20081158 Ver 1_More Info Received_20090707

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to be placed in file
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From: Len Rindner [mailto:[e-mail]]
Sent: Tuesday, July 07, 2009 1:55 PM
To: 'Chapin, Stephen SAW'; Johnson, Alan
Subject: Campus Corners Permit Transfer SAW 2008-02222-360 and DWQ 08-1158 Mallard Creek Ltd
Good afternoon Steve and Alan:
Please find attached information requesting a transfer of the Nationwide Permit Verification and
the 401 Water Quality Certification in accordance with General Condition #25 from the 2007
Nationwide Permit Conditions. The permits are being transferred from WP Acquisitions, LLC., to
the new property owner - Mallard Creek Ltd.
We are expecting that the closing will take place on July 15, 2009. Is the information that I have
provided by this email adequate to meet your requirements? As soon as I receive the original
signed letters from the new property owner I will forward this information to you by mail or
overnight.
Thank you for your assistance and please let me know if you need additional information. I will be
sharing your response with the new property owner.
Thank you for your consideration.
Len Rindner
Leonard S. Rindner, PLLC
Wetland and Environmental Planning Group
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
https:Hmail.nc.gov/owa/?ae=Item&a=Preview&t=IPM.Note&id=RgAAAACChSeOTRSCT... 7/8/2009
LF.U\ARD S. RIND1F;1R. PI I C•
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LEONARD S. RINDNEP, PLLC
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wedand Scientist Matthews, NC 28105
Land Planning [phone]
July 7, 2009
Mr. Steve Chapin
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 208
Asheville, NC 28801 - 5006
Re: Transfer of SAW 2008-02222-360 to Mallard Creek Ltd. From WP Fast Acquisitions,
LLC, Charlotte, Mecklenburp. County, NC
Dear Mr. Chapin:
On behalf of my client, Mr. Will Morgan of Mallard Creek Ltd., I am requesting a transfer of the
nationwide permit verification in accordance with Condition #25 of the Nationwide Permit General
Conditions. In accordance with Condition#25 a copy of the nationwide permit verification must be
attached to the letter, and the letter must contain the following statement and signature.
"When the structures or work authorized by this nationwide permit are still in existence at the time
the property is transferred, the terms and conditions of this nationwide permit, including the special
conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer
of this nationwide permit and the associated liabilities associated with compliance with its terms
and conditions, have the transferee sign and date below."
(Transferee)
(Date)
Please Wntact nyz'ff you have any questions.
Wbonard S. Rindner, PWS
Environmental Planning Consultant
Professional Wetland Scientist
Cc: Mr. Will Morgan
Mallard Creek, Ltd.
3020 l Iartley Road, Suite 300
Jacksonville, FL 32257
Tele. 904-288-78 1 0
www.vestcor.com
Environmental Planning Consultant
Professional Wetland Scientist
Land Planning
July 7, 2009
Mr. Will Morgan
Mallard Creek, Ltd.
3020 Hartley Road, Suite 300
Jacksonville, FL 32257
Tele. 904-288-7810
LI,C Charbtte Mecklenbur CounW NC
Dear Mr. Morgan:
3714 Spokeshave Lane
Matthews, NC 28105
Tele: [phone]
In order to interface with the United States Army Corps of Engineers and the North
followCarolinaing Department of Natural Resources 1 will need your authorization. Please sign the
statement:
This letter authorizes Leonard S. Rindner, PLLC, as our firm IV agent in
related to Waters of the U.S. and Waters of North Carolina for the referenced project
site. This includes interfacing with the United States Army Corps of Engineers and the
North Carolina Department of Natural Resources.
Name
Date
Please contact me if you have any questions or require additional explanation. Thank
you.
-ftnard S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
the Wilmington District is committed to providing the highest Icvel of support to (lie public. l o help us ensure we
continue to do so. pleas complete the attached customer Satisfaction Survey or visit
hrtp:r'www.saw.uwmWD,index ,html to complete the survcv online.
Determination of,turisdiction:
A. ? Based on preliminary information. there appear to be waters of the US including wetlands within the above
dese:ribed project area. Ibis preliminary determination is not an appealable action tinder the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Pan -3-11)
B. ? Ihcrc arc Navigable Waters of the United Slates within the aNwe described protect area subject to the
permit requirement. of Section 10 of the Rivers and Ilarbors Act and Section 304 of the Ocan Water Act.
I Inless there is a change in the taw or our published regulations, this detenr utanon may he relied upon fmr a
period not to exceed five years from the date of this notification
C. Z There are waters of the US and/or wetlands within die above dese:nbed project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(3 3 USC - 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ? The junsdicocmal areas within the above descritxd project area have been idLuilitied under a previous action
Please reference jurisdictional determination issued - Action ID
Basis of Jurisdictional Determination: the site contains wetlands as determined by the i SA(T.. 1987 Wetland
Delineation Martial and is adjacent to a stream channel that exhibits indicators of ordinary high water marks. the
stream channel on the property is an unnamed tributary to Mallard Creek which flows into Mallard Creek which
(Iowa into the Rocky River which flows into the Yadkin River and ultimately flows to the Atlantic Chcan through
the Mallard Creek---Rocky River-Yadkin River system which is a Section 11) navigable-in-tact waterway at Blewetl
Falls dam.
.Appeals Information: (This mfonnauon does not apply to preliminary detenninatuxns as indicated by paragraph A.
above).
Attached to this vcrification is an approved jurisdictional determinaion. If you are not to agrec-meni with that
approved jurisdictional determination, you can make an administran%c appeal under 33 C YR 331. Friclosed you will
find a Notification of Appeal Process (NAP) fact sheet and request fisr appeal (Rt-A) Henn It you request to appc;ml
this determination you must submit a comph:tLd RFA form to the IbIlowing address:
Dmuict Engineer. Wilminj~non Regulatory Program
Attn: Steve Chapin. Project Manager
151 Patton Avcnuc. Rerun 208
:lshevillc. North Carolina 29801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 ChR pan 33 L>. and that it has been received by the Division Office within 60 tLiys of
the date of the NAP Should ww decide to submit an RI•A forum. it must be received at the above address within (A)
days font the Asue 1Xt1e helo%k
"It is not ncexmary to submit an RI A Grin to the Division Office i f you do not object to the determination in this
;eme.Swindence ••
Corps Regulatory Official: p Steve ChaPiq
1.%++c Daw Aurnsl 21.2008 Expiration bate: Five years Iiom Iseue Dart,
Copy Furnished:
Mr. Leonard S. Rindner
Applicant: WP East Acquisitions, LLC. File Number: SAW-2008- Date: August 21. 2008
Att'n: Dan Cimaglia 0Attached is: Set. Section helow
INITIAL PROFFERED PERMIT (Standard Permit or Lctterol' A
pennission) PROFFERED PERMIT (Standard Permit or Letter of pcrmission) B
PERMIT DENIAL
X APPROVED JURISDICTIONAL DETERMINATION I)
PRELIMINARY JURISDICTIONAL DETERMINATION E
A: INITIAL PROFFERED PERMIT: You may accept or ohieci to the permit.
ACCE Pi if-vou received a Standard Pennit, you may sign the permit document and return it to the district engineer tiff final
authorization. if yew received a triter of Penuis iou (LC)P), you may accept die LOP and your work i5 authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety. and waive all rights to appeal die
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of ccrtain terms and conditions therein, you may requenst that the
permit he modified accordingly. You must complete Section 11 of this full and return die torn to the district engineer. Your
oNcctions mast be received by the district engineer within hit ctay? of the chic of this notice. or you will ltrlcu your right to appeal
the permit in the future Upon receipt of your letter. the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns. (b) moidifv die perinit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. after evaluating your objections, the district engmcer
will send you a proMred perrnit for your reconsideration. as indicated in Section ti below
B: PROFFERED PERMIT: You may accept or appeal the permit
ACCEPT: Il you rcYcivcd a Standard permit, you may sign the permit. document and return it it) the disinct engmecr for final
authorization. I f you received a i etter of Permission (LOP), you may accept the 1-01' and your work is authorized. Your.ignaturc
on the Standard permit or acceptance of the 1.011 mu„ ins that you accept the permit in its entirety, and waive all rights to appeal the
pennm. including its tcnns and conditions, and approved jurisdictional determinations asst)ciated with the permit.
APPEAL: if yew choose to decline the proffered peamtt (Standard or LOP) because of ctrtau? terms and conditions therein. you
may appeal the declined permit under the Caps of f-nKincrrs Administrative Appeal Pro ceas by completing Section 11 of-dos form
and saiding the liOrni io the division engineer Mis form must tie received by the division engineer -tcithm 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of"a pcnnit under the Corps of Enginctrs Adman strairve Appel process by
completing Sec rom If of this form and sodding the form to the division engineer. lhi. form must he received by the division ent I er
within 60 clays of the date of this notice
D: APPROVED JURISDICTIONAL DETERMINATION: You ntay accept or appeal the approved JD or
provide new inti?rmation.
• ACCI:P I You do not need to notify the Cores to accept an approved Ji). I al lure to noti fy the Corps within ht) day of the date of
this notice. means that vow accept the approved 11) in its entirety. and waive all rights to appeal the approved JI).
APPEAL: If you disagree with the approved 11), you may appeal dre approved 1i) under the C orps ol'fingincers Admimstraticc
Appeal Proict:,q% by completing Section It of* this form and woofing the form in the division engineer Ibis 16mi must he received by
the division tngineer within W tkivN ol'thc date of'this notice
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding; the preliminary JD. The Preliminary JD is not appealable. Ifyou wish. you may request an approved
1D (which may be appealed), by contacting the Corps district for turther instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reauons for appealing the decision or your
objections to an initial proflcrW permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed In the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the adininistraw c record. the. Corps
memorandum for the record of the appeal conference or meeting. and any supplemental inliortnation that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However. you may provide additional intormation to clarify
the location of information that is already in the administrative record.
If you have questions regarding this decision and/or the I I f you only have questions regarding the appeal process
appeal process you may contact: you may also contact:
Steve Chapin. Project Manager
USAGE, Asheville Regulatory Field Ollicc
151 Patton Ave. Room 208
Asheville, NC 28800
828-271-7980
Mr. Michael F. Bell.
Administrative Appeal Review Officer
CESAD-CST-CO-R
[,'.S. Army Corps of Engineers. South Atlantic Division
60 Forsyth Street, Room 9M 15
Atlanta. Ge orcia 30303-8801
RIGI-IT Of ENTRY: Your signature below grurts the right ofcrrtry to Corps ut Engineers personnel. and any
govemme:nt wnsultants, to conduct investigations of the project site during; the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
tons.
b-itc: j Telephone number:
of appellant or agent.
For appeals on Initial Proffered Permits and approved.) urisdictional Determinations send
this form to:
District Engineer, Wilmington Regulaton- Division, Attn:Stevc Chapin, Project Manager,
Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801.
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander. U.S. Army Engineer Division, South Atlantic, Attn: Mr.
Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street. Room
9M 15, Atlanta, Georria 30303-8801
CFSAW'-R(i-A,'Chapin DA I F: August 21, 2005
MEMORANDUM FOR RECORD
SUBJECT: Consideration ol'C'ompensatory Mitigation and PotcnUe) Impacts to Endangereel SluxiC-s.
Cultural Resources and Essential Fish habitat.
1. Action ID. SAW-2008-02222-360
2. Project Name and Location: WP East Acquisitions, LLC, Att' n: Dan Cimaglia /
Campus Corners Apartments located on an 8.2 acre tract off of East
Mallard tburch Road; in Charlotte
3. Mitigation (Section 404(b)(1) Ciuidclines).
a. Has applicant avoided and minimized impacts to the maximum practicahle extent'.' YES
It' NO. Explain:
h. Is compensatory mitigation necessary? NO
Explain: Minimal Impacts and aquatic resources are of low gualih.
4. Endangered Sjwcies (Section 7 of the FSA).
a. Will any threatened or endangered species or their critical habitats bL affected by this profcet?
NO: see attached map reflecting N.C'. Natural Heritage Prgr,,*ram data on occurrences of
FLdcrall?endangered/threatent d sRtx:ies, state listed smcie%,.and natural cummunitiew.
If YES. describc steps taken to address concerns:
5. Cultural Re-sources (Swion ltlh ofthe NIIPA).
a. Will anv Cultural RL`sources he impacted by this project? NO; see _attached_ map reflecting
N.C. Natural I leritaue Program data on occurrences of historic structures and district-, as listed on
the !National Rc-I,ister ofHistoric Places.
h If ti'FS, descritx steps taken to address conccTns:
6 t-KSemtial Fish habitat 154) CFR Part 600. Magnuson-Stevcns Act).
a. Is this a project that "ntay adc-ersely atl"ect essential fish habitat"'' NO
h. If YES, describe steps taken to address concerns:
7. Basis 16r Jurisdiction.
a. Wctland/Watc:r:
'A. ,:. I
C(>r A Rgrulatory Otlicial: Steve C'ha?n
LEONARD S. RINDNER, PLLC
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning [phone]
July 7, 2009
Mr. Alan Johnson
NCDENR Mooresville Regional Office
610 Bast Center Street, Suite 301
Mooresville, NC 28115
Re: Transfer of DWO 08-1158 to Mallard Creek Ltd. From WP Nast Acquisitions, LLC,
Charlotte, Mecklenburg County, NC
Dear Mr. Johnson:
On behalf of my client, Mr. Will Morgan of Mallard Creek 1.1d., I am requesting; a transfer of the
Approval of 401 Water Quality Certification with Additional Conditions. In addition, the project
site is subject to the City of C'harlotte's state delegated Stormwater Program that meets the
requirements of Phase 11 NPDES stormwater program. This is applied through their Post
Construction Control Ordinance (PC'CO). The City of Charlotte will require the 404/401 to be
issued prior to approving the plans. 'therefore we are requesting that the transferred 401 Water
Quality Certification be issued with the following modification to the stormwater management
condition.
"An approval letter from the City of Charlotte and at [cast one copy of the approved SMP,
including plan details, calculations and other supporting information must be submittal prior to
any approved impacts to streams and/or wetlands".
It is very important to note that the developer, engineers, and planners on this project have no
predictable way of accurately determining the time frame for the review and approval of the
comprehensive development plans once the plans are submitted to the City of C harlotte. Therefore
the NCDENR should allow the time necessary to submit the approval letter and plans from the
City of Charlotte to NCDENR or include language that allows for additional time to be requested
if needed.
if you have any questions. Thank you for your consideration.
S. Rindner, PWS
Environmental Planning Consultant
Professional Wetland Scientist
Cc: Mr. Will Morgan
Mallard Creek, Ltd.
3020 Hartley Road, Suite 300
Jacksonville, F1. 32257

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.site. This hirlude'k inreiyar'int,lrirh the I nited Jtrrtr'c Irrtil' t orpN o/ /_�rr,�hwer\ emil Ow
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August 25, 2008
DWQ# 08-1158
Mecklenburg County
Mr. Dan Clmaglia
WP East Acquisitions, LLC
1001 Morehead Square Dr , Ste 250
Charlotte, NC 28203
Subject: Campus Corners
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Cimaglia
You have our approval, in accordance with the attached conditions and those
listed below, to impact 185 linear feet (If) of Intermittent stream to Mallard Creek in order
to construct the subject development in Mecklenburg County, as described in your
application received by the Division of Water Quality (DWQ) on July 29, 2008 After
reviewing your application, we have determined that this project is covered by Water
Quality General Certification Number 3705, which can be viewed on our web site at
http;//h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use
Nationwide Permit Number 39 once it is issued to you by the U S. Army Corps of
Engineers Please note that you should get any other federal, state or local permits
before proceeding with your project. including those required by (but not limited to)
Sediment and Erosion Control, Non -Discharge. and Water Supply Watershed
regulations.
The above noted Certification will expire when the associated 404 permit expires
unless otherwise specified in the General Certification This approval is only valid for
the purpose and design that you described in your application. If you change your
project, you must notify us in writing. and you may be required to send us a new
application for a new certification. If the property is sold, the new owner must be given
a copy of the Certification and approval letter; and is thereby responsible for complying
with all conditions
In addition to the requirements of the certification, you must also comply with the
following conditions
t The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced
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2 Storm water discharge structures at this site shall be constructed in a manner such
that the potential receiving streams (of the discharge) will not be impacted due to
sediment accumulations. scouring or erosion of the stream banks
3 Prior to construction, a final, written storm water management plan (including a
signed and notarized Operation and Maintenance Agreement) shall be submitted to
the 401 Oversight and Express Permuting Unit (2321 Crabtree Blvd , Suite 250,
Raleigh, NC, 27604) within 60 days of the issuance of the 401 Water Quality
Certification. The storm water management plans shall be approved in writing by
this Office before the impacts specified in this Certification occur. You have the
option of using the Express Review Program for expedited approval of these plans
If you propose to use the Express Review Program, remember to include the
appropriate fee with the plan The storm water management plan must include
construction plans, specifications, storm water BMP worksheets, and supporting
calculations. The storm water best management practices are required to be
appropriate for the surface water classification and designed to remove at least 85%
TSS according to the most recent version of the NC DENR Storm water Best
Management Practices Manual These facilities must be designed to treat the runoff
from the entire project, unless otherwise explicitly approved by the Division of Water
Quality Also, before any permanent building is occupied at the subject site, the
facilities (as approved by this Office) shall be constructed and operational, and the
storm water management plan (as approved by this Office) shall be implemented
The structural stormwater practices as approved by this Office as well as drainage
patterns must be maintained in perpetuity. No changes to the structural storm water
practices shall be made without written authorization from the Division of Water
Quality
4 Upon completion of the project, the applicant shall complete and return the enclosed
"Certificate of Completion" form to the 401/Wetlands Unit of the NC Division of Water
Quality
5 Continuing Compliance The applicant (WP East Acquisitions, LLC. Dan Cimaglia)
shall conduct all activities in a manner so as not to contravene any state water quality
standard (including any requirements for compliance with section 303(d) of the Clean
Water Act) and any other appropriate requirements of state and federal law If DWQ
determines that such standards or laws are not being met (including the failure to
sustain a designated or achieved use) or that state or federal law is being violated, or
that further conditions are necessary to assure compliance. DWQ may reevaluate and
modify this certification to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15 A NCAC 2H 0507(d) Before
codifying the certification, DWQ shalt notify the applicant and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 2H 0503, and provide
opportunity for public hearing in accordance with 15A NCAC 2H 0504 Any new or
revised conditions shall be provided to the applicant in writing, shall be provided to the
United States Army Corps of Engineers for reference in any permit issued pursuant to
Section 404 of the Clean Water Act, and shall also become conditions of the 404
Penial for the project

If you do not accept any of the conditions of this certification you may ask for an
adjudicatory hearing you must act within 60 days of the date that you receive this letter
To ask for a hearing, send a written petition that conforms to Chapter 150B of the North
Carolina Ge-ieral Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N C 27699-6714 This certification and its conditions are final and
binding unless you ask for a hearing
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Regif you ional Office at 704 663-1699 ore
eMs Cyndhrl
an Karolyin the Central Office
on in
the Mooresville Reg
in Raleigh 919-733-9721
Sincerely,
for Coleen H. Sullins
Attachments
cc Army Corps of Engineers. Asheville
Ian McMillan. Wetlands Unit
MRO, Land Quality
Central Files
File Copy
..�, Len Rmdner

Mr. Dan Cimaglia
WP East Acquisitions, LLC
1001 Morehead Square Dr., Ste. 250
Charlotte. NC 28203
Subject: Campus Corners
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December 15, 2008
DWQ# 08-1158
Mecklenburg County
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Cimaglia
On August 25. 2008 a Water Quality Certification was issued for the subject site.
In error additional condition #3 stated that the state would approve the storm water
management plan. It should have stated the State or delegated local authority must
approve the storm water management plan. Given that Mecklenburg County has a
delegated program they can review and approved the storm plan. Also a 60 day
extension from the date of issuance of this letter for the plan is granted. A copy of the
approval letter and plan must be submitted to the state for our files.
Be advised that all other conditions of the previously issued Certification still apply. If
you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional
Office at 704-663-1699 or Ms. Cyndi Karoty In the Central Office in Raleigh 919-733-
9721.
Sincerely,
for Coleen H. Sullins
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Len Rindner
Medina Addrr" Phone 17041 ('63-1690) LrxaUon
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A �FA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H Sullins Dee Freeman
Governor Director Secretary
March 30, 2009
DWQ# 08-1158
Mecklenburg County
Mr Dan Cimaglia
WP East Acquisitions, LLC
1001 Morehead Square Dr., Ste. 250
Charlotte, NC 28203
Subject: Campus Corners Stormwater Plan Extension
Ir
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Cimag1
On August 25, 2008 a Water Quality Certification was issued for the subject site. Additional
Condition #3 stated that a storm water plan had to be submitted within 60 days of the issuance of the
certification. On December 15, 2008, a 60 -day extension was granted. It has been requested that an
additional extension be granted due to the current economic conditions. Therefore an additional 120 -
day extension for the stormwater plan is hereby granted. A copy of the approval letter and plan must
be submitted to the state for our files. This is the final extension, any future request will require a new
submittal for a 401 Certification.
Be advised that all other conditions of the previously issued Certification still apply. If you have any
questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699 or
Ms. Cyndi Karoly 1n the Central Office in Raleigh 919-733-9721.
Sincerely,
for Colleen H. Sullins
cc Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Len Rindner
Mooresville Regional Office
Location 610 East Center Avenue Suite 301 Mooresville NC 28115
Phone i'04j 663.1699ua■ t7GA) 663.6040 Customer Service 1-877-623-6748
Internet www !"#!e uald org
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