20050949 Ver 1_Denial Letter_20060306

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March 6, 2006
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
DWQ#: 2005-0949
Johnston County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. John Shallcross, Jr.
Partner's Equity Group
PO Box 1089
Smithfield, NC 27577
Subject: Denial of Request for 401 Water Quality Certification
Residential Fill..#t Lots 18 & 19 at the Partner's Equity Group Subdivision
Johnston County
Dear Mr. Shallcross:
Your application for a Water Quality Certification under Section 401 of the Federal Clean Water Act was
received on June 1, 2005, with more information received by the DWQ on June 17, 2005, August 8,
2005, November 11, 2005, and January 11, 2005. The activity for which the Certification is requested is
to allow fill in 1.9 acres of wetlands located on Lots 18 & 19 in the Partner's Equity Group Subdivision
located on the west side of SR2398 (Industrial Park Road), approximately 0.5 miles north of NC
Highway 70 Business, immediately north of Interstate 95 in Johnston County, North Carolina. A Water
Quality Certification represents a determination by the Division that the activity, for which the federal
permit or license is being required, is not expected to result in a violation of state water quality standards
for Waters of the State.
After a thorough site inspection of your property and review of your submittals, our staff has determined
that lots (10, 11, 18, & 19), in accordance with 15A NCAC 2H .0500, have Deed Restrictions and
Protective Covenants (Book 1931, Page 654, dated April 12, 2000), which state:
"1....A portion of lots 10, 11, 18 and 19 have been determined to meet the requirements for designation
as a regulatory wetland. Any subsequent fill or alteration of this wetland shall conform to the
requirements of the state wetland rules adopted by the State of North Carolina in force at the time of the
proposed alteration. The intent of this provision is to prevent additional wetland fill, so the property
owner should not assume that a future application for fill would be approved... This covenant is intended
to ensure continued compliance with wetland rules adopted by the State of North Carolina and therefore
benefits may be enforced by the State of North Carolina. This covenant is to run with the land and shall
be binding on all parties and all persons claiming under them."
None
ofthCarolina
Nawrallry
North Carolina Division of Water Quality 225 Green Street - Suite 714 Fayetteville, NC 28301-5043 Phone [phone] Customer Service
Internet: h2o.enr.state,nc.us FAX [phone]
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