20220388 Ver 1_Denial_20230124

DocuSign Envelope ID: AA2A1D64-C9B9-4500-85EF-B2FA9E4DA43B
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
January 24, 2023
DWR #20220388
Wake County
Toll NC II, LP
Attn: Mr. Ted Pease
1140 Virginia Dr
Ft Washington, PA, 19034
Delivered via email to: [e-mail]
Subject: DENIAL of 401 Water Quality Certification Application
Pines at Wake Crossing
Dear Mr. Pease:
On March 10, 2022, the Division of Water Resources (Division) received your application requesting an
Individual 401 Water Quality Certification from the Division to impact 0.180 acres of wetlands for the
subject project. The proposed project also includes 14,110 square feet of buffer impacts that are subject
to the Jordan Lake Riparian Buffer rules (Buffer Rules). The Division placed your 401 certification
application on hold and notified you that the Division would be unable to certify the project until the
buffer impacts associated with the proposed project are authorized under either a buffer authorization
or variance under the Buffer Rules.
On January 11, 2023, the Water Quality Committee of the EMC denied your request for a Major
Variance of the Buffer Rules for the Pines at Wake Crossing, and at this time, you do not have the
necessary approvals for the buffer impacts associated with the proposed project. Due to State and
federal regulatory deadlines, the Division must act on your 401 application at this time.
Because the buffer impacts associated with the proposed project are not authorized, DWR cannot
certify that the proposed project will comply with the requirements in 15A NCAC 02H .0500, State water
quality standards in 15A NCAC 02B (including antidegradation, and Sections 301, 302, 303, 306, and 307
of the federal Clean Water Act. 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.
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
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.
NORTH CAROLINA
Department M Environmental Quality
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

DocuSign Envelope ID: AA2A1D64-C9B9-4500-85EF-B2FA9E4DA43B
Pines at Wake Crossing
DWR# 20220388
Denial
Page 2 of 2
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 or [e-mail] if you have any
questions or concerns.
Electronic cc:
Sincerely,
DocuSigned by:
riit Phys
‘.—A7CC68514899428...
Richard Rogers, Jr., Director
Division of Water Resources
Mark Mayhew, ESE Consultants Inc.
Michelle Measday, ECS Southeast LLP
Lyle Phillips, USACE, Raleigh Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch file
D_E
NORTHCAROLINA
Department of Environmental Duel
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