20211235 Ver 1_Approval Letter_20210830

SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED

August 30, 2021

DWR # 21-1235
Jackson County

Tom Meredith
Email: [e-mail]

Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Meredith Seawall – Lake Glenville; 38 S. Woods Mountain Trail

Dear Mr. Meredith:
You have our approval for the impacts listed below for the purpose described in your application dated
August 16, 2021, received by the Division of Water Resources (Division) August 16, 2021 and payment
received August 19, 2021. These impacts are covered by the attached Water Quality General
Certification Number 4145 and the conditions listed below. This certification is associated with the use
of General Permit Number 30 once it is issued to you by the U.S. Army Corps of Engineers. Please note
that you should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and
Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification and to the additional
conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]

Type of Impact

Amount Approved (units)
Permanent

Open Waters Above Pool Below Pool
O1 0.008 (acres) 0.011 (acres)
This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of this Certification. If you change your project,
you must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
DocuSign Envelope ID: F4AF9276-F758-446A-97A2-04C44DEB9090
Meredith Seawall – Lake Glenville
DWR# 21-1235
401 Certification
Page 2 of 3

If you are unable to comply with any of the conditions of the attached Water Quality General
Certification or with the additional conditions itemized below, you must notify the Asheville Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Asheville Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
Additional Conditions:
1. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or
current action and shall consist of clean rock or masonry material free of debris or toxic pollutants.
The rip-rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized
area. [15A NCAC 02H .0507 (c)]
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state’s antidegradation policy), the Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
2. The permittee shall require its contractors and/or agents to comply with the terms and conditions of
this permit in the construction and maintenance of this project, and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project with a
copy of this Certification. A copy of this Certification, including all conditions shall be available at
the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c)
and 15A NCAC 02H .0506 (b)(2)]
Justification: Those actually performing the work should be aware of the requirements of this 401
Water Quality General Certification to minimize water quality impacts.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk’s Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
DocuSign Envelope ID: F4AF9276-F758-446A-97A2-04C44DEB9090
Meredith Seawall – Lake Glenville
DWR# 21-1235
401 Certification
Page 3 of 3

Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Kaylie Yankura at 828-296-4685 or [e-mail] if you have
any questions or concerns.

Sincerely,

G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ – Asheville RO

Enclosures: GC 4145
Certificate of Completion

ec: David Brown - USACE Asheville Regulatory Field Office
Andrea Leslie - NCWRC
Kevin Holland – Duke Energy
Tony Elders – Jackson County
Tiffany Qualls – Jackson County
DWR 401 & Buffer Permitting Unit file

DocuSign Envelope ID: F4AF9276-F758-446A-97A2-04C44DEB9090