20230238 Ver 2_RPOT Response_20230613

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
STATES OF
June 13, 2023
Regulatory Division
Re: Request for extension — Application from Jenkins Elizabeth H B Trustee, c/o: Chris
Boney for an Individual 401 Water Quality Certification for the residential lot at 2101
Gillette Drive in Wilmington (DWR # 20230238)
Corps Action ID.: SAW-2011-00704
(Sent via email at holley.snider(@deg.nc.gov)
Ms. Holley Snider
Division of Water Resources
North Carolina Department of Environmental Quality
127 Cardinal Drive Ext
Wilmington, NC 28405
Dear Ms. Snider:
Please reference your June 8, 2023, e-mail 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 applications be
extended to August 1, 2023. Also, as disclosed in your email, the NC DWR received an
application for a 401 WQC on June 2, 2023, and subsequently issued a Public Notice
with a commenting period deadline of July 3, 2023.
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).
Based upon the information you submitted, it is our understanding that the initial
401 permit request had been mistakenly submitted as a Courtesy Copy rather than the

-2-
PCN process requesting a 401 Certification. The applicant's agent has correctly
resubmitted their 401 WQC request as indicated in the June 2, 2023, Project Submittal
Interim Form that was included in your email.
We have reviewed your request and concur with extending the reasonable period
of time. Accordingly, a final decision on the application for the WQC should be made on
or before August 1, 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(c)-usace.army.mil .
Sincerely,
Digitally signed by Mickey
Sugg
Mickey Sugg Date: 2023.06.1310:38:45
-04'00,
Mickey Sugg, Chief
Wilmington Regulatory Field Office
E-mail Copy Furnished:
Mr. Todd Bowers, US Environmental Protection Agency
Mr. David Syster, Southern Environmental Group, Inc.
Mr. Chris Boney, chrisboney(a)-lssp.com