Ver _Approval Letter_20040212

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Q 9 Michael F. Easley. Governor
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North Carolina Department of Environment and Natural Resources
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(0 Alan W. Klimek, P. E. Director
> Division of Water Quality
p Coleen H. Sullins, Deputy Director
Division of Water Quality
February 12, 2004 WETLANDS / 401 G
ROUP
Mr. William Waters
7620 Baltusrol Ln. FEB 1 6 2004
Charlotte, NC 28210
Subject: 401 Water Quality Ce 'i It ti 'M. ' `RSFCTION
Bailewick Subdivision
Mecklenburg County, NC
Dear Mr. Waters:
On February 10, 2004 this office received your response to the Notice of Violation (NOV) and Notice of
Recommendation For Enforcement, issued on January 28, 2004, by this office, for stream impacts at the Bailewick
Subdivision. In your response you mentioned that you had received approval for the impacts; however, you failed
to identify who gave the approval. Please provide a copy/documentation of the approval to this office.
If the impacts were permitted/approved by the Army Corp of Engineers (ACOE) in 1988 then that
permit/approval would have expired prior to the stream impacts taking place. As stated in the NOV issued on
January 28, 2004, we have reviewed our files and have been unable to locate any application to, or approval from,
the Division of Water Quality (DWQ) for the stream impact.
If documentation of approval cannot be provided then an "after-the-fact" PreConstruction Notification
(PCN) form must be submitted to both the ACOE and DWQ for approval. Seven (7) copies of the PCN should be
completed and returned along with supporting maps and documentation to the addresses listed in the application.
Downloadable copies of the Division's General Certifications as well as the PCN can be accessed at the Division's
Wetland web page:
httv://h2o.ehnr.state.nc.us/ncwetiands/
If you do not have access to this web page, please contact this Office at the phone number listed below and a copy
of the PCN will be forwarded to you.
Failure to provide documentation of approval for the noted impact may result in this office pursuing
enforcement for any violations that have occurred. If you have any questions, please contact Mr. Alan Johnson or
me at (704) 663- 1699.
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Cc: Steve Gudiardi - Mecklenburg County
John Dorney - Wetlands Unit
Amanda Jones - USACOE
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N. C. Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748