20240678 Ver 2_ClydesPlaceMitigationSite2_Signed

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

August 9, 2024 Project 20240678 Version 2 Orange County Jordan Burbage, Project Manager Eco Terra, LLC [e-mail]
Subject: Determination for Applicability to the Jordan Buffer Rules 15A NCAC 02B .0267
Project Name: Clydes Place Mitigation Site #2
Address: 405 Bowden Road, Chapel Hill, NC
Location: Lat., Long: 35.890505, -79.131745 Dear Jordan Burbage: On July 18, 2024, Jennie Emmons of the Division of Water Resources (DWR) conducted an on-site review of feature(s) located on the Clyde’s Place Mitigation Bank Site #2 at the request of Eco Terra, LLC (Eco Terra) a to determine the presence of streams and the applicability of features on the site to the above noted state regulations. Jordan Burbage and Josh Sizemore, with Eco Terra, was present for the site visit. The Division of Water Resources has determined that the feature listed as “subject” in the table below and identified on the attached maps are shown on either the most recently published Orange County NRCS Soil Survey of and/or the USGS National Map at a scale that incorporates the National Hydrography Dataset High Resolution data at 1:24,000 scale. In addition, the features 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 Jordan 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. The enclosed map(s) depict the feature(s) evaluated and this information is also summarized in the table below.
Feature ID Feature Type* Subject to Buffer Rules Start @ Stop @ Depicted on Soil Survey Depicted on USGS Topo UT2 At least Intermittent Yes Downstream of pond outfall Confluence with Neville Creek Yes Yes * Stream (ephemeral, intermittent, perennial), Ditch, Swale, Wetland, Other
Docusign Envelope ID: 16EB57D7-FF74-46D7-9F36-7073CCE507BB
Page 2 of 2 Clyde’s Place Mitigation Site #2 DWR 20240678 V2

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 correspondence 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 - Division of Water Resources 401 & Buffer Permitting Branch Supervisor 1617 Mail Service Center Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.) Stephanie Goss - Division of Water Resources 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 Jennie Emmons at [e-mail] or 919-707-3633. This determination is subject to review as provided in G.S. 150B. Sincerely, Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Attachments: Site Map with labels, NRCS Soil Survey, USGS Topographical Map Electronic cc: DWR Central Office File
Docusign Envelope ID: 16EB57D7-FF74-46D7-9F36-7073CCE507BB
Neville Creek
Legend
t:J Proposed Conservation Easement: +/-6.16 Acres
Figure 1: USGS Topographic
Clyde's Place LLC Site 2
Cape Fear 02- 03030002
Orange County, North Carolina
35.890505, -79.131745
2022 USGS Topographic 3DEP I o 200 400 I.••••===:::] US Feet
Map edited by Jennie
Emmons - DWR
UT2
Neville Creek
Docusign Envelope ID: 16EB57D7-FF74-46D7-9F36-7073CCE507BB
t:J Proposed Conservation Easement: +/-6.16 Acres
Figure 2: NRCS Soil Survey
Clyde's Place LLC Site 2
Cape Fear 02- 03030002
Orange County, North Carolina
35.890505, -79.131745
2021 NRCS Soil Survey I o 200 400 I. ••••===:::] US Fee�
Neville Creek
UT2
Map edited by Jennie
Emmons - DWR
Docusign Envelope ID: 16EB57D7-FF74-46D7-9F36-7073CCE507BB
Legend
--Stream Centerline c:::J Proposed Conservation Easement+/- 7.01 Acres
Figure 4: Aerial
Clyde's Place LLC Site 2
Cape Fear 02- 03030002
Orange County, North Carolina
35.890505, -79.131745
2021 NC OneMap Statewide Orthoimagery I o 200 400 I.••••c:==::::J US Feet
Neville Creek
UT2
Map edited by Jennie
Emmons - DWR
Docusign Envelope ID: 16EB57D7-FF74-46D7-9F36-7073CCE507BB