23-333 Running Fox Townhomes - 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 27, 2023

DWR Project 23-333
Durham County
SJ Pines, LLC
Attn: Judy Oh
P.O. Box 342472
Bethesda, MD 20827
(Delivered via email: ([e-mail])

Subject: On-Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 02B .0714)

Project Name: Running Fox Townhomes
Site Address / Location: 5500 Running Fox Lane; Durham, NC 27703

Dear Ms. Oh:

On September 27, 2023, at the request of Jamie Guerrero with Morris and Ritchie Associates of NC,
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 Determination Subject to
Buffer Rules Start @ Stop @ Depicted on
Soil Survey
Depicted on
USGS Topo
Stream A Not Present No Yes No
Stream B Intermittent Yes 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
DocuSign Envelope ID: C8918CB1-2D4E-468A-9556-9DADE5CE7E6E

North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

DWR 23-333
Running Fox Townhomes
Durham County
Page 2 of 2

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 [e-mail]. 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

Electronic cc: DWR, Raleigh Regional Office
[e-mail]

DocuSign Envelope ID: C8918CB1-2D4E-468A-9556-9DADE5CE7E6E
5500 Running Fox Lane
Durham County, NC-DWR Project # 23-333

:: Locations are approximate
and are provided for refer-
ence only ::
NRCS Soil Survey Sheet
Durham Co NC 1976
Legend:
-project boundary
Stream A—Not Subject
Stream B—Subject
DocuSign Envelope ID: C8918CB1-2D4E-468A-9556-9DADE5CE7E6E
5500 Running Fox Lane
Durham County, NC-DWR Project # 23-333

:: Locations are approximate
and are provided for refer-
ence only ::
USGS Topographical Map
Durham Quadrangle 2019
Legend:
-Project boundary
Streams A and B—Not Depicted
DocuSign Envelope ID: C8918CB1-2D4E-468A-9556-9DADE5CE7E6E