20220241 Ver 1_RPOT Ext Request_20220525

DocuSign Envelope ID: 9507C5B3-3334-46E5-91A1-732E392F87AD
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Tommy Fennel
Chief, Regulatory Division
U.S. Army Corps of Engineers
Wilmington District
NORTH CAROLINA
Environmental Quality
May 24, 2022
(Delivered via email at [e-mail])
Subject:
Dear Chief Fennel,
Responsible Period of Time Extension Request
Martin Marietta Belgrade Quarry Expansion 401 Water Quality Certification,
Jones County
Corps Action ID# SAW-2019-00233; DWR# 20220241
On February 11, 2022, the Division of Water Resources (DWR) received an application from
Martin Marietta for an Individual 401 Water Quality Certification for the Belgrade Quarry
Expansion in Jones County. The US Army Corps of Engineers issued a public notice regarding the
proposed project on February 24, 2022 and stated that the reasonable period of time for DWR
to act on the request for certification would be 120 days from the public notice (June 24, 2022).
DWR respectfully requests that the reasonable period of time be extended until October 15,
2022. In support of this request, we direct your attention to the following considerations:
Pending information request: DWR sent a request for more information to the applicants
dated March 23, 2022. The applicants submitted a partial response to DWR on May 13, 2022.
The applicant's response indicates that they are currently working with a mitigation bank to
secure partial credits and is proposing Permittee Responsible Mitigation for partial credits. The
Permittee Responsible Mitigation proposal is currently a conceptual proposal and requires in
depth evaluation by the agencies. The Division is unable to complete its review and determine
the project's compliance with state water quality standards until receipt and review of the
satisfactory Mitigation Plan.
USACE Pending information request: DWR has received copy of a request for additional
information sent by the USACE to the applicant on May 11, 2022. Information requested within
that letter would directly impact DWR's 401 certification review and therefore is necessary
prior to DWR making a final certification decision.
D_E
NORTH CAROLINA
napermrene m EIMrnwren al gnaiiry
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: 9507C5B3-3334-46E5-91A1-732E392F87AD
By making this request, DWR does not waive its right to determine that additional information
or time is necessary to process the application. Further, DWR does not waive its right to contest
the legality of the Corps' August 7, 2019, Regulatory Guidance Letter, Corps regulations
implementing section 401 of the Clean Water Act, or any actions taken by the Corps pursuant
thereto.
We respectfully request that you provide your written concurrence by June 17, 2022.
If you have any questions, please contact Sue Homewood at 336-776-9693 or
[e-mail].
Sincerely,
DocuSigned by:
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Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Andy Williams, USACE Washington Field Office
Emily Thompson, USACE Washington Field Office
DWR 401 & Buffer Permitting Branch file
NORTH CAROLINAD E
o�mm�Mm .�� mel u�si-
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000