20020158 Ver 3_401 Cert Extension_20201221

Strickland, Bev
From:
Sugg, Mickey T CIV USARMY CESAW (USA) < [e-mail] >
Sent:
Monday, December 21, 2020 8:21 AM
To:
Mairs, Robb L; Wojoski, Paul A; Bowers, Todd
Cc:
MacPherson, Tara; Currey, Gregory E CIV USARMY CESAW (USA); McLendon, C S CIV
USARMY CESAW (USA); Smith, Ronnie D CIV USARMY CESAW (USA)
Subject:
[External] 401 Cert Extension for Sunset Bch (Jinks Creek Project)
Attachments:
Sunset Bch Jinks Creek_DWR ext request.pdf
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Good morning,
Attached is our office's concurrence on DWR's request for time extension. This letter will be forwarded to the Town and
their agent for their awareness as well. If you have any further questions, pls don't hesitate calling.
-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)
"The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
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1

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
December 17, 2020
Regulatory Division
Action ID. SAW-2019-01155
Re: Request for Time Extension: Town of Sunset Beach request for an Individual 401
Water Quality Certification for the South Jinks Creek, the Bay Area & the Feeder
Channel Maintenance Dredging Project (DWR # 2002-0158v3) in Brunswick County
Ms. Morella Sanchez King
Division of Water Resources -Water Quality Regional Operations Section
North Carolina Department of Environmental Quality
217 West Jones Street
Raleigh, North Carolina 27603
Dear Ms. King:
This letter is in response to your November 25, 2020 request for an extension of time
to review the subject project for the required individual 401 Water Quality Certification
(WQC). As stated in the letter, DWR considers a reasonable period of time for
consideration of the 401 application to be six months from receipt of the application.
This timeframe was requested due to the project's "complexity" and "potential need for
additional study or evaluation of water quality effects". Your office has established
October 2, 2020 as the start date of the six-month period, which places the extension
deadline to March 31, 2021.
As you are aware, the Corps of Engineers issued Regulatory Guidance Letter (RGL)
No.19-02 titled: Timeframes for Clean Water Act Section 401 Water Quality
Certifications and Clarification of Waiver Responsibility. Within that guidance, it is
stated that the Corps may consider a 401 certification waived if the certifying agency
fails or refuses to act on a request for certification within 60-days after receipt of such a
request unless the District Engineer determines that a shorter or longer period of time is
reasonable for the certifying agency to act. It also states that "any additional time
granted should be the minimum amount of time necessary for the certifying agency to
act on a 401 WQC request and should not default to one year from receipt of such
request" as defined in 33 CFR 325.2 (b)(1)(ii).

-2-
After discussing this request with Messrs. Paul Wojoski and Robb Mairs of your staff
on December 10, 2020, we have determined that the requested extension for the Town
of Sunset Beach Dredging project is consistent with the above referenced guidance as
expressed for the reasons disclosed. Therefore, the Corps agrees to extend the review
period until March 31, 2021.
If you have any questions regarding this correspondence, please do not hesitate to
contact Greg Currey by phone at: 910-523-1151 or by email at
[e-mail].
Sincerely,
SUGG.MICKEY. Digitally
GIGIM��KEY. ;2298°°830
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Mickey Sugg, Chief
Wilmington Regulatory Field Office
Copy Furnished:
Mr. Todd Bowers, US EPA
Mr. Robb Mairs, NC DWR
Mr. Paul Wojoski, NC DWR
Ms. Tara McPherson, NC DCM