Bi-Lo Infinity LLC Site

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

April 28, 2022

LWY Infinity & Boulevard Tower Properties, Inc.
1900 Torrington Street
Raleigh, NC 27615

DFS Investment Partners, LLC
PO Box 654
Bernardsville, NJ 07924
Subject: Buffer Determination Letter
NBRRO #22-125
Durham County

Determination Type:
Buffer Intermittent/Perennial
Neuse (15A NCAC 2B .0714)
Tar-Pamlico (15A NCAC 2B .0734)
Jordan (15A NCAC 2B .0267)
(governmental and/or interjurisdictional
projects)

Intermittent/Perennial Determination
(where local buffer ordinances apply)

(1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable
(2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to
applicable water quality standards and permitting requirements.

Explanation: The stream(s) listed above been located on the most recent published NRCS Soil Survey of
Durham County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000
scale. Each stream that is checked “Not Subject” has been determined to not be at least intermittent or is
not present. Streams that are checked “Subject” have been located on the property and possess
Project Name Bi-Lo Infinity LLC Site

Address/Location HWY 501 & 201 Infinity Road, Durham
Stream(s): Eno River

Determination Date: April 26, 2022 Staff: Stephanie Goss

Feature E/I/P
(1)
Not
Subject
(2)
Subject Start @ Stop @ Soil
Survey
USGS
Topo
A NP X Not present 50 feet from property
boundary X
DocuSign Envelope ID: 9A275C2A-A289-40F2-8A21-D56F701E9672
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
Bi-Lo Infinity LLC Si te Durham County Page | 2

characteristics that qualify it to be at least an intermittent stream. There may be other streams located on
the property that do not show up on the maps referenced above but may be considered jurisdictional
according to the US Army Corps of Engineers.

This on-site determination shall expire five (5) years from the date of this letter. Landowners or
affected parties that dispute a determination made by the DWR may request a determination by
the Director. An appeal request must be made within sixty (60) days of date of this letter. A
request for a determination by the Director shall be referred to the Director in writing. If sending
via US Postal Service: c/o Paul Wojoski; DWR – 401 & Buffer Permitting Unit; 1617 Mail Service
Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Paul Wojoski;
DWR – 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604.

This determination is final and binding unless, as detailed above, unless an appeal is requested
within sixty (60) days.

This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should
be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.

If you have questions regarding this determination, please feel free to contact Stephanie Goss at (919)
791-4256.

Sincerely,

Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

cc: RRO DWR File Copy/Laserfiche
Steven Ball, Soil and Environmental Consultants, PA (via email)

DocuSign Envelope ID: 9A275C2A-A289-40F2-8A21-D56F701E9672
A: Not present;
Not Subject
DocuSign Envelope ID: 9A275C2A-A289-40F2-8A21-D56F701E9672

NC Center for Geographic Information & Analysis
Project Number:
SB
Project Manager:
1" = 1000'Scale:
11/16/2021Date:
Map Title:
Source:
Figure 1 - USGS
BiLo/Infinity LLC Site
Durham County, NC
2019 USGS Northwest
Durham Quad
¯0 1,000 2,000
Feet
14886.W1
DocuSign Envelope ID: 9A275C2A-A289-40F2-8A21-D56F701E9672