20220241 Ver 1_Belgrade Quarry MMM Request for Extension Response_20220929

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

September 29, 2022

Regulatory Division

Re: Request for Time Extension
Belgrade Quarry Expansion, SAW-2019-00233 (DWR #2022-0241)
Jones County

Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
450 W. Hanes Mill Road, Suite 300
Winston-Salem, North Carolina 27105

Dear Ms. Homewood:

Please reference the September 26, 2022, letter from Mr. Paul Wojoski requesting
an extension of time to review the subject project for the required individual 401 Water
Quality Certification (WQC). DWR is requesting that the review period for the 401
application to be 341 days from the issuance date of the Corps’ Public Notice for this
project (issued by the Corps on February 24, 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, complexity of the proposed
activity, 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 341 days. Accordingly, a final decision on
the application for the WQC should be made on or before January 31, 2023, or we
would have no choice but to consider the WQC waived (unless the Division denies the
certification beforehand).

-2-

If you have any questions regarding this correspondence, please do not hesitate to
contact me by phone at: 919-634-2364, or by email at:
[e-mail].

Sincerely,

James Lastinger
Chief, Washington 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]