20170359 Ver 2_Correspondence from USACE_20191021

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
October 21, 2019
Regulatory Division
Re: Request for Review Time Extension Grandfather Golf and Country Club — Loch
Dornie Improvement Project (DWR # 20170359 v2)
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 letter dated September 27, 2019 and the additional letter
dated October 16, 2019 from Linda Culpepper, regarding Grandfather Golf and Country
Club — Loch Dornie Improvement Project (DWR # 20170359 v2). In these letters, the
NC Division of Water Resources requested additional time to complete its review of the
proposed projects for the required individual 401 Water Quality Certifications (WQC).
The extension request for the subject project is 6 months from August 26, 2019.
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 information contained in the letters referenced above that
describe specific project related impacts. In addition to the complexity and magnitude of
the proposed work, there is significant potential for adverse impacts to surface water
quality that may also adversely affect resident populations of brown and rainbow trout,
and the rare Grandfather Mountain Crayfish. This work is proposed to be conducted
during the NC Wildlife Resources Commission's seasonal moratoria on in -water work
and therefor adds additional unique and complex project related impacts to aquatic
resources.

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We have thoroughly reviewed the information contained in your requests and have
determined that the extension for the Grandfather Mountain is consistent with the
referenced guidance and therefore the Corps agrees to extend the review period as
stated above.
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.mll
Sincerely,
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