20101062 Ver 2_Approval Letter_20110510

Beverly Eaves Perdue
Governor
May 10, 2011
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
John T. and Julie M. Fox
1097 Cold Mountain Road
Lake Toxaway, North Carolina 28747
Subject: 401 Water Quality Certification - Approval
Fox Dock Replacement and Seawall Repair
DWQ Project # 10-1062 Ver. 2
Transylvania County
SAV02 / Toxaway River (Lake Toxaway) / 4-(1) / Class B, Tr
Dear Mr. and Mrs. Fox:
Dee Freeman
Secretary
The Division of Water Quality has completed the review of your amended 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 are covered by General Water Quality Certification Number 3687. This Certification allows
you to use Nationwide Permit 3 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:
Amount Approved (Units) Plan Location or Reference
Dock Replacement and
Seawall Repair - natural rock 0.02 (acres) Application Item O1
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone; 828-296-45001 FAX: [phone] Customer Service: 1-877-623-6748
Internet; www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
North Carolina
?R'tltrll??lf
John T. and Julie M. Fox
May 10, 2011
Page 2 of 2
Additional Conditions
• Your seawall shall be constructed as a "dry stack" natural stone wall. No "live" concrete shall come in
direct contact with any surface waters.
• A turbidity curtain or other barrier shall be in place lake ward of any work performed in the wetted area.
• 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,
Coleen H. Sullins, Director
CHS/khb
Enc: GC3687
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
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