20170359 Ver 2_Correspondence to USACE_20191016

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Scott McLendon, Chief
Regulatory Division, Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington NC 28403-1343
NORTH CAROLINA
Environmental Quality
October 16, 2019
Corps Action ID# SAW-2019-01616
DWR # 20170359 v2
Avery County
Subject: N.C. Division of Water Resources' Request for Additional Time
Grandfather Golf and Country Club — Loch Dornie Improvements Project
Dear Chief McLendon,
On August 26, 2019, the Division of Water Resources (DWR) received an application from Grandfather
Golf and Country Club (GGCC) for an Individual 401 Water Quality Certification for the Loch Dornie
Improvements Project (Project). On September 27, 2019, DWR wrote to you requesting additional time
to complete its review of the application for the Project. On October 11, 2019, DWR received your
response requesting additional information to clarify DWR's reasons for requesting an extension of time.
DWR provides the following additional information in support of its request for your written written
concurrence that a reasonable period of time for DWR to act on the Project application is six months:
Tvpe and Complexity of Proposed Activity. The Project is complex and involves significant "in -
water" work that requires additional time to determine compliance with water quality
standards. The Project consists of: dredging of accumulated sediments from the Linville River
and Loch Dornie; improvements to unstable riverbanks and lake shoreline areas; removing
and/or modifying six islands within the lake; replacing pedestrian bridges that have become
unsafe and hazardous; and protecting sanitary sewer assets.
• Unique or Complex Site Conditions. The Project involves unique and complex site conditions
that require additional time to consult with N.C. Wildlife Resources Commission (NCWRC) and to
determine compliance with water quality standards. The Project involves in -water work in
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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Corps Action ID# SAW-2019-01616
DWR # 20170359 v2
Page 2 of 2
surface waters designated as Trout Water (Tr) by the N.C. Environmental Management
Commission. Downstream aquatic species for the Project include wild Brown and Rainbow
Trout and rare and endemic Grandfather Mountain Crayfish. Furthermore, because the
applicant has requested to conduct in -water work activities during the NCWRC's seasonal
moratorium, it is critical that DWR have adequate time to consult with NCWRC to ensure
compliance with water quality standards and protection of sensitive aquatic resources.
Magnitude of potential impacts to aquatic resources. The magnitude of potential impacts to
aquatic resources requires additional time to review to determine compliance with water
quality standards. The Project will impact 350 linear feet of stream; 5.92 acres of open water
from dredging activities, 2.19 acres of open water from various fill activities, and 4.60 acres of
open water for dewatering activities. All of those impacts will occur in waters designated at
Trout Waters by the N.C. Environmental Management Commission.
DWR believes that the additional information provided above justifies a determination by the Corps that
six months is a reasonable period of time for the DWR to act upon the application. Please confirm, in
writing, that a reasonable period of time for DWR to act on the Project application is six months.
By making this request, DWR does not waive its right to determine upon further review of the Project
application that additional information and/or additional time is necessary to process the application.
DWR further does not waive its right to object to or contest the legality of any of the provisions set forth
in the RGL or any actions taken by the Corps pursuant to the RGL, whether related to the GGCC Loch
Dornie Improvements Project or any other projects over which the State has jurisdiction pursuant to
Section 401 of the Clean Water Act.
Thank you for your consideration of this time -sensitive matter. Please contact Sue Homewood at 336-
776-9693 or [e-mail] with any questions.
Sincerely,
Linda Culpepper, Director
Division of Water Resources
cc: Amanda Jones Fuemmeler, USACE Asheville Regulatory Field Office (via email)
Todd Bowers, EPA (via email)
DWR ARO 401 files
DWR 401 & Buffer Permitting Unit