20181595 Ver 1_Denial_20200113

ROY COOPER
Governor
MICHAELS.REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
January 13, 2020
DWR # 20181595
New Hanover County
CERTIFIED MAIL: 7013 3020 0000 7632 0178
RETURN RECEIPT REQUESTED
Mr. Mark Hollifield
Ms. Patricia Hollifield
6900 Wild Magnolia Road
Wilmington, NC 28411
Subject: DENIAL of 401 Water Quality Certification Application
6900 Wild Magnolia Road
Dear Mr. and Mrs. Hollifield,
On November 20, 2018, the Division of Water Resources (Division) received your application,
requesting an after -the -fact 401 Water Quality Certification from the Division for unauthorized
impacts at the subject site. On December 18, 2018 the US Army Corps of Engineers requested
more information on the subject project. On January 11, 2019, the Division determined that
your application was incomplete and also requested additional information on the subject
project. Both letters concurred that the unauthorized impacts were under -represented on the
after -the -fact application by approximately 1.1 acres and that an Individual Permit/Certification
would be required. As of the date of this letter, you have not provided a response to the
Division's request or an after -the -fact Individual Permit application. Therefore, the Division
cannot certify that the subject project will comply with Sections 301, 302, 303, 306, and 307 of
the federal Clean Water Act. The Division still requires that the violations be abated
immediately and properly resolved.
In accordance with 15A NCAC 02H .0507(e), your application for a 401 Individual Water
Quality Certification is hereby denied. Once you have addressed all of the items listed in the
request for additional information, you may reapply to the Division, including a complete
application package and the appropriate fee.
The Division's decision can be contested as provided in Chapter 150B of the North Carolina
General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North
Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements
for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title
26 of the North Carolina Administrative Code. Additional information regarding requirements
for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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919.707.9000

6900 Wild Magnolia Road
DWR# 20181595
Denial of Application
Page 2 of 2
the OAH Clerk's Office at [phone]. One (1) copy of the Petition must also be served to the
North Carolina Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please be aware that you have no authorization under Section 401 of the Clean Water Act for
this activity and any work done within waters of the State or riparian buffers may be a violation
of North Carolina General Statutes and Administrative Code.
Please contact Paul Wojoski at 919-707-3631 or [e-mail] if you have any
questions or concerns.
Sincerely,
Y(L,,--
Linda Culpepper, Director
Division of Water Resources
cc: David Syster, Southern Environmental Group, Inc. (via email)
Rachel Capito, USACE Wilmington Regulatory Field Office (via email)
Todd Bowers, EPA (via email)
Robb Mairs, DWR WiRO
DWR 401 & Buffer Permitting Unit
Filename: 20181595_6900WildMagnolia Road(New Hanover)_401_Denial