20080911 Ver 1_Notice of Withdrawal_20081104

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November 4, 2008
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. R Kirk Leone
5832 Carriage Farm Drive
Raleigh, NC 27603
Project Name: Bailey's Landing Phase 3
NOTICE OF WITHDRAWAL-EXPRESS REVIEW PROGRAM
Dear Mr. Leone:
Coleen H. Sullins, Director
Division of Water Quality
Wake County
On June 25, 2008, the Division of Water Quality (DWQ) received your PCN application for the above-referenced project.
On June 30, 2008 and July 9, 2008 DWQ requested additional information and was prepared to issue a 401 certification
GC 3704 which corresponds with the Corps NW Permit 14. However, after conversing with Brandon McLamb regarding
whether or not the NW had been verified with the Corps (Mr. Jamie Shern), it was determined on July 11, 2008 that the
issuance of the permit would be put on hold until verification had been received. If a NW 29 permit was requested by Mr.
Shern, then a GC 3705 would need to be issued instead of a GC 3704. No written responses or communications have
been received by this office since that date. As a result of your failure to provide adequate responses within the additional
30-day timeframe of the Express Review Program, we must withdraw your permit application from the Express Review
Program.
Should you choose to pursue the Winston Bailey's Landing Phase 3 Project, please reapply after having verified the
Nationwide permit to us with a modified PCN form. If you are interested in having this project reviewed through the
Express Review Program, you must reapply with the submittal of an Initial Interest Form
[http://h2o.enr.state.nc.us/ncwetlands/documents/InitiallnterestFormV5.doc]. Since we have already reviewed your
project from the technical aspect, a very quick review is ensured.
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 Statutes and Administrative Code.
If you have any questions or wish to discuss these matters further please do not hesitate to call Lia Myott Gilleski at
919-733-9502.
Sincerely,
L Cyndi B. Karoly, Supervisor
401 /Express Review Oversite Unit
CBK/lmg
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] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Noe Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper
cc: Jamie Shern, USACE Raleigh Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
Matt Matthews, DWQ Branch Manager
Brandon McLamb, Stewart-Proctor PLLC, 319 Chapanoke Rd., Suite 106, Raleigh, NC 27603
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