20210034 Ver 1_Return 401 Startown Robinson Road Connector 20210034 03302021_20210401 (2)

DocuSign Envelope ID: F715281C-2E0C-4B12-B98A-FCBBAB4E55D1
DFs,.t STATE UFkD
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ROY COOPER sLx: . �
Governor 6 r-. O-
DIONNE DELLI—GATTI '';` ,a1n,' « ,i
Secretary 4,c„` o =
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
April 1,2021
Mr. Shawn Pennell,Director of Public Utilities
City of Hickory
76 North Center Street
Hickory,North Carolina 28601
Subject: Return of 401 PCN Application for Startown Road/Robinson Road Connector Project in Catawba County,
NC DWR#20210034
Dear Mr.Pennell:
The Division of Water Resources(DWR)has reviewed your submittal for a 401 Water Quality Certification for the
aforementioned project.Initial PCN submittal was received on February 4,2021. Review of your application
revealed it lacking necessary information required for making an informed permit decision.
A conference call was conducted with the applicant and consultants on February 19,2021 to address application
deficiencies. Emails were also sent on February 17 and 23,2021 and a response was received March 30,2021.
During the preparation of the response,the endangered plant Hexastylis naniflora was found on the project site.The
discovery of the endangered species has necessitated additional review and coordination to comply with federal and
state law.An agency coordination conference call between the USFWS,USACE,and NC DWR on March 30,2021,
the need was discussed for the applicant to resubmit an new PCN after consultation with the USFWS which would
include avoidance and minimization and project redesign. Please include an Indirect and Cumulative Impact Study
to meet NC DWR requirements with the resubmittal. Therefore,pursuant to 15A NCAC 2H.0507(a)(5),we are
denying the permit application. The project has also been placed on hold by the US Army Corps of Engineers.
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:
Mr.Bill F.Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
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 Envirenmentelou.ury 919,707.9000

DocuSign Envelope ID: F715281C-2E0C-4B12-B98A-FCBBAB4E55D1
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)682-2839 or [e-mail]
Sincerely,
DocuSigned by:
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S.]___ 9C9886312DCD474...-
Division of Water Resources
Electronic copy only distribution:
David Brown,US Army Corps of Engineers,Asheville Field Office
Krysta Stygar,US Army Corps of Engineers,Charlotte Field Office
Andre Lenon,Civil and Environmental Consultants
Byron Hamstead,US Fish and Wildlife
Marla Chambers,NC Wildlife Resource Commission
Donna Hood,DWR Transportation Permitting Branch
File Copy
D r
j North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROLJNA
Deparbnent or=ironmmmi ou.ury 919.707.9000