20230058 Ver 1_Denial - no fee_20230405

DocuSign Envelope ID: 5454FC4E-EA45-4334-968D-8A90F4C7AC57
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 5, 2023
DWR #20230058
Wake County
Crescent Communities
Attn: Mr. Anthony Parker
601 South Tryon Street Suite 800
Charlotte NC 28202
Delivered via email to: [e-mail]
Subject: DENIAL of 401 Water Quality Certification Application
Dickens Road
Dear Mr. Parker:
On January 10, 2023, the Division of Water Resources (Division) received your application requesting an
Individual 401 Water Quality Certification from the Division for the subject project. On January 12, 2023,
the Division notified you that an application fee was required to complete your application. As of this
date, the Division has not received the required application fee.
The Division has determined that your application is incomplete. As a result, the Division cannot
determine if the proposed project will comply with 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.
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
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:
DffNorth Carolina Department of Environmental Quality I Division of Water Resources
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Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105
M336.776.9800
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DocuSign Envelope ID: 5454FC4E-EA45-4334-968D-8A90F4C7AC57
Dickens Road
DWR# 20230058
Denial
Page 2 of 2
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
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 336-813-1863 or [e-mail] if you have any
questions or concerns.
Sincerely,
Es
DocuSigned by:
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755ABFOCD8OB428...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Jacob Sinclair, Atlas Environmental Inc.
Jean Gibby, USACE, Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105
NORTH CAROLINA 336.776.9800
naparMeM of EmironmanW 9uallly