20020730 Ver 4_NC DNCR USS NC Battleship 401 RPOT Extension Approval_20230106

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
January 6, 2023
Regulatory Division
Re: Request for extension — Application from North Carolina Department of Natural and
Cultural Resources for an Individual 401 Water Quality Certification for the USS North
Carolina Battleship Living with Water Project (DWR # 20020730v4)
Corps Action ID.: SAW-2010-00175
Ms. Erin Davis
Division of Water Resources-401 & Buffer Permitting Unit North Carolina Department of
Environmental Quality
512 North Salisbury Street Raleigh, North Carolina 27699
(Sent via email at erin.davis(a�ncdenr.gov)
Dear Ms. Davis:
Please reference your December 9, 2022, e-mail and letter requesting an extension
of time to review the subject project for the required individual 401 Water Quality
Certification (WQC). NC DWR is requesting that the review period for the 401
application be extended to August 17, 2023. Also, as disclosed in your letter, the NC
DWR received an application for a 401 WQC on August 17, 2022, and subsequently
issued a Public Notice on August 21, 2022. The letter also states that NC DWR has
requested additional information from the applicant by letter dated October 18, 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 your request, including the reasons stated therein for
the extension, and understand that the proposed project does contain elements that are
somewhat unique. In considering the time frame you have proposed, we believe that a
more reasonable time for consideration of the 401 application will be May 5, 2023, for

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the USS North Carolina Battleship Living with Water Project. Accordingly, a final
decision on the application for the WQC should be made on or before May 5, 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 910-251-4811, or by email at mickey.t.sugg(a�usace.army.mil .
Sincerely,
Digitally signed by Mickey
Mickey Sugg
Date 2023.01.06 13:58:13
-05'00'
Mickey Sugg, Chief
Wilmington Regulatory Field Office
E-mail Copy Furnished:
Ms. Holley Snider, NC Division of Water Resources
Mr. Todd Bowers, US Environmental Protection Agency
Mr. Jonathan Howell, NC Division of Coastal Management
Ms. Tara McPherson, NC Division of Coastal Management