20171559 Ver 3_Final_RPOT Exntension Request Response_20211104

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
November 4, 2021
Regulatory Division
Action ID No. SAW-2015-01268
Re: Request for extension — Application from Greensboro Randolph Megasite
Foundation for an Individual 401 Water Quality Certification for the Greensboro
Randolph Megasite (DWR # 20171559 Ver 3).
Mr. Paul Wojoski
Division of Water Resources-401 and Buffer Permitting Branch
North Carolina Department of Environmental Quality
217 West Jones Street
Raleigh, North Carolina 27603
Dear Mr. Wojoski,
This letter is in response to the Request for Additional Review Time received by this
office on 05 October, 2021. Thank you for the supporting information provided in that
request and the clarification on the status of your review of the proposed Greensboro -
Randolph Mega -Site proposal (SAW-2015-01268, DWR# 20171559 v3). We are in
receipt of the request for additional review time and are in the process of coordinating
the request with the USACE South Atlantic Division for approval of the request. In
accordance with the "Clean Water Act Section 401 Certification Rule" ("Federal Rule")
at 40 C.F.R. Section 121, specifically section 121.6 below, we are acknowledging the
date of receipt of the request, the proposed reasonable period of time for action on the
certification request, and the date upon which a waiver would occur.
§ 121.6 Establishing the reasonable period of time.
(b) Within 15 days of receiving notice of the certification request from the project
proponent, the Federal agency shall provide, in writing, the following information to the
certifying authority:
(1) The date of receipt;
(2) The applicable reasonable period of time to act on the certification request; and

-2-
(3) The date upon which waiver will occur if the certifying authority fails or refuses to act
on the certification request.
This office received the request for extension on 05 October, 2021. After reviewing the
supporting information that was provided in the request, and considering the complexity
of the project, the potential need for additional evaluation of water quality effects, and
the amount of information previously received from the Applicant, the Wilmington
District is extending the review time to 180 days from 07 November, 2021. This would
provide an additional 180 days from the default reasonable period for Certifying Agency
(DWR) action. Per the 2020 Rule, if a certifying authority fails or refuses to act in
accordance with the procedural requirements of Section 401 or within the reasonable
period of time, or fails or refuses to provide the information required to support
certifications (section 121.7(c)) or denials (section 121.7(e)), the certification may be
waived. It is understood from your request that DWR does not waive its right to act upon
the certification request, nor is refusing to act on said request. Therefore, in accordance
with the guidance, the waiver date would occur on 06 May, 2022.
As detailed in the request, the necessary information required for DWR to make a
decision in the matter has not been provided. Due to the importance of the project to
secure an automotive manufacturer in NC and the fact that the Applicant has recently
provided updated site plans that differ from those originally proposed in 2018 to the
USACE and DWR, the District concurs with the request to extend the RPOT. The
original default RPOT was 120 days. While we do not concur with the request to extend
for one year, we recommend that the RPOT be extended by an additional 180 days
from 07 November, 2021 to allow time for receipt of the information and adequate
review.
Please contact Mr. Tyler Crumbley at [phone] or
[e-mail] with any questions on this response.

-3-
Thank you very much for the continued coordination on this project.
Sincerely,
CRUMBLEY.TYLE
R.AUTRY.100750
9975
Digitally signed by
CRU M BLEY.TYLER.AUTRY.100
7509975
Date: 2021.11.04 14:39:30
-04'00'
Tyler Crumbley,
Acting Chief, Regulatory Division
Wilmington District
Copy Furnished:
Mr. Todd Allen Bowers (via e-mail)
US EPA Region 4
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960