20210137 V2_Eagle Crest West Industrial_Wake_RPOT Ext Request20230822.docx.pdf

DocuSign Envelope ID: DC4EAF80-EB8A-4EA1-A8A5-2647B7502D18
a�t STATE
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ti
ROY COOPER
Governor
ELIZABETH S.BISER `
Secretary `� M
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
August 22, 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. An RPOT extension request was submitted to your office and approved on June 28,
2023, that extended the DWR deadline to August 27, 2023. On July 7, 2023, your office
requested additional information from the applicant and an updated PCN and impact design
was received by USACE and DWR on August 10, 2023. On August 11th &August 17th, 2023,
additional information was requested by your office to clarify missing items. On August 21,
2023, the applicant notified both offices that a redesign is forthcoming to comply with items
requested. The USACE and DWR continues to work with the applicant to resolve water quality
related concerns. DWR respectfully requests that the reasonable period of time be extended to
30 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 wetland impacts was requested, and a response was
received on August 10, 2023, that lead to additional information being requested
regarding impacts to Wetland AA on August 11 & 17, 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.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
NORTH CARCLINA
919.707.9000

DocuSign Envelope ID: DC4EAF80-EB8A-4EA1-A8A5-2647B7502D18
Request for Additional Review Time
Eagle Crest West Industrial
Corps Action ID#SAW-2020-1779
DWR# 20210137 V2
Page 2 of 2
V. Magnitude of Impact to Aquatic Resources:
The current project now proposes approximately 0.400 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.
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,
ESDocuSigned by:
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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
REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
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