20052253 Ver 5_Denial_20221103

DocuSign Envelope ID: 012E73D1-D36B-40BA-A206-A9CA1B29C861
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quulity
November 3, 2022
DWR # 20221089
Onslow County
CERTIFIED MAIL: 7016 2140 0000 43710639
RETURN RECEIPT REQUESTED
City of Jacksonville
Attn: Ron Massey
P.O. Box 128
Jacksonville, NC 28540
Subject: DENIAL of 401 Water Quality Certification Application
Williamsburg Plantation Recreation Area
Dear Mr. Massey:
On July 7, 2022, the Division of Water Resources (Division) received your application requesting a 401
Water Quality Certification from the Division for the subject project. On August 31, 2022, the Division
determined that your application was incomplete and requested additional information. Specifically, the
Division requested information regarding the federal permitting pathway to understand what federal
conditions would apply to the project. Without this information, the Division can not determine if the
proposal is compliance with mitigation requirements in 15A NCAC 02H .0500 or the Division's anti -
degradation policy and water quality standards in 15A NCAC 02B. 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 a 401 Water Quality Certification is
hereby denied. Please address all of the items listed in the request for additional information prior to
reapplying to the Division. If you reapply, please submit 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
North Carolina Department of Environmental Quality I Division of Water Resources
D,EQ 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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DocuSign Envelope ID: 012E73D1-D36B-40BA-A206-A9CA1B29C861
Department of Environmental Quality
1601 Mail Service Center
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 15013-23(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@ncdenrgov if you have any questions or
concerns.
Sincerely,
EDocuSigned
,'I,,'^y/bey:
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A7CC68514899428...
Richard E. Rogers, Jr., Director
Division of Water Resources
Electronic cc: Anthony Moctezuma, Tidewater Associates
Tom Charles, USACE, Wilmington Regulatory Field Office
Katharine Elks, USACE, Wilmington Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch file
Filename: 20221089_Williamsburg Plantation Rec Area_DENIAL_OnsloCo_Nov.22
��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
Oq,,Umm ar e,m,—Ul 919.707.9000