20230797 Ver 1_RPOT Response_20230929

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
September 29, 2023
Regulatory Division
Re: Request for extension — Application from Carteret County for an Individual 401
Water Quality Certification for the Western Carteret County Boat Ramp (DWR
#20230797).
Corps Action ID. SAW- 2019-02188
(Sent via email at stephanie.goss(a-deg. nc.gov and
holley.snider(a-deg.nc.gov )
Ms. Stephanie Goss, Supervisor
Division of Water Resources-401 & Buffer Permitting Unit
North Carolina Department of Environmental Quality
512 North Salisbury Street
Raleigh, North Carolina 27699
Dear Ms. Goss:
Please reference the September 26, 2023, email from Ms. Snider of your staff
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 application be extended to December 1, 2023. Also, as enclosed in the
email, the NC DWR notified the applicant by letter on August 3, 2023, that your office
was placing the application on hold until additional information, outlined in the letter,
was received by NC DWR to continue your office's review.
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).
We have reviewed your request, including the reasons stated therein for the
extension, and have determined that the request for the Western Carteret County Boat

-2-
Ramp Project is consistent with the referenced guidance and therefore the Corps
agrees to extend the review period to December 1, 2023.
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(0)_usace.army.mil .
For questions concerning the Corps' review of the Federal application, please direct
them to Ms. Liz Hair at 910-251-4049 or by email at: sarah.e.hair(a_usace.army.mil.
Sincerely,
Mickey Sugg, Chief
Wilmington Regulatory Field Office
E-mail Copy Furnished:
Mr. Richard Rogers, NC Division of Water Resources
Mr. Michael Pjetraj, NC Division of Water Resources
Mr. Todd Allen Bowers, US Environmental Protection Agency
Ms. Heather Styron, NC Division of Coastal Management
Mr. Greg Bodnar, NC Division of Coastal Management
Mr. Richard Rogers, NC Division of Water Resources
Ms. Anne Deaton, NC Division of Marine Fisheries
Mr. Jacob Boyd, NC Division of Marine Fisheries