HomeMy WebLinkAbout24-104 North Driver St - final
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200
April 3, 2024
DWR Project 24-104
Durham County
KDKR Properties LLC
Attn: Kevin Davis
206 N. Dillard St.
Durham, NC 27701
(Delivered via email: (kevin@calculuscommercial.com)
Subject: On-Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 02B .0714)
Project Name: North Driver Street
Site Address / Location: 1208, 1210, 1212, and 1214 N. Driver St.; Durham, NC 27701
Dear Mr. Davis:
On April 3, 2024, Cherri Smith, at the request of Kate Sevick with Three Oaks Engineering, 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 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.
Ellerbe Creek
Stream ID Determination Subject to Buffer
Rules Start @ Stop @ Depicted on
Soil Survey
Depicted on
USGS Topo
A1 Not Present No Yes No
A2 Perennial Yes Downstream end of
culvert on Juniper St. Yes No
B Intermittent Yes Yes No
DocuSign Envelope ID: 02F96F14-223E-4519-8E34-F847E018E97F
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200
DWR 24-104
North Driver St.
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
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 - 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.gov. This determination is subject to review as provided in Articles 3 &
4 of G.S. 150B.
Sincerely,
Michael Hall
Regional Supervisor
Division of Water Resources, Raleigh Regional Office
Department of Environmental Quality
Enclosures: USGS Topographical Map
published NRCS Soil Survey
Electronic cc: Laserfiche
kate.sevick@threeoaksengineering.com
DocuSign Envelope ID: 02F96F14-223E-4519-8E34-F847E018E97F
1208, 1210, 1212, & 1214 North Driver Street
Durham County, NC-DWR Project # 24-104
:: Locations are approximate
and are provided for refer-
ence only ::
NRCS Soil Survey Sheet
Durham Co NC 1976
Legend:
-project boundary
Stream A1– Not Subject
Stream A2—Subject
Stream B—Subject
DocuSign Envelope ID: 02F96F14-223E-4519-8E34-F847E018E97F
1208, 1210, 1212, & 1214 North Driver Street
Durham County, NC-DWR Project # 24-104
:: Locations are approximate
and are provided for refer-
ence only ::
USGS Topographical Map
Durham Quadrangle 2019
Legend:
-Project boundary
Streams A1, A2, and B– Not Depicted
DocuSign Envelope ID: 02F96F14-223E-4519-8E34-F847E018E97F