20201576_Application Return DWR 20201576 11.18.2020.docx_20201119

DocuSign Envelope ID: D64BECBC-48DE-4090-A02A-9DBBO1 D7A4CF
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Governor
MICHAEL S.REGAN * i 12 S1'6
Secretary °$` ^°`°
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
11/18/2020
DWR# 20201576
Macon County
EMAIL DELIVERY/ READ RECEIPT REQUESTED
NCDOT— Division 14
Attn: Patrick J. Breedlove
253 Webster Road
Sylva, NC 28779
Subject: Notification of New Federal Requirements for 401 Water Quality Certification
Applications
Replace Bridge 79 on SR 1369
Dear Mr. Breedlove:
On Friday, September 11, 2020 the Environmental Protection Agency's "Clean Water Act
Section 401 Certification Rule" 1 ("Federal Rule") became effective. The Federal Rule includes
several new procedural requirements, including a requirement that "project proponents"
request a pre-filing meeting with the Division at least 30 days prior to submitting a 401
"certification request."2 In turn, the Federal Rule requires that all certification requests include
"documentation that a pre-filing meeting request was submitted"to the Division.3 The Federal
Rule's requirements for a "certification request" are in addition to the 401 application requirements
set forth in 15A NCAC 02H .0500 et. seq.
On 11/18/2020 the Division of Water Resources ("Division") received your application
requesting a 401 Water Quality Certification for the subject project with pre-filing meeting
request documents dated 10/27/2020. Your application does not include documentation that a
pre-filing meeting request was submitted to the Division at least 30 days prior to submitting
your application. Under the new Federal Rule, your application does not constitute a
"certification request." Therefore, the Division cannot process your application and is returning
your application.
As required by the new Federal Rule, you must request a pre-filing meeting with the Division at
least 30 days prior to submitting a new application. To assist you with this process, please use
the pre-filing meeting request form on the Division's website. When submitting your new
1 Docket ID: EPA—HQ—OW-2019-0405; FRL-10009-80—OW. Federal Register/Vol. 85, No. 134/Published
Monday,July 13,2020. Effective September 11, 2020.
240 CFR§ 121.4.
340 CFR§ 121.5.
Nopartment En Quality I Division Water Resourc
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DocuSign Envelope ID: D64BECBC-48DE-4090-A02A-9DBBO1 D7A4CF
DWR#20201576
Notification of New Federal Requirements for
401 Water Quality Certification Applications
Page 2 of 2
application, please use the Division's updated application forms that include additional
requirements imposed by the new Federal Rule to submit a completely new application or if no
changes have been made to your original application you may use the enclosed quick sheet
document to streamline the resubmittal process.
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 may be a violation of North Carolina
General Statutes and Administrative Code.
Please contact Kristi Lynn Carpenter at [e-mail] if you have any
questions or concerns.
Sincerely,
—DocuSigned by:
a AI
N. 9C9886312DCD474_.
S. Daniel Smith, Director
Division of Water Resources
Electronic copy only distribution:
David Brown USACE, Wilmington District ([e-mail])
Todd Bowers, EPA
Kevin Mitchell, NCDEQ Transportation Permitting Branch
DWR 401 & Buffer Transportation Permitting Branch file
Enclosures:
Quick Sheet on Process to Re-apply 401 & Buffer Permitting Non-Transportation and
Transportation Branches