HomeMy WebLinkAbout20180424 Ver 1_Approval Letter_20180409 (2)
State of North Carolina | Environmental Quality
2090 U.S. Hwy 70 | Swannanoa, North Carolina 28778
828-296-4500
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
April 10, 2018
DWR # 18-0424
Transylvania County
Mark S. Miller
3993 Pinehill Place NW
Atlanta, GA 30342
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Remove and Replace Boathouse and Seawall Miller – Lake Toxaway
Dear Mr. Miller:
You have our approval for the impacts listed below for the purpose described in your
application dated March 1, 2018, and received by the Division of Water Resources (Division) on
March 21, 2018. These impacts are covered by the attached Water Quality General
Certification Numbers 4132 and 4139 and the additional conditions listed below. These
certifications are associated with the use of Nationwide Permit Numbers 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)]
Remove & Replace Boathouse & Seawall Miller Residence
DWR# 18-0424
401 Approval
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Open Water
Impact O1
0.04 acres
Impact O2 0.01 acres
Impact O3 0.04 acres
Impact O4 0.01 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 02B .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 (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
Remove & Replace Boathouse & Seawall Miller Residence
DWR# 18-0424
401 Approval
Page 3 of 4
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: If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
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
kevin.mitchell@ncdenr.gov if you have any questions or concerns.
Sincerely,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 4132 and 4139
Certificate of Completion
Remove & Replace Boathouse & Seawall Miller Residence
DWR# 18-0424
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)
DWR ARO 401 files
G:\WR\WQ\Transylvania\401s\Non-DOT\Remove and Replace Boathouse & Seawall at Miller Residence\20180410_Remove Replace
Boathouse Seawall Miller_APRV.docx