20201093 Ver 1_Application Returned_20210330

DocuSign Envelope ID:A47A0779-46DA-470D-BE3C-87E35DED8COC
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DIONNE DELLI—GATTI '•, ,a n .'
Secretary �` "'_"==
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
March 30, 2021
Mr.Phil Harris,III,P.E.
NCDOT Environmental Analysis Unit Manager
1598 Mail Service Center
Raleigh,NC 27699-1598
Subject: Return of 401 Water Quality Certification for B-5813,BIMS No.20201093
Dear Mr.Harris:
The Division of Water Resources(DWR)has reviewed your submittal for a 401 Water Quality Certification for the
aforementioned project and found it lacking. Initial PCN submittal was received on September 2,2020 and a
request for additional information was sent October 30,2020.A site visit was requested and performed on
November 13,2020 to address inadequate information presented in the PCN.The site visit provided additional
questions instead of providing answers,including how to handle the sewer lines and manhole in the area of impact
and stream relocation,which were omitted in the PCN.
Per an email received from NC DOT on March 1,2021,the design problems could not be resolved in a timely
manner and thus the application is being returned. Please resubmit when all project concerns have been addressed.
Therefore,pursuant to 15A NCAC 2H.0507(a)(3),we are denying the permit application. Furthermore,until the
information is received by the NC Division of Water Resources,we request(by copy of this letter)that the US Army
Corps of Engineers place the permit application on hold.
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty(60)days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm,except
for official state holidays. The original and one(1)copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five(5)business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,NC 27699-6714
Telephone: [phone],Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
DEj North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROUNA
Department of Environmentel ou.ury 919,707.9000

DocuSign Envelope ID:A47A0779-46DA-470D-BE3C-87E35DED8C0C
Mr.Bill F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions,please contact Donna Hood at(704)235-2193 or [e-mail]
Sincerely,
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Division of Water Resources
Electronic copy only distribution:
Crystal Amschler,US Army Corps of Engineers,Asheville Field Office
Eric Alsmeyer,US Army Corps of Engineers, Raleigh Field Office
Joel Howard,Division 10 Environmental Officer
Michael Turchy,NC Department of Transportation
Marla Chambers,NC Wildlife Resource Commission
DE - j North Carolina Department of Environmental Quality i Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROUNA
Department of etiironmenr,i ou.ury 919,707.9000