20080802 Ver 1_Notice of Withdrawal_20081028

p?pF W A TFgG7? Michael F. Easley, Governor
y William G. Ross Jr., Secretary
t - North Carolina Department of Environment and Natural Resources
C Coleen H. Sullins Director
Division of Water Quality
October 28, 2008
DWQ # 08 0802
Carteret County
CERTIFIED MAIL - 7007 0220 0000 8222 7627
RETURN RECEIPT REQUESTED
East Bay Farms, LLC
Attn: John Taylor
PO Box 12006
New Bern, NC 28561
Subject Property: East Bay Farms, LLC, Atlantic Beach
NOTICE OF WITHDRAWAL
Dear Mr. Taylor:
On May 12, 2008, you requested a 401 Water Quality Certification from the Division of Water
Quality (DWQ) for your project. We wrote to you on June 23, 2008 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Therefore, your file is hereby considered withdrawn and will not be reviewed until DWQ's earlier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 June 23rd 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 Joanne Steenhuis at 910.796.7215 if you have any
questions or concerns.
Sin ely,
Ed Beck
Regional Supervisor
Surface Water Protection Section
Division of Water Quality
cc: Ian McMillan - 401 Oversight/Express Review Permitting Unit
Mickey Sugg- USACE Wilmington Regulatory Field Office
Stephen Rynas - DCM Morehead City
WiRO
N""oh?Carolina
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North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.ncwatergualitLre Fax [phone]
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