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Home My WebLink About23-224 Mebane Flea Market Site - North - 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 27, 2023 DWR Project 23-224 Orange County R+L Carriers Attn: Stan Richards 600 Gilliam Rd. Wilmington, OH 45177 (Via email: srichards@rlcarriers.com) Subject: On-Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 02B .0714) Project Name: Mebane Flea Market Site - North Site Address / Location: Buckhorn Rd., Mebane Dear Mr. Richards: 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 1 Intermittent Yes Start @ 36.078310, -79.221048 No Yes Stream 2 Intermittent Yes Subject throughout property Yes Yes *E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable DocuSign Envelope ID: B6956AEA-45B1-4499-A0FA-4A2117F90ABF 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 23-224 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: B6956AEA-45B1-4499-A0FA-4A2117F90ABF Mebane Flea Market Site—North Durham County, NC-DWR Project # 23-224 :: Locations are approximate and are provided for refer- ence only :: NRCS Soil Survey Sheet Durham Co NC 1976 Legend: -project boundary DocuSign Envelope ID: B6956AEA-45B1-4499-A0FA-4A2117F90ABF Mebane Flea Market Site—North Durham County, NC-DWR Project # 23-224 :: Locations are approximate and are provided for refer- ence only :: USGS Topographical Map Durham Quadrangle 2019 Legend: -Project boundary DocuSign Envelope ID: B6956AEA-45B1-4499-A0FA-4A2117F90ABF Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Name:* Is this a transportation project?* Is this request for a mitigation site? What type of request is this?* Owner Information Mebane Flea Market Site - North Yes No Yes No Buffer Isolated Wetland Check all that apply. IP Stream Determination Stream Name on the Recorded Deed: * R+L Carriers (Under Option to Purchase) Responsible Party : Stan Richards (for LLC, Corporations, businness, agency, etc.) Telephone Number: (937) 603-3900 Email Address: * srichards@rlcarriers.com How would you like to received your determination?* Is there an agent or consultant responsible for the request?* Yes No Attach agent authorization letter: * 02_SIGNED_USACE_KHA_OPTIONEE... 120.26K6 Authorization Form (North)(1).pdf PDF only Agent/Consultant Information How would you like to receive your USPS determination letter?* Email Name of Agent: * Emma Radford, WPIT, CA Company Name:* Kimley-Horn Email Address: * emma.radford@kimley-horn.com n Has anyone form DWR done a previous site visit?* Yes No Other Date of Visit: Site Information Nearest Highway/Street: * Interstate 40 Nearest Town: * Mebane Nearest Named Stream:* Sevenmile Creek River Basin: * Neuse County: Orange Please attach a map of the site indicating project boundaries on the USGS 1:24,000 Topo. Click the upload button or drag and drop files here to attach document Fig2_MebaneFM_USGS.pdf 685.58KB Pdf file type only TOPO map look up: https://viewer.nationalmap.gov/basic/ Please attach a map of the site indicating project boundaries on the NRCS Soil Survey. Click the upload button or drag and drop files here to attach document Fig4_MebaneFM_NRCS.pdf 1.52MB Pdf file type only Soil Survey Link: https://www.nres.usda.gov/wps/portal/nres/surveylist/soils/survey/state/?stateld=NC Latitude and Longitude Please provide the Latitude and Longitude for physical location for the determination that. If you have a physical address you can look up the Latitude and Longitude by typing in an address or filling out the information manually. Choose below how you would like to provide this information. Latitude: 36.077024 Longitude:-79.219283 Misc attachments: Address Lookup Manually MebaneFM_S1.pdf 118.31 KB MebaneFM_S2(INT).pdf 171.28KB MebaneFM_S2(PER).pdf 122.41 KB Fig 1_MebaneFM_Vicinity.pdf 1.97MB Fig3_MebaneFM_JDFeats. pdf 2.78MB pdf or kmz file types only By digitally signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act") • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND o I intend to electronically sign and submit the "Determination Request' form." Signature Date Submitted: 6/7/2023 Initial Review RRO Do you want to send this for review? Yes No D# * 23-224 Select Reviewer: * Joseph Myers:joseph.myers Select Regional Office: * Raleigh Regional Office - (919) 791-4200 AGENT AUTHORIZATION FORM Name: R+L Carriers: ATTN: Stan Richards Address: 600 Gilliam Road, Wilmington, OH 45177 Phone: (937) 603-3900 Project Name/Description: Mebane Flea Market Site - North Date: The Department of the Army U.S. Army Corps of Engineers, Wilmington District Field Office: Raleigh Re ug latory Field Office Re: Wetland Related Consulting and Permitting To Whom It May Concern: R+L Carriers hereby designates and authorizes Kimley-Horn and Associates, Inc. to act in my/our behalf as my/our agent solely for the purpose of processing Jurisdictional Determinations, Section 404 permits/Section 401 Water Quality Certifications applications, and Neuse River Basin Riparian Buffer Authorizations, and to furnish upon request supplemental information in support of applications, etc. from this day forward until successful completion of the permitting process or revocation by the owner. In addition, I, the undersigned, a duly authorized optionee of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Authorized this the 6th Stan Richards day of June 2023 7M Responsible Party's Name Responsible Party's Signature Cc: Shelton Sullivan NC Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 I -OZ'4'� �z�, a c, o 3 G> r Y ;�r . `�. ! •` Industrial�'� southern Dr r yo� Mebane Rd ��shy G Orange Alamance County rq Project Study Area ROCKINGHAM CASWELL PERSON GRANVILLE WARREN VANCE Project Location KE ALAMANCE GUILFORD ORANGE FRANKLIN DURHAM Ten WAKE NASH W Orange County ina Maryland I ((Delaware RANDOLPH CHATHAM South Carolina JOHNSTON LEE HARNETT Georgia MOORE WAYNE Atlantic Ocean MONTGOMERY HOKE CUMBERLAND SAMPSON RICHMOND Figure 1: Vicinity Map Kimley>>> Horn Mebane Flea Market Site - North Mebane, Orange County, NC June 2023 Stream S1: Subject Feet 0 400 800 Kimley>>> Horn Stream S2 (PER): Subject Feature A: No identified within 50' of the Project Study Area. Legend Project Study Area Figure 2: USGS Topographic Map Mebane Flea Market Site - North Mebane, Orange County, NC June 2023 Feet 0 500 1,000 Kimley>>> Horn � � r S2;1 t$;. i.� ikp fl' N , _ RX t�1 Legend ^— Potentially Jurisdictional Intermittent Streams •- Potentially Jurisdictional Perennial Streams Potentially Jurisdictional Wetlands ` Project Study Area Figure 3: Potentially Jurisdictional Features Map Mebane Flea Market Site - North Mebane, Orange County, NC June 2023 PA Pir� Gu Et ti r ��- - Or _ 1 6WP - - r ti• -*H re ti wr G��' him •• �'�� Stream S2 (INT): Subject i. - Feature B: No identified within 50' H r of the Project Study Area. �l ti-- �•, , Feature A: No identified within 50' G . r 3 p of the Project Study Area. Stream S2 (PER): Subject F Legend Feet Project Study Area 0 500 1,000 Figure 4: NRCS Soil Survey Map Kimley>>> Horn Mebane Flea Market Site - North Mebane, Orange County, NC June 2023 North Carolina Division of Water Quality - Stream Identification Form, Version 4.11 Date: 3/8/2022 Project/Site: Mebane Flea Market Site Stream S1 Latitude: 36.078431 J. Hartsorhn, PWS; Evaluator: E. Radford, WPIT, cn County: Orange County Longitude:-79.220574 Kimle -Horn Total Points: 24 Stream Determination circle one) Other Stream is at least intermittent Ephemera Intermittent Perennial e.g. Quad Name: Efland if >_ 19 or perennial if >_ 30 A. Geomorphology Subtotal = 10.5 Absent Weak Moderate Strong Score 1 a. Continuity of channel bed and bank 0 1 2 3 2 2. Sinuosity of channel along thalweg 0 1 2 3 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple- poolsequence 0 1 2 3 1 4. Particle size of stream substrate 0 1 2 3 3 5. Active/relic floodplain 0 1 2 3 1 6. Depositional bars or benches 0 1 2 3 0 7. Recent alluvial deposits 0 1 2 3 0 8. Headcuts 0 1 2 3 0 9. Grade control 0 0.5 1 1.5 0 10. Natural valley 0 0.5 1 1.5 0.5 11. Second or greater order channel No = 0 Yes = 3 0 B. Hydrology Subtotal = 12. Presence of Baseflow 0 1 2 3 1 13. Iron oxidizing bacteria 0 1 2 3 0 14. Leaf litter 1.5 1 0.5 0 1 15. Sediment on plants or debris 0 0.5 1 1.5 0.5 16. Organic debris lines or piles 0 0.5 1 1.5 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 3 C. Biology Subtotal = 6.5 18. Fibrous roots in streambed 3 2 1 0 3 19. Rooted upland plants in streambed 3 2 1 0 3 20. Macrobenthos (note diversity and abundance) 0 1 2 3 0 21. Aquatic Mollusks 0 1 2 3 0 22. Fish 0 0.5 1 1.5 0 23. Crayfish 0 0.5 1 1.5 0.5 24. Amphibians 0 0.5 1 1.5 0 25. Algae 0 0.5 1 1.5 0 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5; Other = 0 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Stream S1 is an intermittent channel with weak, inconsistent baseflow and strong sinuousity within the channel. Large debris piles were observed along the banks of stream S1 and some leaf litter was observed within the pools of stream S1. Silt and clay substrate were observed within stream S1. No biology was observed; however, one crayfish burrow was observed along the channel of stream S1. North Carolina Division of Water Quality - Stream Identification Form, Version 4.11 Date: 4/20/2023 Pro ect/Site: Mebane Flea Market � Site North -Stream S2 (INT) Latitude: 36.074797 Evaluator: E. Radford, WPIT, CA; County: Orange County Longitude:-79.214853 C. Vinter (Kimley-Horn) Total Points: 27 Stream Determination circle one) Other Stream is at least intermittent Ephemer Intermittent Perennial e.g. Quad Name: Efland if >_ 19 or perennial if >_ 30 A. Geomorphology Subtotal = 10.5 Absent Weak Moderate Strong Score 1 a. Continuity of channel bed and bank 0 1 2 3 1 2. Sinuosity of channel along thalweg 0 1 2 3 2 3. In -channel structure: ex. riffle -pool, step -pool, ripple- poolsequence 0 1 2 3 1 4. Particle size of stream substrate 0 1 2 3 1 5. Active/relic floodplain 0 1 2 3 3 6. Depositional bars or benches 0 1 2 3 1 7. Recent alluvial deposits 0 1 2 3 1 8. Headcuts 0 1 2 3 0 9. Grade control 0 0.5 1 1.5 0 10. Natural valley 0 0.5 1 1.5 0.5 11. Second or greater order channel No = 0 Yes = 3 0 B. Hydrology Subtotal = 12. Presence of Baseflow 0 1 2 3 1 13. Iron oxidizing bacteria 0 1 2 3 2 14. Leaf litter 1.5 1 0.5 0 1 15. Sediment on plants or debris 0 0.5 1 1.5 1 16. Organic debris lines or piles 0 0.5 1 1.5 1 17. Soil -based evidence of high water table? No = 0 Yes = 3 3 C. Biology Subtotal = 7.5 18. Fibrous roots in streambed 3 2 1 0 2 19. Rooted upland plants in streambed 3 2 1 0 3 20. Macrobenthos (note diversity and abundance) 0 1 2 3 0 21. Aquatic Mollusks 0 1 2 3 0 22. Fish 0 0.5 1 1.5 0 23. Crayfish 0 0.5 1 1.5 0 24. Amphibians 0 0.5 1 1.5 0.5 25. Algae 0 0.5 1 1.5 0.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5; Other = 0 1.5 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Stream S2-INT is an intermittent stream located offsite and has weak, ponded baseflow. Stream S2-INT has weak bed and bank and an active floodplain. Sand and clay substrate were observed within the channel of stream S2-INT. Moderate amounts of iron oxidizing bacteria, some algae, and multiple young frogs were observed within stream S2-INT. North Carolina Division of Water Quality - Stream Identification Form, Version 4.11 Date: 3/8/2022 Pro ect/Site: Mebane Flea Market � Site North -Stream S2 (PER) Latitude: 36.074800 d, WPIT Evaluator: Count Orange County y• Longitude:-79.214892 horn,E. P S(Kimle J. Harshorn, PWS(Kimley-Horn) Total Points: 31.5 Stream Determination Other Stream is at least intermittent Ephemeral Intermitte Perennial e.g. Quad Name: Efland if >_ 19 or perennial if >_ 30 A. Geomorphology Subtotal = 15.5 Absent Weak Moderate Strong Score 1 a. Continuity of channel bed and bank 0 1 2 3 3 2. Sinuosity of channel along thalweg 0 1 2 3 2 3. In -channel structure: ex. riffle -pool, step -pool, ripple- poolsequence 0 1 2 3 3 4. Particle size of stream substrate 0 1 2 3 2 5. Active/relic floodplain 0 1 2 3 2 6. Depositional bars or benches 0 1 2 3 1 7. Recent alluvial deposits 0 1 2 3 1 8. Headcuts 0 1 2 3 0 9. Grade control 0 0.5 1 1.5 0.5 10. Natural valley 0 0.5 1 1.5 1 11. Second or greater order channel No = 0 Yes = 3 0 B. Hydrology Subtotal = 10 12. Presence of Baseflow 0 1 2 3 3 13. Iron oxidizing bacteria 0 1 2 3 1 14. Leaf litter 1.5 1 0.5 0 1 15. Sediment on plants or debris 0 0.5 1 1.5 1 16. Organic debris lines or piles 0 0.5 1 1.5 1 17. Soil -based evidence of high water table? No = 0 Yes = 3 3 C. Biology Subtotal = 18. Fibrous roots in streambed 3 2 1 0 3 19. Rooted upland plants in streambed 3 2 1 0 3 20. Macrobenthos (note diversity and abundance) 0 1 2 3 0 21. Aquatic Mollusks 0 1 2 3 0 22. Fish 0 0.5 1 1.5 0 23. Crayfish 0 0.5 1 1.5 0 24. Amphibians 0 0.5 1 1.5 0 25. Algae 0 0.5 1 1.5 0 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5; Other = 0 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Stream S2-PER is a perennial channel that originates offsite below S2-INT, briefly enters the project study area, and then continues to flow offsite to the east. Stream S2-PER has strong bed and bank, strong in -channel structure, and continuous baseflow. No biology was observed within stream S2-PER during the time of data collection.