20231101 Ver 1_RPOT Response_20240105

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
ASHEVILLE REGULATORY FIELD OFFICE
151 PATTON AVENUE, ROOM 208
ASHEVILLE, NORTH CAROLINA28801-5006
January 5, 2024
Regulatory Division
Action ID Number: SAW-2015-01426
Re: Request for Time Extension: Duke Energy — Cliffside Stream Station Unit
5 Inactive Ash Basin Dam Decommissioning Project (DWR #20231101),
Rutherford County
Ms. Stephanie Gross
Division of Water Resources-401 & Buffer Permitting Unit
North Carolina Department of Environmental Quality
512 N. Salisbury Street,
Archdale Building, 9t" Floor
Raleigh, North Carolina 27603
Dear Ms. Gross:
Please reference the January 3, 2024, correspondence from Ms. Sue Homewood
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 237 days from the receipt of the application for this project (March 31, 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 within Ms. Homewood's request and understand
that due to the Corps' need for additional information in order to publish the Public
Notice, and the applicant's request for additional time to respond to public and agency
comments, this project has been delayed by Duke Energy (the applicant) for
approximately 60 days. We also understand that Ms. Homewood, staff from the North

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Carolina Wildlife Resources Commission, and staff from this office have a meeting
scheduled on January 10, 2024 to request further clarification on the applicant's
response to the public and agency and project alternatives . The project involves the
closure of an existing ash basin per the North Carolina CAMA-14 requirements, which
would include the removal of CCR materials and the decommissioning of the onsite Main
Dam. Once the Main Dam has been removed, the proposed project would establish a
new pathway to route stormwater to the Broad River. The applicant proposes to
construct a stormwater channel within 0.9-acre of wetlands. Given that the information
requested is related to concerns regarding the appropriate selection of the least
damaging and practicable alternative, we agree that the timeframe Ms. Homewood has
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 March 31, 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:
scott.jones usace.army. mi1.
Sincerely,
6 �_
Acting on behalf of
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/Davis