
Regulatory Specialist, Raleigh Regulatory Field Office
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mobile: [phone]
Email: [e-mail]

Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.
3

Baker, Caroline D
From:Tillery, Julia A CIV USARMY CESAW (USA) <[e-mail]>
Sent:Friday, December 22, 2023 10:40 AM
To:[e-mail]; Sean Clark; Kim Hamlin
Cc:Thomas, Zachary T; Myers, Joseph M; Camden Brunick
Subject:\[External\] Nationwide Permit 29 Provisional Verification for SAW-2020-01691 Wabash
Property Residential Subdivision / Durham / Durham County
Attachments:20231222_Provisional NOI NWP-29 SAW-2020-01691_signed-jt.pdf; NWP-29
Residential Developments.pdf
Importance:High
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.

Reference is made to USACE Action ID SAW-2020-01691

Please see the attached provisional notification that your proposed project has been reviewed under Nationwide
Permit (NWP) 29 Residential Developments (attached). In accordance with 40 CFR Part 121 (401 Rule), the Corps cannot
take final action on the NWP verification request until the procedures outlined in the 401 Rule for an Individual Water
Quality Certificate (WQC) have been completed. Specifically, a Department of the Army (DA) permit or verification
cannot be issued until a Section 401 WQC has been either issued, waived, or denied, and the neighboring jurisdiction
review process described in 40 CFR 121 has been successfully completed.

As stated above, this is a provisional notification. This letter does NOT provide DA authorization. You are cautioned
that commencement of the proposed activity(ies) requested prior to receiving a written DA authorization would
constitute a violation of Federal laws and subject you to further enforcement action. Receipt of a certification from the
state (e.g., NC Division of Water Resources) does not preclude the requirement for obtaining DA authorization (e.g.,
NWP verification letter) prior to commencing the work.

Please contact me if you have any questions regarding this provisional verification or the Corps of Engineers regulatory
program.

Respectfully,
Julia

Julia Tillery
Regulatory Specialist, Raleigh Regulatory Field Office
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mobile: [phone]
Email: [e-mail]

1

February 5, 2024
DWR # 20231634
DurhamCounty
The Hellenic Conference Centers, LLC
Attn: William L. Chambers
23 Park Road
Asheville, NC 28803
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Wabash Property
USACE Action ID. No. SAW-2020-01691
Dear William L. Chambers:
Attached hereto is a copy of Certification No. WQC006596issued to William Chambersand The
Hellenic Conference Centers, LLC, dated February 5, 2024. 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 Certificationand 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 isdeemed
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.
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Wabash Property
DWR# 20231634
Individual Certification #WQC006596
Page 2of 18
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the RaleighRegional 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 RaleighRegional Office any noncompliance with, and/or any violation
of, stream or wetland standards \[15A NCAC 02B .0200\] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested \[G.S. 143-215.5\].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/-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 150B-23(a).
der section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Joe Myersat 919-791-4256or [e-mail] you have any
questions or concerns.
Sincerely,
Michael Hall
Regional Supervisor
Division of Water Resources, Raleigh Regional Office
Department of Environmental Quality
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Wabash Property
DWR# 20231634
Individual Certification #WQC006596
Page 3of 18
Electronic cc:Kim Hamlin, Sage Ecological
Julia Tillery, USACE RaleighRegulatory Field Office
Gabriela Garrison, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20231634_Wabash Property_IP29_Durham_WildlandsWetlandMRT.docx
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Wabash Property
DWR# 20231634
Individual Certification #WQC006596
Page 4of 18
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION#WQC006596is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-
and 15A NCAC 02B .0200, to William Chambersand The Hellenic Conference Centers, 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 November 28, 2023,and by Public Notice issued by the Division
on December 6, 2023, and within the Reasonable Period of Time pursuant to 40 CFR Part 121.6.
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 ImpactAmount Approved Amount Approved Mitigation Amount
PermanentTemporaryRequired
Perennial Streams
S1: A2-Culvert96linear feet0linear feet0credits
S2:A2Rip Rap Fill26linear feet0linear feet0credits
S3: A2 -Dewatering0linear feet10linear feet0credits
Riparian Wetlands
W1: A1 -Roadway0.010acres0acres0.010credits
W2: A1 -Fill0.002 acres0 acres0.002 credits
W3: A2 -Roadway0.160 acres0 acres0.160 credits
W4: A2 -Construction0acres0.040acres0credits
W5: A2 -Roadway0.003acres0 acres0.003credits
W6: A2 -Construction0acres0.001acres0credits
Total:0.175 credits
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION \[15A NCAC 02H .0507(c)\]:
1.Mitigation must be provided for the proposed impacts as specified in the table below. The
attached Compensatory Mitigation Responsibility TransferForm (Form)shall be completed and
provided to the Division prior to ğƓǤ impacts occurring. If the Mitigation Providerspecified 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 TransferForm
from the Divisionprior to conducting any impacts.
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Wabash Property
DWR# 20231634
Individual Certification #WQC006596
Page 5of 18
Compensatory Mitigation RequiredRiver and Sub-basin Number
Wetland0.175acres (credits)Cape Fear River Basin
03030002
Citation: 15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
existing uses through compensatory mitigation.
2.If this Water Quality Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the permittee that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands.
Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. In determining that the
proposed activity will comply with state water quality standards (including designated
Division must evaluate if the activity has avoided and minimized impacts to waters, would
cause or contribute to a violation of standards or would result in secondary or cumulative
impacts.
3.For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground.
Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. In determining that the
proposed activity will comply with state water quality standards (including designated
Division must evaluate if the activity has avoided and minimized impacts to waters, would
cause or contribute to a violation of standards or would result in secondary or cumulative
impacts.
4.Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Water Quality Certification Rules (15A
NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State
Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in
place at the time of recording of the property or individual parcels, whichever is
appropriate.
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Wabash Property
DWR# 20231634
Individual Certification #WQC006596
Page 6of 18
Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. In determining that the
proposed activity will comply with state water quality standards (including designated
Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
5.If this Water Quality Certification is used for utility related impacts, then the following
Activity Specific Conditions shall apply to those impacts.
a.All sewer lines shall be designed, constructed and maintained in accordance with Title 15A
NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design
Criteria.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Minimum Design criteria and 02T rules were adopted to
ensure that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife: secondary contact recreation: agriculture); and thatactivities must not
cause water pollution that precludes any best use on a short-term or long-term basis.
b.Any utility construction corridor that is parallel to a stream or open water shall not be
closer than 10 feet to the top of bank or ordinary high-water mark.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. In determining that the
proposed activity will comply with state water quality standards (including designated
Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
c.Where there are temporary or permanent impacts from stream crossings, utility lines shall
cross the stream channel at a near-perpendicular direction (i.e., between 75 degrees and
105 degrees to the stream bank).
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. In determining that the
proposed activity will comply with state water quality standards (including designated
Division must evaluate if the activity has avoided and minimized impacts to waters,
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Wabash Property
DWR# 20231634
Individual Certification #WQC006596
Page 7of 18
would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
d.Construction corridors in wetlands and/or across stream channels shall be minimized to
the maximum extent practicableand shall not exceed 40 feet wide for utility lines.
For construction corridors in wetlands and across stream channels, stumps shall be
grubbed only as needed to install the utility and remaining stumps shall be cut off at
grade level. The general stripping of topsoil within wetlands along the construction
corridor is prohibited.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. In determining that the
proposed activity will comply with state water quality standards (including designated
Division must evaluate ifthe activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
e.Permanent maintained access corridors in wetlands and across stream channels shall be
restricted to the minimum width practicable and shall not exceed 30 feet wide except at
manhole locations.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. In determining that the
proposed activity will comply with state water quality standards (including designated
e
Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
f.For all utility lines constructed within wetlands, an anti-seep collar shall be placed at the
downstream (utility line gradient) wetland boundary and every 150 feet up the gradient
until the utility exits the wetland. Anti-seep collars may be constructed with class B
concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are
directionally drilled, and perpendicular wetland crossings that are open cut and less than
150 feet long do not require anti-seep collars. The compacted clay shall have a specific
-5
infiltration of 1 X 10cm/sec or less. A section and plan view diagram is attached for the
anti-seep collars.
The following specifications shall apply to class B concrete:
i.Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
ii.Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Wabash Property
DWR# 20231634
Individual Certification #WQC006596
Page 8of 18
iii.Maximum water-cement ratio gallons per sack 6.8
iv.Slump range 2" to 4"
v.Minimum strength -28-day psi 2,500
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. In determining that the
proposed activity will comply with state water quality standards (including designated
uses, numeric criteria, narrative criteria and the s
Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
g.The permittee shall have a specific plan for restoring wetland contours to pre-construction
conditions. Any excess material will be removed to a high ground disposal area.
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be
minimized to the greatest extent practical. During excavation, the soils shall be placed
on fabric to minimize impacts whenever possible. Topsoil excavated from utility
trenches will be piled separately from subsoils and will be backfilled into thetrench only
after the subsoils have been placed and compacted.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. In determining that the
proposed activity will comply with state water quality standards (including designated
Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
6.The Permittee shall secure an approved stormwater management plan (SMP) from the City of
Durham ĬĻŅƚƩĻ ğƓǤ impacts authorized in this certification occur. The applicable portion of the
approved SMP shall be constructed and operational before any permanent building or other
permanent structure is occupied at the site. If any of the SCMs are used as an Erosion and
Sediment Control device, it must be restored to the approved stormwater design condition
within 30 days of close-out of the Erosion and Sediment Control Plan.
7.The permittee shall report to the DWR RaleighRegional 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Wabash Property
DWR# 20231634
Individual Certification #WQC006596
Page 9of 18
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
8.No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, atminimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
9.All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality
impairments and further protect existing uses.
10.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.
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 North
Caroline Department of Transportation Sediment 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Wabash Property
DWR# 20231634
Individual Certification #WQC006596
Page 10of 18
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill orother solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
11.Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks.Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses,and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-termbasis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect thepalatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
12.Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Wabash Property
DWR# 20231634
Individual Certification #WQC006596
Page 11of 18
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
13.If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self-monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c);15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses,and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbiditylevel shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shallnot be present
in amounts that may cause adverse impacts on existing wetland uses.
14.All work in or adjacent to streams shall be conducted so that the flowing stream does not come
in contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual, or the NC Department of
Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and thatactivities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased.
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Wabash Property
DWR# 20231634
Individual Certification #WQC006596
Page 12of 18
15.In-stream structures installed to mimic natural channel geomorphology such as cross-vanes,
sills, step-pool structures, etc. shall be designed and installed in such a manner that allow for
continued aquatic life movement.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that in-stream structures
are installed properly will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
16.Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow
passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
raphic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g. rock ladders, cross-vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert.
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands,openings
such as culverts or bridges shall be provided to maintain the natural hydrology of the system as
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Wabash Property
DWR# 20231634
Individual Certification #WQC006596
Page 13of 18
well as prevent constriction of the floodway that may result in destabilization of streams or
wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip-rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
17.Bridge deck drains shall not discharge directly into streams or wetlands. Stormwater shall be
directed across the bridge and pre-treated through site-appropriate means to the maximum
extent practicable (e.g. grassed swales, pre-formed scour holes, vegetated buffers, etc.) before
entering streams or wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that in-stream structures
are installed properly will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
18.Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
19.If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Wabash Property
DWR# 20231634
Individual Certification #WQC006596
Page 14of 18
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses.As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
20.All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
-sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any
remaining surface waters or wetlands, and any surface waters or wetlands downstream,
continue to support existing uses after project completion.
21.All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or
the North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use
of this Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
bestuses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standardsare met and conditions of
waters are suitable for all best uses.
22.Any rip-rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip-rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip-rap or other approved materials
shall not result in de-stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Wabash Property
DWR# 20231634
Individual Certification #WQC006596
Page 15of 18
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
23.Any rip-rap used for stream or shoreline stabilization shall beof a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip-rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .0506(b);15A NCAC 02H .0507(c); 15A NCAC 02B .0201
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
24.Rip-rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal
Management General Permit for construction of Wooden and Rip-rap Groins in Estuarine and
Public Trust Waters) shall meet all the specific conditions for design and construction specified
in 15A NCAC 07H .1405.
Citation: 15A NCAC 02H .0507(c);15A NCAC 07H .1400 et seq.
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
25.All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable,contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c);15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Wabash Property
DWR# 20231634
Individual Certification #WQC006596
Page 16of 18
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
26.Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
27.In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action isrequired in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic lifepropagation, 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.
28.The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
29.The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Wabash Property
DWR# 20231634
Individual Certification #WQC006596
Page 17of 18
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. \[15A NCAC 02H .0507(c)\]
This, the 5thday of February 2024
Michael Hall
Regional Supervisor
Division of Water Resources, Raleigh Regional Office
Department of Environmental Quality
JM
WQC006596
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

COMPENSATORY MITIGATION RESPONSIBILITY TRANSFERFORM
February 5, 2024
Permittee: William L. Chambers&The Hellenic Conference DWR Project #20231634
Centers, LLC
Project Name:Wabash PropertyCounty:Durham
The Division has received a Statement of Availability (SOA) fromWildlands Holdings VI, LLC, for the Cape
Fear 02 Umbrella Mitigation Bank, specifically for the Flat Rock Mitigation Siteto satisfythe mitigation
requirements set forth in401 Individual Certification No.WQC006596issued to William Chambersand
The Hellenic Conference Centers, LLC, dated November 15, 2023,as provided in the table below.
Compensatory Mitigation River and 8-digit HUC Number
Riparian Wetland0.175acres (credits)Cape Fear River Basin
03030002
The Permittee must provide a copy of this form to the Mitigation Provider specified abovewho will then
sign the form to verifyreceipt of payment andthe transfer of the mitigation responsibility. Once the
MitigationProviderhas signed this form, it is
of this formis submitted to the Division ĬĻŅƚƩĻ conducting any of the authorized impacts.
The Mitigation Providerverifies that the mitigation requirements (credits) shown above, have been
released and are available at the identified bank site(s). By signing below, the Mitigation Provideris
accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no
more than 25 percent of the total mitigation required by Division can be met through preservation,
unless requested and approved by the Division Director(15A NCAC 02H. 0506(c)(7)).
Signature Authority Name (print):________________________________________________________
Signature: ____________________________________________ Date: ________________________
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200