20050949 Ver 3_Emails_20150317

Burdette, Jennifer a
From: Bryan Brice < Bryan @attybryanbrice.com>
Sent: Tuesday, March 17, 2015 12:23 PM
To: Cathy Cralle- Jones; Burdette, Jennifer a
Subject: RE: PEG Permit #SAW - 2007004137- Johnston County: Permit Modification Request/
DWQ #2005 -0949.
Il....aw Offices of P. (Bryan IBrice, Jr.
i27 W. Hargett St., Suite 600
Palleligh, NC 27601
Office:: (919)'754-1600
Fax: [phone]
www.attybryanbrice.com
Focusing on Environmental, Toxic Tort,
Condemnation, and Personal Injury Matters
I "his electronic rnail transmission has been sent by a lawyer. It may contain information that is confidential, privileged, proprietary, or otherwise legally exernpt ffrrarn
disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy, or disserninate this rnessade, any
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attorney client privilege, that may attach to this communication. "I "hank you for your cooperation.
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From: Cathy Cralle -Jones
Sent: Tuesday, March 17, 2015 12:00 PM
To: Burdette, Jennifer a
Cc: Bryan Brice
Subject: RE: PEG Permit #SAW- 2007004137 - 3ohnston County: Permit Modification Request/ DWQ #2005 -0949.
Thank you , Jennifer. We are starting to sweat the closing deadlines. I appreciate your response so much and look
forward to receiving your approval of the permit modification by the end of this week.
MM
Catherine Cralle Jones, Esq.
Law Offices of F. Bryan Brice, Jr.
127 W. Hargett St., Suite 600
Raleigh, NC 27601
(919) 754 -1600

[phone] (fax)
www.attybryanbrice.com
Focusing on Environmental, Toxic Tort, Condemnation andPersonal Injug 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
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that may attach to this communication. Thank you for your cooperation.
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From: Burclette, 3ennifer a [mailto:3ennifer.Burdette(a)ncdenr.go
Sent: Tuesday, March 17, 2015 11:58 AM
To: Cathy Cralle-3ones
Cc: Bryan Brice
Subject: RE: PEG Permit #SAW-2007004137-3ohnston County: Permit Modification Request/ DWQ #2005-0949.
Your request for a modification is under review. I don't anticipate any problem in completing the process by the end of
this week.
Jennifer Burclette
401 & Buffer Permitting Unit
NCDENR — Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
[phone] phone
0 [e-mail]
(Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9th Flr Archdale Bldg)
*Email correspondence to andfrom this address may be subject to the North Carolina Public Records Low and may be disclosed to
third parties unless the content is exempt by statute or other regulation. *
From: Cathy Cralle-3ones [mailto:Cathy(a)attybryanbrice.com]
Sent: Monday, March 16, 2015 4:36 PM
To: Burclette, 3ennifer a
Cc: Bryan Brice
Subject: RE: PEG Permit #SAW-2007004137-3ohnston County: Permit Modification Request/ DWQ #2005-0949.
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Catherine Cralle Jones, Esq.
Law Offices of F. Bryan Brice, Jr.
127 W. Hargett St., Suite 600
Raleigh, NC 27601
[phone]
[phone] (fax)
www.attybryanbrice.com
Focusing on Environmental, Toxic Tort, Condemnation andPersonal Injug 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.
P Please consider the environment before printing.
From: Cathy Cralle-Jones
Sent: Tuesday, March 10, 2015 2:59 PM
To: 'Jennifer Burdette ([e-mail])'
Cc: Bryan Brice
Subject: RE: PEG Permit #SAW-2007004137-Johnston County: Permit Modification Request/ DWQ #2005-0949.
Jennifer—I wanted to check in with you regarding the status of this Modification Request that was hand delivered to you
on January 30th. The USACOE public notice period ended today, so we are hoping to get both the 401 and 404
Modifications finalized as soon as possible. I would appreciate an update as to the status of this matter at your first
convenience.
Thank you,
Cathy
Catherine Cralle Jones,Esq.
Law Offices of F.Bryan Brice,Jr.
127 W. Hargett St., Suite 600
Raleigh,NC 27601
[phone]
[phone] (fax)
www.attybryanbrice.com
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.
P Please consider the environment before printing.
From: Cathy Cralle-Jones
Sent: Wednesday, January 28, 2015 12:23 PM
To: 'Jennifer Burdette ([e-mail])'
Cc: Bryan Brice; 'Shaeffer, David L SAW'
Subject: FW: PEG Permit #SAW-2007004137-Johnston County: Permit Modification Request/ DWQ #2005-0949.
Importance: High
Jennifer—
I am forwarding for your reference the email and attachments I just sent to USACOE in response to their request for
additional information to support our permit extension/modification request that is currently under review and should
be going out for public comment before the end of the week. The modification request was initially sent to USACOE on
November 26, 2014 and so is being treated as timely request for extension of the Permit. David Shaeffer is handling the
matter for USACOE and is copied on this email.
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I am in the process of preparing our request for Modification of the 401 Permit, but I wanted to double check with you
first regarding process and fees. The total impact to wetlands will be 1.68 rather than 1.53 as currently permitted,
equaling a net increase of 0.15 acres. (This "increase"is actually a result of corrected survey numbers rather than a
change in the footprint of the site plan). I am assuming that for this+0.15 change, we will need to submit a fee of
$240. In light of the planned and previously approved mitigation of 30.925 acres of wetland preservation off-site, in
addition to the .447 acres preserved on-site (resulting in a mitigation ratio of 18.4:1),this adjustment of+0.15 acres may
be considered as a de minimus change not requiring substantial review. Please confirm.
Also, we plan to provide a letter(similar to the attached) explaining the basis of the request for modification, with the
Site Plan with Wetlands overlay. Do five (5) hard copies of these materials need to be delivered to your office (as would
be required for an application), or is an email submission sufficient for a modification?
Thank you for your guidance. As we are laboring under critical commitment deadlines from the lender and delivery
deadlines by lessees,time is of the essence and I would like to ensure that I provide you everything you need at once in
the modification request. I look forward to hearing from you and moving this project to final closure once and for
all. Thanks again,
Cathy
Catherine Cralle Jones,Esq.
Law Offices of F.Bryan Brice,Jr.
127 W. Hargett St., Suite 600
Raleigh,NC 27601
[phone]
[phone] (fax)
www.attybryanbrice.com
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.
P Please consider the environment before printing.
From: Cathy Cralle-Jones
Sent: Wednesday, January 28, 2015 11:42 AM
To: 'Shaeffer, David L SAW'
Cc: Jean Manuel ([e-mail]); Bryan Brice; 'Bill Misiaveg'; 'John Shallcross Jr'
Subject: PEG Permit #SAW-2007004137-Johnston County: Permit Modification Request
Importance: High
David,
Attached please find our letter addressing the issues you raised in our telephone conference regarding the permit
modification request. We believe that this information should address any remaining questions, but if not, please let us
know as soon as possible as time is of the essence in this matter.
Also attached are: the Site Plan, dated 12.17.2014 as submitted to the Town of Smithfield and to NCDENR; and the
Wetlands Delineation Survey, dated 12.24.07, rev'd 10.31.07 with the Site plan overlaid. A final draft of the Mitigation
Plan is in review to be sure that all of the numbers re impacted and preserved wetlands on-site are consistent
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throughout the permit modification request. Once the revisions have been approved, I will forward a final approved
copy to you.
Thank you for your help with this matter. Please let me know if you have any further questions.
Cathy
Catherine Cralle Jones,Esq.
Law Offices of F.Bryan Brice,Jr.
127 W.Hargett St., Suite 600
Raleigh,NC 27601
[phone]
[phone] (fax)
www.attybryanbrice.corn
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.
P Please consider the environment before printing.
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