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Home My WebLink About23-194 Ver 1_Buffer and/or Stream Determination_20230608 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 8, 2023 DWR Project 23-194 Durham County BIW Properties, LLC Attn: Iris Wolstein 60 Cutter Mill Rd. Suite 407 Great Neck, NY 11021 Subject: On-Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 02B .0714) Project Name: 280 E Carver St, Durham, NC Site Address / Location: 280 E Carver St, Durham, NC 27704 Dear Iris Wolstein: On May 15, 2023, Chris Smith conducted an on-site review of features located on the subject property at the request of Jordan Gorjian 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 Durham County and/or the 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 features identified as “not subject” may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. Feature ID E/I/P/ Other Subject to Buffer Rules Start @ Stop @ Depicted on Soil Survey Depicted on USGS Topo A I Yes DWR Flag: (36.040847, -78.895058) Offsite Yes No B I Yes DWR Flag: (36.04115, -78.895308) Offsite Yes No 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 DocuSign Envelope ID: 3B05F0AF-BC3B-4C6A-83C5-AE8E241B1B29 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 23-194 280 E Carver St, Durham, NC Durham County Page 2 of 2 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 features 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 waters, streams or other features located on the property that do not appear on the maps or table referenced above. Any waters, streams, or other features on the site, including the features 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 Chris Smith at (919) 791-4257 or chris.smith@deq.nc.gov. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B. Sincerely, Vanessa E. Manuel, Assistant Regional Supervisor DWR Raleigh Regional Office Enclosures: USGS Topographical Map published NRCS Soil Survey Electronic cc: jordan@gorjianacq.com Laserfiche DocuSign Envelope ID: 3B05F0AF-BC3B-4C6A-83C5-AE8E241B1B29 23-194 280 E Carver Street, Durham, NC Durham Map provided by NCDEQ Division of Water Resources :: Locations are approximate and are provided for refer- ence only :: Legend: -Approximate Site Boundary: DocuSign Envelope ID: 3B05F0AF-BC3B-4C6A-83C5-AE8E241B1B29 23-194 280 E Carver Street, Durham, NC Durham Map provided by NCDEQ Division of Water Resources :: Locations are approximate and are provided for refer- ence only :: Legend: -Approximate Site Boundary: -Approximate Start/Stop Point Feature B Feature A DocuSign Envelope ID: 3B05F0AF-BC3B-4C6A-83C5-AE8E241B1B29