20220325 Ver 1_Denial_20220418

DocuSign Envelope ID: DE8FB007-3A17-42F7-9B5C-82C39130CEC6
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 18, 2022
DWR # 20220325
Guilford County
CERTIFIED MAIL: 7011 1570 0000 8549 6827
RETURN RECEIPT REQUESTED
Walkable Lifestyles, LLC
Attn: Mr. Will Stevens
3500 Camden Falls Circle
Greensboro NC 27410
Delivered via email to: [e-mail]
Subject: DENIAL of 401 Water Quality Certification Application
Walkable Lifestyles
Dear Mr. Stevens:
On March 1, 2022, the Division of Water Resources (Division) received your application requesting a 401
Water Quality Certification from the Division for the subject project. The Division has determined that
your application is incomplete.
As DWR has discussed with you in detail, the plans that you have submitted indicate that the project will
require a Variance to the Jordan Buffer Rules from the City of Greensboro and from the Environmental
Management Commission. Division staff have consulted with staff at the City and have been informed
that you have not yet initiated the formal variance process. The Division is unable to review an
application for 401 certification until the project receives a variance pursuant to 15A NCAC 02B .0267, or
is redesigned to be in compliance with the Jordan Buffer Rules.
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 your projects compliance with the Jordan Buffer Rules, 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
NORTH ntntE NA
oeperereM m Environmental o..nry
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105
336.776.9800

DocuSign Envelope ID: DE8FB007-3A17-42F7-9B5C-82C39130CEC6
Walkable Lifestyles LLC
DWR# 20220325
Denial
Page 2 of 2
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.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the recipient of this denial, then the party must also serve the
recipient of this denial in accordance with N.C.G.S 150B-23(a).
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 Sue Homewood at 336-776-9693 or [e-mail] if you have any
questions or concerns.
Electronic cc:
NORTH raaoJNa
Sincerely,
,-DocuSigned by:
LOn. l . JMdG'
145B49E225C94 EA...
Lon T. Snider
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Robert Turnbull, Terracon Consultants Inc.
David Bailey, USACE, Raleigh Regulatory Field Office
Johnnie Hill, City of Greensboro
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch file
Department at Environmental Puolity
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 I Raleigh, North Carolina 27105
336.776.9800