RPOT Extension Approval_SAW-2023-01054 _DWR Project #20230930

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

September 26, 2023

Regulatory Division

Action ID Number: SAW-2023-01054

Re: Request for Time Extension: Mirror Lake Sediment Removal (DWR
#20230930), Macon County

Ms. Stephanie Gross
Division of Water Resources-401 & Buffer Permitting Unit
North Carolina Department of Environmental Quality
512 N. Salisbury Street,
Archdale Building, 9th Floor
Raleigh, North Carolina 27603

Dear Ms. Gross:

Please reference the September 25, 2023, correspondence from Mr. Joey Winston
requesting an extension of time to review the subject project for the required individual
401 Water Quality Certification (WQC). Based on the correspondence the Division of
Water Resources (DWR) is requesting that the review period for the 401 application to
be 240 days from the receipt of the application for this project (February 22, 2024).

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 RGL, 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. Winston’s request and
understand that DWR has additional questions and are requesting additional studies be
performed related to this information submitted. The project involves the proposed
dredging of a portion of Mirror Lake by using a hydraulic cutterhead dredge. The spoil
material would be mechanically separated to remove larger sediments, then flocculants
would be introduced to the return water, which would then dewater through a bag to

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further remove the finer sediments. Given that the information requested is related to
concerns regarding the flocculants used with the return water, we agree that the time
frame you have proposed provides a more reasonable time to review the recently
submitted information in consideration of the 401 application. Accordingly, a final
decision on the application for the WQC should be made on or before February 22, 2024,
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,

(for)
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/Healy