20191304 Ver 1_Email_20191016

Moore, Andrew W
From: Philip Ellis<[e-mail]>
Sent: Wednesday, October 16, 2019 2:13 PM
To: Moore, Andrew W
Cc: Hunter Marks; [e-mail]
Subject: Re: [External] No Army Corps of Engineers Notification Required for Use of NWP 3 -
Adkins Residence Pond 519 Claremont Drive, Flat Rock, Henderson County
Attachments: 2019-10-16 14.02.39.pdf
mm(@nc.gov
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Andrew,
Per our conversation yesterday, please find the attached diagram and construction sequence for the spillway
extension.
Do you think you will be able to process this permit today?
Philip Ellis, MS, PE
[phone]
robinsondesignengineers.com
On Oct 16, 2019, at 10:45 AM, Chris Grose<[e-mail]> wrote:
I apologize for that. The incorrect one must have gotten uploaded. Here is the signed version.
<Signed Agent Authorization 190921.pdf>
Sincerely,
Chris Grose, MS, EI
[phone]
robinsondesignengineers.com
On Oct 16, 2019, at 9:51 AM, Moore, Andrew W
<andrew.w.moore@ncdenr.L,ov> wrote:

Philip/Chris,
The agent authorization provided with the PCN is not signed by the owner/applicant.
Please provide a signed agent authorization.
Andrew W. Moore, PG
Environmental Specialist — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4684 office
email: [e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Philip Ellis[mailto:[e-mail]]
Sent: Monday, October 14, 2019 4:32 PM
To: Moore, Andrew W <[e-mail]>
Subject: [External] Re: No Army Corps of Engineers Notification Required for Use of
NWP 3 - Adkins Residence Pond 519 Claremont Drive, Flat Rock, Henderson County
External email. Do not click links or open attachments unless you verify. Send all
suspicious email as an attachment to [e-mail]
Andrew,
I got your voicemail this morning, sorry I missed you. I will be in the office all
day tomorrow. Call me at your convenience.
Philip Ellis, MS, PE
[phone]
robinsondesignengineers.com
On Oct 11, 2019, at 2:47 PM, Philip Ellis
<[e-mail]> wrote:
Thanks David!
Andrew,

I just left you a voice mail. I understand that you are out of the
office and will return on October 14th.
Once you have read through David's email below, give me a call —
the land owner is ready to go to construction, and we want to make
sure they are following any requirements in the Water Quality
Certification.
Philip Ellis, MS, PE
[phone]
robinsondesignengineers.com
On Oct 11, 2019, at 10:09 AM, Brown, David W
CIV USARMY CESAW (US)
<[e-mail]> wrote:
Robinson Design Engineers
Asheville, NC
Philip Ellis and Chris Grose
Thank you for meeting with me on October 2, 2019,
and reference is made to your recently received Pre -
construction Notification/Application (PCN),
submitted on behalf of the Vernon and Anne Adkins
Trust, to utilize Nationwide Permit (NWP) 3, which
authorizes activities in waters of the U.S. (WoUS)
associated with maintenance. The work you
described includes modifications to an existing
pond in order to aid in remedying a slope failure
which has encroached on the foundation of a
house. The project is located at 519 Claremont
Drive in Flat Rock, Henderson County, North
Carolina. After review of the submitted PCN,
drawings, and discussions during the site meeting,
the Corps determined the proposed pond
modifications meet the terms of NWP 3. As
described, the proposed project would involve
approximately 60-75 linear feet of permanent
impacts to an unnamed tributary of Bat Fork and
decrease the size of the existing pond by 0.056
acres. The project work is within the footprint of the
existing pond and involves limited impacts to
WoUS.
On March 19, 2017, the regional conditions of
NWP 3 pertaining to notification requirements
changed. These changes affect the requirements for

submittal of pre -construction notification for work
conducted in the western counties of North
Carolina. Based upon details provided for your
project, you are not required to submit pre -
construction notification to our office. You may
proceed with your work as proposed provided it is
accomplished in accordance with all the conditions
of the attached NWP 3. Your project is not located
in a North Carolina Wildlife Resources Commission
designated trout watershed. Therefore, regional
condition 1.2 does not apply.
This statement does not preclude the need to obtain
other applicable federal, state, or local
authorizations for your project. The changes to
NWP 3 may not affect the pre -construction
notification requirements to receive the required
corresponding Clean Water Act Section 401 Water
Quality Certification from North Carolina Division
of Water Resources (DWR). Please contact
Andrew Moore, at 828-296-4500, to determine the
required pre -construction notification/permit
application submittal process for DWR.
If you have any questions regarding this
information, you may contact me at 828-271-7980
x. 4232.
Sincerely,
David Brown, PG
Regulatory Specialist/Geologist
USACE Wilmington District -Asheville Regulatory
Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
828-271-7980, ext. 4232
[e-mail]
<2017NWP03.pdf>
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