20231297 Ver 1_USACE Correspondence_20231016

Baker, Caroline D
From: Greer, Emily C CIV USARMY CESAW (USA) < [e-mail] >
Sent: Monday, October 16, 2023 5:29 PM
To: Pitner, Andrew
Subject: [External] RE: 401 WQC Requirements per40 CFR Part 121: SAW-2021-01015 The
Exchange Apartments NWP RPOT
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Correction: 14 January 2024
From: Greer, Emily C CIV USARMY CESAW (USA)
Sent: Monday, October 16, 2023 5:01 PM
To: Pitner, Andrew <[e-mail]>
Subject: 401 WQC Requirements per 40 CFR Part 121: SAW-2021-01015 The Exchange Apartments NWP RPOT
This email is concerning the above referenced project received by the U.S. Army Corps of Engineers (USACE) on 15 September 2023.
The Corps Action ID Number associated with this project is: SAW-2021-01015.
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 14 February 2024.
Please email me if you have any questions regarding this request.
Emily Greer
Project Manager
USACE-Wilmington District
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
Email correspondence preferred.