20220790 Ver 1_USACE Correspondence_20220912

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
September 12, 2022
Regulatory Division
Re: Request for Time Extension
Timbermill Wind Facility - SAW-2021-00056 (DWR # 20220791v1)
Chowan County
Mr. Paul Wojoski
Division of Water Resources -Water Quality 401 & Buffer Permitting Unit
North Carolina Department of Environmental Quality
1611 Mail Service Center
Raleigh, North Carolina 27603
Dear Mr. Wojoski:
Please reference the September 9, 2022, email from you requesting an extension of
time to review the subject project for the required individual 401 Water Quality
Certification (WQC). In a letter attached to the email, DWR is requesting that the review
period for the 401 application to be 228 days from the issuance date of the Corps'
Public Notice for this project (issued by the Corps on April 28, 2022).
As you are aware, the Corps of Engineers issued Regulatory Guidance Letter (RGL)
No.19-02 titled: Timeframes for Clean Water Act Section 401 Water Quality
Certifications and Clarification of Waiver Responsibility. Within that guidance, it is stated
that the Corps may consider a 401 certification waived if the certifying agency fails or
refuses to act on a request for certification within 60-days after receipt of such a request
unless the District Engineer determines that a shorter or longer period of time is
reasonable for the certifying agency to act. It also states that "any additional time
granted should be the minimum amount of time necessary for the certifying agency to
act on a 401 WQC request and should not default to one year from receipt of such
request" as defined in 33 CFR 325.2 (b)(1)(ii).
We have thoroughly reviewed the information contained in your request and
understand that the proposed project does contain elements that are unique including
the magnitude of potential impacts to aquatic resources and proposed mitigation. We
have considered the time frame you have proposed and believe that a more reasonable
time for consideration of the 401 application is 228 days. Accordingly, a final decision on
the application for the WQC should be made on or before December 12, 2022, or we
would have no choice but to consider the WQC waived (unless the Division denies the
certification beforehand).

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If you have any questions regarding this correspondence, please do not hesitate to
contact me by phone at: 910-251-4558, or by email at:
iames.c.lastinger(a)usace.army. m il.
Sincerely,
James Lastinger
Chief, Washington Regulatory Field Office
Wilmington District
cc (via e-mail)
Mr. Todd Allen Bowers
US EPA Region 4
61 Forsyth Street, SW
Mail Code: 9T25
Atlanta, Georgia 30303-8960
bowers.todd(a)epa.gov