20180350 Ver 1_Approval Letter_20180320

State of North Carolina | Environmental Quality | Water Resources
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
828-296-4500

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director Water Resources
Environmental Quality

March 20, 2018
DWR # 18-0350
Macon County

William J. Sagatys
1105 Cimarron Circle
Bradenton, FL 34209

Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Sagatys 732 Nantahala Shores Road – Lake Nantahala

Dear Mr. Sagatys:

You have our approval for the impacts listed below for the purpose described in your application
dated November 21, 2017, and received by the Division of Water Resources (Division) on March
9, 2018. These impacts are covered by the attached Water Quality General Certification Number
4145 and the additional conditions listed below. This certification is associated with the use of
General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you
should obtain any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge,
Water Supply Watershed, and Trout Buffer regulations.

This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:

1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification, General Permit, and/or Buffer Rules are met. No
other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)
and/or (c)]

Type of Impact

Amount Approved
Permanent
Open Waters Above Pool Below Pool
0.0106 (acres) 0.0106 (acres)

Sagatys -732 Nantahala Shores Road
DWR# 18-0350
401 Approval
Page 2 of 3

2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the
Certification/Authorization. If you change your project, you must notify the Division and
you may be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this approval letter and General
Certification(s)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]

3. Stone used in stabilization shall be of a size and density sufficient to prevent movement
by wave or current action and shall consist of clean rock or masonry material free of
debris or toxic pollutants. The rip-rap shall be installed over a toed in filter fabric to
prevent soil erosion behind the stabilized area. [15A NCAC 02H .0507 (c)]

4. Replant or allow the re-establishment of native vegetation in areas within the project
boundary where it has been removed per Exhibit 1 of the Duke Power Nantahala Area
Shoreline Management Guidelines.

5. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this Certification,
including all conditions shall be available at the project site during the construction and
maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506
(b)(2) and (c)(2)]

This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]

This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.

A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the
OAH Clerk’s Office at [phone] for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH
during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays).

The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:

Sagatys -732 Nantahala Shores Road
DWR# 18-0350
401 Approval
Page 3 of 3

If sending via US Postal Service: If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285

One (1) copy of the petition must also be served to DEQ:

William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H .0500. Please contact Kevin Mitchell at 828-296-4650 or
[e-mail] if you have any questions or concerns.

Sincerely,

Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office

Enclosures: GC 4145
Certificate of Completion

cc: Kevin Holland – Duke Energy (via email)
David Brown – USACE Asheville Regulatory Field Office (via email)
Andrea Leslie – NCWRC (via email)
Stan Aiken – Division of Energy, Mineral and Land Resources (via email)
Bob Martin – Bob’s Docks and The Seawall Co. (via email)
DWR ARO files

G:\WR\WQ\Macon\401s\Non-DOT\Sagatys 732 Nantahala Shores Road\20180320_Sagatys 732 Nantahala Shores Road_APPRV.docx