20200613 Ver 1_Denial_20210407

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
April 7, 2021
DWR # 20-0613
Polk County
CERTIFIED MAIL: 7020 1290 0001 1766 8675
RETURN RECEIPT REQUESTED
Thermal Belt Outreach Ministry, Inc.
Attn: George Alley
134 White Drive
Columbus, NC 28722
Subject: DENIAL of 401 Water Quality Certification
Thermal Belt Outreach Ministry
Dear Mr. Alley:
On May 6, 2020, the Division of Water Resources (Division) received your application requesting a 401
Water Quality Certification from the Division for the subject project. On July 13, 2020, 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 this 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 401 Water Quality Certification 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
1601 Mail Service Center
NORTH CAROLINA
of nwIr,rcnmemei 9uei�
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
919.707.9000

Thermal Belt Outreach Ministry
DWR# 20-0613
Denial of Application
Page 2 of 2
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 Kaylie Yankura at 828-296-4685 or [e-mail] if you have any questions
or concerns.
Sincerely,
S. Daniel Smith, Director
Division of Water Resources
ec: David Odom, P.E., Odom Engineering
David Brown, USACE, Asheville Regulatory Field Office
DWR 401 & Buffer Permitting Branch file