20201530 Ver 1_USACE Correspondence_20201216

Strickland, Bev
From:
Brown, David W CIV USARMY CESAW (USA) < [e-mail] >
Sent:
Wednesday, December 16, 2020 10:23 AM
To:
[e-mail]
Cc:
[e-mail]; Yankura, Kaylie
Subject:
[External] No Army Corps of Engineers Notification Required for Use of NWP 18 -
Mitchell Residence, Action ID No. SAW-2020-02143
Attachments:
2017NWP18.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
T.E. Allen Engineering,
P.C.
Rosman, NC
Terry Allen,
Reference is made to your recently submitted (December 2, 2020) pre -construction notification (PCN), with
attachments, about utilizing Nationwide Permit 18 which authorizes activities in waters of the U.S. (WoUS) associated
with maintenance and small discharges. The work you described includes construction of a new boathouse
foundation in Lake Toxaway at the Mitchell Residence, 145 Island Point Road (PIN 8522-48-2019-000), in Lake
Toxaway, Transylvania County, North Carolina. Coordinates are 35.13662 N, 82.93386 W. As described, the proposed
project would involve less than 10 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 18 pertainingto notification requirements changed.These changes
affectthe requirements for 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 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 iswithinthe 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 WaterAct Section 401 Water Quality Certification from North Carolina Division of Water Resources
(DWR). Please contact Kaylie Yankura, at 828-296-4500,to determinethe required pre -construction notification/permit
application submittal process for DWR.
If you have questions, please contact me.

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]