23-162 Ver 1_Buffer and/or Stream Determination_20230427

April 27, 2023

Phoebe Brush and Drew Brown
108 E. Murray Ave.
Durham, NC 27704

Subject: Buffer Determination Letter
NBRRO #23-162
Durham County

Determination Type
Buffer Intermittent/Perennial
Neuse (15A NCAC 2B .0714)
Tar-Pamlico (15A NCAC 2B .0734)
Jordan (15A NCAC 2B .0267)
(governmental and/or interjurisdictional
projects)

Intermittent/Perennial Determination (where
local buffer ordinances apply)

(1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable
(2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to
applicable water quality standards and permitting requirements.

Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS
Soil Survey of Durham County, North Carolina and/or the most recent copy of the USGS Topographic
map at a 1: 24,000 scale. Each feature that is checked “Not Subject” has been determined to not be an
intermittent stream, perennial stream, a pond connected to a stream feature, or the feature is determined
not to be present. Stream features that are checked “Subject” have been located on the property and
Project Name: 104 and 108 E. Murray Ave.

Address/Location: 104 and 108 E. Murray Ave; Durham, NC 27704

Stream(s): Ellerbe Creek

Determination Date: April 26, 2023 Staff: Cherri Smith

Stream E/I/P(1) Not
Subject(2) Subject Start @ Stop @ Soil
Survey
USGS
Topo
Stream A I
X –
throughout
property
X X
DocuSign Envelope ID: 0C178666-F975-4C0B-90E0-7B1010BDAB58
104 and 108 E. Murray Ave.
Durham County
April 27, 2023
Page 2 of 2

North Carolina Department of Environmental Quality  Division of Water Resources  Raleigh Regional Office
3800 Barrett Drive  1628 Mail Service Center  Raleigh, North Carolina 27699-1628
919.791.4200

possess characteristics that qualify them to be subject to the buffer rules. There may be other streams
located on the property that are not depicted on the maps referenced above and are therefore not subject to
the buffer rules. However, if the stream features are present on the tract, they are subject to all other
applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B,
and may be considered jurisdictional according to the US Army Corps of Engineers.

This on-site determination shall expire five (5) years from the date of this letter. Landowners or
affected parties that dispute a determination made by the DWR may request a determination by
the Director. An appeal request must be made within sixty (60) days of date of this letter. A
request for a determination by the Director shall be referred to the Director in writing. If sending
via US Postal Service: c/o DWR 401 & Buffer Permitting Supervisor; DWR – 401 & Buffer Permitting
Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS,
FedEx, etc.): DWR 401 & Buffer Permitting Supervisor; DWR – 401 & Buffer Permitting Unit; 512 N.
Salisbury Street; Raleigh, NC 27604.

This determination is final and binding unless, as detailed above, an appeal is requested within sixty
(60) days.

This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should
be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.

If you have questions regarding this determination, please feel free to contact Cherri Smith at (919) 791-
4200 or [e-mail].

Sincerely,

Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

cc: Laserfiche

DocuSign Envelope ID: 0C178666-F975-4C0B-90E0-7B1010BDAB58
104 and 108 E. Murray Avenue
Durham County, NC-DWR Project # 23-162

:: Locations are approximate
and are provided for refer-
ence only ::
NRCS Soil Survey Sheet
Durham Co NC 1976
Legend:
-project boundary
Stream A—Subject
DocuSign Envelope ID: 0C178666-F975-4C0B-90E0-7B1010BDAB58
104 and 108 E. Murray Avenue
Durham County, NC-DWR Project # 23-162

:: Locations are approximate
and are provided for refer-
ence only ::
USGS Topographical Map
Durham Quadrangle 2019
Legend:
-Project boundary
Stream A—Subject
DocuSign Envelope ID: 0C178666-F975-4C0B-90E0-7B1010BDAB58