23-076 Ver 1_Buffer and/or Stream Determination_20230320

DocuSign Envelope ID: 137FB4C9-OE61-4lE2-90OC-27D5F7939OD4
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Horton Park Investments, LLC
6908 North Ridge Drive
Raleigh, NC 27615
NORTH CAROLINA
Environmental Quality
March 20, 2023
Subject: Buffer Determination Letter
NBRRO #23-076
Wake County
Determination Type
Buffer
Intermittent/Perennial
® Neuse (15A NCAC 2B .0714)
❑ Tar -Pamlico (15A NCAC 2B .0734)
❑ Intermittent/Perennial Determination (where local
buffer ordinances apply)
❑ Jordan (15A NCAC 2B .0267) (governmental
and/or interjurisdictional projects)
Project Name:
Address/Location
Stream(s):
Horton Park Road Buffers
5101 Jessie Drive, Apex, NC 27539
Middle Creek
Determination Date: 03/14/2023
Staff: Joe Myers
Feature
E/I/P(')
Not (2)
Subject
Subject
Start @
Stop @
Soil
Survey
USGS
To o
C
I
X
Subject Throughout
X
D
I
X
Subject Throughout
X
X
E
E
X
X
F
I
X
DWR F: Start 35.698872,-78.815483
Stop: Off Property
X
G
I
X
Subject Throughout
X
H
I
X
Subject Throughout
X
X
(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)/pond(s) listed above has been located on the most recent published NRCS Soil Survey
of Wake County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale.
Each feature that is checked "Not Subject' has been determined to not be an intermittent stream, perennial stream, a
pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked
"Subject" have been located on the property and possess characteristics that qualify them to be subject to the buffer
rules. There may be other streams located on the property that are not depicted on the maps referenced above and
are therefore not subject to the buffer rules. However, if the stream features are present on the tract, they are subject

DocuSign Envelope ID: 137FB4C9-OE61-4lE2-90OC-27D5F7939OD4
Horton Park Road Buffers
Wake County
03/20/2023
Page 2 of 2
to all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 02B,
and 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 DWR 401 & Buffer
Permitting Supervisor, DWR — 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-
1617. If sending via delivery service (UPS, FedEx, etc.): DWR 401 & Buffer Permitting Supervisor, DWR — 401
& Buffer Permitting Unit, 512 N. Salisbury Street, Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, 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 Joe Myers at [phone].
Sincerely,
Docuftned by:
V" ,SSa. f.
B2916E6AB32144F...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Laserfiche
jharveyksandec,com
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Noan.cnaou D EQI.
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Oepa�hnml N EnWrunmenlal Oual�
North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628
919.791.4200

DocuSign Envelope ID: 137FB4C9-OE61-41E2-90OC-27D5F7939OD4
#23-076
Horton Park Road Buffers
Wake County
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Locations are approximate
and are provided for refer-
ence only ::

DocuSign Envelope ID: 137FB4C9-OE61-41E2-90OC-27D5F7939OD4
#23-076
Horton Park Road Buffers
Wake County
2
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Legend:
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-Approximate Start/Stop Point
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Locations are approximate
and are provided for refer-
ence only