20181504 Ver 1_401 Application_20181102

Action History (UTC -05:00) Eastern Time (US & Canada)
Submit by Anonymous User 11/2/2018 3:37:55 PM (Message Start Event)
Accept by Montalvo, Sheri A 11/6/2018 2:37:33 PM (NON -DOT Project)
• The task was assigned to Montalvo, Sheri A. The due date is: November 7, 2018 5:00 PM
11/2/2018 3:38 PM

Staff Review
Does this application have all the attachments needed to accept it into the review process?
r Yes r No
ID#*
20181504
Version* 1
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Kevin Mitchell:eads\rkmitchell
Select Reviewing Office:* Asheville Regional Office - [phone]
Submittal Type:*
401 Application
Does this project require a request for payment to be sent?*
r
Yes
r
No
How much is r $240.00
owed?* r $570.00

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: F New Project
r Pre -Application Submittal
r More Information Response
r Other Agency Comments
r For the Record Only (Courtesy Copy)
New Project - Please check the new project type if you are trying to submit a new project that needs an official approval
decision.
Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and
do not have the expectation that your submittal will be considered a complete application requiring a formal decision.
More Information Response - Please check this type if you are responding to a request for information from staff and
you have and ID# and version for this response.
Other Agency Comments - Please check this if you are submitting comments on an existing project.
Project Contact Information
Name: Anna Priest
Who is subrritting the information?
Email Address: [e-mail]
Project Information
Project Name: Sandyland Cove
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yesr No r Unknown
County (ies)
Transylvania
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach docurrent
669 Sandyland Cove PCN Application.pdf 2.24MB
Only pdf or k rnz files are accepted.
Describe the attachments:
PCN Application package
V By checking the box and signing box below, I certify that:
o I have given true, accurate, and complete information on this form;
• I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the
"Uniform Electronic Transactions Act")
o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes
(the "Uniform Electronic Transactions Act');

• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written
signature; AND
• I intend to electronically sign and submit the online form."
Signature:
Submittal Date:

CiLearWater
ClearWater Environmental Consultants, Inc.
www cwenvcorn
November 1, 2018
David Brown Karen Higgins
US Army Corps of Engineers NC DEQ, Division of Water Quality
Asheville Regulatory Field Office 1617 Mail Service Center
151 Patton Avenue, Room 208 Raleigh, NC 27699-1617
Asheville, North Carolina 28801-2638
RE: Sandyland Cove Permitting
Nationwide Permit 3 and 18 Application
Buncombe County, North Carolina
Mr. Brown:
The attached Pre -Construction Notification (PCN) is being submitted on behalf of property
owners William R. Guthy and Victoria Jackson. The project site is located on 123 Bee
Tree Way, Lake Toxaway, NC 28747. The applicant is seeking a Nationwide Permit 3 and
18 for the construction of a new dock, lake wall and stair replacement, and dock rebuild.
Should you have any questions regarding the attached PCN and supplemental information
please do not hesitate to contact me at 828-698-9800. A copy of this application has been
sent to Ms. Andrea Leslie of the NC Wildlife Resources Commission and Byron Hamstead
of the US Fish and Wildlife Service for review. A courtesy copy of this application has
also been sent to Kevin Mitchell at the NC Division of Water Resources Asheville Regional
Office.
Respectfully,
X.,
r�e
Anna Priest, P.W.S. R. Clement Rid/e, .S.
Environmental Scientist Principal
Copy Furnished:
NC Wildlife Resources Commission — Andrea Leslie
US Fish and Wildlife — Byron Hamstead
NC Division of Water Resources — Kevin Mitchell
32 Clayton Street
Asheville, NC 28801
828-698-9800 Tel

Preliminary ORM Data Entry Fields for New Actions
SAW - 201 - BEGIN DATE [Received Date]:
Prepare file folder F-1 Assign Action ID Number in ORM
1. Project Name [PCN Form A2a]: Sandyland Cove
2. Work Type: Private Wl Institutional 1:1 Government F1 Commercial
3. Project Description / Purpose [PCN Form B3d and 63e]:
See Supplemental Information.
4. Property Owner / Applicant [PCN Form A3 or A4]: William Guthy and Victoria Jackson Trustees
5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: Clearwater Environmental Consultants,
6. Related Action ID Number(s) [PCN Form B5b]: See Supplemental Information.
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
Lat: 35.125083 Long: -82.952222
123 Bee Tree Way, Lake Toxaway, NC 28747
8. Project Location - Tax Parcel ID [PCN Form 61a]: 8512-84-3060-000 and 8512-84-2354-000
9. Project Location —County [PCN Form A2b]: Transylvania
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Sapphire, NC
11. Project information — Nearest Waterbody [PCN Form 62a]: Lake Toxaway
12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 62c]: Savannah 03060101
Authorization: Section 10 W1 Section 404 F� Section 10 & 404 F1
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit # 3,18
Regional General Permit #
Jurisdictional Determination Request
Pre -Application Request
Unauthorized Activity
Compliance
No Permit Required
Revised 20150602

&earWaLer
Department of the Army
Wilmington District, Corps of Engineers
Attn: Scott McLendon, Chief Regulatory Division
PO Box 1890
Wilmington, NC 28402-1890
-and-
NC DWR, Webscape Unit
Attn: Karen Higgins
512 North Salisbury Street
Raleigh, North Carolina 27604
1, the current landowner/managing partner of the property identified below, hereby authorize
C1earWater Environmental Consultants, Inc. {CEC) to act on my behalf as my agent during the
processing of jurisdictional determination requests and permits to impact Wetlands and Water of
the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10
of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as
needed at the request of the USACE or DWR.
Additionally, l authorize representatives of the Wilmington District, US Army Corps of Engineers
to enter upon the property herein described for the purposes of conducting onsite investigations and
issuing a determination associated with Wetlands and Waters of the US subject tp Federal
jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899.
Property Owner of Record: The Guthy Jackson Trust
Property Owner Address: PO BOX 15185
Beverly Hills, CA 90209
Phone Number: 310-432-5407
Email address:
[e-mail]
Property Location: 123 Bee Tree Way, lake Toxaway, NC 28747
Owner/Managing partner Signature:
owner/Managing printed name:
Date;
Carl Perkins
10.'1.18
32 Clayton Street
Asheville, NC 28801
Phone: [phone]
www.cwenv.eom

P
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io
N
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Q
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I

10/29/2018
Transylvania County - Basic Search
Parcel #: 8512843060000
Basic Search Real Estate Search Tax BIII Search
View Proaerty Record for this Parcel View Tax Bili Information
Parcel #: 8512843060000 Tax Year: 2019 Account #:70472530
Owner Information
Tax Codes
uthy William R && Jackson Victoria Trustees
IC ADVLTAX - COUNTY TAX
1018 Pamela Dr
IFR07ADVLTAX - LK TOX FIRE TAX
Beverly Hills, CA 90201
850,44
Property Information
Township
Land (Units/Type): 1.000 LT
Hogback
[Address:
Unqualified
Deed Information
0
Local Zoning
Date: 01/2018 Book: 00830 Page: 0475
Unqualified
Plat Book: F7 Page. 104
0
Legal Description
2018 WD
Old Ma
B B L96 Bee Tree Way
T101E01008 08 M5.04
ProperrtyValues
BulldIng:
0
BXF:
440
Land:
850,000
Market:
850,44
essed:
850,440
Deferred:
3 005900735 11
Sales Information
No. Book Page Month Year Instrument Qual/Ungual Improved
Price
1 00268 0249 07
1984 WD
Unqualified
Improved
157,500
00547 0627 08
2010 WD
Unqualified
Improved
0
3 005900735 11
2011 WD
Unqualified
Improved
0
007710540 08
2016 WD
Unqualified
Improved
0
00830 0475 01
2018 WD
Unqualified
Improved
3,000,000
View roperty
Record for this Parcel
View Tax
Bill Information
CC Return to Basic Searc
Sales Search Help
TMNSYiYANU
COUNTY
NORTH QAROJiNA
Transylvania County Web Site
All information on this site is prepared for the inventory of real property found within Transylvania County. All data is compiled from recorded
deeds, plats, and other public records and data. Users of this data are hereby notified that the aforementioned public information sources
should be consulted for verification of the information. All information contained herein was created for the Transylvania County's internal use.
Transylvania County, its employees and agents make no warranty as to the correctness or accuracy of the information set forth on this site
whether express or implied, in fact or in law, including without limitation the implied warranties of merchantability and fitness for a particular
use.
If you have any questions about the data displayed or technical problems related to this website, please email Jessica McCall
1.7.95.271
haps://tax.transylvaniacountyorgNiew.aspx?pdd=1843474 1/1

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the Corps: Q Section 404 Permit ❑ Section 10 Permit
ib. Specify Nationwide Permit (NWP) number: 3,18 or General Permit (GP) number.
1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
© 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record
For the record only for DWQ
For the record only for Corps Permit:
because written approval is not required?
401 Certification:
Lake Toxaway
2d. Subdivision name:
Lake Toxaway Country Club
❑ Yes 0 No
❑ Yes
0 No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
3g. Fax no.:
n/a
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
❑ Yes
❑X No
or in -lieu fee program.
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
❑ Yes
Q No
below.
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
© No
12. Project Information
2a. Name of project:
Sandyland Cove
2b. County:
Transylvania
2c. Nearest municipality/ town:
Lake Toxaway
2d. Subdivision name:
Lake Toxaway Country Club
2e. NCDOT only, T.I.P. or state project no:
n/a
13. Owner Information
3a. Name(s) on Recorded Deed:
William Guthy and Victoria Jackson Trustees
3b. Deed Book and Page No.
8301475
3c. Responsible Party (for LLC if
applicable):
n/a
3d. Street address:
1018 Pamela Dr
3e. City, state, zip:
Beverly Hills, CA 90201
3f. Telephone no.:
310-432-5407
3g. Fax no.:
n/a
3h. Email address:
n/a
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
® Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. AgentlConsultant Information (if applicable)
5a. Name:
Mr. Clement Riddle
5b. Business name
(if applicable):
Clearwater Environmental Consultants, Inc.
5c. Street address:
32 Clayton St
5d. City, state, zip:
Asheville, NC 28801
5e. Telephone no.:
828-698-9800
5f. Fax no.:
nla
5g. Email address:
[e-mail]
Page 2 of 10

B. Project Information and Prior Project History
1. Property identification
1a. Property identification no. (tax PIN or parcel ID):
8512-84-3060-000 and 8512-84-2354-000
1b. Site coordinates (in decimal degrees):
Latitude: 35.125083 Longitude: -82.952222
1 c. Property size:
10.944 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Lake Toxaway
2b. Water Quality Classification of nearest receiving water:
B; Tr
2c. River basin.
Savannah 03060101
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project site is comprised of two residential lots. The project site Includes a demolished home -site, associated driveway and infrastructure, two
existing docs, and existing lake walls. The project site is located at the Lake Toxaway Country Club and land use in the vicinity is residential. Photos
of existing site conditions are included (Attachment A).
3b. List the total estimated acreage of all existing wetlands on the property: 0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0
3d. Explain the purpose of the proposed project:
See supplemental information.
3e. Describe the overall project in detail, including the type of equipment to be used:
See supplemental information.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the ❑ Yes Q No ❑ Unknown
Corps or State been requested or obtained for this property 1
project(including all priorphases) in thepast? Comments:
4b. If the Corps made the jurisdictional determination, what type ❑ Preliminary ❑ Final
of determination was made?
4c. if yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for X❑Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
See supplemental information.
6. Future Project Plans
6a. Is this a phased project? ❑ Yes Q No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed impacts Inventory
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
1. Impacts Summary
3g.
Impact
length
(linear
feet)
S1 -
Choose one
1a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑ Streams —tributaries ❑ Buffers Q Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 -
Choose one
Choose one
Choose one
YeslNo
-
W2 -
Choose one
Choose one
Choose one
Yes/No
-
W3
Choose one
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
YeslNo
-
2g. Total Wetland Impacts:
2h. Comments.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 -
Choose one
S2 -
Choose one
S3 -
Choose one
S4 -
Choose one
S5 -
Choose one
_
S6 -
Choose one
_
3h. Total stream and tributary impacts
3i. Comments:
Page 4 of 10
PCN Form —Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
Choose one
Yes/No
impact number
(if applicable)
Type of impact
Waterbody
Area of impact (acres)
Permanent (P) or
B3 -
type
Temporary T
B4 -
01 P
Lake Toxaway
Fill
Lake
0.008
02 P
Lake Toxaway
Bulkheads
Lake
0.014
03 P
Lake Toxaway
Fill
Lake
0.007
04 -
6h. Total Buffer Impacts:
Choose one
Choose
4f. Total open water impacts
0.029
4g. Comments:"' rep Wanes u ie waft exWnsv,l VIM is a new Prnpaci. uc represents oac"11 of lana to exvend new dock for cpm and is a new
impact. 03 represents new impacts of lake wall replacement and swim steps. 04 represents new impacts of dock rebuild.
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
(acres)
Flooded Filled Excavated Flooded
Filled Excavated
P1
Choose one
6g.
Zone 2
impact
(square
feet
131 -
P2
Choose one
Yes/No
5f. Total:
132 -
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
6c.
Reason for impact
5j. Size of pond watershed (acres):
fie. '
Buffer
mitigation
required?
5k. Method of construction:
6g.
Zone 2
impact
(square
feet
braImpacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
fie. '
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
131 -
Yes/No
132 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
YestNo
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Lake wall, stairs and dock rebuild is in the location of existing structures.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Dock piers will be pile -driven. Concrete will not be used during construction and lake wall will be constructed using boulders, washed stone, and filter
fabric. A silt curtain will be installed to catch turbidity caused by construction. See detail drawing S2.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ❑ Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this ❑ payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete If Using a Mitigation Bank
3a. Name of Mitigation Bank:
Type: Choose one Quantity:
3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity:
Type: Choose one Quantity:
3c. Comments:
4. Complete if Makina a Pavment to In -lieu Fee Proaram
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete If Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) —required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
Yes ©No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑ Yes © No
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
15
2b. Does this project require a Stormwater Management Plan?
❑ Yes Q No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
The project is less than 24% impervious.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which localgovernment's jurisdiction is this project?
❑ Phase Il
3b. Which of the following locally -implemented stormwater management programs
❑ NSW
apply (check all that apply):
❑ USMP
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4. DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a. Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
[-]Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑X Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
© Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federallstate/local) funds or the
❑ Yes
® No
use of public (federal/state) land?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPAISEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (if so, attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
[]Yes
❑X No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after -the -fact permit application?
❑Yes
® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
X❑ No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The project includes the development of a single-family residence. The project would not result in additional impacts that could impact nearby
downstream water quality.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
On-site wastewater will be treated by a septic system.
Page 9 of 10
PCN Form —Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes Q No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
FWS county data and Natural Heritage Program GIS data. Additionally, CEC consulted the FWS's "Northam Long -Eared Bat Consultation Areas" map
for Transylvania County. The project is not located within a county with any known occurrences of hibernacula or maternity sites.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes Q No
Bb. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
South Atlantic Habitat and Ecosystem IMS. Impact will not occur in a marine system.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ❑ Yes 0 No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
National Register of Historic Places records maintained by the NC State Historic Preservation Office (SHPO). It is the opinion of CEC, that the
proposed project is not likely to threaten the integrity of nearby historically regulated sites as they occur >1 mile from the project site.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain? Q Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
The proposed project must comply with Transylvania County's Flood Damage Prevention Ordinance which applies to lands within the 100 -year
floodplain. The project does not include above -grade fills.
8c. What source(s) did you use to make the floodplain determination?
NC Floodplain Mapping Program. Map panel 37008512200J (effective April 19, 2010).
ApplicantlAgents Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

Supplemental Information
Section B.
3d
The purpose of the proposed project is to extend an existing dock with associated backfill of
shoreline, shoreline wall improvements, rebuild a dock using existing footprint, and dredging.
Impact 1 includes the dock extension which will impact approximately 350 square feet of existing
lake. Impact 2 includes the lake wall improvements and swim steps will replace approximately
615 square feet of existing lake wall. Impact 3 includes the rebuild of existing dock and will be
constructed with the same footprint as the existing dock, temporarily impacting approximately 318
square feet. Dredging will be conducted from existing wall along the length of the project area
(approx. 260) using a long -reach backhoe. All dredging work will be conducted from high ground
and spoils will be immediately hauled off-site to an upland location. See impact drawing S2.
3e
The dock rebuild and extension will be constructed using a heavy block foundation, 8"x8" driven
pilings, on 8' centers and anchor bolts with picture frame IPE decking. The existing lake rock
walls and swim steps will be replaced with a securely stacked boulder wall and backfilled with
washed stone and filter fabric. See detail drawing S2.
5b
A Nationwide Permit was issued for the adjacent project site in 2012 (Action ID 2012-00042).
However, none of the proposed work at the site was completed and the permit application was
revised, expanded, reapplied for in 2015 (Action ID 2015-00873). The previous permit
authorization is included for review in Attachment B.

Sandyland Cove

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North Carolina Figure 2
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792

Sandyland Cove

Sandyland Cove
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224 South Grove Sheet, Suite F
Hendersonville, North Carolina 28792

Sandyland Cove

123 BEE TREE WAY
EXISTING CONDITIONS 9-26-18
SHEET S1
LAKE TOXAWAY, NC
123 BEE TREE WAY
SHORELINE PLAN 10-30-18
SHEET S2
LAKE TOXAWAY, NC
Attachment A

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v yrs?
Photo 3. View of existing rock wall to be replaced with dry stack boulders, crushed stone and
filter fabric.
Photo 4. View of existing damaged rock wall.

Photo 5. View of existing dock to be extended and northern corner of parcel and project area.
Photo b. Additional view of existing dock to be extended.

71
Photo 7. Additional view of existing dock to be extended 30' parallel with existing dock planks
requiring the shoreline to be backfilled with approximately 650 cubic feet of fill.
Photo S. View of existing dock to be replaced.

Photo 9. Additional view of dock to be replaced and rock wall to be replaced.
Photo 10. View of existing trees that will not be disturbed during construction.

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2015-00873 County: Transylvania U.S.G.S_ Quad: Lake Toxaway
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: William Guthy and Victoria Jackson
Address: 1018 Pamela Drive
Beverly Hills, CA 90210
Telephone Number: 310-432-5407
Size (acres): 4;4 Nearest Town: Lake Toxawav
Nearest Waterway: Lake Toxawav (UT Deep Ford Creek) Coordinates: 35.125975 N, 82.953258 W
River Basin/ HUC: Seneca (03060101)
Location description The proposed prolect site is located on a tract of land fPINs 8512-34-4304,8512-84-231& 8512-84-1256
8512-84-4304. and 8512-84-5224) between Bee Tree Way and Red Bird Circle at 74 Red Bird Circle in Lake Toxaway.
Transylvania County North Carolina.
Description of projects area and activity: This permit verification authorizes 352 linear feet of permanent open water impacts to
Lake Toxaway associated construction of a boat slip, stens for lake access and repair and replacement of a shoreline
stabilization wall.
Applicable Law: ® Section 404 (CIean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 3 and 29
SEE ATTACHED RCP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated April 21, 2015. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
1 administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is modified,
suspended or revoked. if, prior to the expiration date identified below, the nationwide/regional permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide/regional permit. if the nationwide/regional permit authorization expires or is suspended, revoked, or is
modified, such that the activity would no longer comply with the terms and conditions of the nationwidelregional permit, activities
which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide/regional
permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide/regional penin it's
expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or
revoke the authorization.
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.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact D Town at 828-271-7980, ext. 232 or [e-mail].
Corps Regulatory OfTcia ' r� Date: May 29, 2015
David Brown
Expiration Date of Verification: March 18, 2017

Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID: SAW -
Basis for Dctermination:
There are open waters located on the property that exhibit indicators of ordinary high water marks. The open waters on the
property are known as Lake Toxaway, an impoundment of the Toxaway River, including an unnamed tributary (UT) of Deep
Ford Creek at this project site. The UT of Deep Ford Creek, traditional navigable waters (TNW) at Lake Toxaway, flows
into Deep Ford Creek (TNW at Lake Toxaway), which flows into the Toxaway River (TNW at Lake Toxaway), then flows
into the Keowee River (TNW), and empties into the Seneca River (TNW). The Seneca flows into the Savannah River
(TNW), a Section 10 River, which empties into the Atlantic Ocean. The UT of Deep Ford Creek, in the permit area, has
perennial flow and exhibit indicators of ordinary high water mark. This jurisdictional determination is valid for the impact
areas only.
Remarks: None
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in 6
and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. Ifyou object to this
detcrmination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Inclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn:.iason Steele, Review Officer
60 Forsyth Street SW, Room I OM 15
Atlanta, Georgia 30303-8801
Phone: [phone]I37
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by July 28, 2015.

"It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.*
Corps Regulatory Official:
David Brown
Issue Date of JD: May 29, 2015
Expiration Date of JD: Five years from Issue Date
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at http://regulgtory.usacesurvev.com/.
Copy furnished:
ClearWater Environmental Consultants, Inc., Attn.: Rebekah Newton, 224 South Grove Street, Suite F, Hendersonville, NC 28792