20230797 Ver 1_RPOT Response_20231121

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
November 21, 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(o)- deg. nc. go v and [e-mail]..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 November 17, 2023, email from Ms. Snider of your staff
requesting a second time extension to review the subject project for the required
individual 401 Water Quality Certification (WQC). In response to NC DWR's previous
request and by letter dated September 29, 2023, our office extended the initial review
period for the 401 application to December 1, 2023. However, due to "outstanding
resource concerns" and the need for modeling expressed in the email, your office
requests an additional time extension to continue NC DWR'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).

-2-
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
Ramp Project is consistent with the referenced guidance and therefore the Corps
agrees to extend the review period to April 1, 2024.
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 S u g g Date:2l002.11.21igned 0 41ckey Sugg
855 05 00'
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