20210137 V2_Eagle Crest West Industrial_Wake_RPOT Ext Request.docx

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

June 28, 2023

Jean Gibby, Chief
Raleigh Regulatory Field Office, Wilmington District
US Army Corps of Engineers

Delivered via email to: [e-mail]

Subject: REQUEST FOR ADDITIONAL REVIEW TIME
Eagle Crest West Industrial – 401 Certification
USACE Action ID Number SAW-2020-01779/ DWR# 20210137 V2
Wake County

Dear Ms. Gibby,

On February 28, 2023, the Division of Water Resources (“DWR”) received a request for a 401
Water Quality Certification for the referenced project. On March 30, 2023, your office
requested additional information from the applicant that was received on June 15, 2023. On
May 5, 2023, DWR requested additional information from the applicant that was received June
15, 2023, and continues to work with the applicant to resolve water quality related concerns.
DWR respectfully requests that the reasonable period of time be extended to 60 days from the
date the additional information is received by USACE/DWR. In support of this request, we direct
your attention to the following considerations:

iv. Unique or Complex Site Conditions:

Additional information regarding stream and wetland imp acts was requested, and a
response was received on June 15, 2023, after multiple applicant requested extensions.
Due to the complexity of impacts to surface waters and the potential negative impacts
on water quality, DWR is working with the applicant to ensure this will not occur.

v. Magnitude of Impact to Aquatic Resources:

The current project proposes 0.900 acres of wetland impacts. DWR currently does not
have enough information to make an accurate determination of the proposed impacts,
until additional information is received.

DocuSign Envelope ID: 94260D3C-3A22-4AD3-AB5F-9D2DE0021FB8

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

Request for Additional Review Time
Eagle Crest West Industrial
Corps Action ID# SAW-2020-1779
DWR # 20210137 V2
Page 2 of 2

By making this request, DWR does not waive its right to determine upon further review of the
certification request that additional information and/or additional time is necessary to proce ss
the application. DWR further does not waive its right to object to or contest the legality of any
of the provisions set forth in Federal Rule and any actions taken by the Corps pursuant to it,
whether related to this certification request or any other p rojects over which the State has
jurisdiction pursuant to Section 401 of the Clean Water Act.

Thank you for your consideration of this time-sensitive matter. Please contact Zach Thomas at
919-791-4255 or ([e-mail]) with any questions.

Sincerely,

Stephanie Goss, Supervisor
401 and Buffer Permitting Branch
Division of Water Resources

Electronic cc David Bailey, USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
DocuSign Envelope ID: 94260D3C-3A22-4AD3-AB5F-9D2DE0021FB8