20230946 Ver 1_USACE Correspondence_20230309

Baker, Caroline D
From: Scarbraugh, Anthony D CIV USARMY CESAW (USA)
<[e-mail]>
Sent: Thursday, March 9, 2023 1:47 PM
To: Merritt, Katie
Cc: Homewood, Sue; Tankard, Robert
Subject: [External] 401 WQC Requirements per 40 CFR Part 121
Attachments: SAW-2021-02667 ADMIN FILE 02_13_23.pdf
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Good afternoon,
This email is concerning the attached Pre -construction notification (PCN) received by the U.S. Army Corps of Engineers
(USACE) on February 13, 2023. The Corps Action ID Number associated with this project is: SAW-2021-02667.
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. Also,
within 14 days, 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 June 14, 2023.
Please contact me if you have any questions regarding this request.
Respectfully,
Anthony Scarbraugh
Anthony Scarbraugh
Regulatory Specialist
US Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, NC 27889
Phone: [phone]
Email: [e-mail]
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