20070525 Ver 1_Notice of Withdrawal_20080528

0? WAT?RQ
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
May 28, 2008
DWQ # 07-0525
cc:
CERTIFIED MAIL - RETURN RECEIPT REQUESTED Avery County
Atlantic Plan Engineering Corp.
Attn: Richard Franklin
Post Office Box 1691
Hickory, NC 28603
Subject Property: Indian Saddle
NOTICE OF RETURN
Dear Mr. Franklin:
On March 23, 2007, you requested a 401 Water Quality Certification from the Division of Water Quality
(DWQ) for your project. We wrote to you on April 11, 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 y?u-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
April 11, 2007 letter 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?19-733-1786 if you have any
questions or concerns.
Asheville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
Filename: 5:\2008 Correspondence\07-0525 Indian Saddle (Avery) Notice of Retum.doc
401 Oversight/Express Review Permitting Unit N.?One?,;tttCarolina
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 AatllrQlty
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httn://h2o.enr state nc us/ncwetlands
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Article Addressed to:
Atlantic Plan Engineering Corp
Attn: Richard Franklin
P.O. Box 1691
Hickory,NC 28603
DWQ# 07-0525-Avery
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PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
UNITED STATES POSfAL`§'ERVICt
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• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water
Quality
401 Oversight/Express unit
2321 Crabtree Boulevard suite250
Raleigh,NC 27604
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