20231404 Ver 1_RPOT Request_20240213 (2)

To: James Lastinger
CC: Josh Pelletier; Robert Tankard
02/13/2024
Subject: Reasonable Period of Time Extension Request - Gideon Creek Travel Lift; Pamlico County;
Corps Action ID# SAW-2023-02080; DWR# 20231404 V.1
Dear Mr. Lastinger,
On 10/17/2023, the Division of Water Resources (DWR) received an application from Three Seas Legacy,
LLC for an Individual 401 Water Quality Certification for the Gideon Creek Travel Lift in Pamlico County.
DWR will be requesting additional information from the applicant and continues to work with the
applicant to resolve water quality related concerns. Project design does not appear to be in compliance
with water quality standards and regulations pertaining to no new dredging in PNA (Primary Nursery
Area) waters. Additional state permits (DEMLR and NPDES) will likely be required for the proposed
project. Project is currently on hold with DCM for additional information not yet received.
In accordance with the Final 2023 Clean Water Act Section 401 Water Quality Certification Improvement
Rule, Section 121.6(e), (e) The Federol 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 dote that the request for certification was received. 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 from the date DWR received a complete application,
including the required application fee. Project received under the old rule of 120 days, DWR respectfully
requests that the reasonable period of time be extended until 04/15/2024, marking the end of 180 days
from receipt of project.
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 2/20/2024
Please let me know if you have any questions.
Thank you,
Glenn Allen Stewart
Environmental Specialist II
1190-1 D11'