20191370 Ver 1_USACE Correspondence_20191011

Moore, Andrew W
From: Brown, David W CIV USARMY CESAW (US) <[e-mail]>
Sent: Friday, October 11, 2019 8:48 AM
To: [e-mail]
Cc: Mitchell, Robert K; Leslie, Andrea J; Moore, Andrew W
Subject: [External] No Army Corps of Engineers Notification Required for Use of NWPs 3 and 18
- Mullet Residence 181 S. East Shore Drive, Shoreline Wall, Deck, and Boathouse
Replacements
Attachments: 2017NWP03.pdf, 2017NWP18.pdf
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T.E. Allen Engineering, P.C.
Rosman, NC 28772
Terry Allen:
Reference is made to your recently received (October 8, 2019) Pre -construction Notification/Application (PCN),
submitted on behalf of Edwin and Carol Mullett, to utilize Nationwide Permits (NWP) 3 and 18, which authorizes
activities in waters of the U.S. (WoUS) associated with maintenance (NWP 3) and minor discharges (NWP 18). The work
you described includes modification and replacement to an existing shoreline wall, boat house, and piers/foundations of
a wood framed deck at the residential property located at 181 S. East Shore Drive in Lake Toxaway, Transylvania County,
North Carolina. After review of the submitted PCN and drawings the Corps determined the proposed modification and
replacement activities of the existing structures meet the terms of NWPs 3 and 18. As described, the proposed work
would involve placement of fill in Lake Toxaway resulting permanent and temporary impacts to open waters. The project
involves limited new impacts to WoUS beyond the footprint of the existing WoUS impacts of these structures.
On March 19, 2017, the regional conditions of NWP 3 and 18 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 and 18.
Your project is located in a North Carolina Wildlife Resources Commission (NCWRC) designated trout watershed. Per
regional condition 1.2, no work in waters at this location can be conducted between October 15 and April 15 during the
trout waters moratorium. However, NCWRC typically waives the trout waters moratorium for activities you have
proposed in Lake Toxaway. If NCWRC removes the trout moratorium requirements for your work, then you may conduct
work in waters at the site during the trout moratorium.
Also, your project is within the FEMA 100-year floodplain, therefore it must meet the requirements of general condition
10 for fills within the 100-year floodplain and comply with applicable FEMA approved state and local floodplain
management requirements.
This statement does not preclude the need to obtain other applicable federal, state, or local authorizations for your
project. The changes to NWP 3 and 18 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 Kevin Mitchell or 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
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