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Home My WebLink About20220666 Ver 1_Denial_20220922DocuSign Envelope ID: CD0958B2-9ACE-4947-AFD3-CE2D6C484532 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality September 22, 2022 DWR # 20220666 Brunswick County CERTIFIED MAIL: 7003 2260 0005 5380 9860 RETURN RECEIPT REQUESTED Cheryl Hagelstein 17617 Thornwood Lane South Chesterfield, VA 23803 Subject: DENIAL of 401 Water Quality Certification Application 208 W. Pelican Drive, Oak Island Dear Ms. Hagelstein: On May 12, 2022, the Division of Water Resources (Division) received your application requesting a Water Quality Certification from the Division for the subject project. On August 24, 2022, the Division determined that your application was incomplete and requested additional information on the subject project. The additional information requested included revised plans and demonstration of avoidance and minimization of impacts to protect classified wetland uses (15A NCAC 02B .0231) in accordance with 15A NCAC 02H .0506(b). 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) 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: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 GDEQ� NORTH CAROLINA Nwir m d of Emkonmentl Ooalfty North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: CD0958B2-9ACE-4947-AFD3-CE2D6C484532 Hagelstein 208 W. Pelican Dr. DWR Project #20220666 Page 2 of 2 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 holley.snider@ncdenr.gov if you have any questions or concerns. Electronic cc: Sincerely, DocuSigned by: riUMM 6 Ci. 1`o,a Ni�) '-A7CC68514899428... // Richard E. Rogers, Jr., Director Division of Water Resources Kim Williams, Davey Resource Group Gary Beecher, USACE, Wilmington Regulatory Field Office Todd Bowers, EPA DWR 401 & Buffer Permitting Branch file D_E NORTH CAROLNA Oapar4nanl M E Mn nmunGl Oual Filename: 20220666_Hagelstein_208 W. Pelican Dr_DENIAL_BrunsCo_Sept.22 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000