20071649 Ver 1_Notice of Withdrawal_20080404

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, Michael F. Easley, Governor
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~ .~ Coleen H. Sullins. Director
Division of Water Quality
April 4, 2008
CERTIFIED MAIL: 7007 3020 0000 6279 7594
RETURN RECEIPT REQUESTED
Mr. Jerry Cook
Froehling & Robertson, Inc.
2505 Hutchinson -McDonald Rd
Charlotte, NC 28269
Subject Property: Cladius Rex Dam Project
NOTICE OF RETURN
Dear Mr. Cook:
DWQ # 07-1649
Alleghany County
On October 8, 2007, you~equested a 401 Water Quality Certification from the Division of Water Quality
(DWQ) for your project. We wrote to your authorized agent on November 14, 200.7 discussing concerns
that we have regarding the design of the project and stating that it would be placed on hold for three
weeks 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 22, 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,
Steve W. Tedder
Regional Supervisor
DWQ Winston-Salem Regional Office
cc: Amanda Jones, US Army Corps of Engineers, Asheville Regulatory Field Office
John Vilas, E'nV Inc., 3764 Rominger Rd, Banner Elk, NC 28604
DWQ Winston Salem Regional Office
DWQ 401/Wetlands Unit
DWQ Central Files
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax [phone]
IntemeC www.ncwaterquality.ore
Noe Carolina
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