20151231 Ver 1_Check Returned_20151207

Water Resources
ENVIRONMENTAL QUALITY
December 14, 2015
Certified Mail Return Receipt Requested
Cert Mail # 7008 1300 0000 1124 1855
BREC, PA
Attn: Derek Goddard
126 Executive Dr.
Wilkesboro, NC 28697
PAT MCCRORY
Govenior
DONALD R. VAN DER VAART
Subject: Check Return and Withdrawal of 401 WQC Application
Eastern Band of the Cherokee Indians Stream Bank Stabilization
Dear Sir,
Secrernrt
S. JAY ZIMMERMAN
Director
DWR Project # 15-1231
Jackson County
On November 30, 2015, the Division of Water Resources (DWR) received an application for a 401 Water
Quality Certification, including check #5578 for $570 for the above referenced project. The state of
North Carolina does not have authority to issue 401 Water Quality Certifications on tribal lands. It is our
understanding that the Eastern Band of Cherokee Indians received authorization from the US EPA for a
401 Certification Program on January 26, 2015. As a result, we are returning check #5578 to you and it
is enclosed. We are also withdrawing this application from consideration for a 401 Water Quality
Certification.
Thank you for your attention. If you have any questions, please contact Sheri Montalvo at
[e-mail] or me at [phone].
Sincerely,
Karen A. Higgins, Supervi r
401 & Buffer Permitting Branch
Enclosure: check #5578
cc: Eastern Band of the Cherokee Indians, PO Box 455, Cherokee, NC 28719
Todd Bowers — EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
Tasha Alexander, USACE Asheville Field Office
Tim Fox, DWR Asheville Regional Office
401 & Buffer Permitting Unit - File Copy
Filename: 151231 Eastern Ban dCherokeelndians(Jackson)_Check Return
State of North Carolina I Environmental Quality I Water Resources 1401 & Buffer Permitting
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 707 6300