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Home My WebLink About19970093 Ver 1_USACE Permit Mod Time Extension_20180124Strickland, Bev From: McCrain, Jerry <jmccrain@moffattnichol.com> Sent: Wednesday, January 24, 2018 2:56 PM To: Higgins, Karen Cc: Edwards, Charles H; Barkes, Richard W; Ron Ferrell Subject: [External] NCGTP - 401 Water Quality Certification Attachments: USACE Permit Mod Time Extension to 2028 011018.pdf CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to report.spam@nc.gov. Karen, I heard that Jennifer Burdette is no longer with state government. I had been corresponding with Jennifer in regards to the NC Global TransPark 404 permit, which was subject to expire in October 2018. Of course, the 401 Water Quality Certification for the project (WQC Project # 970093, WQC # 3184) would also be subject to expire as well. Jennifer had indicated that her (your) agency would follow the USACE lead if a 404 permit was re -issued such that 401 would be re- issued simultaneously. As you can see from the attached correspondence, USACE has re -issued the NCGTP 404 permit until October 2028. Could you please confirm that NCGTP can receive 401 Water Quality (Re-) Certification until 2028 to match the 404 permit, and if so, can we get some sort of verification to document this re -certification? If we need to provide you with any information in support of this request, please let me know. I also know this information is being dropped on you at the last minute without your previous involvement, so please feel free to call me if you want to discuss this project. Thank you for your attention to this matter. Jerry McCrain Jerry McCrain, Ph.D., CEP, PWS Click HERE to upload files to my personal filebox 4700 Falls of Neuse Road, Suite 300 1 Raleigh, NC 27609 P 919.781.4626 1 F 919.781.4869 1 C 919.215.7707 mccrain(cDmoffattnichol.com Creative People, Practical Solutions. 11 Connect with us: Website I Facebook I Linkedln I Twitter From: McCrain, Jerry Sent: Wednesday, January 17, 2018 12:56 PM To: jennifer.burdette@ncdenr.gov Cc: Barkes, Richard W <rbarkes@ncdot.gov>; Edwards, Charles H <chedwardsl@ncdot.gov>; re_ferrell@yahoo.com; 'Fuller, Jennifer M' <jmfuller@ncdot.gov>;'Undrea Major'<u major@ Ij bi nc.com>; 'Thomas,Allen' <amthomas@ncdot.gov> Subject: NCGTP - 401 Water Quality Certification Hello Jennifer, As we discussed a few months ago, I wanted to keep you abreast on the status of our NC Global TransPark 404 permit. You may recall that the NCGTP permit was due to expire October 2018. It was imperative that we get this permit renewed to allow NCGTP to continue with the project. We received the attached letter from Scott McLendon indicating that USACE would renew NCGTP until 2028. I believe you mentioned that DEQ would follow the USACE lead on permitting and that DEQ would re -issue 401 Water Quality Certification to match the 404. Could you please let me know if we can receive 401 Water Quality (Re-) Certification to 2028 for this important project? If we need to provide you with any information in support of this request, please let me know. I look forward to hearing from you, and thank you for your consideration. Jerry Jerry McCrain, Ph.D., CEP, PWS Click HERE to upload files to my personal filebox 4700 Falls of Neuse Road, Suite 300 1 Raleigh, NC 27609 P 919.781.4626 1 F 919.781.4869 1 C 919.215.7707 mccrain(cDmoffattnichol.com Creative People, Practical Solutions. ° Connect with us: Website I Facebook I Linkedln I Twitter Regulatory Division Action ID SAW -1992-02851 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 January 10, 2018 Mr. Allen Thomas, Executive Director North Carolina Global TransPark Authority 3800 Hwy 58 North Kinston, North Carolina 28504-7928 Dear Mr. Thomas: In accordance with your written request of August 3, 2017, and subsequent submittal of additional information to us on October 12, 2017, the completion date of your Department of the Army permit to develop the North Carolina Global TransPark located in Kinston, Lenoir County, North Carolina, is hereby extended until October 21, 2028. All other conditions of your permit remain in full force and effect. This correspondence also confirms our meeting on August 2, 2017. As you are aware, the Final Environmental Impact Statement (FEIS) and Department of the Army Section 404 permit authorizing this project will be 30 years old in 2028. As discussed, there have been many changes to the Corps' enabling regulations, policies and technical guidance since publication of the FEIS and issuance of the permit, and additional changes are likely between now and the new expiration date. Furthermore, much time will have passed since the original wetland delineation and jurisdictional determination was undertaken. Based upon this, if the work that was projected to be completed within the Global TransPark Boundary is not completed on or before the new expiration date herein specified, the Corps will consider at that time whether a new jurisdictional determination, NEPA evaluation, and permitting process must be undertaken to ensure compliance with federal laws, regulations, policies, and guidance. Furthermore, it is our understanding that the TransPark Authority desires to transfer its mitigation assets into the NC Department of Transportation Umbrella Mitigation Bank (LIMBI). Although this may be acceptable, this transfer would require a modification to your permit as well as modification to the UMBI and review and approval by the Interagency Review Team. My staff is currently working with the NC Department of Transportation to update and modify the LIMBI; until that modification is complete, we would be unable to incorporate any new assets into the LIMBI. -2 - Thank you for your time and cooperation. If you have any questions, please contact Mr. Tom Steffens of my Washington Regulatory Field Office staff at telephone (910) 251-4615. FOR T ECO MAN ER Scott McLendon Chief, Regulatory Division Wilmington District Corps of Engineers Copies Furnished: Mr. Jerry McCrain Moffat & Nichol 4700 Falls of the Neuse Road, Suite 300 Raleigh, North Carolina 27609 Mr. Phil Harris North Carolina Department of Transportation Section Head, Natural Environment Section 1598 Mail Service Center Raleigh NC 27699-1598 Mr. Bobby Lewis Chief of Staff North Carolina Department of Transportation 1501 Mail Service Center Raleigh, NC 27699-1501 Ms. Karen Higgins NC Division of Water Resources 1611 Mail Service Center Raleigh, NC 27699-1611