20220388 Ver 1_RPOT Response_20230106

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Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
January 6, 2023
Re: Request for Time Extension
Pines at Wake Crossing - SAW-2007-04138 (DWR # 20220388)
Wake County
Mr. Jeffrey Poupart
Division of Water Resources -Water Quality Permitting Section
North Carolina Department of Environmental Quality
217 West Jones Street
Raleigh, North Carolina 27603
Dear Mr. Poupart:
Please reference the December 28, 2022, letter from Mr. Shelton Sullivan
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 WQC application be extended to January
31, 2023, totaling 260 days from the date of receipt of the complete WQC request
(determined by the Corps as May 16, 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 is complex as it involves coordination with the

Environmental Management Commission for a Major Variance for impacts to the State
Jordan Lake Riparian Buffer Rules. We have considered the time frame you have
proposed and believe that a more reasonable time for consideration of the 401
application is 260 days. Accordingly, a final decision on the application for the WQC
should be made on or before January 31, 2023, or we would have no choice but to
consider the WQC waived (unless the Division denies the certification beforehand).
If you have any questions regarding this correspondence, please do not hesitate
to contact me by phone at: [phone], ext. 24, or by email at:
[e-mail].
Sincerely,
Jean B. Gibby
Chief, Raleigh Regulatory Field Office
Wilmington District
Copy Furnished (via e-mail):
Mr. Todd Bowers
Oceans, Wetlands and Streams Protection Branch
Wetlands and Streams Regulatory Section
U.S. Environmental Protection Agency — Region 4
Sam Nunn Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 30303-8931
Ms. Sue Homewood
Division of Water Resources
North Carolina Department of Environmental Quality
450 West Hanes Mill Road, Suite 300
Winston Salem, North Carolina 27105