20201717 Ver 1_Denial_20210303

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 3, 2021
DWR # 20-1717
Cabarrus County
CERTIFIED MAIL: 7019 1120 0000 8362 0260
RETURN RECEIPT REQUESTED
Steve Ross
PP@ I LLC
77 McCachern Blvd. SE, Ste 2
Concord, NC 28025
(Also Delivered via email to: [e-mail])
Subject: DENIAL of 401 Water Quality Certification Application
Irish Potato Road Project
Dear Mr. Ross:
On December 23, 2020, the Division of Water Resources (Division) received your fee for the application
submitted on December 17, 2020, requesting a 401 Water Quality Certification from the Division for the
subject project. On January 20th, and February 16, 2021, 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 complete response to these request. 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 is hereby denied. Once you have
addressed all of the items listed in the requests for additional information dated January 20th, and
February 16, 2021, 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 150B 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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
NoarH c oaouNa �
oePxnmem i enmmomenwi auaiN /� 704.663.1699

1601 Mail Service Center
Raleigh, NC 27699-1601
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 Alan Johnson at 704-560-0403 or [e-mail] if you have any questions or
concerns.
Sincerely,
Daniel Smith, Director
Division of Water Resources
cc: USACE, Charlotte Regulatory Field Office (via email)
Todd Bowers, EPA (via email)
DWR MRO 401 files