20050949 Ver 1_Other Agency Comments_20060329

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Regulatory Division
Action ID No. 200520934
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
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March 29, 2006
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Mr. John Shallcross, Jr.
Partner's Equity Group
Post Office Box 1089
Smithfield, North Carolina 27577
Dear Mr. Shallcross:
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By copy of North Carolina Department of Environment and Natural Resources letter to
you dated March 6, 2006 (enclosed), we have learned that State authorization for you to place fill
material into 2.44 acres of wetlands located on Lots 18 and 19 of Partners Equity Group
Subdivision, has been denied. Under the administrative rules of our regulatory program, denial
of required state authorization precludes favorable consideration of a Federal permit.
Accordingly, your Department of the Army (DA) permit application is hereby denied, without
prejudice, and your file has been retired.
If you wish to continue to pursue a DA permit, you must first obtain the required state
authorization. In the event you obtain the authorization, we will reopen your permit file, and
continue to process your application. After the file is reopened, any issues raised during the
public review process will have to be addressed before a permit can be issued.
If you have any further questions regarding this matter, please contact Mr. Todd Tugwell
with my Raleigh Field Office staff at telephone [phone], extension 26.
Sincerely,
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S. Kenneth Jolly
Chief, Regulatory Division
Enclosure
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Copies Furnished (with enclosure):
Ms. Robin Little
5409 New Rebel Court
Youngsville, NC 27596-8856
Mr. E. Bryan Brice, Jr., Esq.
19 W. Hargett St.
Suite 600
Raleigh, NC 27601
Copy Furnished (without enclosure):
Ms. Cyndi Karoly
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetland/401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650