20050949 Ver 2_More Info Received_20080529

LAW OFFICES OF
F. BRYAN BRICE, JR.
ATTORNEYS AT LAW
19 W. HARGETT ST.
SUITE 600
RALEIGH, NC 27601
May 28, 2008
Jean Manuel
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Dr., Suite 105
Wake Forest, NC 27587
Re: Partners Equity Group
PEG 404 Permit (1.67 acre impact)
Smithfield, NC Johnston County
Dear Jean,
Telephone: [phone]
Facsimile: 919-832-0301
bi•van<ii;attvbrvanbrice coin
MAY 2 9 2008
DENR - WATER QUAUIY
WETLANDS AND STORMWATER SaANCH
Pursuant to our conversations and meetin s, and my last discussion with Justin, I
wanted you to know that it is my understanding that the Town of Smithfield will not allow
Partners Equity Group to develop the lots you have inquired about due to new roadway
alignment issues. Also, I understand the town has sent a letter explaining the town's parking
requirements as it pertains to the proposed site plan/development.
As to the earlier permit issue, I now know that PEG planted the enhancement area on
or around February 1999 according to the permit terms (see attached check), to which Mrs.
Spain, neighboring property owners and the town can verify. The area became so overgrown
that, in or around the spring/summer of 2004, neighboring businesses and the Town of
Smithfield complained about feral cats and worse, transients living on the property. To
alleviate those concerns, PEG received approval from Kevin Yates and Mike Horan to mow
the area consistent with Corps regulations. Nothing was ever said to PEG about the condition
of the property until after we filed the permit request. These are the facts surrounding that
issue, and I just wanted you to know that this enhancement condition was properly followed.
With this new road and parking information, I hope we are close to finalizing the 404
permit for the above referenced matter. In talking with Cyndi, she said that Annette would
like to review the final stormwater plan in order to finalize the 401 certification. If we can
confirm the final site plan to be permitted with you, which we believe with this road impact
information and parking information from the municipality should be fairly close to what we
have submitted, we can then forward the final SW plan to be reviewed/approved by
Annette/Cyndi.
Jean, we have worked very hard from where we started in this process to produce a
permitable site and plan with corresponding 401 certification. We have reduced the size of
May 28, 2008
Page 2
the development, retained a contiguous section of wetland along the east border of the
property, have reduced the total number of parking spaces, and spent a great deal of time,
effort and money researching and producing ways to improve water quality on the property
and especially water quality issues as it leaves the original 50 acre parcel. I am proud of the
fact that we have clearly demonstrated that water quality will be significantly improved
leaving the site as compared to current conditions. If you will let me know anything else we
need to do in order to complete this process, I would be most appreciative.
Again, thank you and Thomas for working with us to finalize the permit. If you have
any questions, or wish to discuss any of these issues (or any others) further, please do not
hesitate to call.
Sincerely,
At w'l /1't?c ?-
F. Bryan Brice, Jr.
Cc: Justin McCorcle
Cyndi Karoly
PARTNERS EQUITY GROUP
P. O. BOX 1089
>? SMITHFIELD, NG 27577
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