20070709 Ver 1_No Written Concurrence_20070502

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AT&T Corp.
Attn: Peggy Womack
3001 Cobb Parkway, NW
Room 162-022
Atlanta, GA 30339
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
May 2, 2007
New Hanover and Brunswick County
DWQ Project #: 070709
Subject Property: Lynchburg, VA -Columbia, SC Cable Route
Cape Fear River Crossing
NO WRITTEN CONCURRENCE NEEDED
Dear Ms. Womack:
You have our approval, in accordance with the attached conditions to bore approximately 4000
ft. subaqueous fiber optic cable in 5: steel drill stem across the Cape Fear River from New
Hanover County to Brunswick County, NC. The cable will be installed within a 20 ft. utility
easement, 35 ft south (downstream) of an existing Exxon pipeline and next to AT&T's existing
cable, at a minimum of 4 ft. below the river bottom on either side of the channel and a minimum
of 49 ft. below Mean Low Water (MLW) within the channel area as described in your 401
Wetland application received in the Wilmington Regional Office on March 15, 2007. After
reviewing your application, we have decided this fill is below the threshold for written
authorization as long as all conditions of General Water Quality Certification Number 3625 are
met. This certification may also be viewed on our website at
http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use the Nationwide 12
Permit when issued by the US Army Corps of Engineers.
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 and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this Certification
and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall
expire when the corresponding Nationwide Permit expires or as otherwise provided in the
General Certification. For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed below.
Conditions of Certification:
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the
401 Certification has been completed. The responsible party shall complete the
attached form and return it to the 401/Wetlands Unit of the Division of Water Quality.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: www.ncwaterquality.oi~ One
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina
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Page Two
AT&T Corp.
Attn: Peggy Womack
DWQ Project #: 070709
May 2, 2007
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void
unless the above conditions and the General Certifications are made conditions of the Federal
404 and/or Coastal Area Management Act Permit.
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, which conforms to Chapter 150B of the North Carolina General
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 Act. If you have any questions, please telephone Ian McMillan at 919-715-4631
or Joanne Steenhuis at our Wilmington Regional Office at [phone].
Sincerely,
-----_
Joanne Steenhuis
Environmental Specialist III
Enclosures
GC 3625
Certification of Completion
cc: Wayne Carter - DH Communications, Inc.
Dave Timpy - USACE Wilmington
Stephen Rynas - DCM Morehead
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