20231404 Ver 1_RPOT Request_20240412

To: James Lastinger
CC: Josh Pelletier; Robert Tankard, David May
04/12/2024
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.
On March 5, 2024 DWR requested 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.
Project is currenty on hold with DWR by applicant/consultant request until they can gather more
information requested.
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 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. DWR respectfully requests that the reasonable
period of time be extended until 07/15/2024, marking the end of 272 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 by4/20/2024
Please let me know if you have any questions.
Thank you, � ����
6?' 4'
Glenn Allen Stewart
Environmental Specialist II
NCDEQ DWR