20090962 Ver 1_Notice of Withdrawal_20110523

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Charles Wakild, P.E.
Director
May 23, 2012
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7011 1150 0000 4205 6092
Far Creek, LLC.
Attn: Glenn Futrell
One Sail Fish Drive
Manteo, NC 27954
Subject: RETURN OF APPLICATION
401 - Certification Request
269 Goshen Road, Engelhard Seafood
Tar - Pamlico Basin, Far Creek, 030308 29- 70 -(2)
Dear Mr. Futrell:
Dee Freeman
DWQ Project # 09 -0962
Hyde County
On September 2, 2009, the Division of Water Quality (DWQ) received your application
dated August 11, 2009, to impact 479 square feet of coastal wetlands, 52,000 square
feet of uplands and 75,000 square feet of uplands for spoil disposal to create an
upland basin for a 58 boat slips and additional infrastructure as described in your
application. On September 25, 2009 and December 18, 2009, and March 1, 2011 the
DWQ issued a letter after determining that your application was incomplete and /or
provided inaccurate information as discussed below. On February 26, 2010, and April
22, 2011 this Office received responses to the additional information requests. On May
16, 2011 DWQ issued the fourth request for additional information. As of today, the
Division has not received a complete response to these requests.
Pursuant to Title 15A NCAC 02H .0507(e), the Division is unable to approve your
application. For the reasons listed above, your application is hereby returned. Once
you have addressed the problems and /or inadequacies with your application as it
was submitted, you will need to reapply to the Division for approval including a
complete application package and the appropriate fee.
North Carolina Division of Water Quality Internet: www.ncwaterquality.ora One
943 Washington Square Mall Phone: [phone] NorthCarolina
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycledl1 0% Post Consumer Paper Naturally

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Please be aware that you have no authorization under Section 401 of the Clear Water
Act for this activity and any work done within waters of the state would be a violation
of North Carolina General Statutes and Administrative Code.
S i, ce
L
Al Hoi
Division of Water Qualify
Surface Water Protection
Washington Regional Office
cc: DWQ 401 Oversight /Express Permitting Unit
USACE Washington Regulatory Field Office
File Copy
DCM, WaRO, David Moye
DCM, Morehead City, Doug Huggett
Brian Rubino, Quible and Associates, P.C. P.O. Drawer 870, Kitty Hawk, NC 27949
Filename :09- 0440_FarCreek_RETURN /aa