20210224 Ver 1_401 Request for Extension Reponse_20220107

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

January 7, 2022

Regulatory Division

Re: Request for extension – Application from Terramor Homes for an Individual 401
Water Quality Certification for Westpoint Development (DWR # 20210224 v1).

Corps Action ID. 2006-40196.

Mr. Paul Wojoski
Division of Water Resources-401 & Buffer Permitting Unit
North Carolina Department of Environmental Quality
512 North Salisbury Street
Raleigh, North Carolina 27699
(Sent via email at [e-mail] )

Dear Mr. Wojoski:

Please reference your December 16, 2021 e-mail requesting an extension of time to
review the subject project for the required individual 401 Water Quality Certification
(WQC). DWR is requesting that the review period for the 401 application to be extended
6 months.

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).

We have thoroughly reviewed the information contained in your request and have
considered the receipt date of the application, the original established reasonable period
of time for DWR’s review (ending on January 14, 2022), and the nature of the impacts
and overall regulatory scope. Based on this information, our office has determined that
an extension of additional 120 days from December 16, 2021 (date of your letter) is a
more appropriate reasonable period of time to review and not the full 6-month as
requested. Accordingly, a final decision on the application for the WQC should be made

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on or before April 15, 2022 or we would have no choice but to consider the WQC
waived (unless the Division denies the certification beforehand).

If you have any questions regarding this correspondence please do not hesitate to
contact me by phone at: 910-251-4811 or by email at: [e-mail] .

Sincerely,

Mickey Sugg
Acting Chief, Regulatory Division
Wilmington District

E-mail Copy Furnished:

Mr. Todd Allen Bowers, US Environmental Protection Agency