20221135 Ver 1_Denial_20221212

DocuSign Envelope ID: 38A378A1-25E4-4CA0-AEA4-85F82EDEADA8
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
December 12, 2022
DWR # 20221135
Davie County
Mocksville Development Partners LLC
Attn: Mr. Daniel Barnes
PO Box 341
Dobson NC 27017
Delivered via email to: [e-mail]
Subject: DENIAL of 401 Water Quality Certification Application
Tri-West Business Park
Dear Mr. Barnes:
On August 19, 2022, the Division of Water Resources (Division) received your application requesting an
Individual 401 Water Quality Certification from the Division for the subject project. On October 3, 2022,
the Division notified you that your application was incomplete and requested additional information.
The Division received a response to that request on November 29, 2022 and upon review of the
information submitted it has been determined that additional information is still necessary in order to
certify the project.
Notwithstanding North Carolina regulations governing the timeline for the Division's review of 401
Water Quality Certification applications, the U.S. Army Corps of Engineers has indicated that the
Division's reasonable period of time for action on your application under section 401 of the Clean Water
Act concludes December 16, 2022. Therefore, the Division must act on your 401 Water Quality
Certification application at this time.
The Division has determined the application is still incomplete and the Division has insufficient
information to issue a 401 Water Quality Certification for the discharge from the proposed project.
Therefore, in accordance with 15A NCAC 02H .0507(e) and 40 CFR § 121.7, your application for a 401
Water Quality Certification is hereby denied.
Once you have addressed the items below you may reapply to the Division including a complete
application package and appropriate fee.
The Division's decision can be contested as provided in Chapter 150B of the North Carolina General
Statues by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CARou Na 336.776.9800

DocuSign Envelope ID: 38A378A1-25E4-4CA0-AEA4-85F82EDEADA8
Tri-West Business Park
DWR# 20221535
Denial
Page 2 of 3
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.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This completes the review of the Division under section 401 of the Clean Water Act. Please be aware
that you have no authorization under the Water Quality Certification 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.
Please contact Sue Homewood at 336-776-9693 [e-mail] if you have any
questions or concerns.
Sincerely,
D�ocuSiigggned /by:
n. JM0.Ct'
1_.49E225C94EA...
Lon T. Snider
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Electronic cc: David Brame, Pilot Environmental Inc.
Samantha Dailey, USACE, Charlotte Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch file
North Carolina Department of Environmental Quality I Division of Water Resources
D � Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105
Noa1HCAaD_NA 336.776.9800

DocuSign Envelope ID: 38A378A1-25E4-4CA0-AEA4-85F82EDEADA8
Tri-West Business Park
DWR# 20221535
Denial
Page 3 of 3
Additional Information Required:
As requested in the Request for Additional Information dated October 3, 2022: In order to ensure
protection of downstream water quality, please provide a complete stormwater management plan
for review. Please ensure that it includes all appropriate supplemental forms, O&M agreements,
calculations, engineering drawings, etc., that complies with the requirements of the State
Stormwater Program. The Stormwater Design Manual and applicable forms may be found on the
DEMLR's website at https://deg.nc.gov/about/divisions/energy-mineral-land-resources/energy-
mineral-land-permit-guidance/stormwater-bmp-manual.
The SMP submitted on November 29, 2022 proposed dry detention basins for stormwater detention.
For any high density developments (with BUA greater 24%), stormwater from all BUA shall be treated
in a Primary stormwater control measure (SCM). Dry ponds are designated as secondary SCM in the
State Stormwater Design Manual. In addition, none of the required supplemental forms (including
application form SWU-101), O&M plan/agreements, design calculations, engineering drawings, etc.,
are included with this submission.
Alternatively, you may provide the following information for the proposed SMP to ensure that the
project will comply with 15A NCAC 02H .0506(b)(2) and (3).
1. A discussion on how the project will not cause degradation of downstream surface waters when
considering the volume and velocity of the increased flows and the current size/condition of the
receiving stream.
2. Delineation of each drainage area and accompanying calculations to show that flows from every
discharge point will be non -erosive to both the land surface and the receiving surface water
during the peak flow from the 10-year storm event. You may refer to the guidelines from DEMLR
- Sedimentation and Erosion Control to determine an appropriate non -erosive velocity. The
permissible velocities for erosion protection are under Appendix 8.05 (i.e. Chapter 8).
3. Calculations to demonstrate that for any discharge points proposed to increase flow rate and
volume, the structural stability of the receiving surface water will not be compromised.
4. Designed drawings (both aerial and profile views showing the actual designed dimensions) and
calculations of any proposed diffuse flow or detention systems and any vegetated conveyances
(if provided).
North Carolina Department of Environmental Quality I Division of Water Resources
D � Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105
NoalHCaaD_NA 336.776.9800