20221257 Ver 1_RPOT Response_20221026

Strickland, Bev
From: Dailey, Samantha J CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, October 26, 2022 12:49 PM
To: Homewood, Sue
Subject: [External] Fiddlers Creek Outfall Replacement: 401 WQC Requirements per 40 CFR
Part 121
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Good afternoon Sue,
In the event I wasn't able to recall the previous email, please use this one as the RPOT date was inaccurate.
This email is concerning the attached Pre -construction notification (PCN) received by the U.S. Army Corps of Engineers
(USACE) on September 8, 2022. The Corps Action ID Number associated with this project is: SAW-2022-01818.
Please provide a written response within 14 days from the date of this email, regarding the North Carolina Division of
Water Resources (DWR) receipt date for this project, otherwise, we will consider our receipt date as accurate. Also, within
14 days, please notify me if the certification request does not contain the nine (9) components listed in Section 121.5(b) of
the 2020 Clean Water Act Section 401 Certification Rule.
As specified in the September 16, 2022, Programmatic Agreement (PA) between the USACE, Wilmington District, and the
North Carolina Department of Environmental Quality, Division of Water Resources, the reasonable period of time (RPOT)
for DWR to act on a Section 401 certification request is 120 days unless the RPOT is extended per the terms of this PA.
As such, unless we receive an email request for an extension of the RPOT, the USACE will consider the Section 401
certification for this project to be waived on January 7, 2023.
Please contact me if you have any questions regarding this request.
Warm Regards,
Sam Dailey (she/her)
Chief, Charlotte Regulatory Field Office
U.S. Army Corps of Engineers, Wilmington District
ADDRESS: 8430 University Executive Park Drive, Charlotte, NC 28262
Email: [e-mail]
Phone: [phone]