20240244_Sanford WFF Conveyance to Fuquay-Varina and Holly Springs TM_Denial Letter_04-11-2024.pdf

o �t STATE
.us`
ROY COOPER , u o
Governor
ELIZABETH S.BISER `
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quulrty
April 11, 2024
DWR#20240244
Lee, Wake, Chatham Counties
CERTIFIED MAIL: 7021 0350 0000 0845 6780
RETURN RECEIPT REQUESTED
Town of Fuquay-Varina
Attn: Michael Wagner
134 N. Main Street
Fuquay-Varina, NC 27526
Subject: DENIAL of 401 Water Quality Certification Application
Sandford WFF Conveyance to Fuquay-Varina and Holly Springs TM
Dear Mr. Wagner:
On February 13, 2024, the Division of Water Resources (Division) received your application requesting a
401 Water Quality Certification from the Division for the subject project. On March 12, 2024,the
Division met with the applicant to discuss application completeness and additional items related to the
NCEPA process. Based on the limitations set forth in 15A NCAC 01C .0107 (a), "if an environmental
document is required under NCEPA, DEQ shall not undertake an action until the environmental
document for that action is final". As of the date of this letter, the applicant has not obtained an
approved environmental document for the proposed project and this application is considered
incomplete and 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 a 401 Water Quality Certification is
hereby denied. The Division has performed a preliminary review of the application and has included
items below for you to consider before resubmitting:
1. The application does not have a jurisdictional determination decision from the USACE. Please
include concurrence from the USACE regarding jurisdictional features within the project area.
2. Stream impacts S2, S13, S15, and S21 are described as "not able to accommodate a near-
perpendicular crossing due to realignment of the pipe corridor". Please provide further detail
on the crossing angles and why the perpendicular angles are not able to be achieved.
3. The application currently states under Section F(1)that the project is not located within or
adjacent to protected riparian buffers. However, it appears that some project impacts will be
occurring inside of the Neuse River Basin. Please provide further confirmation that proposed
impacts will be occurring outside of the Neuse River 50-foot buffered zones.
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
NORTII CAR IWINA
ow.roemmemh�ma oa� /� 919.707.9000

DWR#20240244
Denial of Application
Page 2 of 3
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
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 [e-mail] if you have any questions
or concerns.
Sincerely,
Richard E. Rogers,Jr., Director
Division of Water Resources
Electronic cc: Kevin Duerr, Hazen and Sawyer([e-mail])
Rachel Capito, USACE Raleigh Regulatory Field Office
Todd Bowers, EPA
Harold Brady, NCDWR([e-mail])
DWR 401&Buffer Permitting Branch file/Laserfiche
Filename:20240244_Sanford WFF Conveyance to Fuquay-Varina and Holly Springs TM—Denial Letter_04-11-2024
.W.BBIBIIpI ED 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
OBGML1100101
NORTH CAR 919.707.9000
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