20221070 Ver 1_Denial Email_20221214

Baker, Caroline D
From: Tankard, Robert
Sent: Wednesday, December 14, 2022 10:16 AM
To: [e-mail]; Michelle Clements
Cc: Thompson, Emily B CIV USARMY CESAW (US)
Subject: AURORA INDUSTRIAL PARK; DWR PROJECT #20221070; SAW-2020-01898
Attachments: Signed_20221070 AURORA INDUSTRIAL PARK DENIAL.pdf
Please find attached is the denial letter for the above project. If you should have any questions, please let me know.
Thanks!
Robert
Robert Tankard
Assistant Regional Supervisor
Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone] 1 Cell: [phone]
Robert.tankarda-ncdenr.gov
D7 E
NORTH CAROLINA
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
1

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
December 12, 2022
DWR # 20221070
Beaufort County
Town of Aurora
Attn: Mr. Cliff Williams
PO Box 86
Aurora, North Carolina 27806
Delivered via email to: townofauroranc.org
Subject: DENIAL of 401 Water Quality Certification Application
AURORA INDUSTRIAL PARK
SAW-2020-01898
Dear Mr. Williams:
On August 9, 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 6, 2022,
the USCOE/Division notified you that your application was incomplete and requested additional
information. The Division has not received the updated maps and impact sheet to date.
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 concluded December 12, 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 items included in the October 6th, 2022 request for additional information,
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
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set
GDE
NORTH CAROLINA '
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North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105
336.776.9800

AURORA INDUSTRIAL PARK
DWR# 20221070
Denial
Page 2 of 2
forth in Chapter 150E 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 Robert Tankard at 252-948-3921 or [e-mail] if you have any
questions or concerns.
Electronic cc:
Sincerely,
Rottal Te.44444(
Robert Tankard
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WaRO
Michelle Clements,[e-mail]
Emily Thompson, [e-mail]
laserfiche
DE
NORTH CAROLINA
gaparMeM of Environment,/quay
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 I Raleigh, North Carolina 27105
336.776.9800