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HomeMy WebLinkAbout20230797 Ver 1_RPOT Response_20240404DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 April 1, 2024 Regulatory Division Re: Request for extension — Application from Carteret County for an Individual 401 Water Quality Certification for the Western Carteret County Boat Ramp (DWR #20230797). Corps Action ID. SAW- 2019-02188 (Sent via email at stephanie.goss(a_deg. nc.gov and holley. snider(aD_deg. nc.gov ) Ms. Stephanie Goss, Supervisor Division of Water Resources-401 & Buffer Permitting Unit North Carolina Department of Environmental Quality 512 North Salisbury Street Raleigh, North Carolina 27699 Dear Ms. Goss: Please reference the March 20, 2024, email from Ms. Snider of your staff requesting an additional time extension to review the subject project for the required individual 401 Water Quality Certification (WQC). In response to NC DWR previous request and by letter dated November 21, 2023, our office extended the initial review period for the 401 application to April 1, 2024. However, due to the on -going need to coordinate the modeling and flushing analysis and to coordinate the mitigation plan expressed in the email and attached letter, your office requests an additional time extension to continue NC DWR's review. As you are aware, the Corps of Engineers issued Regulatory Guidance Letter (RGL) No.19-02 titled: Timeframes for Clean Water Act Section 401 Water Quality Certifications and Clarification of Waiver Responsibility. Within that guidance, 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 60-days after receipt of such a request unless the District Engineer determines that a shorter or longer period of time is reasonable for the certifying agency to act. It also states that "any additional time granted should be the minimum amount of time necessary for the certifying agency to act on a 401 WQC request and should not default to one year from receipt of such request" as defined in 33 CFR 325.2 (b)(1)(ii). -2- We have reviewed your request, including the reasons stated therein for the extension, and have determined that the request for the Western Carteret County Boat Ramp Project is consistent with the referenced guidance and therefore the Corps agrees to extend the review period to June 4, 2024. If you have any questions regarding this correspondence, please do not hesitate to contact me by phone at: 910-251-4811 or by email at: mickey.t.sugg(a)usace.army.mil . For questions concerning the Corps' review of the Federal application, please direct them to Ms. Liz Hair at 910-251-4049 or by email at: sarah.e.hair(c)-usace.army.mil. Sincerely, Mickey S u g g Date: 2l02 Digitaly signed 4 01b1 05:1 1ySugg 04 00' Mickey Sugg, Chief Wilmington Regulatory Field Office E-mail Copy Furnished: Mr. Richard Rogers, NC Division of Water Resources Mr. Michael Pjetraj, NC Division of Water Resources Mr. Todd Allen Bowers, US Environmental Protection Agency Ms. Heather Styron, NC Division of Coastal Management Mr. Greg Bodnar, NC Division of Coastal Management Mr. Richard Rogers, NC Division of Water Resources Ms. Anne Deaton, NC Division of Marine Fisheries Mr. Jacob Boyd, NC Division of Marine Fisheries