RE_ _External_ RE_ DWR RPOT Ext Request - DPC Baseball Academy Site Project_ Garner_ Wake County - DWR#20230551 & SAW-2021-00301 (2)

Baker, Caroline D
From:Thomas, Zachary T
Sent:Thursday, February 15, 2024 11:34 AM
To:Bailey, David E CIV USARMY CESAW (USA)
Cc:Goss, Stephanie
Subject:RE: \[External\] RE: DWR RPOT Ext Request - DPC Baseball Academy Site Project, Garner,
Wake County - DWR#20230551 & SAW-2021-00301
Hi Dave,

On April 17, 2023, the Division of Water Resources (DWR) received an application from DPC Baseball, LLC for
an Individual 401 Water Quality Certification for the DPC Baseball Academy Site in Wake County to remediate
violations outlined under DWR NOV-2022-PC-0545 and USACE notification of unauthorized activity. On May
22, 2023, your office requested additional information for the project and addressed the incomplete PCN.
DWR sent a request for additional information on June 15, 2023. The applicant the requested a pause to the
application review. An RPOT extension request was submitted to your office and approved on August 14,
2023, that extended the DWR deadline to November 18, 2023. The applicant requested another pause to the
application review, pending USACE evaluation of the features on site. An RPOT extension request was then
submitted to your office and approved on November 13, 2023, that extended the DWR deadline to February
16, 2024. Pending USACE evaluation of the features on site, no response has been received from the applicant
to date. DWR is continuing to work with the applicant to resolve water quality related concerns.

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. As such, DWR
respectfully requests that the reasonable period of time be extended until April 17, 2024.

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.

Please let me know if you have any questions.

Thank you,

Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]

Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
1

Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third par?es.

From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, February 14, 2024 9:12 AM
To: Thomas, Zachary T <[e-mail]>
Cc: Goss, Stephanie <[e-mail]>
Subject: RE: \[External\] RE: DWR RPOT Ext Request - DPC Baseball Academy Site Project, Garner, Wake County -
DWR#20230551 & SAW-2021-00301

CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.

Hi Zach. In short, no. Since the property owner disputed jurisdic?on, we have been wai?ng on addi?onal guidance from
EPA/Corps before pursuing further. There are a few AJDs under evalua?on na?onally at the Assistant Secretary of the
Army for Civil Works office that may provide useful informa?on, but most of those decisions appear to be delayed un?l
April at least. In the mean?me we should chat about what that means for the RPOT and a?er-the-fact permi?ng. It’s
likely that we could withdrawal the exis?ng PCN for lack of applicant response, and then con?nue with enforcement
if/when we receive informa?on from EPA/Corps suppor?ng jurisdic?on. But, I’m not sure what that would do on the
State’s side of things.
-Dave Bailey

---
David E. Bailey, PWS
Chief, Raleigh Regulatory Field Office
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mobile: [phone]
Email: [e-mail]

From: Thomas, Zachary T <[e-mail]>
Sent: Monday, February 12, 2024 4:49 PM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Cc: Goss, Stephanie <[e-mail]>
Subject: \[Non-DoD Source\] RE: \[External\] RE: DWR RPOT Ext Request - DPC Baseball Academy Site Project, Garner, Wake
County - DWR#20230551 & SAW-2021-00301

Hi Dave,

I just wanted to reach out to see if there have been any updates on this applica?on since my extension date is coming up
soon.

Thank you,

Zach Thomas
Environmental Program Consultant, Division of Water Resources
2

North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]

Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628

Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third par?es.

From: Thomas, Zachary T
Sent: Friday, December 1, 2023 9:28 AM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Subject: RE: \[External\] RE: DWR RPOT Ext Request - DPC Baseball Academy Site Project, Garner, Wake County -
DWR#20230551 & SAW-2021-00301

No worries at all! Thank you and hope everything is going well!

Thank you,

Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]

Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628

Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third par?es.

From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, December 1, 2023 9:25 AM
To: Thomas, Zachary T <[e-mail]>
Subject: RE: \[External\] RE: DWR RPOT Ext Request - DPC Baseball Academy Site Project, Garner, Wake County -
DWR#20230551 & SAW-2021-00301

CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.

Hey Zach, clearly a typo on my end. Apologies! Please see the a?ached.
-Dave Bailey

3

---
David E. Bailey, PWS
Chief, Raleigh Regulatory Field Office
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mobile: [phone]
Email: [e-mail]

We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at: https://regulatory.ops.usace.army.mil/customer-service-survey/
Thank you for taking the time to visit this site and complete the survey.

From: Thomas, Zachary T <[e-mail]>
Sent: Friday, December 1, 2023 9:16 AM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Subject: \[Non-DoD Source\] RE: \[External\] RE: DWR RPOT Ext Request - DPC Baseball Academy Site Project, Garner, Wake
County - DWR#20230551 & SAW-2021-00301

Hi Dave,

I didn’t catch this earlier, but the date extension at the bo?om of your le?er says 2/16/2023 rather than 2024. Its
probably ok to leave, but just wanted to give you a heads up!

Thank you,

Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]

Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628

Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third par?es.

From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, November 17, 2023 12:29 PM
To: Manuel, Vanessa <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>
Subject: \[External\] RE: DWR RPOT Ext Request - DPC Baseball Academy Site Project, Garner, Wake County -
DWR#20230551 & SAW-2021-00301

CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
4

Ms. Manuel,

Thank you for your le?er reques?ng a second extension of the RPOT for the above referenced project. Please see the
a?ached response le?er gran?ng the addi?onal ?me as requested.

Sincerely,

Dave Bailey

---
David E. Bailey, PWS
Chief, Raleigh Regulatory Field Office
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mobile: [phone]
Email: [e-mail]

We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at: https://regulatory.ops.usace.army.mil/customer-service-survey/
Thank you for taking the time to visit this site and complete the survey.

From: Thomas, Zachary T <[e-mail]>
Sent: Tuesday, November 14, 2023 12:28 PM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Subject: \[Non-DoD Source\] DWR RPOT Ext Request - DPC Baseball Academy Site Project - DWR#20230551 & SAW-2021-
00301

Hello,

Please find the a?ached Reasonable Period of Time Extension Request for the DPC Baseball Academy Site Project -
DWR#20230551 & SAW-2021-00301.

If you have any ques?ons, please let me know.

Thank you,

Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]

Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628

5

Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third par?es.

Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.
6