20170359 Ver 2_Correspondence to USACE_20190927

ROY COOPER
Governor
MICHAEL S.REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
September 27, 2019
Corps Action ID# SAW -2019-01616
DWR # 20170359 v2
Avery 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
Grandfather Golf and Country Club — Loch Dornie Improvements Project
Dear Chief McLendon,
On August 26, 2019, the Division of Water Resources ("DWR") received an application from
Grandfather Golf and Country Club (GGCC) for an Individual 401 Water Quality Certification for
the Loch Dornie Improvements Project (DWR # 20170359 v2).
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."
DWR hereby requests your written concurrence that a reasonable period of time for DWR to
act on the GGCC Loch Dornie Improvements Project Application is six months.
North Camilm Department of Environmental Quality I Division of Water Resources
_ 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 2 769 9-1617
==V." —"v 919.707.9000

Corps Action ID# SAW -2019-01616
DWR # 20170359 v2
Page 2 of 3
In support of this request we direct your attention to the following considerations:
Type and Complexity of Proposed Activity. The GGCC Loch Dornie Improvements
Project includes numerous enhancement components: dredging of accumulated
sediments from the Linville River and Loch Dornie; improvements to unstable riverbanks
and lake shoreline areas; replacement of pedestrian bridges that have become unsafe
and hazardous; and protect sanitary sewer assets.
• 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 21-1.0503, the public notice requirement may be
satisfied by a joint notice with the US Army Corps of Engineers. Public Notice for the
Loch Dornie Improvements Project was issued by the US Army Corps of Engineers on
September 24, 2019 and the public comment period ends October 23, 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. The GGCC Loch Dornie
Improvements Project will impact 350 linear feet of stream; 5.92 acres of open water
from dredging activities, 2.19 acres of open water from various fill activities, and 4.60
acres of open water for dewatering activities.
DWR believes these criteria justify a determination by the Corps that six 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
GGCC 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 GGCC Loch Dornie Improvements Project or any other projects
over which the State has jurisdiction pursuant to Section 401 of the Clean Water Act.

Corps Action ID# SAW -2019-01616
DWR # 20170359 v2
Page 3 of 3
Thank you for your consideration of this time -sensitive matter. Please contact Sue Homewood
at 336-776-9693 or Sue. Homewood( a�ncdenr gov with any questions.
Sincerely,
Jeffrey Poupart, Section Chief
Water Quality Permitting Section
Division of Water Resources
cc: Amanda Jones Fuemmeler, USACE Asheville Regulatory Field Office (via email)
Todd Bowers, EPA (via email)
DWR ARO 401 files
DWR 401 & Buffer Permitting Unit