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Home My WebLink About23-229 Mebane Flea Market Site - South - final North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 June 28, 2023 DWR Project 23-229 Orange County Orange County Investors Attn: J. Wesley Ellison 230 4th Ave. Mount Pleasant, SC 29464 (Via email: wesley@ellcollc.com) Subject: On-Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 02B .0714) Project Name: Mebane Flea Market Site - South Site Address / Location: Buckhorn Rd., Mebane Dear Mr. Ellison: On June 21, 2023, Cherri Smith conducted an on-site review of streams located on the subject property at the request of Emma Radford with Kimley-Horn to determine the applicability of the above-noted state regulations. The Division of Water Resources has determined that streams listed in the table below and identified on the attached maps are shown on either the most recently published NRCS Soil Survey of Orange County and/or the USGS National Map at a scale that incorporates the National Hydrography Dataset High Resolution data at 1:24,000 scale. Streams that are listed as “Subject” on the below table have been located on the ground at the site and possess characteristics that qualify them to be at least intermittent streams in accordance with the NC Stream Identification Manual v.4.11 and therefore subject to the Neuse Buffer Rules. Please be aware that streams identified as “not subject” may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. Stream ID E/I/P/ Other* Subject to Buffer Rules Start @ Stop @ Depicted on Soil Survey Depicted on USGS Topo Stream 2 Intermittent Yes Start @ 36.074418, -79.222691 Yes No Stream A Ephemeral/ Wetland No Yes Yes *E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable DocuSign Envelope ID: 276F0FD9-7E9F-4CB2-B352-A8BEED7706C7 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 DWR Project 23-229 Orange County Page 2 of 2 This on-site determination shall expire five (5) years from the date of this letter. The owner (or future owners) should notify the Division (and other relevant agencies) of this decision in any future correspondences concerning this property. Landowners or affected parties that dispute this determination made by the Division may request a determination by the Director of Water Resources. This determination is final and binding, unless an appeal request is made within sixty (60) calendar days of the date of this letter to the Director in writing. If sending via U.S. Postal Service: Stephanie Goss - DWR 401 & Buffer Permitting Branch Supervisor 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (UPS, FedEx, etc.) Stephanie Goss -DWR 401 & Buffer Permitting Branch Supervisor 512 N Salisbury St. Raleigh, NC 27604 This letter only addresses the applicability of the stated regulations on the streams identified on the subject property and/or within the proposed project area. This letter does not approve any activity within buffers or within waters of the state. There may be other regulated streams and waters located on the property that do not appear on the maps or table referenced above. Any streams or waters on the site, including those identified in this letter, may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. If you have any additional questions or require additional information, please contact Cherri Smith at 919-791-4200 or cherri.smith@deq.nc.gov. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Enclosures: USGS Topographical Map published NRCS Soil Survey Electronic cc: emma.radford@kimley-horn.com DWR, Raleigh Regional Office DocuSign Envelope ID: 276F0FD9-7E9F-4CB2-B352-A8BEED7706C7 Mebane Flea Market Site—South Durham County, NC-DWR Project # 23-229 :: Locations are approximate and are provided for refer- ence only :: NRCS Soil Survey Sheet Durham Co NC 1976 Legend: -project boundary DocuSign Envelope ID: 276F0FD9-7E9F-4CB2-B352-A8BEED7706C7 Mebane Flea Market Site—South Durham County, NC-DWR Project # 23-229 :: Locations are approximate and are provided for refer- ence only :: USGS Topographical Map Durham Quadrangle 2019 Legend: -Project boundary DocuSign Envelope ID: 276F0FD9-7E9F-4CB2-B352-A8BEED7706C7