20200100 Ver 1_USACE Email_20200124

Moore, Andrew W
From: Brown, David W CIV USARMY CESAW (US) <[e-mail]>
Sent: Friday, January 24, 2020 9:05 AM
To: [e-mail]
Cc: Moore, Andrew W; Leslie, Andrea J
Subject: [External] No Army Corps of Engineers Notification Required for Use of NWP 3 and No
Permit Required - Selmensberger Residence Lakeshore Wall Replacement and
Boathouse and Dock Renovations (UNCLASSIFIED)
Attachments: 2017NWP03.pdf
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CLASSIFICATION: UNCLASSIFIED
T.E. Allen Engineering, P.C.
Rosman, NC
Terry Allen,
Reference is made to your recently submitted (January 15, 2020) pre -construction notification (PCN), with attachments,
about utilizing Nationwide Permit 3 and 18 which authorizes activities in waters of the U.S. (WoUS) associated with
maintenance and small discharges. The work you described includes replacement of any existing timber lakeshore wall
with a boulder wall, extending an existing boathouse, and renovating an existing dock in Lake Toxaway at the
Selmensberger Residence on North Club Boulevard (PIN 8513-71-7363-000) in Lake Toxaway, Transylvania County,
North Carolina. Coordinates are 35.14531 N, 82.95589 W. As described, the proposed project would involve
approximately (2 cubic yards) of new impacts to open water beyond the original fill footprint of the existing dock. The
proposed impacts to WoUS for the dock renovation can be authorized under NWP 3.
On March 19, 2017, the regional conditions of NWP 3 pertaining to notification requirements changed. These changes
affect the requirements for submittal of PCN for work conducted in the western counties of North Carolina. Based upon
details provided for your project, you did not need to submit the pre -construction notification to our office. You may
proceed with your work for the dock renovation as proposed provided it is accomplished in accordance with all the
conditions of the attached NWP 3.
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 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.
You propose to replace the existing timber shoreline wall with an new boulder wall. The new wall would be within the
same footprint of the timber wall. This work would involve placement of fill in jurisdictional waters at the property.
Based upon the information provided, evaluation of aerial photos, and review of appropriate maps, the Corps has
determined the above described work would be exempt from Department of Army regulation. As noted in our
regulations, the discharge of fill material/work in WoUS is not prohibited by or otherwise subject to regulation under
Section 404 of the Clean Water Act (i.e., it is exempt from regulation under Section 404 of the CWA and you do not need
a permit from this office). CFR Part 323 - Permits For Discharges Of Dredged or Fill Material Into Waters of The United
States, paragraph 323.4 - Discharges not requiring permits, (2) "Maintenance .... maintenance does not include any
modification that changes the character, scope, or size of the original fill design.
Also, based upon the information provided, evaluation of aerial photos, and review of appropriate maps, the Corps has
determined the proposed extension of the existing boathouse will not require authorization from the Department of
Army. The extension would be constructed in uplands with no placement of fill below the ordinary high watermark of
Lake Toxaway.
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]
CLASSIFICATION: UNCLASSIFIED