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Home My WebLink About23-323 5255 Wake Forest Highway - final North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 September 20, 2023 DWR Project 23-323 Durham County James and Peggy Teachey P.O. Box 190 Pikeville, NC 27863 (Delivered via email: peggyteachey@aol.com) Subject: On-Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 02B .0714) Project Name: 5255 Wake Forest Highway Site Address / Location: 5255 Wake Forest Highway; Durham, NC 27703 Dear Mr. James and Ms. Peggy Teachey: On September 13, 2023, at the request of Elias Ruhl with Froehling & Robertson, Cherri Smith conducted an on-site review of the streams located on the subject property to determine the applicability of the above-noted state regulations. The Division of Water Resources has determined that the 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 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 35.978136, -78.785088 (outside of project boundary) Yes No Stream 2 (continued next page) Perennial Yes Stream 2 starts again on the southwest side of the wetland at 35.978774, - 78.785873 Stream 2 is subject as it enters the property, but then stops at Yes Yes DocuSign Envelope ID: 9EE891D4-978E-4890-8D6A-1AB4ABD84670 North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 DWR 23-323 5255 Wake Forest Hwy. Durham County Page 2 of 3 Stream ID E/I/P/ Other Subject to Buffer Rules Start @ Stop @ Depicted on Soil Survey Depicted on USGS Topo 35.9789809, -78.785580 where it becomes a wetland 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 waters, streams or ponds located on the property that do not appear on the maps or table referenced above. Any waters, streams, or ponds on the site, including the streams 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.us. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B. Sincerely, Vanessa E. Manuel Assistant Regional Supervisor Division of Water Resources – Raleigh Regional Office Department of Environmental Quality Enclosures: USGS Topographical Map published NRCS Soil Survey DocuSign Envelope ID: 9EE891D4-978E-4890-8D6A-1AB4ABD84670 North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 DWR 23-323 5255 Wake Forest Hwy. Durham County Page 3 of 3 Electronic cc: DWR, Raleigh Regional Office ebinkley@fandr.com DocuSign Envelope ID: 9EE891D4-978E-4890-8D6A-1AB4ABD84670 5255 Wake Forest Highway Durham County, NC-DWR Project # 23-323 :: Locations are approximate and are provided for refer- ence only :: NRCS Soil Survey Sheet Durham Co NC 1976 Legend: -project boundary Stream 1—Subject Stream 2—Subject Stream 2—Subject DocuSign Envelope ID: 9EE891D4-978E-4890-8D6A-1AB4ABD84670 5255 Wake Forest Highway Durham County, NC-DWR Project # 23-323 :: Locations are approximate and are provided for refer- ence only :: USGS Topographical Map Durham Quadrangle 2019 Legend: -Project boundary Stream 2—Subject Stream 2—Subject DocuSign Envelope ID: 9EE891D4-978E-4890-8D6A-1AB4ABD84670