20201730 Ver 1_Denial_20210309 (3)

ROY 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 bmacnaLtghton(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 [phone].
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 Q63� North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
N11H fH (:A�i(1!.INA �
n.w O,tore�wM—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.johnsonPncdenr.gov if you have any questions or
concerns.
Sincerely,
DocuSigned by:
PbL'f&Vf
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