20200186 Ver 1_Denial_20200414

DocuSign Envelope ID: 0744692F-774E-43CO-89ED-ECAFOA960998
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
NORTH CAROLINA
Errs M"fh#rtfdI Quarlry
S. DANIEL SMITH April 14, 2020
Director
Mr. Donny Hicks, Executive Director
Gaston County Economic Development Commission
620 North Main St
Belmont, NC 28012
Subject: Denial of 401 Water Quality Certification for Proposed Apple Creek Corporate Park Project in Gaston
County, NC DWR# 20200186
Dear Mr. Hicks:
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 February 4, 2020 and payment was received on
February 14, 2020. Review of your application revealed it lacking necessary information required for making an
informed permit decision. The permit application was deficient in the following areas:
• Documentation supporting the decision that the project does not meet SEPA/NEPA review requirements
• Stormwater calculations for build out/development of stormwater basins
• Indirect and cumulative impact analysis
• Approval by the delegated Stormwater Phase II program
• Supporting documentation of FEMA approval
• Documentation of submittal of additional information requested by US Fish and Wildlife Service
• Agent Authorization letter with all required signatures
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.
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
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]
North Carolina Department of Environmental Quality I Division of Water Resources
r� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 0744692F-774E-43CO-89ED-ECAFOA960998
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:
9C9886312DCD474...
S. Danny Smith, Director
Division of Water Resources
Electronic copy only distribution:
Catherine Janiczak, US Army Corps of Engineers, Charlotte Field Office
Byron Hampstead, US Fish and Wildlife
Marla Chambers, NC Wildlife Resource Commission
Donna Hood, DWR Transportation Permitting Branch
File Copy
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
an— a L " �� 919.707.9000