20011781 Ver 1_Response to Contends Waived_20021220

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Mr. Crowell
Tharrington Smith, L.L.P.
209 Fayetteville Street Mall
Post Office Box 1151
Raleigh, NC 27602-1151
Dear Mr. Crowell:
December 20, 2002
Re: Tryon Road extension - Forrest Ball
Wake County
DWQ# 01-1781
Thank you for your letter of 12 November 2002 (received is the Director's office on 18
November 2002) sent to Alan Klimek. You letter contends that DWQ waived the 401 Water Quality
Certification for this project since more than 60 days lapsed from the alleged email to John Dorney on
June 6`h. We do not agree that the 401 Certification has been waived because I can find no record that I
ever received this email. However even if I had, we believe that the 401 Certification was not waived
because the email is not a written response to your January 25 letter as required and it did not provide
the maps as requested in the letter.
Please call me at 733-9646 if you have any questions.
Cc: Jill Dickey Attorney General's Office
Alan Klimek
Coleen Sullins
File Copy
Central Files
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/newetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
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R. Dorney
rvisor, Wetlands U 't
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