20210573 Ver 1_Denial_20221122

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
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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 [e-mail] 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
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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