20201964 Ver 2_Denial_20220406

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 6, 2022
DWR # 20201964 v2
Wake County
CERTIFIED MAIL: 7020 3160 0000 4115 2732
RETURN RECEIPT REQUESTED
Lennar Corporation
Attn: Stephen Dorn
1100 Perimeter Park Dr, Suite 112
Morrisville, NC 27560
Subject: DENIAL of Individual 401 Water Quality Certification Application
Apollo — Residential Development
ACOE Action ID: SAW-2019-02355
Dear Stephen Dorn:
On December 8, 2021, the Division of Water Resources (Division) received your application requesting
an Individual Water Quality Certification from the Division for the subject project. On February 4, 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 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 150E 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:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
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North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Apollo
DWR# 20201964 v2
Denial of Individual Water Quality Certification Application
Page 2 of 2
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 Colleen Cohn at 919-791-4258 or [e-mail] if you have any questions or
concerns.
Electronic cc:
Richard E. Rogers, Jr., Director
Division of Water Resources
Lisa Long, Spangler Environmental (via email)
Ward Marotti, Spangler Environmental (via email)
James Lastinger, USACE Raleigh Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch file
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center 1 Raleigh, North Carolina 27699-1611
919.707.9000