20231616 Ver 1_Determination Letter_20240110

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

January 10, 2024

Project 20231616 Version 1
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: Hazel’s Ford Mitigation Bank
Address: 2332 Dairyland Road, Chapel Hill, NC
Location: Lat., Long: 35.965371, -79.136993

Dear Jordan Burbage:

On December 20, 2023, Blake Hartshorn of the Division of Water Resources (DWR) conducted
an on-site review of feature(s) located on the Hazel’s Ford Mitigation Bank Site at the request
of Eco Terra to determine the presence of streams and the applicability of features on the site
to the above noted state regulations. Jordan Burbage with Eco Terra was present for the site
visit.

The Division of Water Resources has determined that the features 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
Morgan
Creek At least Intermittent Yes
Western
property
boundary
Southeastern
property
boundary
Yes Yes
S1 At least Intermittent No
Northern
property
boundary
Confluence
with Morgan
Creek
Yes No
* Stream (ephemeral, intermittent, perennial), Ditch, Swale, Wetland, Other
DocuSign Envelope ID: 5D443DD6-3CE8-4DB2-9F89-F653DFD0E36B
Page 2 of 2
Hazel’s Ford Mitigation Bank
DWR 20231616 V1

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 Shelton
Sullivan at [e-mail] or 919-707-3684. 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: 401 & Buffer Permitting Branch, Laserfiche File 20231616 V1
DWR Raleigh Regional Office, via email
Landowners: Michael Cheek and Jennifer Fenton

DocuSign Envelope ID: 5D443DD6-3CE8-4DB2-9F89-F653DFD0E36B
Morgan Creek
S1
DocuSign Envelope ID: 5D443DD6-3CE8-4DB2-9F89-F653DFD0E36B
Morgan Creek
S1
DocuSign Envelope ID: 5D443DD6-3CE8-4DB2-9F89-F653DFD0E36B
Morgan Creek
S1 is not represented on USGS Map
DocuSign Envelope ID: 5D443DD6-3CE8-4DB2-9F89-F653DFD0E36B