20231361 Ver 1_RPOT Request_20240318

Homewood, Sue
From: Homewood, Sue
Sent: Monday, March 18, 2024 8:59 AM
To: Bailey, David E CIV USARMY CESAW (USA)
Cc: Harmon, Richard G CIV SAW
Subject: I-85 Gravity Sewer Transmission Main Replacement/Sewer System Improvements,
Butner, Granville County; SAW Action ID SAW-2023-00464; DWR Project Number
20231361
Dear Chief Bailey;
On September 29, 2023, the Division of Water Resources (DWR) received an application from Duke Energy for an
Individual 401 Water Quality Certification for the 1-85 Sewer System Improvements in Granville County. On November 11,
2023 DWR received the require application fee and began a review of the project. On January 8, 2023, DWR requested
additional information from the applicant in order to complete the 401-application review. As of today the applicant has
not responded to the previous request for additional information. Communications from the applicant's representative
indicate they are close to submittal. The Division will be unable to complete the 401 review until we receive additional
information requested 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 os necessary. As such, and
given that the default RPOT established in the Final 2023 Clean Water Act Section 401 Water Quality Certification
Improvement Rule is 180 days, DWR respectfully requests that the reasonable period of time be extended until May 1,
2024. This date would provide the applicant until March 31, 2024 to respond to requests by the agencies in the January 8
RAI as well as 30 days 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 March 27, 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
336 813 1863 mobile
919-707-3679 office
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, January 24, 2024 11:30 AM
To: Homewood, Sue <[e-mail]>
Cc: Harmon, Richard G CIV SAW <[e-mail]>
Subject: [External] I-85 Gravity Sewer Transmission Main Replacement/Sewer System Improvements, Butner, Granville
County; SAW Action ID SAW-2023-00464; DWR Project Number 20231361
Importance: High
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Ms. Homewood,
Please reference your 1/22/2024, email requesting an extension of time to review the subject project for the required
individual 401 Water Quality Certification (WQC). In the email, the North Carolina Division of Water Resources (DWR) is
requesting that the review period for the 401 WQC application be extended by 65 days.
As you are aware, based upon § 121.9 of the Clean Water Act Section 401 Water Quality Certification Improvement Rule,
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 the reasonable period of time (previously 120-days). Section 121.6 of the Rule states the
Corps, and the 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. Requests for extension of the RPOT shall identify how much additional time is
required and provide a justification for such extension.
We have thoroughly reviewed the information contained in your request and agree with the justification provided. We
have considered your request and believe that a reasonable deadline for consideration of the 401 application is
3/31/2024. Accordingly, a final decision on the application for the WQC should be made on or before 3/31/2024, 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 Mr. Dicky Harmon of my staff
at [phone], or via email at [e-mail].
Sincerely,
David E. Bailey
Chief, Raleigh Regulatory Field Office
Wilmington District
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: David. [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: Homewood, Sue <[e-mail]>
Sent: Monday, January 22, 2024 1:37 PM
To: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>; Harmon, Richard G CIV SAW
<[e-mail]>
Subject: [Non-DoD Source] Reasonable Period of Time Extension Request -1-85 Sewer System Improvements; Granville
County; DWR# 20231361
Dear Chief Bailey;
On September 29, 2023, the Division of Water Resources (DWR) received an application from Duke Energy for an
Individual 401 Water Quality Certification for the 1-85 Sewer System Improvements in Granville County. On November 11,
2023 DWR received the require application fee and began a review of the project. On January 8, 2023, DWR requested
additional information from the applicant in order to complete the 401-application review.. The Division will be unable to
complete the 401 review until we receive additional information requested 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, and
given that the default RPOT established in the Final 2023 Clean Water Act Section 401 Water Quality Certification
Improvement Rule is 180 days, 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 8 RAI 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 26, 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
336 813 1863 mobile
919-707-3679 office
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
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.