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HomeMy WebLinkAbout20201730 Ver 1_Denial_20210309ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANI£L SMITH Director NORTH CAROLINA Environmental Quality March 9, 2021 DWR # 20-1730 Mecklenburg County CERTIFIED MAIL: 7019 1120 0000 8362 0277 RETURN RECEIPT REQUESTED Mr. Tim Thompson, Project Mgr. Bobby MacNaughton LGI Homes NC, LLC 3037 Sherman Dr. Lancaster, SC 29720 Delivered via email to hmacnaLtghton(a�igihomes.com Subject: DENIAL of 401 Water Quality Certification Application Villages at Creedmore Dear Mr. Tim Thompson: On January 6, 2021 the Division of Water Resources (Division) received your fee and application requesting a 401 Water Quality Certification from the Division for the subject project. On January 8, 2021 the Division determined that your application was incomplete and requested proper information regarding the applicant, authorization form, signatures and site plan. On February 11, 2021, further information was requested regarding the culvert design. 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 request for additional information, 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 (919) 431-3000. 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 Qom, _ North Carolina Department of Environmental Quality I Division of Water Resources wJ�}/� Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 N11H fH (:A�i(1!.INA � 0­O,toreWM—talQ"I 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 alan.johnsonOncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: J' j Pb�yf 8F8198649DD2478... Ffo r Daniel Smith, Director Division of Water Resources cc: Bryan Rhoden Reynolds, USACE, Charlotte Regulatory Field Office (via email) Perry Isner, Wetland/Waters, email DWR MRO 401 files Docu5�". 6 S E C U R E 6 Certificate Of Completion Envelope Id: 06E6FOOA5Cll45ADB4D3B05CDAB4lDl2 Status: Completed Subject: DocuSign: 20-1730 Villages of Creedmore - DENIAL.docx Source Envelope: Document Pages: 2 Signatures: 1 Envelope Originator: Certificate Pages: 2 Initials: 0 Jeffrey Poupart AutoNav: Disabled 217 W. Jones Street Envelopeld Stamping: Disabled Raleigh, NC 27699 Time Zone: (UTC-08:00) Pacific Time (US & Canada) jeff.poupart@ncdenr.gov IP Address: 75.177.144.145 Record Tracking Status: Original Holder: Jeffrey Poupart Location: DocuSign 3/9/2021 1:08:15 PM jeff.poupart@ncdenr.gov Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: North Carolina Department of Environmental Location: DocuSign Quality Signer Events Signature Timestamp Jeffrey Poupart DocuSignednr: Sent: 3/9/2021 1:08:30 PM jeff.poupart@ncdenr.gov '1�t�(�f rb ayf 548FB11649oo2a�... Viewed: 3/9/2021 1:08:37 PM DWR Signed: 3/9/2021 1:10:16 PM DEQ Freeform Signing Security Level: Email, Account Authentication Signature Adoption: Pre selected Style (None) Using IP Address: 75.177.144.145 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Alan Johnson Sent: 3/9/2021 1:10:17 PM alan.johnson@ncdenr.gov ED Env. Sr. Specialist North Carolina Department of Environmental Quality Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/9/2021 1:08:30 PM Envelope Summary Events Certified Delivered Signing Complete Completed Status Timestamps Security Checked 3/9/2021 1:08:37 PM Security Checked 3/9/2021 1:10:16 PM Security Checked 3/9/2021 1:10:17 PM Payment Events Status Timestamps