20230059 Ver 1_Denial_20230508

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR. NORTH CAROL.INA
Director Environmental Quality
May 8, 2023
CERTIFIED MAIL: 7020 3160 0000 4115 1773
RETURN RECEIPT REQUESTED
Epcon Communities
Attn: Mark Stiglitz
5420 Wade Park Blvd., Suite 206
Raleigh, NC 27607
(Also delivered electronically to mstiglitzPepconcommunities. com)
Subject: DENIAL of 401 Water Quality Certification Application
Courtyards at Doc Nichols
Dear Mr. Stiglitz:
DWR # 20230059
Durham County
On January 10, 2023, the Division of Water Resources (Division) received your application requesting a
401 Water Quality Certification from the Division for the subject project. Per correspondence, via email,
on February 13, 2023, February 23, 2023, and March 31, 2023, 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 this request. 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 an Individual 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 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.
�....�— North Carolina Department of Environmental Quality 11 Division of Water Resources
�, °✓� Raleigh Regional Office 11 3800 Barrett Drive 11 Raleigh, North Carolina 27609
ivcin-i ceevoi_pw_^ �" 919.791.4200
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Courtyards at Doc Nichols
DWR# 20230059
Denial of Individual Water Quality Certification Application
Page 2 of 2
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
If the 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 15013-23(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 Zach Thomas at 919-791-4255 or zachary.thomasCa)ncdenr.gov if you have any
questions or concerns.
Sincerely,
RichaYv�( C: Roger,, 3-.
Richard E. Rogers, Jr., Director
Division of Water Resources
Electronic cc: Alex Aycrigg, WES
USACE, Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
U1ry,� North Carolina Department of Environmental Quality 11 Division of Water Resources
OON ✓}S Raleigh Regional Office 11 3800 Barrett Drive 11 Raleigh, North Carolina 27609
a IIIIIIIUY �i'
aC>N r n r r>i pw: 919.791.4200
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