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HomeMy WebLinkAbout20210663_U-6018_NC 62_Application Return _10-17-22DocuSign Envelope ID: FB63A9FA-8F7E-4302-ADD6-9EEF8018B7F2 ROY COOPER s' a Governor ELIZABETH S. BISER SecretaryE#fQ �NDEw RICHARD E. ROGERS, JR. NORTH CAROLINA Director Environmental Quality October 17, 2022 Mr. Jerry Parker — NCDOT, Division 7 Environmental Supervisor 1584 Yanceyville St. P.O. Box 14996 Greensboro, NC. 27415-4996 DWR # 20210663 Guilford and Randolph County Subject: Return of Application for 401 Water Quality Certification, BIMS NO. 20210663 NCDOT— NC 62 (Liberty Road) Improvements near 1-85 Interchange TIP Project U-6018, WBS No. 47163.1.1 Muddy Creek [Cape Fear River Basin, CU 030300030103 and 030300030106 Randleman Lake Water Supply Watershed, WS-IV] Dear Mr. Parker: On August 16, 2022 the Division of Water Resources (Division) received your application requesting a 401 Water Quality Certification / Buffer Authorization from the Division for the subject project. On September 13, 2022, additional information (below) was requested for the project which has not been provided within a 30-day timeline. 1. The project plans do not show enough detail to fully evaluate the proposed impacts or facilitate compliance inspections upon permit issuance. Please provide zoomed -in views of all impact areas at a scale sufficient to show both permanent and temporary impacts. Pursuant to Title 15A NCAC 02H .0507(a)(3), we are denying the permit application as incomplete. The denial of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please be aware that you have no authorization under the Section 401 of the Clean Water Act /Buffer 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. If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday � } 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: FB63A9FA-8F7E-4302-ADD6-9EEF8018B7F2 NCDOT— Division 7 DWR# 20210663 Notification of Application Return for 401 Water Quality Certification Page 2 of 2 between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please contact Ryan Conchilla 919-710-6516 or ryan.conchilla@ncdenr.gov. Sincerely, DocuSign(e�d by: Richard E. Ro Division of Water Resources Electronic copy only distribution: David Bailey, US Army Corps of Engineers, Raleigh Field Office Jerry Parker, DOT Division 7 Environmental Officer Beth Harmon, Division of Mitigation Services 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 e-�AfD- E 919.707.9000 Mptz+r�yl: xx �CW'��