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Home My WebLink About23-285 2605 2607 and 2609 Winburn Ave - 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 August 9, 2023 DWR Project 23-285 Durham County Ty Newman P.O. Box 52286 Durham, NC 27717 (Via email: ty@newmanlandco.com) Subject: On-Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 02B .0714) Project Name: 2605, 2607, and 2609 Winburn Ave. Site Address / Location: 2605, 2607, and 2609 Winburn Ave.; Durham, NC 27704 Dear Mr. Newman: On August 2, 2023, at the request of Kate Sevick with Three Oaks Engineering, Cherri Smith conducted an on-site review of streams located on the subject properties to determine the applicability of the above-noted state regulations. The Division of Water Resources has determined that the stream listed in the table below and identified on the attached maps is 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 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 A P Yes – throughout property Yes Yes Stream B I Yes -78.850317, 36.012669 Yes No *E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable DocuSign Envelope ID: 4DAB6DC0-8A54-4229-8FBC-C1FA53919B86 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 23-285 Durham 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, Vanessa E. Manuel, Assistant 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: DWR, Raleigh Regional Office Kate.Sevick@threeoaksengineering.com DocuSign Envelope ID: 4DAB6DC0-8A54-4229-8FBC-C1FA53919B86 2605, 2607, and 2609 Winburn Avenue Durham County, NC-DWR Project # 23-285 :: Locations are approximate and are provided for refer- ence only :: NRCS Soil Survey Sheet Durham Co NC 1976 Legend: -project boundary Stream A—Subject Stream A—Subject Stream B—Subject DocuSign Envelope ID: 4DAB6DC0-8A54-4229-8FBC-C1FA53919B86 2605, 2607, and 2609 Winburn Avenue Durham County, NC-DWR Project # 23-285 :: Locations are approximate and are provided for refer- ence only :: USGS Topographical Map Durham Quadrangle 2019 Legend: -Project boundary Stream A –Subject Stream B—Not Depicted DocuSign Envelope ID: 4DAB6DC0-8A54-4229-8FBC-C1FA53919B86