20220220 Ver 1_Staff Report Snider, Holley A_20220211

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director Environmental Quality
NORTH CAROLINA
June 6, 2022
DWR # 20220220 Ver. 1
Brunswick County
CERTIFIED MAIL: 7003 2260 0005 5380 9792
RETURN RECEIPT REQUESTED
BRD Land and Investment
Attn: Kyle diPretoro
234 Kingsley Park Drive, Suite 110
Fort Mill, SC 29715
(Also delivered electronically to [e-mail] )
Subject: DENIAL of 401 Water Quality Certification Application
Brunswick Pines Subdivision
USACE SAW#2021-02108
Dear Mr. diPretoro:
On February 7, 2022, the Division of Water Resources (Division) received your application requesting a
401 Water Quality Certification from the Division for the subject project. On March 31, 2022, 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 an Individual 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.
A party filing a Petition must serve a copy of the Petition on:
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleiglt North Carolina 27609
919.791.4200

Brunswick Pines Subdivision
DWR# 2022-0220 Ver. 1
Denial of Individual Water Quality Certification Application
Page 2 of 2
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 Holley Snider at 910-796-7303 or [e-mail] if you have any questions
or concerns.
Electronic cc:
Sincerely,
Richard E. Rogers, Jr., Director
Division of Water Resources
Kim Williams, Davey Group
USACE, Wilmington Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch file
D_E
NORM CAA01 MIA
permanent et En.4anmenU o- laN /n"
Filename: 2022_Brunswick Pines 401 DENIAL BrunsCo Jun22
Nonh Carolina Deparonem of Environmental Quality 1 Division of Water Resources
512 North Salisbury Streel 1 1611 Mail Service Center 1 Raleigh. North Carolina 27699-1611
919.707.9000