20201025 Ver 1_USACE Correspondence_20201005

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
October 2, 2020
Regulatory Division
Re: Request for Time Extension: Sibelco-011is Waste Area Expansion (DWR # 2020-
1025) Avery 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 24, 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). By letter dated September 23, 2020 DWR
requested an updated jurisdictional determination and a copy of comments received in
response to the Corps Public Notice.
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 an appropriate reasonable period of time to review the Sibelco-011is
Waste Area Expansion would be 30-days from receipt of the Approved Jurisdictional
Determination.

-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,
by
MCLENDON.C.SC DigitallyMCLENDONC..SSCOTf.122968207
OTT.1229682071 Date: 2020.10.03 08:42:46 -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, Georgia 30303-8960