20231311 Ver 1_Denial_20240315

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
March 15, 2024
DWR # 20231311
Rockingham County
Allied Development
Attn: David Hill
5005 LBJ Freeway, Suite 325
Dallas, TX 75244
Delivered via email to: [e-mail]
Subject: DENIAL of 401 Water Quality Certification Application
Friddle Road Development
USACE Action ID. No. SAW-2022-01355
Dear Mr. Hill
On September 21, 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 November 20,
2023, the Division notified you that your application was incomplete and requested additional
information. The Division has not received a complete response to date.
Notwithstanding North Carolina law governing the timeline for the Division's review of 401 Water
Quality Certification applications, the U.S. Army Corps of Engineers has indicated that the Division's
deadline for action on your application under section 401 of the Clean Water Act is March 18, 2024.
Therefore, the Division must act on your 401 Water Quality Certification application at this time.
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. Please
be sure to address the items in the November 20, 2023 request for additional information (attached) in
any future applications.
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
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORT41 CAaO'.INA
o�mmeMmE�W.��m�n�aiQ_� /`'� 336.776.9800

Friddle Road Development
DWR# 20231311
Denial
Page 2 of 2
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:
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 Rebecca Chandler at 336-776-9705 or [e-mail] if you have any
questions or concerns.
Sincerely,
DocuSigned by:
OD2D3CE3F187456...
Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Electronic cc: David Brame, Pilot Environmental, Inc.
Dicky Harmon, USACE Raleigh Regulatory Field Office
Olivia Munzer, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800
peparlmervt of Envdronmonlal quality

Chandler, Rebecca D
From: Chandler, Rebecca D
Sent: Monday, November 20, 2023 4:49 PM
To: David Brame
Cc: [e-mail]
Subject: Friddle Rd Development additional info DWR#20231311 - SAW-2022-01355
Hi David, I've completed my initial review of the subject property but require additional information before issuance.
Please respond within 30 days of this email, and note that the application will be on hold until a response is received:
Please describe how the headwaters of stream "SC" will be protected. From the figure Sheet 6 of 38 "Master
Site Plan", it appears that the headwaters will be impacted by road fill at the very least and should be included in
the total impacts of the project.
Please provide a drainage/grading figure to indicate that "SC" will be properly protected during grading
activities.
3. Explain why the length of the riprap pad needs to be nearly as long as the culvert itself. It seems that the total
impacts could be reduced by reducing the size of the riprap outlet.
In order to document that the project meets the definition and design requirements for Low Density, please provide:
A detailed plan sheet showing the built upon area and the total project area including calculations (from
the engineer) of percent BUA shown/used in the application. Also, a map or drawing that clearly
delineates or color shades all of the BUAs and total project area shall be provided.
b. A detailed stormwater drainage plan including all stormwater drainage patterns and outlets to clearly
show that the project meets 15A NCAC 02H .1003(2)(b) "Stormwater shall be designed to maximize
dispersed flow through vegetated areas and minimize channel flow".
c. A detailed stormwater drainage plan to clearly show that the project meets 15A NCAC 02H .1003(2)(c)
"Stormwater that cannot be released as dispersed flow shall be transported by vegetated
conveyances". Please provide design plans and calculations for all vegetated conveyances such as
swales, and/or level spreader, etc.
Thank you,
Rebecca Chandler
Environmental Program Consultant
Division of Water Resources
North Carolina Department of Environmental Quality
Winston-Salem Regional Office
450 West Hanes Mill Road, Suite 300
Winston-Salem, NC 27105-7401
336-776-9705 office
336-354-2284 cell
336-776-9797 fax
[e-mail] "PLEASE NOTE NEW EMAIL ADDRESS"

oouan.—M of €in 01111 mai auau
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.