20070321 Ver 1_Notice of Withdrawal_20070820

W A r
O~QF
FgQ~ Michael F. Easley, Governor
~ William G. Ross Jr., Secretary
~ ~ North Cazolina Department of Environment and Natural Resources
~' -i
p ~ Coleen H. Sullins. Director
Division of Water Quality
August 20, 2007
DWQ # 07-0321
Caldwell County
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
Neil G. O'Rourke
210 Shad Lane
Apex, NC 27523
Subject Property: Grandfather Vistas
NOTICE OF RETURN
Dear Mr. O'Rourke:
On February 21, 2007, you requested a 401 Water Quality Certification from the Division of Water
Quality (DWQ) for your project. We wrote to you on February 27, 2007 discussing concerns that we
have regarding the design of the project and stating that it would be placed on hold for 30 calendar days
giving you time to address DWQ's concerns. As of today, DWQ has not received a response to this
request. Therefore, your file is hereby considered returned and will not be reviewed until DWQ's earlier
concerns are addressed. Once you have collected sufficient information to have a complete application
(please see our February 27, 2007 letter for the missing information), 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 Mr. Ian McMillan or Cyndi Karoly at 919-733-1786 if you have any
questions or concerns.
Sincerely,
Cy di Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Asheville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
Filename: 5:\2007 Correspondence\07-0321 Grandfather Vistas (Caldwell) Notice of Return.doc
None Carolina
401 Oversight/Express Review Permitting Unit ~UtllCQ~t'j~
1650 Mail Service Center, Raleigh, North Cazolina 27699-1650
2321 Crabtree Boulevazd, Suite 250, Raleigh, North Cazolina 27604
Phone: [phone] /FAX [phone] /Internet: http:://h2o,enrstate,naus/ncwetlands
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