20120615 Ver 3_SAW-2011-00181-Duke Mayo Request for 401 Extension_20201215

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

December 15, 2020

Regulatory Division

Action ID: SAW-2011-00181

Re: 401 Water Quality Certification Time Extension – Mayo Steam Electric Plant

Mr. Rick Trone
Division of Water Resources-401 & Buffer Permitting Branch
North Carolina Department of Environmental Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Dear Mr. Trone:

Reference is made to the e - mail dated December 7, 2020, from you, 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 Duke Energy Mayo Steam Electric
Plant Ash Basin Landfill Project, (DWR # 20120615v3). We are aware that the NC
Division of Water Resources (NC DWR) has made an additional request for information
to Duke Energy by letter dated December 7, 2020 and received responses to your
request on December 11, 2020.

Specifically, the NC DWR requested our 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 the additional information request sent to Duke Energy by DWR
on December 7, 2020. Based on the applicant’s quick response, you advised via
telephone yesterday that 45-days is more appropriate at this time.

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).

-2-

We have reviewed your request, including the reasons stated therein for the
extension, and have determined that the request for the Ash Basin Landfill is consistent
with the referenced guidance and therefore the Corps agrees to extend the review
period 45-days as stated above.

If you have any questions regarding this correspondence please do not he sitate to
contact me by phone at: 910-251-4952 or by email at:
[e-mail]

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, Georgia 30303-8960