20191081 Ver 1_Correspondence to USACE_20190923

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
September 23, 2019
Corps Action ID# SAW -2017-00103
DWR # 20191081
Guilford County
Scott McLendon, Chief
Regulatory Division, Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington NC 28403-1343
Subject: REQUEST FOR ADDITIONAL REVIEW TIME
PTAA — GSO Rental Car Facilities Relocation Project
Dear Chief McLendon,
On August 12, 2019, the Division of Water Resources ("DWR") received an application from
Piedmont Triad Airport Authority (PTAH) for an Individual 401 Water Quality Certification for
the GSO Rental Car Facilities Relocation Project (DWR # 20191081).
On August 7, 2019, Scott A. Spellman, Deputy Commanding General for Civil and Emergency
Operations issued a Regulatory Guidance Letter ("RGL") with the subject line: "Timeframes for
Clean Water Act Section 401 Water Quality Certifications and Clarification of Waiver
Responsibility." The RGL indicates that, under Army Corps of Engineers ("Corps") regulations,
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 request unless the district
engineer determines that a shorter or longer period of time is reasonable for the certifying
agency to act. The RGL states that the district engineer will "advise the certifying agency when
it determines that the circumstances reasonably require more than 60 days."
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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Corps Action ID# SAW -2017-00103
DWR # 20191081
Page 2 of 3
DWR hereby requests your written concurrence that a reasonable period of time for DWR to
act on the GSO Rental Car Facilities Relocation Application is 12 months.
In support of this request we direct your attention to the following considerations:
• Type and Complexity of Proposed Activity. GSO Rental Car Facilities Relocation Project
includes four key components: Site preparation and stabilization of approximately 49
acres of developed land to allow line of sight from the Air Traffic Control Tower (ACTC)
to Taxiway E; Site preparation of approximately 44 acres of future aerospace
development, including continuation of Worldwide Drive; Site preparation of
approximately 57 acres of land for construction of new car rental facilities; and Site
preparation of approximately 28 acres for proposed spoil embankment.
• DWR public notice requirements. Chapter 15A of the North Carolina Administrative
Code, Section 02B requires DWR the to issue public notice on all individual 401
applications. Pursuant to 15A NCAC 2H.0503, the public notice requirement may be
satisfied by a joint notice with the US Army Corps of Engineers. Public Notice for the
GSO Rental Car Facilities Relocation Project was issued by the US Army Corps of
Engineers on August 21, 2019 and the public comment period ends September 20, 2019.
DWR anticipates that the review and resolution of public comments received as a result
of the public notice will significantly extend the timeframe necessary to process the
application.
• Magnitude of potential impacts to aquatic resources. GSO Rental Car Facilities
Relocation Project will impact 383 linear feet of stream; 0.10 acres of wetlands, and 1.72
acres of open water. The GSO Rental Car Facilities Relocation Project will also impact
protected riparian buffers within the Jordan Lake Watershed.
DWR believes these criteria justify a determination by the Corps that 12 months is a reasonable
period of time for the DWR to act upon the application.
By making this request, DWR does not waive its right to determine upon further review of the
PTAA 401 Application that additional information and/or additional time is necessary to process
the application. DWR further does not waive its right to object to or contest the legality of any
of the provisions set forth in the RGL or any actions taken by the Corps pursuant to the RGL,
whether related to the GSO Rental Car Facilities Relocation Project or any other projects over
which the State has jurisdiction pursuant to Section 401 of the Clean Water Act.

Corps Action ID# SAW -2017-00103
DWR #20191081
Page 3 of 3
Thank you for your consideration of this time -sensitive matter. Please contact Sue Homewood
at 336-776-9693 or [e-mail] with any questions.
Sincerely,
Jeffrey Poupart, Section Chief
Water Quality Permitting Section
Division of Water Resources
cc: David Bailey, USACE Raleigh Regulatory Field Office (via email)
Todd Bowers, EPA (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit