20071250 Ver 1_Notice of Withdrawal_20080114

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins. Director
Division of Water Quality
January 14, 2008
DWQ Project # 07-1250
Mitchell County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Unimine Corporation
Attn: Jeff Ferguson
Post Office Box 588
Spruce Pine, NC 28777
Subject Property: Hawkins Mine
NOTICE OF RETURN
Dear Mr. Ferguson:
On July 20, 2007, you requested a 401 Water Quality Certification from the Division of Water Quality
(DWQ) for your project. We wrote to you on October 15, 2007 discussing concerns that we have
regazding 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 October 15, 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. ///J
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Asheville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
Marks Enterprises, Dr. B. Dan Marks, 1 Palatka Drive, Arden, NC 287004
Filename: S:\2008 Correspondence\07-1250 Hawkins Mine (Mitchell) Return.doc
401 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] / lntemet: http•//h2o enr state.nc.us/ncwetlands
Nc~ Carolina
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