HomeMy WebLinkAbout20220666 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