HomeMy WebLinkAbout20191081 Ver 2_Correspondence from USACE_20200122DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
January 21, 2020
Regulatory Division
Re: 401 Water Quality Certification Time Extension — Piedmont Triad Airport Authority
(PTAA)
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 email dated January 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 PTAA- GSO Rental
Car Facilities Relocation Project, (DWR # 20191081). We are aware that the NC
Division of Water Resources (NC DWR) has made an additional request for information
to the PTAA by letter dated January 13, 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 PTAA 401 application is 60 days from receipt of a complete
and adequate response to the additional information request sent to PTAA by DWR on
January 13, 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).
IPA
We have reviewed your request, including the reasons stated therein for the
extension, and have determined that the request for the PTAA 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.Mclendonga usace.army.mil
Sincerely,
n
41S TT MCLENDON
Chief, Regulatory Division
Wilmington District
Copy Furnished:
Mr. Todd Allen Bowers
US EPA Region 4
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960