20210723 Ver 1_Application Returned_20210422

DocuSign Envelope ID: 15D5CF89-052D-465E-BE0A-FD89B691A1A3
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ROY COOPER
Governor '
MICHAEL S.REGAN ''` * 12 S1 , A-='
Secretary °S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
4/22/2021
DWR# 20210723 version 1
Buncombe County
EMAIL DELIVERY/ READ RECEIPT REQUESTED
NC Department of Transportation
Highway Division 13
Attn: Yates Allen
55 Orange Street
Asheville, NC 28801
Subject: Notification of New Federal Requirements for 401 Water Quality Certification
Applications
SR 2793 Cedar Creek Road Improvements
Dear Yates Allen:
On Friday, September 11, 2020 the Environmental Protection Agency's "Clean Water Act
Section 401 Certification Rule" 1 ("Federal Rule") became effective. The Federal Rule includes
several new procedural requirements, including a requirement that "project proponents"
request a pre-filing meeting with the Division at least 30 days prior to submitting a 401
"certification request."2 In turn, the Federal Rule requires that all certification requests include
"documentation that a pre-filing meeting request was submitted" to the Division.' The Federal
Rule's requirements for a "certification request" are in addition to the 401 application requirements
set forth in 15A NCAC 02H .0500 et. seq.
On 4/21/2021 the Division of Water Resources ("Division") received your application requesting
a 401 Water Quality Certification for the subject project. Your application does not include
documentation that a pre-filing meeting request was submitted to the Division at least 30 days
prior to submitting your application. Under the new Federal Rule, your application does not
constitute a "certification request." Therefore, the Division cannot process your application
and is returning your application.
As required by the new Federal Rule, you must request a pre-filing meeting with the Division at
least 30 days prior to submitting a new application. To assist you with this process, please use
1 Docket ID: EPA—HQ—OW-2019-0405; FRL-10009-80—OW. Federal Register/Vol. 85, No. 134/Published
Monday,July 13, 2020. Effective September 11, 2020.
240 CFR§ 121.4.
340 CFR§ 121.5.
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DocuSign Envelope ID: 15D5CF89-052D-465E-BE0A-FD89B691A1A3
DWR#20210723 Version 1
Notification of New Federal Requirements for
401 Water Quality Certification Applications
Page 2 of 2
the pre-filing meeting request form on the Division's website. When submitting your new
application, please use the Division's updated application forms that include additional
requirements imposed by the new Federal Rule.
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 may be a violation of North Carolina
General Statutes and Administrative Code.
Please contact Kristi Lynn Carpenter at [e-mail] if you have any
questions or concerns.
Sincerely,
DocuSigned by:
ra-W1,
9C9886312DCD474...
S. Daniel Smith, Director
Division of Water Resources
Electronic copy only distribution:
Amanda Jones USACE, Wilmington District ([e-mail])
Todd Bowers, EPA
DWR 401 & Buffer Transportation Permitting Branch file
Filename: 20210723 version 1