20050949 Ver 2_More Info Received_20080404

LAW OFFICES OF
F. BRYAN BRICE, JR.
ATTORNEYS AT LAW
19 W. HARGETT ST.
SUITE 600
RALEIGH, NC 27601
Telephone: [phone]
Facsimile: 919-832-0301
brvanrdatt.?Lbrvanbrice_com
April 3, 2008
John Dorney
Wetlands/401 Unit Supervisor
NC Division of Water Quality
2321 Crabtree Blvd. Suit 250
Raleigh NC, 27604
Re: Partners Equity Group, 4041401 Application
Proposed impacts to approximately 1.53 acres, Smithfield, NC
Impacts from fill to grade for commercial building
Submittal Date: 12121 /2007
Dear John,
On December 21, 2007, your office was in receipt of the above referenced CWA Section
401 application. On January 16, 2008, Annette Lucas spoke with Jonathan Smith of McKim and
Creed, one of the consultants assisting the applicant with the 401/404 permit process. At that
time, they discussed in general terms the application, and Ms. Lucas stated that she believed she
would need clarification or further information and would send a formal request if such was
needed. I assume you (or staff) performed a further review and determined no further
information was needed, as we never received any formal (or even informal) request for further
information.
No one (project applicant, consultants, me) has received any further communication from
DWQ. Pursuant to 15A NCAC 21-10507(A), the State has waived, by my calculation on February
20, 2008, any further comment on the 401 application and that such is approved as submitted. It
has even been well over 60 days since Annette and John engaged in their phone conversation,
when she mentioned that DWQ may request further information (but did not).
We are continuing to work with the Corps to finalize the Section 404 permit process, and
plan to proceed with the project upon receipt of the same. We look forward to working with
your office as we implement the stormwater and other 401 features we proposed in the
application and discussed with DWQ on numerous occasions prior to the submittal.
Sincerely,
F. Bryan Brice, Jr.
APR 4 2008
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