20221501 Ver 1_R-2588B_Pre-Filing Meeting Request Confirmation_20220802_20221024

David Petty
From: 401 PreFile <401 [e-mail]>
Sent: Wednesday, August 17, 2022 12:04 PM
To: David Petty
Subject: [External] Automatic reply: [External] R-2588B SAW-2019-01609 401 permit application pre -filing meeting
request
WARNING: This email originated from outside of TGS Engineers.
DO NOT CLICK LINKS OR OPEN ATTACHMENTS unless you recognize the sender and are expecting the message.
This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and submit
this documentation as part of your 401 application (PCN Application) as required by federal law. DWR will not be
able to accept your application without this federally required documentation. 401 applications received without
documentation that a pre -filing meeting request was submitted at least 30 days prior will be returned as
incomplete.
Responses to this email are not monitored.
Background
On April 6, 2022, the United States Supreme Court issued an order staying a lower court's vacatur of the Trump
Administration's 2020 "Clean Water Act Section 401 Certification Rule" ("Federal Rule"). As a result of the United
States Supreme Court order, the Trump Administration's Federal Rule has sprung back into effect.
The Trump Administration's Federal Rule imposes additional procedural requirements on applicants for 401
Certifications and on DWR's processing of those applications. One requirement is that 401 applicants must request
a pre -filing meeting request at least 30 days prior to submitting their 401 application. [40 C.F.R. §121.4] In turn, the
Federal Rule requires that applicants include documentation of their pre -filing meeting request in their 401
Certification application. [40 C.F.R §121.1; 40 C.F.R. §121.5]. Please refer to the Federal Rule for more
information.
Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required pre -filing meeting
request documentation does not constitute a "certification request." As a result of the reinstatement of the Trump
Administration's Federal Rule, all 401 applications received after April 6, 2022 that do not have documentation that
a pre -filing meeting request was submitted at least 30 days prior to submittal of a 401 Certification application will
be returned as incomplete.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact list(s).
For Non -Transportation Central Staff:
https://deg.nc.gov/about/d ivisions/water-resources/water-quality-permitting/401-buffer-permitting/401-buffer-
permitting-contacts
For Non -Transportation Regional
Staff: https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1
For all Transportation Projects Including NCDOT Projects:
https://deg. nc.gov/about/d ivisions/water-resou rces/water-resources-perm its/transportation-perm itti ng/staff-
contacts