20231361 Ver 1_Denial_20240415

DocuSign Envelope ID: FDOAC7D6-E7F8-44EC-8F19-CBBAD2A83OD4
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 15, 2024
DWR #20231361
Granville County
SG WASA
Attn: Mr. Scott Schroyer
415 Central Avenue, Suite B
Butner, NC 27509
Delivered via email to: [e-mail]
Subject: DENIAL of 401 Water Quality Certification Application
1-85 Sewer System Improvements
Dear Mr. Schroyer:
On November 9, 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 January 8,
2024, the Division notified you that your application was incomplete and requested additional
information. The Division has not received a 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 May 1, 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 January 8, 2024 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
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 Winston-Salem, North Carolina 27105
NOMlH naouNa 336.776.9800

DocuSign Envelope ID: FDOAC7D6-E7F8-44EC-8F19-CBBAD2A83OD4
I-85 Sewer System Improvements
DWR# 20231361
Denial
Page 2 of 2
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:
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 Sue Homewood at 336-813-1863 [e-mail] if you have any
questions or concerns.
Sincerely,
� gDo'clu,Siigne'd by:
Y �l,�U�U�I�
32BDA3BFE0074C5...
Michael Pjetraj, P.E., CPM
Deputy Director
Division of Water Resources
Electronic cc: Jason Hales, CDM Smith
Dicky Harmon, USACE, Raleigh Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch file
North Carolina Department of Environmental Quality I Division of Water Resources
D � Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105
Noa1HCAao_wA 336.776.9800