20050949 Ver 2_Public Notice_20121107

Dennison, Laurie
From:
Karoly, Cyndi
Sent:
Wednesday, November 07, 2012 4:28 PM
To:
Dennison, Laurie
Cc:
Kulz, Eric
Subject: FW: Partners Equity Public Notice
More sorry — I've been to the site with Danny Smith already, years ago. We really don't need to indulge more of RRO's
time either.
From: Karoly, Cyndi
Sent: Wednesday, November 07, 2012 4:26 PM
To: Dennison, Laurie
Cc: Kulz, Eric
Subject: RE: Partners Equity Public Notice
Laurie — we had decided to keep this request under version 2 and keep it simple. They're really not revising the project
itself, but rather the mitigation condition. We'll need to take this one to Chuck for his approval. We all really want to
get this one wrapped up as simply as possible. I've discussed with Karen — I'm keeping her out of direct involvement.
She's got too much else going, and this project has a long bizarre history dating to the mid -90's.
From: Dennison, Laurie
Sent: Wednesday, November 07, 2012 2:27 PM
To: Karoly, Cyndi
Subject: Partners Equity Public Notice
Cyn —
Received PN today. Will this be a Ver 3 to DWQ 05 -0949? 1 assume we'll be getting sets & fee?
Thanks, Laurie
Laurie Dennison
Administrative Assistant
(919) 807 -6303
Wetlands, Buffers, and Stormwater, Compliance and Permitting Unit (WEBSCAPE)
NCDENR /Division of Water Quality - Wetlands and Stormwater Branch
Mailing address: 1650 Mail Service Center Raleigh NC 27699 -1650
Physical location: 512 N Salisbury St 9th FL Archdale Bldg Raleigh NC 27604 -1170
Fax line: (919) 807 -6494
Website: www.ncwaterguality.orR
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties unless the content is exempt by stature or other regulation.
1

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Dennison, Laurie
From: Thames, Joyce A SAW [Joyce.A Thames @usace.army.mil]
Sent: Wednesday, November 07, 2012 1:49 PM
To: Brown, Thomas L SAW; James, Lisa M SAW
Subject: US Army Corps of Engineers Public Notice (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Thank you for subscribing to the US Army Corps of Engineers Wilmington District Public Notice
Email Service.
A Public Notice from the Regulatory Program announcing the following is available on our web
site, on our "Current Notices" web page:
http: / /www.saw.usace. army .mil /Wetlands /Notices /Current notices.html.
The current notice involves:
Corps Action ID #: SAW- 2007 -04137
Issue Date: November 07, 2012
Applicant: Partners Equity Group, LLC
Project Name: Partners Equity Group, LLC/ Mr. John Shallcross, Jr.
Expiration Date: November 23, 2012
Point of Contact: Thomas Brown
The Wilmington District, Corps of Engineers (Corps) has received an application for a
modification to an existing permit from Partners Equity Group seeking Department of the
Army authorization to mitigate for permitted impacts to 1.53 acres of non riparian
wetlands by preserving 32 acres of riparian wetlands in Johnston County, North Carolina.
The applicant is also requesting the removal of a condition requiring the remaining
wetlands on site to be preserved by restrictive covenants.
Notices are posted in PDF format. These can be viewed using the free Adobe Reader. If you
wish to unsubscribe to these Notices at any time, please visit the Public Notice subscription
page at the following web address:
http: / /www.saw.usace.army.mil/ WETLANDS /notices /`PublicNotice.asp
Classification: UNCLASSIFIED
Caveats: NONE
1

115- 09qgv'Z-
Issue Date: November 7, 2012
Comment Deadline: November 23, 2012
Corps Action ID #: SAW - 2007 -04137
The Wilmington District, Corps of Engineers (Corps) has received an application for a
modification to an existing permit from Partners Equity Group seeking Department of the
Army authorization to mitigate for permitted impacts to 1.53 acres of non riparian
wetlands by preserving 32 acres of riparian wetlands in Johnston County, North Carolina.
The applicant is also requesting the removal of a condition requiring the remaining
wetlands on site to be preserved by restrictive covenants.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at www.saw.usace. army, millwetlands
Applicant: Partners Equity Group
Mr. John Shallcross Jr.
Post Office Box 1524
Smithfield, NC 27577
Agent: Law Offices of F. Bryan Brice, Jr.
Mr. Bryan Brice
5 W. Hargett St., Suite 200
Raleigh, NC 27601
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures Section 404 of the
Clean Water Act.
Location
The project site is located north of Industrial Park Drive and east of South Equity Drive,
north of the intersection of US Hwy 70 Business and I -95, Smithfield, Johnston County,
North Carolina. The site coordinates are 35.5066° N, 78.3215° W. The site is located
within a 50.9 acre watershed that drains to Polecat Branch, which is a tributary to a
navigable reach of the Neuse River Basin (HUC 03020201) and the Atlantic Ocean.
ivE
NOV 072012

Existing Site Conditions
The 45.3 acre site is comprised of 19 commercial lots and associated transportation/utility
infrastructure, configured and developed as originally proposed in the early 1990s.
General land use in the immediate vicinity is commercial /retail, resulting in
approximately 60% of the area being comprised of impervious surface. The project site is
currently undeveloped and vegetated with grass, briers, sparsely planted tree saplings and
several mature trees along the property boundary. The wetland type is a wet, pine flat.
The site drains through a series of ditches constructed throughout the project to Polecat
Branch.
Applicant's Stated Purpose
The overall purpose of this project is to complete a commercial and light industrial
development to achieve a balance of community goals and market dynamics for this
highly commercialized corridor bordering Interstate 95, east of Smithfield, NC,
Project Description
The permitted project involves the placement of fill material into 1.53 acres of the
remaining 2.64 acres of wetlands located on the original 45.3 acre development. The
proposed project would require the discharge of 44,443 cubic yards of fill material in
conjunction with the filling and grading of the subject lots for the proposed construction
of retail or commercial development and their associated parking.
The original permit required the applicant to mitigate at a 2:1 ratio for impacts to non -
riparian wetlands, and a 1:1 ratio for impacts to a mitigation site associated with AID
1997 - 08043, by payment to the NC EEP in the amount determined by NC EEP, sufficient
to perform restoration of 4.59 acres of non riparian wetlands in the Neuse River Basin,
Cataloging Unit 03 02020 1. The applicant is requesting to modify this condition due to
financial constraints.
The applicant has proposed 3 mitigation options that are determined to be financially
feasible and practicable for the applicant. These options are listed below.
Option 1: Applicant's preferred mitigation method.
The applicant proposes preservation of approximately 32 acres adjacent to the
Rudolph Buffer/Nutrient Offset Mitigation Site which is located approximately 12.4
miles from the project site in Johnston County in the Upper Neuse River Basin within
the USGS HUC 03020201. This would result in a mitigation ratio of 6.9 to 1.
The proposed preservation site contains approximately 31 acres of a mixture of
Headwater Wetlands and Bottomland Hardwood Forest riparian wetlands. Water
from the site drains through existing channelized ditches flowing to Moccosin Creek,
a tributary of the Neuse River. This proposed preservation area is within a 48.3 acre
2

property that contains stream features and some wetland area that may be proposed to
be further enhanced /restored and connected to these wetlands. The areas that may be
proposed for future mitigation are not within the applicant's proposed preservation
area. An adjacent 15 -acre site located southwest of the proposed preservation site was
clear cut approximately 5 years ago. A review of the area by Corps personnel
determined that potential enhancement of this area would be difficult due to the
extensive modification of the area by beaver activity.
Option 2:
The applicant proposes to purchase 1.5 credits from the Casey -King Site and 5 credits
from the Tull /Wooten Ii Site of the EBX Neu Con Umbrella Mitigation Bank. These
sites are located in the adjacent HUC, 03020202. This would result in an additional
ratio of 1.4 to I due to the mitigation being in an adjacent HUC.
The Casey -King and Tull /Wooten Mitigation Sites are approximately 50 miles to the
east of the project site.
Option 3:
The applicant proposes payment to the NC EEP in the amount determined by NC
EEP, sufficient to perform restoration of 0.5 acre of wetlands in the Neuse River
Basin, Cataloging Unit 03020201. Additionally, the applicant proposes to purchase 4
credits from the EBX Neu Con Umbrella Mitigation bank in the adjacent HUC,
03020202. This would result in an additional ratio of 0.98 to 1.
The applicant stated that due to the NC EEP tiered system for the Neuse 01 HUC, the
changed circumstances from the time of the original permit issued in 2009 and the
subsequent real estate market crash, that purchase from.that program of anything more
than half a credit not practicable. Similarly, the applicant stated that it is not practicable
to purchase a half credit from EEP and some smaller portion of preservation from the
proposal in Option 1, as the property owner is not willing to sell only a portion of the
preservation property. The applicant has also studied enhancement of a 15 acre site
adjacent to the proposed mitigation site, but determined this to be not feasible due to
beaver activity, and cost.
The permit also requires the applicant to place the remaining wetlands on site in
preservation by method of Restrictive Covenants. The applicant is requesting to remove
this condition, due to concerns about trees and the integrity of the buildings and adjacent
properties.

Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision until
the North Carolina Division of Water Quality ( NCDWQ) issues, denies, or waives State
certification required by Section 401 of the Clean Water Act (PL 92 -500). The receipt of
the application and this public notice combined with appropriate application fee at the
North Carolina Division of Water Quality central office in Raleigh will constitute initial
receipt of an application for a 401 Water Quality Certification. A waiver will be deemed
to occur if the NCDWQ fails to act on this request for certification within sixty days of
the date of the receipt of this notice in the NCDWQ Central Office. Additional
information regarding the Clean Water Act certification may be reviewed at NC DWQ
Central Office, 512 North Salisbury, Floor 9, Raleigh, North Carolina 27604 -1170. All
persons desiring to make comments regarding the application for certification under
Section 401 of the Clean Water Act should do so in writing delivered to the North
Carolina Division of Water Quality ( NCDWQ), 1650 Mail Service Center, Raleigh,
North Carolina 27699 -1650 Attention; Ms. Karen Higgins by November 23, 2012.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson- Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and /or could be affected by the proposed
work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant. Based on this available information, the Corps has determined pursuant to the
Endangered Species Act of 1973, that the proposed project will have no effect on
federally listed endangered or threatened species or their formally designated critical
habitat.
11

Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidate State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and /or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the continent period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until 5pm, November 23, 2012.
Continents should be submitted to Mr. Thomas Brown, 3331 Heritage Trade Dr., Suite
105, Wake Forest, NC 27587 or to Thomas.L.Brown a,usace.ami .mil. Should you have
any specific questions regarding this project, please do not hesitate to contact Mr. Brown
at (919) 554 -4884, Ext. 22.

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