20221739 Ver 1_RPOT Response_20230406

From: Sugg, Mickey T CIV USARMY CESAW (USA)
To: Finch, Greg
Cc: Currey, Gregory E CIV USARMY CESAD (USA); Snider. Holley; Homewood, Sue
Subject: [External] RE: [URL Verdict: Neutral][Non-DoD Source] Re: 1913 & 1917
Date: Thursday, April 6, 2023 10:00:44 AM
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Greg,
In review of this request, our office is approving the extension until July 1, 2023. 1 will be providing a
letter to both you and DWR confirming our approval.
-mickey
Mickey Sugg, Chief
Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
[phone] (direct line)
[phone] (fax)
From: Currey, Gregory E CIV USARMY CESAD (USA) <[e-mail]>
Sent: Wednesday, April 5, 2023 9:54 AM
To: Sugg, Mickey T CIV USARMY CESAW (USA) <[e-mail]>
Cc: Finch, Greg <[e-mail]>
Subject: FW: [URL Verdict: Neutral][Non-DoD Source] Re: 1913 & 1917
Mickey here is another request for a 401 extension. SAW 2022-02654, Pettersson Project.
Greg
From: Finch, Greg <gregory.finch(@c1avey.com>
Sent: Wednesday, April 5, 2023 9:01 AM
To: Currey, Gregory E CIV USARMY CESAD (USA) <Gregory.E.Currey(@usace.army.mil>
Cc: Snider, Holley <holley.snider(@ncdenr.gov>; Luck, Cameron A <Cameron.Luck(@ncdenr.gov>;
Bodnar, Gregg <gregg.bodnar(@ncdenr.gov>; Sugg, Mickey T CIV USARMY CESAW (USA)
<Mickey.T.Sugg(@usace.army.mil>; Harding, Kimberlee k <Kimberlee.Harding(@ncdenr.gov>
Subject: Re: [URL Verdict: Neutral][Non-DoD Source] Re: 1913 & 1917
Hi Greg,
Since we received the request for additional information from DWR that also notes concerns from
DMF we have been coordinating with DMF to address those concerns, specifically, mapped SAV in
the vicinity of the project. We also needed to modify the proposed maintenance dredging to match

existing conditions at the time of original permitting to address comments from DWR. We have
completed these changes and coordination and should have a response to the comments and
concerns submitted to DWR by the end of the week. To allow for adequate review and processing
from that point, we're cordially requesting an additional 60 days extension of the federal clock for
DWR action on the 401 application (until June 7, 2023), which, based on my understanding, would
also coincide with the state review period.
Thank you for the quick response and action.
Greg Finch I Section Manager
Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403
P: 910.452.0001 ext. 1928 1 M: 910.470.4734
0
Visit our local office pace
On Wed, Apr 5, 2023 at 8:27 AM Currey, Gregory E CIV USARMY CESAD (USA)
<Gregory.E.Currey(@usace.army.mil> wrote:
Greg, just started doing these. I need to get from you an explanation as to why you need the
extension (Where you are in the process) and an estimate of how much time you will need.
Mickey has to approve these.
Thanks,
G reg
From: Finch, Greg <gregory.finch(@davey.com>
Sent: Tuesday, April 4, 2023 5:04 PM
To: Snider, Holley <holley.snider(@ncdenr.gov>
Cc: Luck, Cameron A <Cameron.Luck(@ncdenr.gov>; Bodnar, Gregg <gregg.bodnar(@ncdenr.gov>;
Currey, Gregory E CIV USARMY CESAD (USA) <Gregory. E.Currey(@usace.army.mil>; Sugg, Mickey T
CIV USARMY CESAW (USA) <Mickey.T.SuggPusace.army.mil>; Harding, Kimberlee k
<Kimberlee.Harding(@ncdenr.gov>
Subject: [URL Verdict: Neutral][Non-DoD Source] Re: 1913 & 1917
Holley, thank you for the phone call and explanation.
Mickey, Greg:
Can you please confirm via response to this email that USACE will extend the federal clock for
DWR action on the 401 application for an additional 60 days, until June 7, 2023. We anticipate
submitting a response to DWR's request for additional information by the end of this week and

would appreciate the additional time to correspond with the commenting agencies.
Thank you for your assistance, we greatly appreciate it.
Sincerely,
Greg Finch I Section Manager
Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403
P: 910.452.0001 ext. 1928 1 M: 910.470.4734
Visit our local office page
On Tue, Apr 4, 2023 at 4:54 PM Snider, Holley <holle�.snider(@ncdenr.gov> wrote:
Good afternoon Greg,
Per our phone conversation, DWR received the DCM major permit application for 1913 & 1917
Atlantic Drive in Wilmington New Hanover County on 12/9/22. On 2/7/23, DWR requested
additional information necessary to complete its review of the application. Per 15A NCAC 02H
.0507, the 60 day State clock for DWR action does not restart until DWR receives all of the
information requested in its 2/7/23 additional information request. To date, DWR has not
received a response to the request for additional information and the application remains on -
hold and is incomplete for DWR to complete review.
Unfortunately, due to a federal rule promulgated in 2020, DWR also has a federal clock that
requires DWR to act on a 401 certification request within 120 days and the federal clock that
applies to DWR does not toll or restart for any reason, including additional information
requests. The federal deadline by which DWR must take action on a 401 certification
application 4/8/23. Per 40 CFR 121.6, the applicant can request that the USACE extend the
federal clock for DWR action on the 401 application.
I hope this information is helpful and feel free to call or email me if you have any questions.
Sincerely,
Holley Snider .•" ,><((((°> '-' . ..><((((°>. '-
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
Phone: [phone]
i D_ES' 0 W
127 Cardinal Drive Ext.
Wilmington, NC 28405

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