20020158 Ver 3_Request for Additional Review Time_20201125

Strickland, Bev
From:
Sent:
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Cc:
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Attachments:
Dear Chief McLendon,
Mairs, Robb L
Wednesday, November 25, 2020 4:00 PM
McLendon, Scott C SAW
Gregory E CIV USARMY CELRP(USA)Currey; Weychert, Curtis R; MacPherson, Tara;
Neal, Robert; Wojoski, Paul A
20020158v3 Town of Sunset Beach Maintenance Excavation and Nearshore Placement
20020158v3Town_of_Sunset_Beach_DredgingNearshore_Placement(Brunswick)_Re....p
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I hope this finds you well. Please see the attached letter for requesting additional review time for the referenced
project.
Thanks, and I hope you and your family have a nice and safe Thanksgiving.
Robb Mairs
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
910 796.7303 office
robb.mairsa-ncdenr.gov
https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-
ep rmits
127 Cardinal Drive Extension
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

DocuSign Envelope ID: 3BBE1264-B28B-400D-AC4A-lFF926DFF242
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. DANIEL SMITH
Director
Scott McLendon, Chief
Regulatory Division, Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington NC 28403-1343
NORTH CAROLINA
Environmental Quality
November 25, 2020
DWR # 2002-01580
Brunswick County
Subject: REQUEST FOR ADDITIONAL REVIEW TIME
Town of Sunset Beach Navigation Project, Maintenance Dredging of South Jinks
Creek, the Bay Area & the Feeder Channel, Nearshore Placement
Dear Chief McLendon,
On October 2, 2020, the Division of Water Resources ("DWR") received a CAMA Major Permit
Application requesting for a 401 Water Quality Certification for the referenced project that may result in
a discharge to the Waters of the United States. The project was public noticed by the Army Corps of
Engineers on October 19, 2020.
On Friday, September 11, 2020, the Environmental Protection Agency's "Clean Water Act Section 401
Certification Rule" ("Federal Rule") became effective. This rule at 40 C.F.R. Section 121.6(c), outlines
factor which the Federal agency shall consider in establishing the reasonable period of time for the
processing of 401 Water Quality Certifications requests. To date, the Division has not received a written
notice regarding the applicable reasonable period of time to act on the certification request as outlined
in 40 C.F.R. Section 121.6(b). Therefore, to avoid any confusion and pursuant to this new Federal Rule,
DWR hereby requests your written concurrence that a reasonable period of time for DWR to act on this
Certification Request for is six months.
In support of this request we direct your attention to the following considerations:
1. The complexity of the proposed project.
The project is uniquely complex in that it proposes nearshore material placement. Nearshore
and intertidal material placement is not usually considered a preferred alternative due to other
feasible alternatives that would result in less water quality impacts. According to the applicant,
this alternative was selected due to possible property rights issues of placing material on the
beachfront and to comply with state coastal management law. This limitation on alternatives
and this non-traditional project design needs additional time to investigate.
D Q
� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTH CAROLINA
kpn rt l 0 E^A—tal Qwuq 910.796.7215

DocuSign Envelope ID: 3BBE1264-B28B-400D-AC4A-1FF926DFF242
2. The potential need for additional study or evaluation of water quality effects from the
discharge.
The Corps public notice served to satisfy the Division's public notice requirement pursuant to
state rules. The comment period closed November 19, 2020. The Division needs additional time
to review the comments received on the project, specifically the resource agency comments and
recommendations.
DWR believes these criteria justify a determination by the Corps that six months is a reasonable period
of time for the DWR to act upon the application.
By making this request, DWR does not waive its right to determine upon further review of the
Certification Request that additional information and/or additional time is necessary to process the
application. DWR further does not waive its right to object to or contest the legality of any of the
provisions set forth in Federal Rule any actions taken by the Corps pursuant to it, whether related to this
Certification Request or any other projects over which the State has jurisdiction pursuant to Section 401
of the Clean Water Act.
Thank you for your consideration of this time -sensitive matter. Please contact Robb Mairs at (910) 796-
7303 or [e-mail] with any questions.
Sincerely,
DocuSigned by:
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Morella Sanchez King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: Greg Currey, Wilmington District, ACOE-Electronic Copy
Robert Neal, Moffatt and Nichol -Electronic Copy
Curt Weychert, NC Division of Coastal Management, Morehead City Office -Electronic Copy
DWR 401 & Buffer Permitting Unit
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