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HomeMy WebLinkAbout20210573 Ver 1_Denial_20221122 (2)ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality November 22, 2022 DWR # 20210573 Brunswick County CERTIFIED MAIL: 7003 2260 0005 5380 9600 RETURN RECEIPT REQUESTED Stanley Martin Homes Attn: Robert Bennett 4006 St. James Drive St. James, NC 28461 Subject: DENIAL of 401 Water Quality Certification Application Stanley Martin Homes Cannon Tract Dear Mr. Bennett: On October 5, 2021 and on January 28, 2022, the Division of Water Resources (Division) received your application requesting a 401 Water Quality Certification from the Division for the subject project. On June 20, 2022 and on June 29, 2022, the Division determined that your application was incomplete and requested additional information on the subject project. As of the date of this letter, the applicant has not provided a complete response to these requests. 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. 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 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. 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 LDEQ NORTH C�3+OL tyra'edr�.smeaa� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Ralei6, North Carolina 27699-1617 919.707.9000 lithe 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, Richard E. Rogers, Jr., Director Division of Water Resources Kim Williams, Davey Group Jeff Earp, Owner, 1007 Evangeline Dr. Leland, Nc 28451 Gary Beecher, USACE, Wilmington Regulatory Field Office Todd Bowers, EPA DWR 401 & Buffer Permitting Branch file DE Q?) �/ t� a rmtmnaiw �r� Filename: 20210573_Stanley Martin Cannon Homes_DENIAL_BrunsCo_Oct.22 North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617 919.707.9000 20210573 DENIAL Stanley Martin HomesCert Mail Delivery