20191711 Ver 1_Denial_20201230

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
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NORTH CAROLINA
Environmental Quality
December 11, 2020
DWR # 20191711
Johnston County
CERTIFIED MAIL: 7017 2680 2235 9110
RETURN RECEIPT REQUESTED
Tracy Lee Coats
170 Townsend Drive
Clayton, NC 27527
Subject: DENIAL of 401 Water Quality Certification and Neuse Riparian Buffer
Authorization Application
Hawthorne East Subdivision
Dear Ms. Coats:
On December 14, 2019, the Division of Water Resources (Division) received your application
requesting a 401 Water Quality Certification and Buffer Authorization pursuant to 15ANCAC
02B .0611, a certification/permit shall be issued when the Director determines that water
quality standards are met. The project has not met the following requirements:
On January 29, 2020, the Division determined that your application was incomplete and
requested additional information on the subject project. As of the date of this letter, the
applicant has not provided a response to this request. Therefore, the Division cannot certify
that the subject project will comply with Section 401 of the federal Clean Water Act and the
Neuse Buffer Rules [15A NCAC 02B .0233].
In accordance with 15A NCAC 02H .0507(e) and 15A NCAC 02B .0233 your application for 401
Water Quality and Buffer Authorization is hereby denied.
This decision can be contested as provided in Articles 3 and 4 of 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.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone] 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).
D EQ�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NoaTH cAROL A �
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Hawthorne East Subdivision
DWR# 20191711
Denial of Application
Page 2 of 2
The petition may be faxed to the OAH at [phone], 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 to DENR:
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 401 of the Clean Water Act and 15A
NCAC 02H .0506 and the Riparian Buffer Rules. Please be aware that you have no authorization
under Section 401 of the Clean Water Act or the Riparian Buffer Rules for this activity and any
work done within waters of the state would be a violation of North Carolina General Statutes
and Administrative Code. Contact Stephanie Goss at 919-791-4253 or
[e-mail] if you have any questions or concerns.
Sincerely,
S
S. Daniel Smith
Director, Division of Water Resources
cc: Wyatt Brown, Brown Environmental (via email)
Chris Hopper, USACE Raleigh Regulatory Field Office (via email)
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit file