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HomeMy WebLinkAbout20220785 Ver 1_Denial_20230411DocuSign Envelope ID: D1DB65E0-BF9E-4F91-A2BB-576F36F65149 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality April 11, 2023 DWR # 20220785 Nash County CT Williams Corporation Attn: Mr. Cecil Williams Jr. 3303 Sunset Ave, Suite H Rocky Mount, NC 27804 Delivered via email to: williamsceciljr@gmail.com Subject: DENIAL of 401 Water Quality Certification Application Williams Grove Subdivision Dear Mr. Williams: On June 8, 2022, the Division of Water Resources (Division) received your application requesting an 401 Water Quality Certification from the Division for the subject project. On August 19, 2022, the Division notified you that your application was incomplete and requested additional information. The Division has not received a response to that request. 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 the items in the August 19, 20233 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 forth in Chapter 150B 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. DffNorth Carolina Department of Environmental Quality I Division of Water Resources oan caaouNn Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105 M336.776.9800 oep.m.m or em�nmen� Qualm, DocuSign Envelope ID: D1DB65E0-BF9E-4F91-A2BB-576F36F65149 Williams Grove SD DWR# 20220785 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 336-813-1863 or sue.homewood@ncdenr.gov if you have any questions or concerns. Sincerely, Es D�ocnuSigned by:�Aftf a� ' i bms 755ABFOCD8OB428... Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Electronic cc: Deborah Shirley, S&EC Kyle Barnes, USACE Washington Field Office Todd Bowers, EPA DWR 401 & Buffer Permitting Branch file Filename: 20220785 Williams Grove SD Nash denial.docx 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