20190906 Ver 1_Denial_20191004

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
October 4, 2019
DWR # 19-0906
Currituck County
CERTIFIED MAIL: 7019 0160 0000 3479 8780
RETURN RECEIPT REQUESTED
Janice H. Olsen
1324 Moore Street
Philadelphia, Pennsylvania 19148
Subject: DENIAL OF 401 WATER QUALITY CERTIFICATION
206 Waterside Drive, Harbinger, NC — Proposed fill of 0.13 acres of 404 wetlands
Dear Ms. Olsen:
On July 5, 2019, the Division of Water Resources (Division) received your application dated June 21, 2019,
requesting a 401 Water Quality Certification from the Division for the subject project with subsequent
information received on July 23, 2019 through August 3, 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(c)(1)
"has no practical alternative as described in Paragraph (f) of this Rule"
The applicant has not clearly demonstrated that a sufficient purpose and/or need exists for the
project, from which a determination of no practical alternatives can be made, or to provide a
starting point for avoiding or minimizing the proposed 0.13 acres of 404 wetland losses.
15A NCAC 02H .0506(c)(2)
`'will minimize adverse impacts to the surface waters based on consideration of existing
topography, vegetation, fish and wildlife resources, and hydrological conditions under the criteria
outlined in Paragraph (g) of this Rule"
The applicant has not demonstrated that minimization of impacts has taken place sufficient to
support the existing uses of any remaining wetlands upon project completion.
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 Articles 3 and 4 of General Statute 1506 by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days.
Ql- North Carolina Department of Environmental Quality I Division of Water Resources
D_E512 North Salisbury Street o 1617 Mail Service Center I Raleigh. North Carolina 27b99 1617
NJ*a �+^+ 919.707.9000

OLSEN PROPERTY— PROPOSED WETLAND FILL
DWR# 19-0906
401 WQC Denial
Page 2 of 2
A petition form may be obtained from the OAH at htti)://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).
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, INC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This completes the review of the Division under section 401 of the Clean Water Act. 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 Paul Wojoski at 919-807-6360 or [e-mail] if you have any questions or
concerns.
Sincerely,
l.�
Li a Culpepper, Director
Division of Water Resources
cc: Joe Lassiter, Lassiter Environmental Consulting, LLC
Josh Pelletier, USACE Washington Regulatory Field Office (via e-mail)
Todd Bowers, EPA (via e-mail)
Gregg Bodnar, DCM Morehead City (via e-mail)
Ron Renaldi, DCM Elizabeth City (via e-mail)
Cynthia Rountree, DCM Elizabeth City (via e-mail)
DWR WaRO 401 files
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