20211593 Ver 1_Correspondence_20211119

Strickland, Bev
From: Sullivan, William <[e-mail]>
Sent: Friday, November 19, 2021 2:31 PM
To: Norton, April R CIV USARMY CESAW (USA); Cohn, Colleen M
Subject: [External] RE: SAW-2021-00064 / NC 55 and Hopson Road / NWP 39 / Corps Receipt
of Individual 401 Water Quality Certification
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April,
Thanks for looking into it, that makes sense. We heard through the grapevine today that the 2021 permits are back on
the table but may require some additional coordination with NCDWR to figure out the 401. Let me know if I can help
update anything on the permit app to make this easier.
Have a great weekend!
Willie Sullivan, PWS
Kimley-Horn 1421 Fayetteville Street, Suite 600, Raleigh, NC 27601
Direct: 919 677 2113 I Mobile: [phone] I www.kimley-horn.com
From: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, November 19, 2021 9:33 AM
To: Sullivan, William <[e-mail]>; [e-mail]
Subject: RE: SAW-2021-00064 / NC 55 and Hopson Road / NWP 39 / Corps Receipt of Individual 401 Water Quality
Certification
Willie,
Due to the complexity of the project, the Corps finds it necessary to review the project under NWP 39 terms and
conditions. I am hopeful that the pause on 2021 NWP issuance will be lifted soon.
Let me know if you have any questions.
Thanks,
April
April R. Norton
Regulatory Division
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone]
Fax: [phone]
Email: [e-mail]
1

From: Sullivan, William <[e-mail]>
Sent: Thursday, November 18, 2021 11:40 AM
To: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>; [e-mail]
Subject: [Non-DoD Source] RE: SAW-2021-00064 / NC 55 and Hopson Road / NWP 39 / Corps Receipt of Individual 401
Water Quality Certification
April and Colleen,
Thank you for the information and including me in this email chain. Since the proposed 404/401 impacts within the
project will only result from the construction of an on -site roadway, is there an avenue to issue this authorization under
Nationwide Permit #14? Let me know!
Thank you,
Willie Sullivan, PWS
Kimley-Horn 1421 Fayetteville Street, Suite 600, Raleigh, NC 27601
Direct: 919 677 2113 I Mobile: [phone] I www.kimley-horn.com
Celebrating 14 years as one of FORTUNE's 100 Best Companies to Work For
From: Norton, April R CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, November 18, 2021 11:27 AM
To: [e-mail]
Cc: Sullivan, William <[e-mail]>
Subject: SAW-2021-00064 / NC 55 and Hopson Road / NWP 39 / Corps Receipt of Individual 401 Water Quality
Certification
Dear Colleen Cohn,
After review of the submitted permit application for NC-55 and Hopson Road, dated November 2, 2021, and Nationwide
Permit 39 Water Quality General Certification (GC) No. 4263, dated December 18, 2020, it appears that an individual 401
water quality certification (WQC) is required from the NCDWR for the proposed activities. The ePCN received by our
office provided the 9 required elements for an individual WQC. This permit application/ePCN, constitutes the Corps
initial receipt of the 401 WQC application. Unless NCDWR is granted a time review extension, a waiver will be deemed to
occur if the NCDWR fails to act on this request for certification within 120 days from the date of the complete 401
request. The reasonable period of time (RPOT) for you to act on this WQC request is 120 calendar days. The date upon
which the waiver will occur if you fail or refuse to act on the certification is March 2, 2022.
Dear William Sullivan: Currently, due to the decision of the United States District Court for the Northern District of
California on October 21, 2021, to remand EPA's 2020 401 WQC rule with vacatur, the Corps of Engineers is not finalizing
permit decisions that rely on a 401 WQC or waiver under EPA's 2020 rule. The Corps is working to provide more refined
guidance that provides a way forward that allows us to finalize permit decisions.
Please let me know if you have any questions.
Thank you,
April Norton
April R. Norton
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Regulatory Division
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone]
Fax: [phone]
Email: [e-mail]
3