DWQ RPOT Extension Request 20220321 - Springdale Driving Range Expansion Project 401 WQC

From:Annino, Amy M
To:Jones, M Scott (Scott) CIV USARMY CESAW (USA)
Cc:Davis, Brooke A CIV USARMY CESAW (USA)
Subject:[Non-DoD Source] Responsible Period of Time Extension Request - Springdale Driving Range Expansion Project
401 Water Quality Certification, Haywood County, Corps Action ID# SAW-2022-041382436; DWR# 20221738
Date:Tuesday, March 21, 2023 11:28:14 AM
Attachments:image001.png
Dear Chief Jones,

On December 7, 2022, the Division of Water Resources (Division) received an application from PR
Engineering for an Individual 401 Water Quality Certification for the Springdale Driving Range
Expansion Project in Haywood County. On January 5, 2023, the Division requested additional
information from the applicant. An information response was submitted to the Division by the
applicant on February 23, 2023, and March 2, 2023, however the response was insufficient. On
March 10, 2023, the Division requested additional information from the applicant and continues to
work with the applicant to resolve water quality related concerns. The Division respectfully requests
that the reasonable period of time be extended until July 6, 2023. In support of this request, we
direct your attention to the following considerations listed in RGL 19-02:

(iv) Unique or Complex Site Conditions: The proposed project is for the fill of 492 linear feet of
streams to expand the Springdale Golf Country Club driving range. The stream proposed for fill is an
unnamed tributary (UT) to the East Fork Pigeon River, which is classified by the Division as WS-III and
Trout waters. The Division believes that the proposed stream impact to install a culvert west of the
‘New Range Tee’ can be avoided or minimized and has requested that the applicant revise the plans
to avoid the impacts or provide a detailed explanation of why this plan for the activity cannot be
practically accomplished, reduced or reconfigured. Mitigation is required by the Division for losses of
equal to or greater than 300 linear feet of perennial stream and equal to or greater than 1/10 acre
of wetlands. To date, the applicant has not provided the Division with a mitigation plan that
conforms to the requirements of 15A NCAC 02H .0506(c). In addition, The Division has concerns
regarding the proposed design changes to the upper portion of the UT to East Fork Pigeon River, in
which 360 linear feet of channel realignment and restoration has been proposed. After consultation
with Brooke Davis of US Army Corps of Engineers, both Agencies believe that the proposed channel
realignment and in-stream structures do not have the necessary supporting materials to document
the need for altering and hard armoring the stream to the proposed extent. The Division has
requested that the applicant provide additional information pertaining to this proposed impact.

By making this request, the Division does not waive its right to determine that additional information
or time is necessary to process the application. Further, the Division 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 April 1, 2023.

Please let me know if you have any questions.

Sincerely,
Amy

Amy Annino (she, her, hers)
Environmental Specialist II, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone] | Cell: [phone]
[e-mail]