20181699 Ver 1_Denial_20200113

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
January 13, 2020
DWR # 20181699
New Hanover County
CERTIFIED MAIL: 7013 3020 0000 7632 0185
RETURN RECEIPT REQUESTED
Shinn Creek Estates HOA
ATTN: Ben Stephenson
6433 Shinn Creek Lane
Wilmington, NC 28409
Subject: DENIAL of 401 Water Quality Certification Application
Shinn Creek Estates
Dear Mr. Stephenson,
On December 11, 2018, the Division of Water Resources (Division) received your CAMA Major
application, requesting a 401 Individual Water Quality Certification from the Division for the
subject project. On April 22, 2019 the NC Division of Coastal Management denied your request
for the CAMA Major Permit. 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.
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
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
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
wn wn
919.707.9000

Shinn Creek Estates
DWR# 20181699
Denial of Application
Page 2 of 2
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,
Linda Culpepper, Director
Division of Water Resources
cc: Rachel Capito, USACE Wilmington Regulatory Field Office (via email)
Todd Bowers, EPA (via email)
Gregg Bodnar, NC DCM
Robb Mairs, DWR WiRO
DWR 401 & Buffer Permitting Unit
Filename: 20181699ShinnCreekEstates(New Hanover)_401_Denial