20201562 Ver 1_More Info Requested_20201216

Strickland, Bev
From: Yankura, Kaylie
Sent: Wednesday, December 16, 2020 3:33 PM
To: Brown, David W CIV USARMY CESAW (USA); [e-mail]
Cc: [e-mail]
Subject: RE: [External] Request for Additional Information - McDonough Residence Boathouse
and Shoreline Wall
Terry Allen,
On December 8, 2020 the Division of Water Resources (Division) received your application requesting a 401 Water
Quality Certification from the Division for the subject project. The Division has determined that your application is
incomplete and cannot be processed. The application is on -hold until all of the following information is received:
1. Please provide the Division a copy of your response to the December 16, 2020 email from the U.S. Army Corps
of Engineers requesting additional information. [15A NCAC 02H .05029(c)]
Pursuant to Title 15A NCAC 02H .0502(c), the applicant shall furnish all of the above requested information for the proper
consideration of the application. If all of the requested information is not received, the Division will be unable to approve
the application and it will be returned.
Please contact me if you have any questions. You may provide your response via email or mail to the address below.
Thank you,
Kaylie Yankura
Environmental Specialist —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
828 296 4685 office
828 231 9634 mobile
kaylie.yankuraa-ncdenr.gov
D, E
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or are
on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging time.
From: Brown, David W CIV USARMY CESAW (USA)[mailto:[e-mail]1]
Sent: Wednesday, December 16, 2020 3:18 PM

To: [e-mail]
Cc: Yankura, Kaylie <[e-mail]>; [e-mail]
Subject: [External] Request for Additional Information - McDonough Residence Boathouse and Shoreline Wall
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Action ID: SAW-2020-02141
T.E. Allen Engineering, PC
Rosman, NC 28772
Terry Allen,
The Corps has received (December 2, 2020) and reviewed your submitted Pre -Construction Notification (PCN)
application and supporting documents for the proposed construction of a new shoreline wall, a new dock, and new
boathouse foundation at the McDonough property. The project site is located on a 0.67 acre tract of land (PIN 8512-93-
3923-000) at lot 52 Block B West Club Boulevard in Lake Toxaway, Transylvania County, NC. Coordinates are 35.12528 N,
82.94970 W. The Corps has the following comments and is requesting additional information in order for us to consider
the application to be complete:
1. You have requested utilization of nationwide permits (NWP) 18 and 29 for authorization of the proposed impacts to
waters of the U.S. (WoUS) for the above described project. Please clarify which permit corresponds to the proposed
impacts. Example, NWP 18 for impacts to WoUS for new boathouse.
2. The project cannot be verified using Nationwide Permit 29, Residential Developments, because it does not meet the
regional conditions of the NWP. Specifically regional conditions 4.1.3 and 4.1.4, discharges of dredged or fill material
into WoUS within the floodway or within the mapped FEMA 100-year floodplain resulting in permanent above -grade
fills are not authorized by this NWP
3. The text of the application notes an existing timber shoreline wall will be replaced with a new boulder wall.
However, the project plans do not indicate an existing shoreline wall. Please clarify.
4. If the proposed shoreline wall is to aid in mitigating active shoreline erosion, then provide evidence that the existing
shoreline is unstable and actively eroding.
5. The proposed project is within the FEMA 100-year floodway (Zone AE, special flood hazard area). Per the general
conditions of the NWP, the activity must comply with applicable FEMA-approved state or local floodplain
management requirements. Provide an explanation of how the project meets these requirements.
At this time, the request to utilize NWPs 18 and 29 for authorization of impacts to WoUS is on hold until the above
additional information has been received. Once the Corps receives the information noted above, then we will be able to
continue to process your request. If you have any 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
david.w.brown(@usace.armv.mil