20231626 Ver 1_RPOT Extension Response_20240610

Baker, Caroline D
From: Thomas, Zachary T
Sent: Wednesday, June 12, 2024 11:22 AM
To: Lastinger, James C CIV USARMY CESAW (USA)
Cc: Thompson, Emily B CIV USARMY CESAS (USA); Goss, Stephanie
Subject: RE: [External] RE: Reasonable Period of Time Extension Request - Raleigh Road Sewer
Outfall; Wilson County; Corps Action ID# SAW-2023-01059; DWR# 20231626
Hi James,
Thank you - I will make sure to file this in our records.
Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
E�r
Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third parties.
From: Lastinger, James C CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, June 10, 2024 10:31 AM
To: Thomas, Zachary T <[e-mail]>
Cc: Thompson, Emily B CIV USARMY CESAS (USA) <[e-mail]>; Goss, Stephanie
<[e-mail]>
Subject: [External] RE: Reasonable Period of Time Extension Request - Raleigh Road Sewer Outfall; Wilson County; Corps
Action ID# SAW-2023-01059; DWR# 20231626
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
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NAME OF DWR REPRESENTATIVE,
Please reference your May 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 63 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 24,
2024. Accordingly, a final decision on the application for the WQC should be made on or before July 24, 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 Ms. Emily Thompson at
[e-mail].
James Lastinger
Chief, Washington Regulatory Field Office
2407 W. 5th Street
Washington, NC 27889
Phone: [phone]
From: Thomas, Zachary T <[e-mail]>
Sent: Wednesday, May 22, 2024 5:24 PM
To: Lastinger, James C CIV USARMY CESAW (USA) <[e-mail]>
Cc: Thompson, Emily B CIV USARMY CESAS (USA) <[e-mail]>; Goss, Stephanie
<[e-mail]>
Subject: [Non-DoD Source] Reasonable Period of Time Extension Request - Raleigh Road Sewer Outfall; Wilson County;
Corps Action ID# SAW-2023-01059; DWR# 20231626
Dear Mr. Lastinger,
On November 27, 2023, the Division of Water Resources (DWR) received an application from Southbury Development,
LLC for an Individual 401 Water Quality Certification for the Raleigh Road Sewer Outfall in Wilson County. On February
5, 2024, and March 15, 2024, the DWR requested additional information from the applicant and continues to work with
the applicant to resolve water quality related concerns. The applicant and consultants are working with their engineers
to update design maps and impact totals to provide a response to the information requested by DWR.
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. As such, DWR respectfully requests that the reasonable period of time be
extended until July 24, 2024.
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.
Please let me know if you have any questions.
Thank you,
Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality

Office: [phone]
[e-mail]
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
E�
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.