20201531 Ver 1_USACE Communication_20201207

From:
Brown, David W CIV USARMY CESAW (USA)
To:
teallenena(cbcomoorium.net
Cc:
Yankura. Kavlie; Leslie. Andrea J
Subject:
[External] No Army Corps of Engineers Notification Required for Use of NWP 18 and No Permit Required -
Goldman Residence, Action ID No. SAW-2020-02032
Date:
Monday, December 7, 2020 2:45:25 PM
Attachments:
2017NWP18.odf
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T.E.
Allen
Engineering,
P.C.
Rosman,
NC
Terry Allen,
Reference is made to your recently submitted (November 16, 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,
replacement of an existing dock, and construction of a new boathouse foundation in Lake
Toxaway at the Goldman Residence, 1133 Cold Mountian Road (PIN 8523-00-6244-000), in Lake
Toxaway, Transylvania County, North Carolina. Coordinates are 35.14243 N, 82.94647 W. As
described, the proposed project would involve approximately (1 cubic yards) of new impacts to
open water for construction of the boathouse foundation. The proposed impacts to WoUS for the
boathouse foundation can be authorized under NWP 18.
On March 19, 2017, the regional conditions of NWP 18pertainingto notification requirements
changed. These changes affectthe requirementsfor submittal of PCN for workconducted 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
boathouse foundation as proposed provided it is accomplished in accordance with all the
conditions of the attached NWP 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 duringthe trout waters moratorium. However, NCWRC typically waives the
trout waters moratorium for activities you have proposed in LakeToxaway. 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 meetthe 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 18 may not affect the pre -construction
notification requirements to receive the required corresponding Clean Water ActSection401 Water
Quality Certification from North Carolina Division of Water Resources (DWR). Please contact Kaylie
Yankura, 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 and replace the
existing dock. The new wall and dock would be within the same footprint of the
existing wall and dock. 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.
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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