20061503 Ver 1_Notice of Withdrawal_20070425

O~O~ W A T ~~QG
c~
>_ .:.1
~ ~
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Apri125, 2007
CERTIFIED MAIL - 7006 0810 0004 4475 2512
RETURN RECEIPT REQUESTED
Mr. James McFarland
Hampstead Lands, LLC
PO Box 2277
Wilmington, NC 28402
Subject Property: Bayberry Farms at the Preserve
NOTICE OF WITHDRAWAL
Dear Mr. McFarland:
DWQ # 061503
Pender County
On September 15, 2006, you requested a 401 Water Quality Certification from the Division
of Water Quality (DWQ) for your project. On October 19, 2006, you provided additional
information concerning the subject project; however, the application was still incomplete. We
wrote to you on December 7, 2006 discussing concerns that we have regarding the project
and stating that it would be placed on hold for three weeks giving you time to address DWQ's
concerns. As of today, DWQ has not received a response to this request. The only
correspondence received was a copy of the federally protected species survey that was
submitted to the Wilmington Regional Office only. Please note that all requested additional
information must be submitted to the DWQ 401 Oversight and Express Unit in Raleigh
before staff can continue the review process. In addition, two items in the December 7, 2006
letter have not been addressed. Therefore, your file is hereby considered withdrawn and will
not be reviewed until DWQ's earlier concerns are addressed. Once you have collected
sufficient information to have a complete application, you will need to reapply for DWQ
approval. This includes submitting a complete application package with the appropriate fee.
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 Ian McMillan at 910-796-
7215 if you have any questions or concerns.
Sinc y,
Ed Beck
Regional Supervisor
Surface Water Protection Section
cc: Steve Dial, Dial Cordy and Associates Inc.
Ian McMillan, 4010versight/Express Review Permitting Unit
Brad Shaver, USACE Wilmington Regulatory Field Office
WiRO File Copy
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-87723-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NorthCaCOlina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper ~atura!!I~