20200987 Ver 1_Correspondence_20200902

Strickland, Bev
From: Homewood, Sue
Sent: Wednesday, September 2, 2020 7:44 PM
To: McLendon, C S CIV USARMY CESAW (USA)
Cc: Wojoski, Paul A
Subject: 401 Time Extension Request
Attachments: 20200987 Ver 1-More Info Requested_20200826.pdf
Chief McLendon,
On August 12, 2020, DWR received an application from the North Carolina Wildlife Resources Commission
(NCWRC) for an Individual 401 Water Quality Certification for the Lake Adger Channel Maintenance Dredging
Project (DWR # 20200987) in Polk County. DWR requests your written 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 an
additional information request sent to the NCWRC by DWR on August 26, 2020 (attached). In support of this
request we direct your attention to the following considerations:
• Magnitude of potential impacts to aquatic resources: 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 a navigation channel and using spoil
material elsewhere within the lake to convert open waters to wetlands and enhance existing wetlands.
Unique or Complex Site Conditions: The Project involves unique and complex site conditions that require
additional time to consult with NCWRC and to determine compliance with water quality
standards. Additional time is necessary for the applicant, with consultation from the regulatory and
resources agencies, to develop a detailed construction sequence and monitoring plan, a turbidity
monitoring and action plan, and a long term monitoring plan and for the Division to evaluate possible
"loss of function" from spoil placement in waters/wetlands.
• Pending information request: The Division has sent a request for additional information to the NCWRC
on August 26, 2020. The Division is unable to complete its review until a complete and adequate
response to this request is received.
By making this request, DWR does not waive its right to determine that additional information or time is
necessary to process the application. Further, DWR does not waive its right to contest the legality of the Corps'
August 7, 2019 Regulatory Guidance Letter, Corps regulations implementing section 401 of the Clean Water Act,
or any actions taken by the Corps pursuant thereto.
We respectfully request that you provide your written concurrence by September 18, 2020.
Sincerely,
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office

336 813 1863 mobile
[e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
... x. x. w.

DocuSign Envelope ID: B1 C6E6C2-2013-462E-A2C7-AB1 32C1 931 E2
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
August 26, 2020
DWR #20200987
Polk County
North Carolina Wildlife Resources Commission
Attn: Jeff Ferguson
1701 Mail Service Center
Raleigh NC 27699
Subject: REQUEST FOR ADDITIONAL INFORMATION
Lake Adger Channel Maintenance Dredging
Dear Mr. Ferguson:
On August 12, 2020, the Division of Water Resources — Water Quality Programs (Division) received your
application dated July 22, 2020, requesting a 401 from the Division for your project. The Division has
determined that your application is incomplete and cannot be processed. The application is on -hold
until all of the following information is received:
The application notes that a wetland monitoring plan will be developed with input from the
resource agencies. Please provide the wetland monitoring plan. The monitoring plan should
include a detailed proposal for monitoring activities, a clear proposal for documentation and
determination of future evaluations of wetland function, and a mitigation to compensate for
any inadvertent loss of wetland function withing wetlands to be impacted with dredge material.
[15A NCAC 02H .0506(3)]
Please provide a detailed phasing and/or construction sequencing plan proposed for this
project. For instance, will dredging activities be confined within certain portions of the lake until
completion/before progressing to the next work area? How does the construction sequencing
tie into the containment system design and turbidity monitoring proposals? [15A NCAC 02H
.0506(2)]
Please provide a more detailed and robust turbidity monitoring plan to ensure that water
quality standards will be maintained during in -water activities. [15A NCAC 02H .0506(2)]
4. The applicant mentions future routine dredging activities to be covered by this approval. The
Division recommends that prior to commencement of any future dredging or disposal activities
the areas to be used for disposal should be re-evaluated by the regulatory agencies and may
D E Q 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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DocuSign Envelope ID: B1 C6E6C2-2013-462E-A2C7-AB1 32C1 931 E2
North Carolina Wildlife Resources Commission
DWR Project #20200987
Request for Additional Information
Page 2of2
require updated jurisdictional determinations and/or NCWAM evaluations, and that updated.
[15A NCAC 02H .0506(1)]
Pursuant to Title 15A NCAC 02H .0502(c), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by submitting all of the above requested information through this
link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on
the link is referenced above).
If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.
Please be aware that you have no authorization under the Water Quality Certification Rules for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
Please contact Sue Homewood at 336-776-9693 or Sue. [e-mail] if you have any
questions or concerns.
Sincerely,
DocuSigned by:
949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Robert Cook, P.E., Anchor QEA (via email)
David Brown, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
Byron Hamstead, USFS (via email)
DWR ARO 401 files
DWR 401 & Buffer Permitting Unit
20200987LakeAdgerDredging(Polk)_401_IC_Addinfo