20200987 Ver 1_USACE Correspondence_20200917

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
September 17, 2020
Regulatory Division
Re: Request for Time Extension: North Carolina Wildlife Resources Commission
(NCWRC) request for an Individual 401 Water Quality Certification for the Lake Adger
Channel Maintenance Dredging Project (DWR # 20200987) in Polk County
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 the September 2, 2020 e-mail from Ms. Sue Homewood
requesting an extension of time to review the subject project for the required individual
401 Water Quality Certification (WQC). DWR considers a reasonable period of time for
consideration of the 401 application to be 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.
As you are aware, the Corps of Engineers 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 thoroughly reviewed the information contained in your request and have
determined that the requested extension for the Lake Adger Channel Dredging project
is consistent with the above referenced guidance and therefore the Corps agrees to
extend the review period for 60-days from the date you receive a complete and
adequate response to the additional information request sent to the NCWRC by DWR
on August 26, 2020.

-2-
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.mil
Sincerely,
MCLENDON.0 Digitally signed by
MCLENDON.C.SCOTT.12
.SCOTT.12296 29682071
Date: 2020.09.17
82071 14:18:05-04'00'
Scott McLendon
Chief, Regulatory Division
Wilmington District
Copy Furnished:
Mr. Todd Allen Bowers (via e-mail)
US EPA Region 4
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georigia 30303-8960