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HomeMy WebLinkAbout20170359 Ver 2_Correspondence from USACE_20191011Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 October 11, 2019 Re: 401 Water Quality Certification Time Extensions 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: Please reference your letters dated September 23, 2019 regarding the PTAA- GSO Rental Car Facilities Relocation Project, (DWR # 20191081) and the Mountain Valley Pipeline — Southgate (MVP Southgate) (DWR# 20181638 v3), and your additional letter dated September 27, 2019 regarding Grandfather Golf and Country Club — Loch Dornie Improvement Project (DWR # 20170359 v2). In these letters you requested additional time to complete the State's review of the proposed projects for their required individual 401 Water Quality Certifications (WQC) with the requested extension timelines below: • PTAA- GSO Rental Car Facilities Relocation Project: Request for a 12 month extension. • Mountain Valley Pipeline — Southgate (MVP Southgate): Request for a 12 month extension. • Grandfather Golf and Country Club — Loch Dornie Improvement Project: Request for a 6 month extension. 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 your requests, including the reasons stated therein for the extensions, and have determined that the request for the Mountain Valley Pipeline is -2 - consistent with the referenced guidance and therefore the Corps agrees to extend the review period as stated above. However, for the PTAA-GSO Rental Car Facilities Relocation and Grandfather Golf and Country Club projects, we note that one of the reasons is due to requirements for issuing a Public Notice to solicit comments. Within the RGL, Section 3(2) Considerations Not Supporting Timeframe Extensions, subsection (i) specifically lists Public Notice Requirements as a reason not considered for time extensions. While we are aware that both projects are complex and involve substantial impacts to aquatic resources and may warrant an extended review period, Public Notices are not considered be a valid reason to request an extension of time. Accordingly, please provide additional information to clarify your reasons to request extensions of the time periods, consistent with the RGL. 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. For Copy Furnished: Mr. Todd Allen Bowers US EPA Region 4 Water Protection Division 61 Forsyth Street, SW Atlanta, Georigia 30303-8960 Sincerely, Scott McLendon Chief, Regulatory Division Wilmington District