20141150 Ver 2_Email_20161114

Strickland, Bev
From:Zimmerman, Jay
Sent:Monday, November 14, 2016 10:41 AM
To:Higgins, Karen
Cc:Reeder, Tom; [e-mail]
Subject:Re: Biogen-401 Modification Request
Karen,
I stopped by your office after the emc mtg to give you a heads up. Kevin advised me he had talked to Tom and
John so we need to touch base with them before responding to Kevin.
From: Kevin Martin <[e-mail]>
Sent: Friday, November 11, 2016 12:34:16 PM
To: Higgins, Karen
Cc: Zimmerman, Jay; Reeder, Tom; [e-mail]

Subject: Biogen-401 Modification Request

Karen, please find attached a formal request for a modification of conditions in the
attached 401 certification to remove the requirement for intermittent stream
mitigation, by state law such a requirement is prohibited. Since the impacts
authorized under the request have not occurred and since the revised 401 would
be dated after the effective date of the session law that prohibits such a
requirement, this should not be construed as a retroactive application of the law.
Our client would like to commence work on this project before their 404 permit
expires but needs to have this 401 revised before doing so.
I realize there may have been some opinions rendered on this issue on the past,
but believe they were in error. Please contact me if you have questions or require
further information to process this request.

Kevin C. Martin

Principal
Soil & Environmental Consultants, PA
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Raleigh, NC 27615

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