20170630 Ver 1_Approval Letter_20171106

Environmental
Quality
November 7, 2017
Leslie B. Medinger
21 Seawatch Drive
Savannah, GA 31411
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 17-0630
Transylvania County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Remove/Replace Boathouse at Medinger Residence — Lake Toxaway
Dear Ms. Medinger:
You have our approval for the impacts listed below for the purpose described in your
application dated April 23, 2017, and received by the Division of Water Resources (Division) on
May 22, 2017, with additional information received October 27, 2017. These impacts are
covered by the attached Water Quality General Certification Number 4085 and 4092 and the
additional conditions listed below. These certifications are associated with the use of
Nationwide Permit Number 3 and 18 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, Water Supply Watershed, and Trout Buffer regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) 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)]
��'Nothing Compares_.
State of North Carolina I Environmental Quality
2090 U.S. Hwy 70 I Swannanoa, North Carolina 28778
828-296-4500

Medinger Boathouse
DWR# 17-0630
401 Approval
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Open Water
Impact 01
0.01 acres
Impact 02
0.02 acres
2. 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 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) and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)]
3. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance 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)]
4. Lake Toxaway is classified B; Trout. The turbidity standard of 10 NTUs (Nephelometric
Turbidity Units) shall not be exceeded as described in Title 15A NCAC 02B .0211 (21). If
turbidity exceeds this level due to natural background conditions, the existing turbidity
level shall not be increased. [15A NCAC 0213 .0211 (21)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
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 (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone] 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 S:OOpm, excluding official
state holidays).

Medinger Boathouse
DWR# 17-0630
401 Approval
Page 3 of 4
The petition may be faxed to the OAH at [phone], 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,
FedEx, 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:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H .0500. Please contact Kevin Mitchell at 828-296-4650 or
[e-mail] if you have any questions or concerns.
Sincerely,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 4085 and 4092
Certificate of Completion

Medinger Boathouse
DWR# 17-0630
401 Approval
Page 4 of 4
cc: Terry Allen —T.E. Allen Engineering, PC (via email)
David Brown — USACE Asheville Regulatory Field Office (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
Andrea Leslie — NCWRC (via email)
Debbie Knight- Lake Toxaway Manager (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\Transylvania\401s\Non-DOT\Medinger Boathouse\APRVL.Medinger Boathouse 11.01.2017.docx