20181694 Ver 2_Corps Receipt of Individual 401 WQC/ NWP 3 / WEI Cape Fear 05 UMB

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Good afternoon Tasha,

This email serves as notification of EPA’s 401 review determination. EPA has decided not to issue a “may affect” determination for this project pursuant to CWA Section 401(a)(2). See
attached correspondence.

Please let us know if you have any questions.

Thank you,

Erin

From: Davis, Erin B CIV USARMY CESAW (USA)
Sent: Thursday, October 26, 2023 4:14 PM
To: Polizzi, Maria <[e-mail]>; Tasha King <[e-mail]>
Cc: Tugwell, Todd J CIV USARMY CESAW (USA) <[e-mail]>; Angela Allen <[e-mail]>
Subject: Corps Receipt of Individual 401 WQC/ NWP 3 / WEI Cape Fear 05 UMB - Dudley Mill Pond Mitigation Site/SAW-2018-02160 /Cumberland Co.

Good afternoon,

North Carolina Division of Water Resources (NCDWR): After review of the submitted Pre-Construction Notification (PCN)/APPLICATION for the above referenced project, dated 10/24/2023,
and the Nationwide Permit 3 Water Quality General Certification (GC) No. 4239, dated 02/25/2022, it appears that an individual 401 water quality certification (WQC) is required from
the NCDWR for the proposed activities. The PCN/APPLICATION, received by our office on 10/24/2023, constitutes the Corps initial receipt of the 401 WQC application. The reasonable period
of time (RPOT) for you to act on this WQC request is 120 calendar days from the date of the complete 401 request. Unless NCDWR is granted a time review extension, a waiver will be deemed
to occur if you do not act on this request for certification within the RPOT. The date upon which the waiver will occur if you do not act on the certification is 02/21/2024. DWR# 20181694

Applicant/Consultant: The PCN/APPLICATION was submitted for record only for the Corps non-notifying Nationwide Permit 3. Attached for reference is a copy of the Nationwide Permit 3
regional and general conditions. Please be advised proposed work shall not commence until after the 401 WQC has been issued or waived AND notification of EPA’s Section 401 (a)(2) determination
has been provided to you by the Corps.

Please let me know if you have any questions.

Sincerely,

Erin

Erin B. Davis

Mitigation Specialist, Regulatory Division

U.S. Army Corps of Engineers, Wilmington District

[phone] work cell

proposed work shall not commence until after the 401 WQC has been issued or waived AND notification of EPA’s Section
401 (a)(2) determination has been provided to you by the Corps.

Please let me know if you have any questions.

Sincerely,
Erin

Erin B. Davis
Mitigation Specialist, Regulatory Division
U.S. Army Corps of Engineers, Wilmington District
[phone] work cell

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