20190924 Ver 1_Denial_20191022

DocuSign Envelope ID: B904B67E-OBB5-47D3-82ED-58DCFB9AA60F
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Err0MF1rh#rtf4kl Quarlry
October 22, 2019
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Bret Canipe, PE
Division Engineer, Division 10
716 West Main Street
Albemarle, North Carolina, 27699-1598
Subject: Denial of 401 Water Quality Certification for Proposed Replacement of Culvert 121 on SR 1230
(Meltonville Church Road) in Anson County, State Project No. 1713P.IO.C.9, RIMS No. 20190924
Dear Mr. Canipe:
The Division of Water Resources (DWR) has reviewed your submittal for a 401 Water Quality Certification for the
aforementioned project. Initial PCN submittal was received on June 12, 2019 and additional information was
requested September 9, 2019. Additional information was received on October 11, 2019 that included only part of
the additional information requested. A second request was made October 15, 2019 for the omitted information and
on October 16, 2019 an email response from the Division 10 Bridge Engineer was received stating the following:
"All efforts on the subject project are on hold and no further discussions or activities
associated with the project is to happen until further notice.
The rational is not related to the issues that we're discussing about structure type and the
channel impacts. The reasons are related to fiscal constraints. The review of the design and
considerations raise will again be addressed in the future when work may begin again."
Therefore, pursuant to 15A NCAC 211.0507(a)(5), we are denying the permit application. Furthermore, until the
information is received by the NC Division of Water Resources, we request (by copy of this letter) that the US Army
Corps of Engineers place the permit application on hold. When funding becomes available for this project, please
contact resource agencies prior to resubmittal to help ensure all deficiencies are addressed and the PCN can be
processed most expeditiously.
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except
RENorth Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: B904B67E-OBB5-47D3-82ED-58DCFB9AA60F
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed -provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Donna Hood at [phone] or [e-mail]
Sincerely,
DocuSigned by:
*4 ,(�
Linda �u�'c Director
pepper,
Division of Water Resources
Electronic copy only distribution:
Nicholle Braspennickx, US Army Corps of Engineers, Charlotte Field Office
Joel Howard, Acting Division 10 Environmental Officer
Michael Turchy, NC Department of Transportation
Marla Chambers, NC Wildlife Resource Commission
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
D-F""� 919.707.9000

Poslage
a
Certified Fee
Rehm Receipt Fee
POGWwk
Here
(Endorsement Repaired)
Residcted ZVA'y Fee
(Fsdorsement Regwed)
Total Postage 8 Ft
Mc Brett Canipe, P.E.
r o
Interim Division Engineer, Division 10 —
NCDOT
3eia%fat_Fk� _
716 West Main Street
wpa B.No..
cxy were, zitia"'
Albemarle, NC 28001 ----

A Certified Mall receipt(this portion ofthe
mailpiece; Include applicable postage to
Certified Mail labeg.
cover the realm receipt service fee; and
A unique Identifier for your mailpiece.
endorse the mallpiece "Return Receipt
Electronic verification of delivery or attempted
Requested," or see a retail associate for
delivery.
assistance. For an electronic return receipt,
A record of delivery gncluding the recipient's
we a retail associate for assistance. To
signature) that is retained by the Postal
receive a duplicate return receipt, present
Service- for a specified period.
this USPSs-postmarked Certified Mail
receipt to the retail associate, who will
mportentRomindem
provide a duplicate return receipt for no
You may purchase Certified Mail service with
additional fee.
First -Class Mail-, First -Class Package
- Restricted delivery service, which provides
Service•, or Priority MW service.
delivery to the addressee specified by name,
Certified Mall service is notavailablo for
or to the addressee's authorized agent
International mall.
Include applicable postage te cover the
Insurance coverage is notavailzble for
restricted delivery foe and encores the
purchase with Certified Mall service. However,
mallpiece'Restncted Delivery," or bee a
the purchase of Certified Mall service does not
retail associate for assistance.
change the Insurance coverage automatically
. To ensure that your Certified Mail receipt Is
Included with certain Priority Mail items.
accepted as legal proof of mailing, it should
For an additional fee, you may request the
bear a LISPS postmark. If you would like a
following services:
postmark on this Certified Mail receipt, please
- Return receipt service, which provides you
present your Certified Mail them at a Post
with a record of delivery [Including the
Office" for postmarking. If you don't need a
recipient's signature). You can 'squeal a
postmark on this Certified Mail receipt, detach
hardcopy return receipt or an electronic
the barcaded portion of this label, affix it to the
version. For a hardcopy return receipt,
mailpiece, apply appropriate postage, and
complete PS Farm 3811, Domestic Return
deposit the mailpiece.
Receipt attach PS Form 3811 to your
tatPUarART. Save 016 receipt for your records.
AHnn ,

■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front If space permits.
1. Article Addressed to:
Mr. BraCanipe, P.E.
Interim Division Engineer, Division 10
NCDOT
716 West Main Street
Albemarle, NC 28001
A. Signature
❑ Agent
X
%C h ( ❑ Addresse,
B. Rice ed by (Printed Neme) C. e D Ilver!
Ei2 'Yhm 2119
D. Is delivery address ri ferent from Rem 11 ❑ Ye
If YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) 17 yes
2. Artic(ftr Number 7D14 2120 0003 9402 2243
(Ttansfer Irom seevice labs/)

UNITED STATt;*Pki;R 71&
3C
IIIIIPSPS �N& FGe;s� Paid
• Sender: Please print your name, address, and ZIP+4 in this box
NOV 0 6 2019 Division of Water Resources
ow Wetlands Branch
rmitting Uctiaa Kristi Lynn Carpenter
1617 Mail Service Center
Raleigh NC 27699-1617
11'111111111�I�II��If'11111'I�11'1111111�IIf�lll'I"'1111�'�1111'