20221671 Ver 1_RPOT Request_20230308

Moore, Andrew W
From: Moore, Andrew W
Sent: Wednesday, March 8, 2023 3:42 PM
To: Jones, Scott SAW
Cc: Fuemmeler, Amanda J CIV (US); Merritt, Katie
Subject: Reasonable Period of Time Extension Request - Woodfin Riverside Park; Buncombe County; Corps
Action ID# SAW-2021-02163; DWR Project #20221671
Mr. Jones,
On December 1, 2022, the Division of Water Resources (DWR) received an application from the Town of Woodfin for an
Individual 401 Water Quality Certification for the Woodfin Riverside Park project. On January 5, 2023, DWR requested
additional information from the applicant. DWR was copied on a request for additional information sent by the USACE to
the applicant on February 6, 2023. Responses to DWR's and the USACE's requests were received on March 3, 2023, and
March 6, 2023. DWR respectfully requests that the reasonable period of time be extended until June 6, 2023. In support
of this request, we direct your attention to the following considerations with regards to considerations listed in RGL 19-
02:
Non -Typical Activity: The project involves the construction of an artificial wave and bypass channel that spans
the entire width of the French Broad River. The construction of artificial wave features within larger river
systems in western North Carolina is relatively rare and has the potential to affect sediment transport, river
morphology, and aquatic organism passage. Additional time to review the project is necessary to ensure the
project comports with DWR's anti -degradation policy; existing uses withing the French Broad River, including
maintenance of biological integrity, are maintained; and the project does not result in secondary impacts
downstream.
• Unique or Complex Site Conditions: The artificial wave and bypass channel span the entire width of the French
Broad River. The proposed construction sequence involves multiple phases with three distinct cofferdams within
the river and attendant erosion control measures. Given the potential for significant variability in flow in the
French Broad River over the course of construction and the extensive use of concrete, which can have
detrimental impacts on water quality, DWR must ensure the project will be constructed in such a manner as to
preclude violations of North Carolina surface water standards.
By making this request, DWR does not waive its right to determine that additional information or time is necessary to
process the application. Further, DWR does not waive its right to contest the legality of the Corps' August 7, 2019
Regulatory Guidance Letter, Corps regulations implementing section 401 of the Clean Water Act, or any actions taken by
the Corps pursuant thereto.
We respectfully request that you provide your written concurrence by March 22, 2023.
Please let me know if you have any questions.
Andrew W Moore, P.G.
Environmental Specialist 11, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]

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NORTH CAROLINA _
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