20221707 Ver 1_Denial_20230512

DocuSign Envelope ID: CB5D4DAE-373D-4B02-8770-AF9798101237
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 12, 2023
DWR #20221707
Johnston County
Eastfield Associates LLC
Attn: Mr. Kevin Dougherty
101 S. Raiford St, Suite 200
Selma NC 27576
Delivered via email to: [e-mail]
Subject: DENIAL of Buffer Authorization
Eastfield Retail Block A
Dear Mr. Dougherty:
On December 1, 2022, the Division of Water Resources (Division) received your application requesting
an Individual 401 Water Quality Certification from the Division to impact Neuse River buffers for the
subject project. On January 4, 2023, the Division notified you that the application would be reviewed in
conjunction with the Eastfield Development Individual 401 Application, DWR#20221617 and that both
application were incomplete and requested additional information. The Division received a response to
that request on February 7, 2023 and March 2, 2023 and upon review of the information submitted, it
has been determined that the responses were insufficient and additional information is still necessary in
order to certify the project.
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 02B .0611 and 15A NCAC 02H .0501 your request for buffer
authorization is hereby denied.
Once you have addressed the items below 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.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
D �� North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105
Moan caaouNn 336.776.9800
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DocuSign Envelope ID: CB5D4DAE-373D-4B02-8770-AF9798101237
Eastfield Development
DWR# 20221617
Denial
Page 2 of 3
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 the Neuse Buffer Rules. Please be aware that you have
no authorization under the Neuse Buffer Rules nor the Water Quality Certification Rules for this activity
and any work done within regulated buffers or 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,
EsDocuSigned by:
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755ABFOCD8OB428...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Robert Turnbull, Terracon
Chris Hopper, USACE Raleigh Regulatory Field Office
Gabriela Garrison, NCWRC
Todd Bowers, EPA
DWR RRO
DWR 401 & Buffer Permitting Branch file
Filename: 20221707 Eastfield Retail Bock A Johnston 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

DocuSign Envelope ID: CB5D4DAE-373D-4B02-8770-AF9798101237
Eastfield Development
DWR# 20221617
Denial
Page 3 of 3
Additional Information needed:
1. As previously stated in the Division's request for more information, the jurisdictional determination
map submitted for this project indicates a jurisdictional stream is present within the project limits.
The application submitted for the larger Eastfield Development shows impacts to this feature but
does not account for those impacts. This discrepancy must be resolved in order for the Division to
issue the requested Neuse Buffer Authorization.
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
onparhnem of EmironmanW 9uallly