20190009 Ver 1_Denial Letter_20190501

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
May 1, 2019
DWR # 20190009
Forsyth County
CERTIFIED MAIL: 7013 3020 0000 7632 0031
RETURN RECEIPT REQUESTED
Shugart Enterprises, LLC
Attn: Greg Garrett
221 Jonesville Rd
Winston Salem NC 27104
Subject: DENIAL OF 401 Water Quality Certification
Sedge Hollow Subdivision
Dear Mr. Garrett:
On December 28, 2018, the Division of Water Resources (Division) received your application
dated December 21, 2018, requesting a 401 Water Quality Certification from the Division for
the subject project, with additional information submitted received on March 22, 2019.
Pursuant to 15A NCAC 02H .0506, a certification shall be issued when the Director determines
that water quality standards are met. The project has not met the following requirements:
• 15A NCAC 02H .0506(b)(1)
"has no practical alternative as described in Paragraph (f) of this Rule"
There are practical alternatives, such as a private sewer and/or pump station, available that
would avoid the proposed impact to surface waters.
In accordance with 15A NCAC 02H .0507(e), your application for a 401 Water Quality
Certification is hereby denied.
This decision can be contested as provided in General Statute 150B by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as CAH) within
sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
North Carolina Department of Environmental Quality I Division of Water Resources
D_E 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699 1617
•� �.� 919.7079000

Shugart Enterprises, LLC
DWR# 20190009
Denial of 401 Application
Page 2 of 2
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
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 section 401 of the Clean Water Act and 15A
NCAC 02H .0500. 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 would be a
violation of North Carolina General Statutes and Administrative Code.
Contact Sue Homewood at 336-776-9693 or [e-mail] if you have any
questions or concerns.
Sincerely,
Linda Culpepper
Director, Division of Water Resources
cc: Brad Luckey, Pilot Environmental (via email)
Bryan Roden -Reynolds, LISACE, Charlotte Regulatory Field Office (via email)
DWR WSRO 401 files
DWR 401 files
Filename: 20190009SedgeHollowSD( Forsyth)_401_GC_DEN IAL

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