20221523 Ver 1_More Info Requested_20221207

Annino, Amy M
From:
Annino, Amy M
Sent:
Wednesday, December 7, 2022 11:13 AM
To:
emma Joyner
Cc:
[e-mail]; Leslie, Andrea J
Subject:
DWR 2022123 - Evert Bulkhead
Emma,
I am putting your application on hold because you have not submitted an agent authorization form. This form must be
signed by the property owner and the agent (you) in order for you to sign the PCN application. The PCN impact table
needs to be updated as well. I will not be able to finish my review or authorize the project until this information has
been received.
You submitted 2 applications with your submittal, the Pre -construction notification (PCN) form and the shoreline
stabilization form. Please know that both applications should not be submitted for a singular project.
The PCN form is required for applications seeking approval under the Nationwide Permit 3 from USACE and the
corresponding GC 4239 with DWR. The shoreline stabilization form is to be used when seeking a General Permit 30 from
USACE. As Lake Toxaway is a private lake, this type of project would not qualify for use under a GP 30.
North Carolina Administrative Code 15A NCAC 02H.0503 requires the Division to provide public notice of each pending
application for an individual certification. As this project will require individual certification, a 30 day public notice is
required.
For future applications, please ensure that you verify with USACE what Nationwide Permit or General Permit the project
falls under so that you can proceed with your application accordingly.
On October 31, 2022, the Division of Water Resources (Division) received your application requesting a 401 Water
Quality Certification from the Division for the subject project. The required fee was received on November 2, 2022. 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. Page 7 of 7 carries the signature of Emma Joyner. In order for Emma Joyner to sign, the application package
requires an agent authorization letter from the applicant. A sample agent authorization letter can be found on
the USACE website
(http://www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/Permits/SAMPLE AGENT AUTHORIZATIO
N FORM.pdf). [15A NCAC 02H .0502(a)(11)]
2. The construction of the bulkhead in Lake Toxaway is considered a permanent impact. The footprint of the
bulkhead should be noted as permanent on the PCN Impact table. The temporary fill proposed to construct the
coffer dam within the lake must be accounted for on the PCN impact table. Please revise your PCN Impact table
and submit that table via email to DWR and USACE. [15A NCAC 02H .0502(a)]
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the
proper consideration of the application. Please provide your response by January 6, 2023. If all of the requested
information is not received, the Division will be unable to approve the application and it will be denied as incomplete.
The denial of this project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.

Amy Annino
Environmental Specialist, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone] 1 Cell: [phone]
[e-mail]
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NORTH CAROLINA7.AM Q
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Department of Environmental Quality
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