20220790 Ver 1_RPOT Request_20221219

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ROY COOPERW
Governor
ELIZABETH S. BISERSecretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
December 19, 2022
Mr. James Lastinger
Chief, Regulatory Division
U.S. Army Corps of Engineers
Wilmington District
(Delivered via email at [e-mail])
Subject: Reasonable Period of Time Extension Request
Timbermill Wind - 401 Water Quality Certification
Chowan County
Corps Action ID# SAW-2021-00056; DWR# 20220790v1
Dear Chief Lastinger,
On June 13, 2022, the Division of Water Resources (DWR) received an application from
Timbermill Wind, LLC for an Individual 401 Water Quality Certification for Timbermill Wind, an
energy generation project in Chowan County. (DWR# 20220790v1). DWR previously received
approval to extend the reasonable period of time for consideration of the 401 application to
180 days, terminating on December 12, 2022, on September 12, 2022. We now respectfully
request an additional 7 days, concluding on December 19, 2022, as we await accurate impact
data from the applicant. In support of this request, we direct your attention to the following
considerations:
Complexity of the proposed project: The proposed project is for the construction and
installation of 44 wind turbines and equipment including associated infrastructure. The
proposed project will result in impacts to over 28 acres of wetlands in additional to over 18
acres of indirect wetland impact via resource conversion and 169 linear feet of stream impacts.
The Division has not evaluated projects in this category of activity (wind turbine installation).
Therefore, the Division needs additional time to understand the projects' purpose in order to
evaluate the project's impacts on water resources. In additional, and more specifically, the
Division needs additional time for a specialist to review of the mitigation proposal for the high
quantity of impacts for its compliance with state water quality requirements. Therefore,
additional time to is needed to review such a unique project for compliance with water quality
standards.
D E Q JJ 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
NORTHCAROLINA 919.707.9000
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DocuSign Envelope ID: 9A009AD8-E41A-47F8-80C0-3F68F863D3B8
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.
If you have any questions, please contact Kelsey Rowland at 919-707-3631 or
[e-mail].
Sincerely,
DOCUSigned by:
9969F633EA974AB...
Erin Davis, Acting Supervisor
401 & Buffer Permitting Unit
cc: DWR 401 & Buffer Permitting Branch file
Anthony Scarbraugh, ACOE Washington Field Office
I E Q�North Carolina Department of Environmental Quality I Division of Water Resources
l> 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
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