20070802 Ver 1_Notice of Withdrawal_20080529

0? W A T ?ROG Michael F. Easley, Governor
William G. Ross Jr., Secretary
co 7
r North Carolina Department of Environment and Natural Resources
A Coleen H. Sullins. Director
Division of Water Quality
May 29, 2008
DWQ # 07-0802
Henderson County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Addie Bowen
105 Foster Creek Road
Horse Shoe, NC 28742
Subject Property: Bowen: Foster Creek (After the Fact Permit)
NOTICE OF RETURN
Dear Ms. Bowen:
On May 9, 2007, you requested a 401 Water Quality Certification from the Division of Water Quality
(DWQ) for your project. We wrote to you on May 10, 2007 discussing concerns that we have regarding
the design of the project and stating that it would be placed on hold for 30 calendar days giving you time
to address DWQ's concerns. As of today, DWQ has not received a response to this request. Therefore,
your file is hereby considered returned and will not be reviewed until DWQ's earlier concerns are
addressed. Once you have collected sufficient information to have a complete application (please see our
May 7, 2007 letter for the missing information), you will need to reapply for DWQ approval. This
includes submitting a complete application package with the appropriate fee. Please keep in mind that
this property is still under violation for failure to secure a 401 WQC.
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 Statuses and
Administrative Code. Please call Mr. Ian McMillan or Cyndi Karoly at 919-7 3-1786 if you have any
questions or concerns. /I
Since el y,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Asheville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
Niki Maher, NPS Assistance and Compliance Oversight Unit
Filename: S:\2008 Correspondence\07-0802 Foster Creek (Henderson) Notice of Retum.doc
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
I?`?"1tCarolina
Agw,a!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Addie Bowen
105 Foster Creek Road
Horse Shoe,NC 28742
DWQ# 07-0802-Henderson
b?A Agent
Addressee
B. Received by (Printed Name) C. Date of Delivery
D. Is deJiv22ry,addtess different from item 1? ? Yes
If lr$, er?fer dellveow address below: ? No
J-1
3.
CertifiedMatt- Express Mail
Registered Return Receipt for Merchandise
? Insured Mail C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(Transfer from service label) 7007 2560 0001 1382 0048
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-W 540
UNITED STATES PSTALEFt41E ,. ;„:... ?,t irs-
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water
Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard suite250
Raleigh,NC 27604
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