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Home My WebLink About20140957 Ver 2_DraftsGivenToLinda01-22-18_140957v2AtlanticCoastPipeline(Multi)_401_IC_NRB_TAR_Denial_20180122WaterResources ENVWONMIENTAL QUALITY CERTIFIED MAIL: xxxx xxxx xxxx xxxx xxxx RETURN RECEIPT REQUESTED Atlantic Coast Pipeline, LLC Attn: Ms. Leslie Hartz 707 E. Main Street, 191h Floor Richmond, VA 23219 January XX, 2018 ROY COOPER MICHAEL S. REGAN DWR # 14-0957 v2 Northampton, Halifax, Nash, Wilson, Johnston, Sampson, Cumberland and Robeson Counties DRAFT Subject: DENIAL OF 401 WATER QUALITY CERTIFICATION AND TAR-PAMLICO/NEUSE RIPARIAN BUFFER AUTHORIZATION CERTIFICATES Atlantic Coast Pipeline USACE Action ID. No. SAW -2014-01558 Dear Ms. Hartz: On May 9, 2017, the Division of Water Resources (Division) received your application requesting a 401 Water Quality Certification and Tar -Pamlico and Neuse Riparian Buffer Authorization Certificates from the Division for the subject project. Pursuant to 15A NCAC 02H .0506, a certification shall be issued when the Director determines that water quality standards are met. Pursuant to 15A NCAC 02B .0233 (8) and .0259 (8), a Buffer Authorization Certificate shall be granted when the Division determines there is no practical alternative. The project has not met the following requirements: Rule Citation "Rule text..." Explanation... In accordance with 15A NCAC 02H.0507(e), 15A NCAC 02B.0233(8), and 15A NCAC 02B.0259(8), your application for a 401 Water Quality Certification and Buffer Authorization Certificates are hereby denied. This decision can be contested as provided in General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. State ofNorth Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 8076300 Atlantic Coast Pipeline, LLC DWR# 14-0957 v2 Denial Page 2 of 2 A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served t William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This completes the review of the Division under section .0500 and the Neuse and Tar -Pamlico Riparian Buffer Pi no authorization under Section 401 of the Clean Water Protection Rules for this activity and any work done wit ive C 101 of the Clean Water Act and 15A NCAC 02H itection Rules. Please be aware that you have ct or the Neuse/Tar-Pamlico Riparian Buffer in waters of the state may be a violation of !. Contact Karen Higgins at 919-807-6360 or any questions or concerns. Sincerely, Linda Culpepper, Interim Director Division of Water Resources cc: Richard Gangle, Dominion Resources Services, Inc. (via richard.b.gangle@dom.com) Spencer Trichell, Dominion Resources Services, Inc. (via spencer.trichell@dom.com) USACE Raleigh Regulatory Field Office USACE Wilmington Regulatory Field Office Todd Bowers, EPA (via bowers.todd@epa.gov) DWR 401 & Buffer Permitting Branch file Filenarne: 140957v2AtlanticCoastPipeline(Multi)-401—IC—NRB—TAR—DENIAL.docx