RPOT Extension Approval - SAW-2022-02436 & DWR Project #20221738 SIGNED 20230322

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
ASHEVILLE REGULATORY FIELD OFFICE
151 PATTON AVENUE, ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006

March 22, 2023

Regulatory Division

Action ID Number: SAW-2021-02436

Re: Request for Time Extension: Springdale Driving Range Expansion Project
(DWR #20221738)
Haywood 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 21, 2023, correspondence from Ms. Amy Annino
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 211 days from the receipt
of the application for this project (December 7, 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 Ms. Annino’s request and understand that the applicant’s latest
response to DWR was insufficient and a second request for additional information was
issued to the applicant on March 10, 2023. The project involves the fill of 492 linear feet
of an unnamed tributary flowing into the East Fork Pigeon River to expand the
Springdale Golf Country Club’s driving range. The reach in question exhibits unique site
conditions and is classified as both WS-III and Trout waters. Given the project’s
potential to affect sediment transport, flow rates, stream geomorphology, and aquatic
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organism passage throughout the stream reach, we agree that the time frame you have
proposed provides a more reasonable opportunity to receive and review the requested
information in consideration of the 401 application. Accordingly, a final decision on the
application for the WQC should be made on or before July 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:
[e-mail].

Sincerely,

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