20201964 V4_Apollo_Wake_RPOT Ext Request

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

July 5, 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
Apollo – 401 Certification
USACE Action ID Number SAW-2019-02355/ DWR# 20201964 V4
Wake County

Dear Ms. Gibby,

On January 12, 2023, the Division of Water Resources (“DWR”) received a request for a 401
Water Quality Certification for the referenced project. On February 9, 2023, your office
requested additional information for the project and addressed the incomplete PCN. A
response was received from the applicant on March 9, 2023. Additional information was
requested on April 11, 2023, and your office confirmed the RPOT for DWR to be July 7, 2023. A
meeting was held April 19, 2023, with the applicant, USACE, and DWR to discuss outstanding
items and additional information was subsequently provided by the applicant April 24, 2023.
Your office requested additional information on May 25, 2023 , and a response was received on
June 19, 2023. DWR is continuing 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 was 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 impacts was requested, and a
response was received on June 19, 2023. 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.

DocuSign Envelope ID: 1D81FF0D-1E27-4885-A4CE-B74186C0102E

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
Apollo
Corps Action ID# SAW-2019-02355
DWR # 20201964 V4
Page 2 of 2

v. Magnitude of Impact to Aquatic Resources:

The current project proposes approximately 0.400 acres of permanent wetland impacts.
DWR currently does not have enough information to make an accurate determination of
the proposed impacts, until additional information is received.

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 process
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 projects 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: 1D81FF0D-1E27-4885-A4CE-B74186C0102E