SAW-2023-02328 Permit Verification_20240116

DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
ASHEVILLE FIELD OFFICE
151 PATTON AVENUE ROOM 208
ASHEVILLE NORTH CAROLINA 28801
January 16, 2024

CESAW-RG-A

R & P Wagner, LLC
Attn: Alice Wagner
2711 Inverness Road
Charlotte, NC 28209
Via Email: [e-mail]

Dear Ms. Wagner:

This letter is in response to the Pre-Construction Notification (PCN) you submitted to
the Wilmington District, Asheville Field Office on November 27, 2023, for a Department
of the Army Nationwide permit (NWP) verification. This project has been assigned the
file number SAW-2023-02328 and is known as Wagner Bulkhead. This file number
should be referenced in all correspondence concerning this project.

A review of the information provided indicates that the proposed work would include
the permanent impact of 0.01 acres of Lake Toxaway to replace an existing 100-foot
bulkhead. The project area for this determination is illustrated on the enclosed site
plans. The project area is located at 348 West Club Boulevard, at Latitude 35.118560
and Longitude -82.943980; in Lake Toxaway, Transylvania County, North Carolina.

Note, per email communication with the North Carolina Wildlife Resources
Commission on December 12, 2023, the project activities should not impact wild trout
reproduction and a trout moratorium is not required for this project.

We have determined that the proposed work is authorized by Nationwide Permit 3
pursuant to authorities under Section 404 of the Clean Water Act (33 U.S.C. § 1344).
The proposed work must be accomplished in strict accordance with the general permit
conditions, any regional conditions, the application materials, and the enclosed plans. If
the extent of the project area and/or nature of the authorized impacts to waters are
modified, a revised PCN must be submitted to this office for written approval before
work is initiated. Any violation of permit conditions or deviation from your submitted
plans may subject the permittee to enforcement action.

This verification is valid until March 14, 2026, unless prior to this date the subject
NWP(s) is suspended, revoked, or is modified such that the activity no longer complies
with the terms and conditions of this NWP. If you commence or are under contract to
commence this activity before the date that the relevant NWP is modified or revoked,
you will have 12 months from the date of the modification or revocation of the NWP to
complete the activity under the present terms and conditions of this NWP.
Activities subject to Section 404 (as indicated above) may also require an individual
Section 401 Water Quality Certification. You should contact the NC Division of Water
Resources (telephone [phone]) to determine Section 401 requirements.
This NWP verification does not preclude the necessity to obtain any other Federal,
State, or local permits, licenses, and/or certifications, which may be required.
If you have any questions related to this verification or have issues accessing
documents referenced in this letter, please contact Shannon Healy, Regulatory
Specialist of the Asheville Field Office at 828-271-7980 ext. 4233, by mail at the above
address, or by email at [e-mail]. Please take a moment to
complete our customer satisfaction survey located at
https://regulatory.ops.usace.army.mil/customer-service-survey/.
Sincerely,
Shannon Healy
Regulatory Specialist
Cc (via email):
Emma Joyner, Engineering of Brevard
Joey Winston, NCDEQ-DWR
Andrea Leslie, NCWRC

General Conditions (33 CFR PART 320-330):

1. The time limit for completing the work authorized ends on March 14, 2026.

2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort of if the site is eligible for
listing in the National Register of Historic Places.

4. If you sell the property associated with this permit you must obtain the signature
of the new owner on the transfer form attached to this letter and forward a copy to this
office to validate the transfer of this authorization.

5. If a conditioned water quality certification has been issued for your project, you
must comply with the conditions specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is attached if it contains such
conditions.

6. You must allow a representative from this office to inspect the authorized activity
at any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.

Commencement Notification Form

Action ID Number: SAW-2023-02328 County: Transylvania

Permittee: R & P Wagner, LLC, Attn: Alice Wagner

Project Name: Wagner Bulkhead

Date Verification Issued: 1/16/2024

Project Manager: Shannon Healy

Within 10 days of commencing the activity authorized by this permit, sign this
certification and return it to the following address:

US ARMY CORPS OF ENGINEERS
Wilmington District
Attn: Shannon Healy
Asheville Field Office
151 Patton Avenue Room 208
Asheville, North Carolina 28801
or
[e-mail]
828-271-7980 ext. 4233

Please note that your permitted activity is subject to a compliance inspection by a U. S.
Army Corps of Engineers representative. Failure to comply with any terms or conditions
of this authorization may result in the Corps suspending, modifying or revokin g the
authorization and/or issuing a Class I administrative penalty, or initiating other
appropriate legal action.

Construction Start Date: ______________________

__________________________________ ______________________
Signature of Permittee Date

Compliance Certification Form

Action ID Number: SAW-2023-02328 County: Transylvania

Permittee: R & P Wagner, LLC, Attn: Alice Wagner

Project Name: Wagner Bulkhead

Date Verification Issued: 1/16/2024

Project Manager: Shannon Healy

Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS
Wilmington District
Attn: Shannon Healy
Asheville Field Office
151 Patton Avenue Room 208
Asheville, North Carolina 28801
or
[e-mail]

Please note that your permitted activity is subject to a compliance inspection by a U. S.
Army Corps of Engineers representative. Failure to comply with any terms or conditions
of this authorization may result in the Corps suspending, modifying or revokin g the
authorization and/or issuing a Class I administrative penalty, or initiating other
appropriate legal action.

I hereby certify that the work, and mitigation (if applicable), authorized by the above
referenced permit has been completed in accordance with the terms and conditions of
the said permit including any general or specific conditions.

Date Authorized Work Started: ___________ Completed: ___________

Describe any deviations from permit (attach drawing(s) depicting the deviations):

______________________________________________________________________

______________________________________________________________________
*Note: The description of any deviations on this form does not constitute approval by the Corps.

__________________________________ ______________________
Signature of Permittee Date