20001195 Ver 17_USACE Correspondence_20200406

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
April 6, 2020
Regulatory Division
Re: 401 Water Quality Certification Time Extension — City of Charlotte — Aviation
Department (City of Charlotte)
Mr. Jeffrey Poupart
Division of Water Resources -Water Quality Permitting Section
North Carolina Department of Environmental Quality
217 West Jones Street
Raleigh, North Carolina 27603
Dear Mr. Poupart:
Reference is made to the e - mail dated March 16, 2020 from Ms. Sue Homewood,
requesting an extension of time to allow the State to complete its review of an
application for an individual 401 Water Quality Certification for the City of Charlotte,
(DWR # 20001195 07). We are aware that the NC Division of Water Resources (NC
DWR) has made an additional request for information to the City of Charlotte by letter
dated March 6, 2020 and is awaiting a response to that request.
Specifically, the NC DWR is requesting our concurrence that a reasonable period of
time for consideration of the 401 application is 60 days from receipt of a complete and
adequate response to the additional information request sent to the City of Charlotte by
DWR on March 6, 2020.
As you are aware, the Corps of Engineers recently issued Regulatory Guidance
Letter (RGL) No.19-02 titled: Timeframes for Clean Water Act Section 401 Water
Quality Certifications and Clarification of Waiver Responsibility. Within that guidance, 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 60-days after receipt of such a
request unless the District Engineer determines that a shorter or longer period of time is
reasonable for the certifying agency to act. It also states that "any additional time
granted should be the minimum amount of time necessary for the certifying agency to
act on a 401 WQC request and should not default to one year from receipt of such
request" as defined in 33 CFR 325.2 (b)(1)(ii).
We have reviewed the request, including the reasons stated therein for the
extension, and have determined that the request for the extension for the City of
Charlotte is consistent with the referenced guidance and therefore the Corps agrees to
extend the review period as stated above.

-2-
If you have any questions regarding this correspondence please do not hesitate to
contact me by phone at: 910-251-4952 or by email at:
Scott. C.Mclendon(a)-usace.army.mil
Sincerely,
.C.SC Digitally signed by
MCLENDONMCLENDONCSCOTf.122968207
OTT.1229682071 Date: 2020.04.06 13:09:47 -04'00'
Scott McLendon
Chief, Regulatory Division
Wilmington District
Copy Furnished:
Mr. Todd Allen Bowers
US EPA Region 4
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georigia 30303-8960