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Home My WebLink About20141197 Ver 1_Approval Letter_20141219A NA NCDENR 7 North Carolina Department of Environment and Natural Reso�rces Pat McCrory - John E. Swede, III Governor Secretary December 19, 2014 DWR #14 -1197 Transylvania County Christopher P. Foster & Pauline Merrill, Trustees Lot 37 Block A, South Eastshore Drive, Lake Toxaway Estates Lake Toxaway, NC 28747 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Chris Foster & Pauline Merrill Seawall and Boathouse Lot 37, South Eastshore Drive, Toxaway Estates _.... _.... _. .. _. Dear Mr. Foster and Ms. Merrill: In accordance with your application dated October 16, 2014 and received on November 17, 2014, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Numbers 3885 & 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Numbers 13 & 18 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTSAPPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Amount Approved Permanent Temporary Open Waters 10.01 (acres) 10. 01 (acres) ADDITIONAL CONDITIONS 1. 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 the Certification/Authorization. if you change Water Quality Regional Opami— Asheville Regional Office 2090 US Hwy 70, Swannanoa, NO 28778 Phone: 828 - 29645001 FAX: 828- 299 -7843 Internet: htlpilpmral.nodenr.orgAvebivicil An Equal Opportunity l AfOrmeBVe Action Employer Christopher P. Foster & Pauline Merrill, Trustees December 19, 2014 Page 2 of 3 your project, you must notify the Division and you maybe required to submit anew application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification (s) /Permit/Authorization and is responsible for complying with all conditions. 2. A rip -rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending towards the water to provide wildlife habitat. Please reference attached diagram. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3.and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAR) within sixty (60) calendar days. A petition form maybe obtained from the OAH at http• / /www:ncoab.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and 5:OOpm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service. Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, FedEk, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR:. John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Christopher P. Foster & Pauline Merrill, Tmstem December 19, 2014 Page 3 of3 • This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC .0500. Please contact Tim Fox at 828 - 296 -4664 or tim fox2ricdem.gov if you have any questions or concerns. '.. Sincerely, G. Landon Davidson, P.G, Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 & 3890 Certificate of Completion - Dry Stack. Boulder Wall Design. Guidelines cc: DWR ARO 401 files cc: Terry E. Allen, PE — T.E. Allen Engineering, PC David Brown - USACE Asheville Regulatory Field Office Andrea Leslie — NCWRC Ashley Rodgers — DEMLR Laura Herbert - DEMLR G \WR \WQ \T,.sylv.ia \401sWon- DOT \Chris Foster& Pauline Merrill SeawallU RVL.401Chr ., ter &ParliaeMerrilll2- 12 -14.d.