20070006 Ver 1_Notice of Withdrawal_20070820

~ W A'T~h Michael F. Easley, Governor
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OC~ QG William G. Ross Jr., Secretary
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P,. North Cazolina Department of Environment and Natural Resources
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"1 Coleen H. Sullins. Duector
is ~ Division of Water Quality
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August 20, 2007
DWQ # 07-0006
Rutherford County
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
Jeff Smith
180 Twin Pond Drive
Spartanburg, SC 29307
Subject Property: Smith Wall on Lake Lure
NOTICE OF RETURN
Dear Mr. Smith:
On January 2, 2007, you requested a 401 Water Quality Certification from the Division of Water Quality
(DWQ) for your project. We wrote to you on January 2, 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
January 2, 20071etter 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,
Cyndi Karoly, Supervisor
401 OversightlExpress Review Permitting Unit
cc: Asheville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
Filename: S:\Shell L.etters\401+Buffer+Isolated\Regulaz401\07-0006 Smith Wall (Rutherford) Notice of Return.doc
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Cazolina 27699-1650
2321 Crabtree Boulevazd, Suite 250, Raleigh, North Cazolina 27604
Phone: [phone] /FAX [phone] /Internet: htto'//h2o enr state nc us/ncwetlands
N~`" Carolina
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