20071809 Ver 1_Other Agency Comments_20081007

?s¢ STATE
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u
State of North Carolina
ROY COOPER
ATTORNEY GENERAL
Department of Justice
PO Box 629
Raleigh, North Carolina
27602
October 7, 2008
John D. Leidy, Esq.
Hornthal, Riley, Ellis & Maland, L.L.P.
Post Office Box 220
Elizabeth City, North Carolina 27907-0220
Re: Town of Southern Shores v. N.C. D.E.N.R.
X71
O C T l 0 2008
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANC;i
REPLY TO:
Donald W. Laton
Environmental Division
[phone]
[phone]
[e-mail]
R D ECEWE
i
0O CT - 9 2008
WVISION OF WATER QUALITY
DIRECTOR'S OFFICE
08-EHR-0697
DWO No. 07-1809 (Dare Countyl
Request for Canal Dredging Phase I in the Town of Southern Shores
Dear John:
As I informed you by telephone on August 13, 2008, the N. C. Department of
Environment and Natural Resources, Division of Water Quality ("DENR") has determined that
the Water Quality Certification requirement under Section 401 of the Federal Clean Water Act
has been waived with respect to the activity identified in the Town of Southern Shores ("Town")
application of October 26, 2007. The Town requested certification to allow the dredging of
approximately 2.3 miles of open waters of the Currituck Sound, Jean Guite Creek, and the Town
of Southern Shores Canal system.
The reason for the waiver is the expiration of the 60 day time limit for final action on the
Certification Application required by 15A NCAC 2H.0507, prior to DENR's decision having
been made. This waiver of the 401 requirement due to DENR's allowing the time for
administrative decision to expire does not amount to an approval of the work proposed by the
application. DENR will issue a letter to the Town of Southern Shores informing the Town of
this waiver. The DENR letter will be the formal, official notification by DENR to the Town. I
expect that DENR's letter will be forthcoming in the near future. I have written you to inform
you of this circumstance since the contested case is pending, and request that you file a Voluntary
Dismissal in the above-captioned case. I apologize for any inconvenience or complication that
my delay may have caused.
Thank you for your time and consideration in this regard.
Sincerely,
TDona?ld WAssistant Attorney General
cc: Coleen Sullins
Al Hodge, DWQ WaRO
I:\Floor3\DATA\WP\EP\DLaton\Town of Southern Shores\LetterWaiver.wpd