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ENVIRONMENTAL QUALITY
February 24, 2016
CERTIFIED MAIL 7013 2630 0001 8998 3998
RETURN RECEIPT REQUESTED
Nichelle Hamilton and Matthew Bartles, Homeowners
6001 McNair Road
Charlotte, North Carolina 28212
Dear Homeowners:
PAT MCCRORY
Riovernof
DONALD R. VAN DER VAART
sect-dirll),
S. JAY ZIMMERMAN
Uireclo '
Subject: Refusal of Coverage
Under NPDES General Permit NCG550000
Application for Certificate of Coverage (COC)
NCG551668 for Single -Family Residence (SFR)
24824 Strand Drive, Albemarle 28001
Stanly County
The Division of Water Resources (the Division) received your application requesting Certificate of
Coverage (COC) under the subject General Permit. We regret to inform you that this application must be
denied.
Only after the Director determines that an intended discharge meets surface water -quality standards may
the Division issue a General Permit COC [15A NCAC 02H .0107(d)]. We understand that you propose to
construct replacement wastewater treatment for an existing but condemned conventional subsurface
system (septic tank and leach field). This original system serviced a 3-bedroom, single-family residence
(permitted at 360 gpd). We must deny your application under NCG550000 because:
1. The proposed surface transport path to waters -of -the -state may constitute hydrologic
trespass considering that a legal deed "easement" or "right-of-way" across adjacent
property has not been established.
2. DUDE Energy, owner and manager of Lake Tillery and its designated perimeter buffer,
has informed NPDES that they are not excepting new discharges to Lake Tillery, see
Lake Tillery Guidelines for Use... " [Version 8, 2012, page 9, section 9.4].
Therefore, in accordance with 15A NCAC 02H .0112(6), your application for Certificate of Coverage
(COC) under NPDES General Permit NCG550000 is hereby refiised and returned to you [ 15A NCAC
2H.0107(d)]. You may contest this decision 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 (OAH)
within sixty (60) calendar days.
A petition form may be obtained fiom the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at (919) 431-3000 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).
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: 919-807-63001 Internet: Internet: \v%vw.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
Nichelle Hamilton and Matthew Bartles, Homeowners
6001 McNair Road, Charlotte 28212
February 5, 201,6
Page 2 of 2
The petition may be faxed to the OAH at (919) 431-3100, 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:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This completes the review of the Division under 15A NCAC 02H .0100. Please be aware that you have no
authorization under North Carolina General Statute 143-215.1 to discharge wastewater to waters of the state for
this activity, and any work done within waters of the state would violate North Carolina General Statutes and
Administrative Code. If you have any questions or concerns, contact Joe R. Corporon. P.G. 4t
Doe.corporon@ncdenr.gov] or call his direct line (919-807-6394).
Sincerely,
f
S4ay errnan, P.G., Director
Division of Water Resources
hc: NPDES General Permit Files
ec: Gary MacConnell, P.E. [gsmmacassoc@bellsouth.net]
DUKE Energy, Eric Rouse [Eric.Rouse@duke-energy.com]
Jeff Poupart, Section Chief, DWR/WQPS
John Hennessy, Supervisor, NPDES/CEPU
Corey Basinger, Supervisor, MRO/SWPS
RECEIVED/NCDENR/DWR
I. FAA
MAY 182015
NCDENR WQR
MOORESVILLE REGIONAL OFFICE
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Nichelle Hamilton
6001 McNair Road
Charlotte, NC 28212
Dear Ms. Hamilton:
Donald R.van der Vart
Secretary
May 15, 2015
Subject: Acknowledgement of New Permit Application
Permit#: NCG551668
24824 Strand Drive
The Division of Water Resources received your application for coverage under NPDES General
Permit NCG550000 (Check #30904 in the amount of $60.00) on May 12, 2015. The application has
been assigned number NCG551668, and has been given to Joe Corporon for review.
The reviewer will perform a detailed review and contact you with a request for additional,
information if necessary. To ensure the maximum efficiency in processing permit applications, the
division requests your assistant in providing a timely and complete response to any additional
information requested.
Please refer to the above application number when making inquiries on this project. If you have
any questions, please contact Mr. Corporon at 919-807-6394, or via e-mail at
joe.corporon@ncdenr.gov.
Sincerely,
W rrem, Tkt4t fo-v&
Wren Thedford
Wastewater Branch
ec:,Mooresville Regional Office
[Permit File NCG55-1668)
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: 919-807-63001 Internet: www.nGwaterquality.org
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