20231101 Ver 1_RPOT Request_20240103

Baker, Caroline D
From: Homewood, Sue
Sent: Wednesday, January 3, 2024 4:44 PM
To: Brooke Davis ([e-mail]); Scott Jones
Cc: Winston, Joey
Subject: Reasonable Period of Time Extension Request -Duke Cliffside Unit 5 Dam
Decommissioning; Cleveland County; Corps Action ID# SAW-2015-01426; DWR#
20231101
Dear Chief Jones;
On August 10, 2023, the Division of Water Resources (DWR) received an application from Duke Energy for an Individual
401 Water Quality Certification for the Cliffside Unit 5 Dam Decommissioning in Cleaveland County. On September 21,
2023, the USACE placed the project out on Public Notice and established the Reasonable Period of Time as 120 days from
the Notice. On October 24, 2023, the USACE requested additional information from the applicant and DWR subsequently
requested a copy of the applicant responses in order to complete the 401-application review. The applicant requested
additional time to provide the information requested and submitted their response on December 15, 2023. The USACE,
DWR and NCWRC have discussed the response and require additional information and clarification from Duke Energy in
order to continue our review, a meeting has been proposed for January 10, 2024. The Division will be unable to complete
the 401 review until we receive additional information requested during the proposed meeting and are provided sufficient
time to review the information.
In accordance with the Final 2023 Clean Water Act Section 401 Water Quality Certification Improvement Rule, Section
121.6(e), (e) The Federal agency and certifying authority may agree in writing to extend the reasonable period of time for
any reason, provided that the extension shall not cause the reasonable period of time to exceed one year from the date
that the request for certification was received the agencies may agree to extend the RPOT as necessary. As such, DWR
respectfully requests that the reasonable period of time be extended until March 31, 2024. This date would provide the
applicant with 30 days to respond to requests by the agencies in the January 10 meeting as well as a reasonable period of
time for DWR to review the response and complete our review.
By making this request, DWR does not waive its right to determine that additional information or time is necessary to
process the application in accordance with Corps regulations implementing section 401 of the Clean Water Act, or any
actions taken by the Corps pursuant thereto.
We respectfully request that you provide your written concurrence by January 15, 2024
Please let me know if you have any questions.
Thanks,
Sue Homewood (she/her/hers)
401 & Buffer Permitting Branch
Division of Water Resources
[e-mail] please note my new email address
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919-707-3679 office

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