20221671 Ver 1_RPOT Response_20230310

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
ASHEVILLE REGULATORY FIELD OFFICE
151 PATTON AVENUE, ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
March 10, 2023
Regulatory Division
Action ID Number: SAW-2021-02163
Re: Request for Time Extension: Woodfin Riverside Park (DWR #20221671)
Madison County
Ms. Katie Merritt
Division of Water Resources-401 & Buffer Permitting Unit
North Carolina Department of Environmental Quality
217 West Jones Street
Raleigh, North Carolina 27603
Dear Ms. Merritt:
Please reference the March 8, 2023, correspondence from Mr. Andrew Moore
requesting an extension of time to review the subject project for the required individual
401 Water Quality Certification (WQC). Based on the correspondence DWR is
requesting that the review period for the 401 application to be 188 days from the receipt
of the application for this project (December 1, 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 evaluated the information contained in Mr. Moore's request and understand
that the applicant's latest responses to Corps and DWR additional information requests
were received last week. The project involves the phased construction of an artificial
wave feature within the French Broad River (a designated Section 10 water) which will
ultimately span the entire width of the waterway. Given the potential to affect sediment
transport, river morphology, and aquatic organism passage as well as possible extreme
flow regimes during construction, we agree that the time frame you have proposed
provides a more reasonable time to review the recently submitted information in

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consideration of the 401 application. Accordingly, a final decision on the application for
the WQC should be made on or before June 6, 2023, or we would have no choice but to
consider the WQC waived (unless the Division denies the certification beforehand).
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:
scott.jones usace.army. mi1.
Sincerely,
/C� c5ot �
Scott Jones, PWS
Chief, Asheville Regulatory Field Office
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
Blind copy furnished:
CESAW-RG-A/Fuemmeler