20101031 Ver 1_Approval Letter_20110105

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
January 5, 2011
Robert Rearden, Jr., Chief Executive Officer
2660 Peachtree Road
Unit 30B
Atlanta, Georgia 30361
Bobby and Dell Rearden
3432 West Club Boulevard
Lake Toxaway, North Carolina 28747
Subject: 401 Water Quality Certification - Approval
Rearden Seawall
DWQ Project # 10-1031
Transylvania County
SAV02 / Taxaway River (Lake Toxaway) / 4-(1) / Class B, Tr
Dear Messrs. Rearden:
Dee Freeman
Secretary
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact waters for the purpose of boat access and
boat house repair at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts approved by this correspondence are covered by General Water Quality Certification Number
3689. This Certification allows you to use Nationwide Permit 13 when issued by the US Army Corps of
Engineers (USACE). Authorization to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application and as authorized by this Certification shall expire upon expiration of the
corresponding USACE Permit Verification. In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you proceed with your project including (but not limited to)
Erosion and Sediment Control and Trout Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCaTOlina
Internet: www.ncwaterquality.org
?aturallr?
';AW An Equal Opportunity 1 Aff rrnalive Action Employer
Rearden Seawall
01/05/2011
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Seawall -Natural Stone 0.01 (acres) Application
Temporary work area 0.04 (acres) Application
Dredging 0.01 (acres) Application
Additional Conditions
• A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward
to provide wildlife habitat. Please reference attached diagram.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
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Coleen H. Sullins, Director
CHS/khb
Eric: GC3689
Certificate of Completion
Dry Stack Boulder Wall Design Guidelines
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit - Central Office
David McHenry - NC Wildlife Resources Commission
File Copy
S:\S W P\Transylvania\401 s\Non-DOT\Rearden.Toxaway\Rearden. Appvl.01-5-1 l.doc