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HomeMy WebLinkAboutVer 1_Time Ext Request_20251121Hanko, Ryan E From: Wooten, Samantha Sent: Thursday, November 6, 2025 1:07 PM To: Goss, Stephanie; Wojoski, Paul A Subject: Fw: [External] 401 Reasonable Period of Time (RPOT) Extension - RE: Reasonable Period of Time Extension Request — Southeast Supply Enhancement Project; Rockingham, Guilford, Forsyth, and Davidson County; Corps Action ID# SAW-2024-01961; DWR #20240801 v2 Samantha Wooten (She/Her/Hers) 401 & Buffer Coordinator Division of Water Resources North Carolina Department of Environmental Quality Office: (919) 707-3631 l Cell: (919) 817-7926 samantha.wooten@deq.nc.gov From: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil> Sent: Thursday, November 6, 2025 12:52:50 PM To: Wooten, Samantha <samantha.wooten@deq.nc.gov> Cc: Henry, Joshua <josh.hen ry@wiIIiams.com>; Phillips, George L CIV USARMY CESAW (USA) <George.L.Phil lips@usace.army.mil> Subject: [External] 401 Reasonable Period of Time (RPOT) Extension - RE: Reasonable Period of Time Extension Request — Southeast Supply Enhancement Project; Rockingham, Guilford, Forsyth, and Davidson County; Corps Action ID# SAW- 2024-01961; DWR #20240801 v2 CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Dear Ms. Wooten, Please reference your 11 /6/2025, 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 10 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 (previously 120-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 12/19/2025. Accordingly, a final decision on the application for the WQC should be made on or before 12/19/2025, 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. Lyle Phillips of my staff at (919) 588-9200, or via email at george.Lphillips «usace.army.mil. Sincerely, David E. Bailey Chief, Raleigh Regulatory Field Office Wilmington District David E. Bailey, PWS Chief, Raleigh Regulatory Field Office US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Mobile: (919) 817-2436 Email: David. E.Bailey2(a usace.army.mil rrs.usace.army.mil RRSSYSTEM Streamline the permitting process with the REGULATORY Regulatory Request System (RRS) —your new REQUEST online platform for permit applications. USACE RRS Promo 90-sec (youtube.com) Thank you in advance for completing our on-line Regulatory Service Survey located at https://regulatory.ops.usace.army.mil/customer-service-survey/. We value your comments and appreciate you taking the time to complete a survey each time you have an interaction with our office. From: Wooten, Samantha <samantha.wooten@deq.nc.gov> Sent: Thursday, November 6, 2025 11:32 AM To: Phillips, George L CIV USARMY CESAW (USA) <George.L.PhiIli ps@usace.army.miI>; Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil> Cc: Henry, Joshua <josh.hen ry@wiIIiams.com> Subject: [Non-DoD Source] Reasonable Period of Time Extension Request — Southeast Supply Enhancement Project; Rockingham, Guilford, Forsyth, and Davidson County; Corps Action ID# SAW-2024-01961; DWR #20240801 v2 Dear David Bailey, On June 12, 2025, the Division of Water Resources (DWR) received an application from Joseph Dean and Transcontinental Gas Pipeline Company, LLC for an Individual401 Water Quality Certification and Buffer Authorization for the Southeast Supply Enhancement Project in Rockingham, Guilford, Forsyth, and Davidson County. On July 11, 2025, and November 5, 2025, DWR requested additional information from the applicant with supplemental information received July 31, 2025, and October 28, 2025. On September 2, 2025, and September 4, 2025, DWR held two public hearings, and continues to work with the applicant regarding water quality concerns. 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, 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 December 19, 2025. 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 November 7, 2025. Please let me know if you have any questions. Thanks, Samantha Wooten (She/Her/Hers) 401 & Buffer Coordinator Division of Water Resources North Carolina Department of Environmental Quality Office: (919) 707-3631 l Cell: (919) 817-7926 samantha.wooten@deg.nc.gov DEka;NORTH CAROLINA id� Q Department of Environmental Quality 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.