20231488 Ver 1_Denial_20240321

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
March 21, 2024
CERTIFIED MAIL: 7022 0410 0000 7794 0586
RETURN RECEIPT REQUESTED
Arlington O Cornelius
11128 Beatties Ford Road
Huntersville, NC 28078
DWR # 20231488
Lincoln County
Subject: DENIAL of 401 Water Quality Certification and Catawba Riparian Buffer Authorization
Application
2520 Crossgate Trail Sherrills Ford, NC 28673
Dear Arlington O Cornelius:
On November 13, 2023, the Division of Water Resources (Division) received your application requesting
a 401 Water Quality Certification and Buffer Authorization from the Division for the subject project. On
December 4, 2023, the Division determined that your application was incomplete and requested
additional information on the subject project on December 14, 2023, January 8 and 18, 2024. As of the
date of this letter, the applicant has not provided a complete response to these request(s). 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 and the Catawba Buffer Rules [15A NCAC 02B.0614].
In accordance with 15A NCAC 02H .0507(e) and 15ANCAC 02B .0611, your application for a 401 Water
Quality Certification and Buffer Authorization 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.
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
D North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
- E Q
919.707.9000

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 and the
Riparian Buffer Rules 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 Arnie Hoy at [e-mail] if you have any questions or concerns.
Sincerely,
EA
DocuSigned by:
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Andrew H. Pitner, P.G. Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Electronic cc: Doug Perez, USACE Charlotte Regulatory Field Office
Christopher A. Militscher, Chief, NEPA Section, Strategic Programs Office, USEPA, 61
Forsyth St SW, Atlanta GA 30303
Maria Clark, NEPA Section — Region 4, USEPA, 61 Forsyth St SW, Atlanta GA 30303
DWR 401 & Buffer Permitting Branch file
Filename: 20231488_2520CrossgateTrai I_Denial_03.21.2024
North Carolina Department of Environmental Quality I Division of Water Resources
�NAI 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NoR'�+c919.707.9000
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