20231101 Ver 1_RPOT Response_20240318

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
ASHEVILLE REGULATORY FIELD OFFICE
151 PATTON AVENUE, ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
March 18, 2024
Regulatory Division
Action ID Number: SAW-2015-01426
Re: Request for Time Extension #2: 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, 9th Floor
Raleigh, North Carolina 27603
Dear Ms. Gross:
Please reference the March 18, 2024, correspondence from Ms. Sue Homewood
(Division of Water Resources (DWR)) requesting a second extension of time to review
the subject project for the required individual 401 Water Quality Certification (WQC).
Based on the correspondence, on September 21, 2023, the US Army Corps of
Engineers (Corps) placed the project on Public Notice and established the Reasonable
Period of Time as 120 days from the Notice. On October 24, 2023, the Corps
requested additional information from the applicant and DWR subsequently requested
a copy of the applicant's response in order to complete the 401-application review. The
applicant requested additional time to provide the information requested and submitted
their response on December 15, 2023. The Corps, DWR and North Carolina Wildlife
Resources Commission have discussed the project and have held multiple meetings
regarding the requested additional information. Duke has requested another meeting to
further discuss the issues expressed by the agencies. Therefore, DWR is requesting
that the review period for the 401 application to be 282 days from the receipt of the
application for this project (May 15, 2024).
As you are aware, the Corps 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

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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 authorize the impacts
associated with this project, this project has been delayed by Duke Energy (the
applicant) for approximately 60 days. 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 May 15, 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.iones(o)usace.army.mil.
Sincerely,
2024.03.18
10:3224-04'00'
Scott Jones, PWS
Chief, Asheville Regulatory Field Office
Wilmington District
Copy Furnished:
US EPA Region 4, Mr. Todd Bowers (via e-mail)
Blind copy furnished: CESAW-RG-A/Davis