_External_ 401 WQC Requirements per 40 CFR Part 121

Baker, Caroline D
From: Jolly, Karanda M CIV USARMY CESAW (USA) < [e-mail] >
Sent: Wednesday, June 28, 2023 3:34 PM
To: Pitner, Andrew
Subject: [External] 401 WQC Requirements per 40 CFR Part 121
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Mr. Pitner,
This email is concerning the attached Pre -construction notification (PCN) received by the U.S. Army Corps of Engineers
(USACE) on May 30, 2023. The Corps Action ID Number associated with this project is SAW-2021-01424 (Fairhaven
Glen), located in Mecklenburg County, North Carolina. Please note, the Corps will review the proposed project under
Nationwide Permits 18 and 29.
Please provide a written response within 14 days from the date of this email regarding the North Carolina Division of
Water Resources (DWR) receipt date for this project; otherwise, we will consider our receipt date as accurate. Within
your response, please notify me if the certification request does not contain the nine (9) components listed in Section
121.5(b) of the 2020 Clean Water Act Section 401 Certification Rule.
As specified in the September 16, 2022, Programmatic Agreement (PA) between the USACE, Wilmington District, and the
North Carolina Department of Environmental Quality, Division of Water Resources, the Reasonable Period of Time
(RPOT) for DWR to act on a Section 401 certification request is 120 days unless the RPOT is extended per the terms of
this PA. As such, unless we receive an email request for an extension of the RPOT, the USACE will consider the Section
401 certification for this project to be waived on September 27, 2023.
Please contact me if you have any questions regarding this request.
Meagan Jolly
Regulatory Specialist
U.S. Army Corps of Engineers
Charlotte Regulatory Field Office
Mobile: [phone]
[e-mail]