20210816 Ver 1_RPOT Extension Request_20220622

DocuSign Envelope ID: 7DA8A61 C-17EA-4F86-8418-509A6B80E091
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Ms. Jean Gibby
Chief, Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
Wilmington District
NORTH CAROLINA
Environmental Quality
June 22, 2022
(Delivered via email at [e-mail])
Subject: Responsible Period of Time Extension Request
Gallimore Dairy Rd 401 Water Quality Certification. DWR# 20210816
Project Elixir/Project PNK-High Point 401 Water Quality Certification, DWR# 20220379
Corps Action IDs# SAW-2014-02098/SAW-2021-01390
Guilford County
Dear Ms. Gibby,
On March 10, 2022 and March 17, 2022, the Division of Water Resources (DWR) received
applications from 350 South Landholdings LLC for a Individual 401 Water Quality Certifications
for the Gallimore Dairy Rd Extension and Project Elixir (now Project PNK) in Guilford County.
DWR respectfully requests that the reasonable period of time for 401 Certification action be
extended until September 15, 2022. In support of this request, we direct your attention to the
following considerations:
Pending information request: On April 7, 2022 US Army Corps of Engineers (USACE) sent a
request for more information to the applicant. The DWR sent a request for more information
to the applicant dated April 11, 2022. The applicant provided more information to the agencies
in response on May 24, 2022. Upon review of the additional information provided, DWR has
determined that the applicant's response does not sufficiently address all items of concern
expressed by the agencies. DWR has received copy of a follow up request for additional
information sent by the USACE to the applicant on June 22, 2022. Information requested within
that letter, specifically the type of federal permit applicable to these projects, would directly
impact DWR's 401 certification review and therefore is necessary prior to DWR making a final
certification decision. The Division is unable to complete its review and determine the project's
compliance with state water quality standards until the applicant furnishes additional
information the until the USACE determines the appropriate permitting mechanism for the
proposed projects.
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: 7DA8A61 C-17EA-4F86-8418-509A6B80E091
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 30, 2022.
If you have any questions, please contact Sue Homewood at 336-776-9693 or
[e-mail].
Sincerely,
—DocuSigned by:
P i" 101.0L
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Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Electronic cc: David Bailey, 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