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Home My WebLink About23-199 Ver 1_Buffer and/or Stream Determination_20230612 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 12, 2023 DWR Project 23-199 Durham County Mesos Capital/TH APTS Investor Holdings, LLC Attn: Trot Menges troy@swordfishdevelopment.com Subject: On-Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 02B .0714) Project Name: Leesville Road Site Site Address / Location: 4903 Leesville Rd, Durham, NC 27703 Dear Troy Menges: On June 8, 2023, Chris Smith and Kevin Fowler conducted an on-site review of features located on the subject property with Emma Radford and Brandon Wyatt of Kimley-Horne 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 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. DocuSign Envelope ID: 0AF3F089-AE7E-4482-93D7-F5D7AB679B96 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 23-199 Leesville Road Site Durham County Page 2 of 3 Feature ID E/I/P/ Other(1) Subject to Buffer Rules Start @ Stop @ Depicted on Soil Survey Depicted on USGS Topo B E No N/A N/A Yes No E I Yes Start 1: DWR Flag (35.93795, -78.808097) Start 2: DWR Flag (35.938361, -78.810106) Stop 1: DWR Flag (35.938297, -78.809433) Stop 2: Off Site Yes No F I Yes DWR Flag (35.938847, -78.81008) Off Site Yes No G E No N/A N/A Yes No H E No N/A N/A Yes No I E No N/A N/A Yes No (1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A = Not Applicable NE = Not Evaluated 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 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. DocuSign Envelope ID: 0AF3F089-AE7E-4482-93D7-F5D7AB679B96 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 23-199 Leesville Road Site Durham County Page 3 of 3 Sincerely, Vanessa E. Manuel, Assistant Regional Supervisor DWR Raleigh Regional Office Enclosures: USGS Topographical Map Published NRCS Soil Survey Electronic cc: emma.radford@kimley-horne.com Laserfiche DocuSign Envelope ID: 0AF3F089-AE7E-4482-93D7-F5D7AB679B96 23-199 Leesville Road Site 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: 0AF3F089-AE7E-4482-93D7-F5D7AB679B96 23-199 Leesville Road Site 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 I Feature H Feature G Feature F Feature E Feature B DocuSign Envelope ID: 0AF3F089-AE7E-4482-93D7-F5D7AB679B96