20211843 Ver 1_USACE Request for Extension Reponse_20220711

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
July 11, 2022
Regulatory Division
Re: Request for Time Extension
Little Leaf Farms - SAW-2021-01244 (DWR # 2021-1843)
Yancey 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 July 6, 2022, email from Ms. Sue Homewood requesting an
extension of time to review the subject project for the required individual 401 Water
Quality Certification (WQC). In a letter attached to the email, DWR is requesting that the
review period for the 401 application to be 261 days from the issuance date of the
Corps' Public Notice for this project (issued by the Corps on January 12, 2022).
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
understand that the proposed project does contain elements that are unique including
the magnitude of potential impacts to aquatic resources and stormwater designs that
are proposed for the project's steep terrain. We have considered the time frame you
have proposed and believe that a more reasonable time for consideration of the 401
application is 261 days. Accordingly, a final decision on the application for the WQC
should be made on or before September 30, 2022, or we would have no choice but to
consider the WQC waived (unless the Division denies the certification beforehand).

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If you have any questions regarding this correspondence, please do not hesitate to
contact me by phone at: 828-271-7980, ext. 4222, or by email at:
[e-mail].
Sincerely,
Scott Jones, PWS
Chief, Asheville Regulatory Field Office
Wilmington District
cc (via e-mail):
Mr. Todd Allen Bowers
US EPA Region 4
61 Forsyth Street, SW
Mail Code: 9T25
Atlanta, Georgia 30303-8960
[e-mail]