20150912 Ver 1_Approval Letter_20150929

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North Carolina Department of Environmental Quality,' C
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Pat McCrory Donald R. van der Vaart
Governor Secretary
September 29, -2015
DW R # 2015 -0912
Transylvania County
David P. & Lisa C. Baker
846 Darvis Drive -
Atlanta, GA 30327
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL.
CONDITIONS
Baker Boathouse Foundation. & Incidental Dredging
Lot 54 — Block D of Lake Toxaway Company
Dear Mr. & Mrs. Baker
You have our approval for the impacts listed below for the purpose described in your application
dated August 26, 2015, received by the Division of Water Resources (Division) September 4, 2015.
These impacts are covered by the attached Water Quality General Certification Numbers 3890 &
3885 and the conditions listed below. This certification is associated with the use of Nationwide
Permit Numbers 13 & 18 once they are 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.
This approval requires you to follow the conditions listed in the enclosed certifications) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02H.0506(b) and /or (c))
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Open Water 01
0.10 Acres
1601 Mail Service Center, Raleigh, North Carolina 27699 -1601
Phone: [phone] Internet w ncdenr.goy
An Equal Oppptlunity lARnmallve Action Employer -Mo. in part hyrey0er1 peper,

Baker Boathouse Foundation & Incidental Dredging
9/29/2015
2. This approval is forth e purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the 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 approval letter and General
Certification(s) /Permit /Authorization and is responsible for complying with all conditions.
-[15A NCAC 02H .0507(d)(2)]
3. The permitee 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)
and (c)(2)1
This approval and its conditions are final and binding unless contested. [G.S. 143- 215.51
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 OAH) within sixty calendar days.
A petition form may be obtained from the OAH at htto: / /www.ncoah,com/ or by calling the OAH
Clerk's Office at [phone] for information. Apetition 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'- 8:00am. and 5:00pm, 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,
Fed Ex, etc)i
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285

Baker Boathouse Foundation & Incidental Dredging
9/29/2015
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Tim Fox at 828-296-4664 or tim.foxg ncdenr.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 3890 & 3885
Certification of Completion
ec: Terry Allen— T.E. Allen Engineering, PC -
David Brown - USACE Asheville Regulatory Field .Off ice
Andrea Leslie —NCWRC
Stan Aiken -DEMUR
cc: DWR ARO 401 file
DWR 401 & Buffer Permitting Unit file
G: \WR \WQ \Transylvania \4015 \Non- OOT\Baker Boathose & Incidental dredging\ APRVL. OlBakerBoathwe &Incidentialdredging9- 29- SS.doc