20210816 Ver 1_USACE RPOT Extension_20220705

Strickland, Bev
From: Gibby, Jean B CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, July 5, 2022 10:33 AM
To: Homewood, Sue
Cc: [e-mail]
Subject: [External] FW: RPOT Extension for Gallimore Dairy Rd & Project Elixir-PNK
Attachments: 20210816 and 20220379 Gallimore Dairy Rd and Project Elixir-PNK - Guilford - RPOT
extension request..pdf
Importance: High
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Ms. Homewood,
Reference is made to your attached request dated June 22, 2022, to extend the 401 RPOT to review the 401 Water
Quality Certification application from 350 South Landholdings LLC for the Gallimore Dairy Rd Extension and Project Elixir
(now Project PNK) in Guilford County to September 15, 2022. Your request is granted.
Should you have any questions, please don't hesitate to contact either Mr. Bailey or myself.
V/R,
Jean B. Gibby
Chief, Raleigh Field Office
U.S. Army Corps of Engineers
Wilmington District
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone], Ext. 24
Email: [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at: http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0
Thank you for taking the time to visit this site and complete the survey.
From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, July 5, 2022 8:09 AM
To: Gibby, Jean B CIV USARMY CESAW (USA) <[e-mail]>
Subject: FW: RPOT Extension for Gallimore Dairy Rd & Project Elixir-PNK
Importance: High
Hello Jean! Hope you had a great vacation. Apologies to bug you about this on a Monday on a Tuesday. We spoke about
this right before you left, and so I just wanted to put a bug in your ear about Sue's request for additional time for one of
i

Brad's projects that apparently needs a response from us by today or they'll have to waive or deny the 401. I'm in the
field with Sue this morning, so feel free to call me if needed. I look forward to catching up with you this week!
-Dave Bailey
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mobile: [phone]
Office: [phone], Ext. 30.
Fax: [phone]
Email: [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at: https://regulatory.ops.usace.army.mil/customer-service-survey/
Thank you for taking the time to visit this site and complete the survey.
From: Homewood, Sue <[e-mail]>
Sent: Friday, July 1, 2022 8:59 AM
To: Bailey, David E CIV USARMY CESAW (USA)<[e-mail]>
Subject: [Non-DoD Source] FW: RPOT Extension for Gallimore Dairy Rd & Project Elixir-PNK
Hi David,
I'm checking in on this. If we don't receive a favorable response by Tuesday then I'll have to start denial process asap.
Thanks.
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
[e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
From: Homewood, Sue
Sent: Wednesday, June 22, 2022 2:46 PM
To: Gibby, Jean B SAW <[e-mail]>
Cc: [e-mail]
Subject: RPOT Extension for Gallimore Dairy Rd & Project Elixir-PNK
2

Please see attached. Hard copies will not be sent unless requested.
Sue Homewood
Division ofWater Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
3368131863 mobile
Sue. [e-mail]
4S0VKHanes Mill Rd, Suhe3UU
Winston Salem NCZ71US
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DocuSign Envelope ID: 7DA8A61C-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 [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.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NOR1H CAROL Na 919.707.9000

DocuSign Envelope ID: 7DA8A61C-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:
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949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Electronic cc: David Bailey, USACE Washington Field Office
DWR 401 & Buffer Permitting Branch file
North Carolina Department of Environmental Quality I Division of Water Resources
D Q�� 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROL NA " 919.707.9000