20221350 Ver 1_RPOT Response_20230317

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
March 17, 2023
Regulatory Division
Re: Request for extension — Application from MAD M&R, LLC for an Individual 401
Water Quality Certification for the development within the +3,000-acre Williamson Tract
in Brunswick County (DWR # 20221350).
Corps Action ID. 2022-02147
Timmons Group
c/o: Mr. Nick Tudor
5410 Trinity Road, Suite 102
Raleigh, North Carolina 27607
(Sent via email at nick. tudor(a),timmons.com )
Dear Mr. Tudor:
Please reference your March 2, 2023, e-mail, sent on behalf of MAD M&R, LLC,
requesting an extension of time for the review the subject project for the required
individual 401 Water Quality Certification (WQC). Timmons Group is requesting that the
review period for the 401 application be extended from the current 120-day reasonable
period of time of March 18, 2023 to June 1, 2023. Also in your email, it was disclosed
that North Carolina Division of Water Resources (NC DWR) requested, in a letter dated
December 22, 2022, additional information concerning the project in order to assist in
their permit review. You state that the Timmons Group is continuing to collect the
information for a response but is unable to provide an adequate reply within the March
18, 2023, timeframe.
As you may be 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).

-2-
In review of this request, our office has consulted with NC DWR to determine a
reasonable period of time for their office to review the information once it's received.
Based upon that discussion and your reasons stated herein, we have determined that
the request for the Williamson Tract development is consistent with the referenced
guidance; and therefore the Corps agrees to extend the total 401 WQC review period to
August 31, 2023. This includes your necessarily submittal of the information to NC
DWR no later than June 1, 2023 and would allow for more than the 60-day timeframe
needed by NC DWR.
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(o)_usace.army.mil .
Sincerely,
Tommy Fennel
Chief, Regulatory Division
E-mail Copy Furnished:
Mr. Todd Bowers, US Environmental Protection Agency
Ms. Sue Homewood, NC Division of Water Resources
Ms. Holley Snider, NC Division of Water Resources