20220100 Ver 1_Denial_20220516

DocuSign Envelope ID: 12EF3084-FAFE-47DC-9EEB-C6D4139D1593
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 16, 2022
DWR # 20220100
Davidson County
Samet Corporation
Attn: Mr. Josh Dyre
5606 Carnegie Blvd, Suite 200
Charlotte NC 28209
Delivered via email to: [e-mail]
Subject: DENIAL of 401 Water Quality Certification Application
Samet Little Land
Dear Mr. Dyre:
On January 19, 2022, the Division of Water Resources (Division) received your application requesting an
Individual 401 Water Quality Certification from the Division for the subject project. On March 16, 2022,
the Division notified you that your application was incomplete and requested additional information.
The Division has not received a response to that request.
Notwithstanding North Carolina regulations governing the timeline for the Division's review of 401
Water Quality Certification applications, the U.S. Army Corps of Engineers has indicated that the
Division's reasonable period of time for action on your application under section 401 of the Clean Water
Act concludes May 19, 2022. Therefore, the Division must act on your 401 Water Quality Certification
application at this time.
The Division has determined the application is still incomplete and the Division has insufficient
information to issue a 401 Water Quality Certification for the discharge from the proposed project.
Therefore, in accordance with 15A NCAC 02H .0507(e) and 40 CFR § 121.7, your application for a 401
Water Quality Certification is hereby denied.
Once you have addressed the items listed in the request for additional information completely and the
items below, at a minimum, you may reapply to the Division including complete application package and
appropriate fee.
The Division's decision can be contested as provided in Chapter 150B of the North Carolina General
Statues 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
NORTH CAROLINA
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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: 12EF3084-FAFE-47DC-9EEB-C6D4139D1593
Samet Little Land
DWR# 20220100
Denial
Page 2 of 2
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
Raleigh, NC 27699-1601
This completes the review of the Division under section 401 of the Clean Water Act. Please be aware
that you have no authorization under the Water Quality Certification Rules 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 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'
145B49E225C94EA...
Lon T. Snider
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Robert Turnbull, Terracon Consultants Inc.
Chris Hopper, USACE, Raleigh Regulatory Field Office
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