20050949 Ver 2_More Info Received_20121127

Strickland, Bev
From: Bryan Brice [Bryan @attybryanbrice.com]
Sent: Tuesday, November 27, 2012 12:28 PM
To: Kulz, Eric
Cc: norton @ebxusa.com; Higgins, Karen; Brown, Thomas L SAW; Tugwell, Todd SAW;
Strickland, Bev; Karoly, Cyndi
Subject: RE: Lots 18 and 19 of Partners Equity Group Property - Johnston County ( #05 -0949 v2)
Thanks Eric, we will compile this for you as a package, and appreciate your response. Thomas,
could you moot at Lot 18 /19 anytime this Wool? Thanks, hryan
Law Offices of F. Bryan Brice, Jr.
5 W. Hargett St., Suite 200
Raleigh, NC 27601
Office: (919) 754 -1600
Fax: [phone]
Focusing on Environmental, Toxic Tort,
Condemnation, and Personal Injury Matters
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consider WA, Please o before printing
From: Kulz, Eric [mailto:eric.kulz @ncdenr.gov]
Sent: Tuesday, November 27, 2012 12:04 PM
To: Bryan Brice
Cc: norton @ebxusa.com; Higgins, Karen; Brown, Thomas L SAW; Tugwell, Todd SAW; Strickland, Bev; Karoly, Cyndi
Subject: RE: Lots 18 and 19 of Partners Equity Group Property - Johnston County ( #05 -0949 v2)
As far as DWQ is concerned we are looking for a brief document that compiles the most updated figures under one
dated cover letter and answers the various questions included in my previous email. That will give us one document
that we can wrap into the approval.
As far as the on -site wetland issue, please let me know what dates are being considered and I can try to schedule.
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties

From: Bryan Brice [mailto:Bryan attybryanbrice.com]
Sent: Tuesday, November 27, 2012 11:57 AM
To: Kulz, Eric
Cc: norton(a)ebxusa.com; Higgins, Karen; Brown, Thomas L SAW; Tugwell, Todd SAW; Strickland, Bev; Karoly, Cyndi
Subject: RE: Lots 18 and 19 of Partners Equity Group Property - Johnston County ( #05 -0949 v2)
Thomas, possible to meet r - project site in Smithfiel• r -• -- a,
to have a final discussion about - r - wetland area that will remain, and we have
drainage question we want to make sure we have nailed down so this can all move forward
impact. without any more "issues" to resolve. We can meet out there anytime this week, would no
Again, I greatly appreciate everyone's help and hard work in assisting with this modification
At the end of the day, I think this is a nice, large chunk of preservation connected to a I
r we will work to finalize things over the next week or • sothe projecl
• • • Flagays M.
Law Offices of
Hargett - 200
Raleigh, • 27601
• 754-1600
Fax: [phone]
Focusing on Environmental, Toxic Tort,
Condemnation, and Personal Injury Matters
This electronic mail transmission has been sent by a lawyer. It may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from
disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy, or disseminate this message, any
part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from your system without reading the
content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the
attorney- client privilege, that may attach to this communication. Thank you for your cooperation.
consider WA, Please o before printing
From: Kulz, Eric [mailto:eric.kulz(a)ncdenr.aov]
Sent: Tuesday, November 27, 2012 11:31 AM
To: Bryan Brice
Cc: norton(a)ebxusa.com; Higgins, Karen; Brown, Thomas L SAW; Tugwell, Todd SAW; Strickland, Bev; Karoly, Cyndi
Subject: Lots 18 and 19 of Partners Equity Group Property - Johnston County ( #05 -0949 v2)
Bryan
N

Cyndi Karoly and I visited the proposed wetland preservation site (along with Todd Tugwell and Thomas Brown with
USACE and EBX representatives) which is intended to be used to provide compensatory wetland mitigation for the
above - referenced project. It was determined by DWQ during the site visit that the preservation of approx. 31 acres of
riparian wetlands at the EBX Rudolph property will provide satisfactory compensatory mitigation for the 401 Water
Quality Certification for the project.
A number of different figures showing the preservation property and its features have been provided by you in your
Modification Request letters dated October 30 and November 1, 2012, as well as additional figures provided during the
site visit.
Please provide DWQ with a Final Compensatory Mitigation Plan including the most updated figures (with dates
prepared), an accurate determination of the acreage of the preservation, and the expected date of execution of the
perpetual conservation easement for the property, as well as verification of the stewardship entity that will be providing
stewardship for the property.
Upon receipt and review of this Final Mitigation Plan, DWQ will issue the Approval of the 401 Water Quality Certification
Modification, which will reflect the change in compensatory mitigation used to offset the permitted impacts. The final
plan will be referenced in the approval letter and revised certification.
Please contact me if you have any questions or require clarification regarding this request.
Thanks
Eric W. Kulz
Environmental Senior Specialist
N.C. Division of Water Quality
Wetlands, Buffers, Stormwater - Compliance & Permitting Unit
1650 MSC
Raleigh, NC 27699 -1650
Phone: [phone]
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties