20231404 Ver 1_RPOT Response_20240416

Baker, Caroline D
From:
Lastinger, James C CIV USARMY CESAW (USA) <[e-mail]>
Sent:
Monday, April 15, 2024 12:39 PM
To:
Stewart, Glenn A
Cc:
Pelletier, Josh R CIV USARMY CESAW (USA); Tankard, Robert; May, David
Subject:
[External] RE: DWR 20231404 V.1 RPOT Extension, Corps Action ID# SAW-2023-02080
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Mr. Stewart,
Please reference your April 12, 2024, letter requesting an extension of time to review the subject project for the
required individual 401 Water Quality Certification (WQC). In the letter, the North Carolina Division of Water Resources
(DWR) is requesting that the review period for the 401 WQC application be extended by 90 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 (180-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 July 15, 2024. Accordingly, a final decision on the application for the WQC should be made on or before
July 15, 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. Josh Pelletier of my staff
at 910-251-4605 via email at josh. [e-mail]1.
James Lastinger
Chief, Washington Regulatory Field Office
2407 W. 5th Street
Washington, NC 27889
Phone: [phone]
From: Stewart, Glenn A <[e-mail]>
Sent: Friday, April 12, 2024 5:41 PM
To: Lastinger, James C CIV USARMY CESAW (USA) <[e-mail]>
Cc: Pelletier, Josh R CIV USARMY CESAW (USA) <[e-mail]>; Tankard, Robert
<[e-mail]>; May, David <[e-mail]>
Subject: [Non-DoD Source] DWR 20231404 V.1 RPOT Extension, Corps Action ID# SAW-2023-02080
Hello James,

I hope you are doing well. I need to ask for an extension of the RPOT for this project. Please seethe attachment for
details.
Thank you,
Allen
Glenn Allen Stewart
Environmental Specialist II - 401 Wetlands and Buffer Programs
Department of Environmental Quality — Division of Water Resources
glenn.stewart c-deg.nc.gov
office 252-948-3800
cell phone [phone]
943 Washington Square Mall
Washington, NC 27889
.gJ!ITI" C'ARCLINA
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