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
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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
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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
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