20081287 Ver 1_Notice of Withdrawal_20080930

[Fwd: FW: Wilderness Creek Falls/Glen Frank -- Wetlands Permitting] a7rp
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Subject: [Fwd: FW: Wilderness Creek Falls/Glen Frank -- Wetlands Permitting]
From: Kevin Barnett <[e-mail]>
Date: Tue, 30 Sep 2008 12:12:58 -0400
To: Ian McMillan <[e-mail]>
FYI
"The time is always right to do what is right"
Martin Luther King, Jr.
Kevin Barnett - Kevin.Barnettc?,ncmail.net
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Subject: FW: Wilderness Creek Falls/Glen Frank -- Wetlands Permitting
From: "Sumpter, Sueanna" <[e-mail]>
Date: Tue, 30 Sep 2008 09:39:25 -0400
To: "Roger Edwards" <[e-mail]>, "Kevin Barnett" <[e-mail]>
FYI
-----Original Message-----
From: Franchina, Dave [mailto:Dave.Franchina@kl_gates.com]
Sent: Monday, September 29, 2008 6:38 PM
To: Sumpter, Sueanna
Cc: [e-mail]; Jennifer Robertson
Subject: Wilderness Creek Falls/Glen Frank -- Wetlands Permitting
Sueanna,
I received from Mr. Frank a short while ago a copy of Roger Edwards'
letter authorizing Cherokee County to issue permits to Mr. Frank and
Wilderness Creek Falls once again. Thanks very much for your role in
facilitating this.
I also wanted to let you know that Mr. Frank has decided to take a
substantially different approach toward resolving the outstanding permit
issues after exploring the options available to him. He now intends to
withdraw his current application for an individual permit and replace it
with a much narrower application for a nationwide permit. Under Mr.
Frank's proposed new approach to permitting, he would still undertake
the measures necessary to resolve the NOV that DWQ issued several months
ago. He would also seek to permit (on an after-the-fact basis)
approximately 300 linear feet of existing impacts associated with stream
crossings on the "back" of his property, i.e., the portion of his
property that is away from US 64. He would then remove and restore all
other impacts that occurred since his purchase of the property. Thus,
he would continue to restore the stream that crosses the mine face on
the property. He would remove the two ponds installed in streams on the
property and restore the affected streams. (He would reestablish a pond
"off-line," that is, independent,of any surface water resource.) He
would remove the stream crossings on the "front" side of his property
(i.e., the US 64 side of his property), as currently proposed in the
draft IP application, and he would use the nationwide permitting program
to authorize the remaining stream crossings in the "back" of the
property.
1 of 2 9/30/2008 12:00 PM
[Fwd: FW: Wilderness Creek Falls/Glen Frank -- Wetlands Permitting]
We have discussed this approach to permitting with the Corps. At the
risk of putting words in the Corps' mouth, I think it's fair to say that
the Corps views it as a good approach that demonstrates a genuine effort
on Mr. Frank's part to minimize and avoid impacts to waters of the US.
While Mr. Frank would of course need to comply with all requirements of
the applicable nationwide permit (as well as any water quality
certification issued by DWQ), it appears that the Corps is comfortable
with this approach.
I understand that Jennifer Robertson plans to discuss the approach with
Kevin Barnett in detail over the next day or two. I am available to
speak with you or Kevin regarding the proposal if you would like, but in
the meantime I just wanted to pass along the news that we may be very
close to the end of this matter.
As always, Sueanna, feel free to email or call if you have questions.
Regards,
Dave
David A. Franchina
K&L Gates
Hearst Tower
214 N. Tryon Street, 47th Floor
Charlotte, NC 28202
[phone] (v)
[phone] (f)
[e-mail]
Effective July 1, 2008, Kennedy Covington combined with K&L Gates. For
more information, please visit www.klgates.com <http://www.klgates.com/>
To ensure compliance with requirements imposed by the IRS, we inform you
that any U.S. federal tax advice contained in this communication
(including any attachments) is not intended or written to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed within.
This electronic message contains information from the law firm of K&L
Gates LLP. The contents may be privileged and confidential and are
intended for the use of the intended addressee(s) only. If you are not
an intended addressee, note that any disclosure, copying, distribution,
or use of the contents of this message is prohibited. If you have
received this e-mail in error, please contact me at
[e-mail].
Kevin Barnett <Kevin.Barnetta,ncmail.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
FW: Wilderness Creek Falls/Glen Frank -- Wetlands Permitting Content-Type: message/rfc822
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[Fwd: [Fwd: FW: Wilderness Creek Falls/Glen Frank -- Wetlands Pe...
Subject: [Fwd: [Fwd: FW: Wilderness Creek Falls/Glen Frank -- Wetlands Permitting]]
From: Ian McMillan <[e-mail]>
Date: Tue, 30 Sep 2008 12:00:30 -0500
To: Laurie Dennison <[e-mail]>
fyi
Subject: [Fwd: FW: Wilderness Creek Falls/Glen Frank -- Wetlands Permitting]
From: Kevin Barnett <[e-mail]>
Date: Tue, 30 Sep 2008 12:12:58 -0400
To: Ian McMillan <[e-mail]>
FYI
"The time is always right to do what is right"
Martin Luther King, Jr.
Kevin Barnett - Kevin.Barnett(i?ncmail.net
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Subject: FW: Wilderness Creek Falls/Glen Frank -- Wetlands Permitting
From: "Sumpter, Sueanna" <[e-mail]>
Date: Tue, 30 Sep 2008 09:39:25 -0400
To: "Roger Edwards" <[e-mail]>, "Kevin Barnett" <[e-mail]>
FYI
-----Original Message-----
From: Franchina, Dave (mailto:[e-mail])
Sent: Monday, September 29, 2008 6:38 PM
To: Sumpter, Sueanna
Cc: [e-mail]; Jennifer Robertson
Subject: Wilderness Creek Falls/Glen Frank -- Wetlands Permitting
Sueanna,
I received from Mr. Frank a short while ago a copy of Roger Edwards'
letter authorizing Cherokee County to issue permits to Mr. Frank and
Wilderness Creek Falls once again. Thanks very much for your role in
facilitating this.
I also wanted to let you know that Mr. Frank has decided to take a
substantially different approach toward resolving the outstanding permit
issues after exploring the options available to him. He now intends to
withdraw his current application for an individual permit and replace it
with a much narrower application for a nationwide permit. Under Mr.
Frank's proposed new approach to permitting, he would still undertake
the measures necessary to resolve the NOV that DWQ issued several months
ago. He would also seek to permit (on an after-the-fact basis)
approximately 300 linear feet of existing impacts associated with stream
crossings on the "back" of his property, i.e., the portion of his
property that is away from US 64. He would then remove and restore all
other impacts that occurred since his purchase of the property. Thus,
he would continue to restore the stream that crosses the mine face on
the property. He would remove the two ponds installed in streams on the
property and restore the affected streams. (He would reestablish a pond
"off-line," that is, independent of any surface water resource.) He
would remove the stream crossings on the "front" side of his property
(i.e., the US 64 side of his property), as currently proposed in the
draft IP application, and he would use the nationwide permitting program
to authorize the remaining stream crossings in the "back" of the
property.
1 of 2 9/30/2008 1:02 PM
[Fwd: [Fwd: FW: Wilderness Creek Falls/Glen Frank -- Wetlands Pe...
we have discussed this approach to permitting with the Corps. At the
risk of putting words in the Corps' mouth, I think it's fair to say that
the Corps views it as a good approach that demonstrates a genuine effort
on Mr. Frank's part to minimize and avoid impacts to waters of the US.
While Mr. Frank would of course need to comply with all requirements of
the applicable nationwide permit (as well as any water quality
certification issued by DwQ), it appears that the Corps is comfortable
with this approach.
I understand that Jennifer Robertson plans to discuss the approach with
Kevin Barnett in detail over the next day or two. I am available to
speak with you or Kevin regarding the proposal if you would like, but in
the meantime I just wanted to pass along the news that we may be very
close to the end of this matter.
As always, Sueanna, feel free to email or call if you have questions.
Regards,
Dave
David A. Franchina
K&L Gates
Hearst Tower
214 N. Tryon Street, 47th Floor
Charlotte, NC 28202
[phone] (v)
[phone] (f)
[e-mail]
Effective July 1, 2008, Kennedy Covington combined with K&L Gates. For
more information, please visit www.klgates.com <http://www.klgates.com/>
To ensure compliance with requirements imposed by the IRS, we inform you
that any U.S. federal tax advice contained in this communication
(including any attachments) is not intended or written to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed within.
This electronic message contains information from the law firm of K&L
Gates LLP. The contents may be privileged and confidential and are
intended for the use of the intended addressee(s) only. If you are not
an intended addressee, note that any disclosure, copying, distribution,
or use of the contents of this message is prohibited. If you have
received this e-mail in error, please contact me at
[e-mail].
Kevin Barnett <Kevin.Bamett(&,ncmail.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
]Fwd: FW: Wilderness Creek Falls/Glen Frank -- Wetlands Permitting].eml Content-Type: message/rfc822
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