2021-00301 Corps RPOT Additional Time Acceptance 2

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

November 17, 2023

Regulatory Division

Re: Request for Time Extension
DPC Baseball Academy property – SAW-2021-00301 (DWR # 20230551)
Wake County

Ms. Vanessa Manuel
Division of Water Resources
North Carolina Department of Environmental Quality
3800 Barrett Drive
Raleigh, North Carolina 27609

Dear Ms. Manuel:

Please reference your November 13, 2023, letter requesting an extension of time
to review the subject project for the required individual 401 Water Quality Certification
(WQC). In the letter, the North Carolina Division of Water Resources (DWR) is
requesting that the review period for the 401 WQC application be extended.

As you are aware, based upon the Programmatic Agreement between the Corps of
Engineers, Wilmington District, and the North Carolina Department of Environmental
Quality, Division of Water Resources (DWR), dated September 16, 2022, 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 120-days after receipt of such a
request unless the District Engineer determines that a longer period of time is
reasonable for the certifying agency to act. In addition, the Programmatic Agreement
states that “when DWR requires additional time to act upon a 401 Certification request,
DWR may request from the Corps an extension of the Reasonable Period of Time
(RPOT). Requests for extension of the RPOT shall provide specific reasons as to why
the extension is warranted and address the criteria set forth in Regulatory Guidance
Letter (RGL) 19-02. DWR may also include in their request to the Corps State law
requirements or other factors that support the need for additional time. Any RPOT
extension requests from DWR should be the minimum time needed to review additional
information and make a 401 Certification decision, which shall not exceed one year.

We have thoroughly reviewed the information contained in your request and
understand that the proposed project/conditions is/are complex, impacts to wetlands are
nearing available permitting thresholds, and that additional information requested by the
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Corps and DWR to enable full evaluation of the project proposal is still pending. We
have considered your request and believe that a reasonable deadline for consideration
of the 401 application is February 16, 2023. Accordingly, a final decision on the
application for the WQC should be made on or before February 16, 2023, or we would
have no choice but to consider the WQC waived (unless the Division denies the
certification beforehand).

If you have any questions regarding this correspondence, please do not hesitate to
contact me at [phone], or via email at [e-mail].

Sincerely,

David E. Bailey
Chief, Raleigh Regulatory Field Office
Wilmington District

E-Copy Furnished without attachments:

Todd Bowers, U.S. Environmental Protection Agency, [e-mail]

Zachary Thomas, North Carolina Division of Water Resources,
[e-mail]