20231724 Ver 1_USACE Correspondence_20231228

From: Shaver, Brad E CIV USARMY CESAW (USA)
To: Meilinaer. Michael J
Cc: Baker CIV Jessi 0
Subject: [External] 401 WQC Requirements per 40 CFR Part 121
Date: Thursday, December 28, 2023 3:41:22 PM
Attachments: ePCN Submittal - 12 14 2023.Ddf
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This email is concerning the attached Pre -construction notification (PCN) received by the U.S. Army
Corps of Engineers (USACE) on 1211512023. The Corps Action ID Number associated with this project is:
SAW-2007-03406.
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 April 13, 2024.
Please contact me if you have any questions regarding this request.
Respectfully,
Brad
Brad Shaver
Project Manager
US Army Corps of Engineers
69 Darlington Ave
Wilmington, NC 28403
[phone]
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