20071250 Ver 1_More Info Letter_20071015

~QF WA T~9p Michael F. Easley, Governor
`Q (r William G. Ross Jr., Secretary
Cp ~ North Carolina Department of Environment and Natural Resources
~ ~
O ~. Alan W. Klimek, P.E. Director
~ Division of Water Quality
October 15, 2007
DWQ Project # 07-1250
Mitchell County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Unimin Corporation
Attn: Jeff Ferguson
PO Box 588
Spruce Pine, North Carolina 28777
Subject Property: Hawkins Mine
Incomplete Application
® RETURN OF APPLICATION PACKAGE
Dear Mr. Ferguson:
On July 20, 2007, the Division of Water Quality (DWQ) received your application to fill or otherwise
impact 0.11 acres of 404/wetland, 7,440 linear feet of stream, and 1.44 acres of open water. On October
12, 2007, the DWQ received additional information from you, however, the DWQ has determined that
your application remains incomplete and/or provided inaccurate information as discussed below.
Additional Information Requested:
® Water Quality Certification, See I. Processing, Item 2.. Please state which Permit
(Nationwide, Regional or General) number you intend to use. You must contact the U.S.
Army Corps of Engineers (USAGE) to determine which permit they will allow you to use. The
Asheville Regulatory Field Office telephone number is [phone].
® Incorporated in the information received October 12, 2007 was an Initial Interest Form for the
Express Review Program. That is not the correct process to get a project accepted for Express
Review. The Express Review program is outlined on the following website:
http•//h2o enr state.nc.us/ncwetlands/express review.htln
® Incorrect permitting fee amount. Please see above item. Your check # 557090 for $475 is
herein enclosed for fee correction. DWQ does not retain any payment unless it is in the
correct amount.
Please note that beginning July 1, 2007, the N.C. General Assembly passed an increase for
application fees for all regulatory programs administered by DWQ. The director of DWQ
determined that the fee increase would specifically become effective for the 401 Program on
September 1, 2007. Applications received as of September 1, 2007 with insufficient funds to
meet the legislation will be return.
The fee for applications is $240 for projects impacting less than an acre of wetland and less
than 150 linear feet of streams whether intermittent or perennial). For projects impacting one
40] Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: Itttn~//h2o enr state nc us/ncwetlands
No e hCarolina
~atura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/]0% Post Consumer Paper

or more acres of wetland or 150 dr more feet of streams (whether intermittent or perennial),
the fee is $570.
For this reason your permit application is hereby considered withdrawn. Once you have redesigned your
project to address the problems and inadequacies with your application as it was submitted, 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 could be a violation of North Carolina General Statutes and
Administrative Code. Please call Ian McMillan or Cyndi Karoly at 919-733-1786 if you have any
questions regarding or would like to set up a meeting to discuss this matter. /~
~~
CBK/ljd
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
Enclosures: Check #557090 for $475
Application package (1 set) received July 20, 2007
Application package (1 set) received October 12, 2007
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
Marks Enterprises, Dr. B. Dan Marks, 1 Palatka Dr., Arden, NC 28704
File Copy + check copy
Central Files + check copy
Filename: 071250HawkinsMine(Mitchell)_Returned Appl

Unimin Corporation
VENDOR No: 422466
INVOICE No INV. DATE
092507 09/25/
BY ENDORSEMENT THIS CHECK WHEN PAID IS ACCEPTED
IN FULL PAYMENT OF THE FOLLOWING ACCOUNT
557090
vENDOR NAME: NCDENR -WATER QUALITY
DESCRIPTION GROSS AMOUNT
475.00
DATE: 10/04/2007
DISCOUNT NET AMOUNT
0.00 475.00 ',
D
i
I ~ IN1~ 5Tt)R%~;yyA- 6R D
NET AMOUNT TOTAL ~ 475.00
___.
.! Bank of America 64-1278 557090
i; ' Controlled Disbursement 611
Bank of AmerlCa, N.A.
Atlanta, Dekalb County,Ceorgla
VOID LQ[,~4~~G3 ~0 DL°Q~I~
Unimin Corporation
258 Elm Street, New Canaan, CT 06840
s Of100 Dollars
PAY Four Hundred Seventy Five ---------------------~-~----------~----"''~__~~~_~w~~_~
TO THE NCDENR -WATER QUALITY
oR°ER 1617 MAIL SERVICE CENTER "~
°F RALEIGH, NC 276991617 _ ~~~- T
AUTHORIZED SIGNgTU~-
f~.4~AN 7
AUTHORIZED SIGNATURE
DATE AMOUNT
10/04/2007 $*******475 .00
11'55709011' x:06 L L L 2788: 0 ~0 L L8 204711'