20170536 Ver 2_DWR After the Fact Permit on hold_20190123

NIG
Water Resources
Environmental Quality
May 18, 2017
EFA Properties, LLC
Attn: Lee & Suzie Terrel
20 Pelham Dr.
Metarie, LA 70005
ROY COOPER
Gn rr+or
MICHAEL S. REOAN
Seaeany
S. JAY ZIMMERMAN
Director
DWR Project # 17-0536
Transylvania County
Subject: Request For Additional Information
After the Fact Permitting for Additional Fill for New Boulder Seawall for
Lee and Suzie Ferrel
Response Due: June 19, 2017
Dear Mr. and Mrs. Ferrel:
On May 1, 2017, the Division of Water Resources (Division) received your application dated
April 12, 2017, requesting an After the Fact 401 Water Quality Certification from the Division
for the subject property. The Division has determined that your application is incomplete and
cannot be processed. The application is on -hold until the following information is received:
1. The Division received correspondence from The Van Winkle Law Firm representing the
Lake Toxaway Community Association, Inc. (LTCA) indicating that the new seawall and
fill has encroached up to approximately 23 feet onto the LTCA's property without
consent (see attached letter and survey). In accordance with Title 15A NCAC 02H .0502
(f), please provide documentation from the LTCA that you have authorization to place fill
on LTCA property. [15A NCAC 02H.0502 (f)].
Pursuant to Title 15A NCAC 02H.0502 (c), the applicant shall famish all of the above requested
information for the proper consideration of the application. If all of the requested information is
not received within 30 calendar days, of receipt of this email, the Division will be unable to
approve the application andit will be returned. The return of this project will necessitate
reapplication to the Division for approval, including a complete application package and the
appropriate fee.
You may provide your response via email or mail to the address noted below.
State oi'Nonh Carolina I Environmental Quality I Fater Resnarri
2090 U.S. Highway 70, Swannaaoa, North Ca'olinn 28078
828 296-1500

New Boulder Seawall for Lee & SaAe Terrel
Page 2 of 2
Should you have any questions regarding these matters, please contact Kevin Mitchell at (828)
296-4650 or [e-mail].
Sincerely,
�-an
Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosure: LTCA Letter
cc: David Brown - USACE (email copy)
Stan Aiken - DEMLR (email copy)
Andrea Leslie - NCWRC (email copy)
Karen Higgins - 401 & Buffer Permtting Unit
Terry Allen - T.E. Allen Engineering, P.C. (email copy)
Craig Justus - Van Winkle, Buck, Wall, Starnes, & Davis, P.A.
ARO File Copy
G \WR\WQ\Transylvania\401s\Non-DOT\TemiI Seawall - Lake Toxaway\451 Southeast Shore Drive Lake Toxaway\Addlnfo Terrel Seawall
5.182017.docx

THE
VAN WINKLE
LAW FIRM
Wit of Extension: 2404
WrZe Faraarile: 828.257-2n3
Writer's E-mail: c ustu @@ lawf r .com
March 27, 2017
Via email and regular mail
Kevin Mitchell
Environmental Specialist
NCDENR
2090 U.S. Hwy 70
Swannanoa, NC 28778
kevin.mitchell®ncdem.gov
RE: Lake Toxaway - EFA Properties, L.L.C. ("EFA")
451 SE Shore Drive, Lake Toxaway
Dear Kevin:
I represent Lake Toxaway Community Association, Inc. ("LTCA"), the property
owner's association for the Lake Toxaway Estates development. LTCA is the owner of
the property comprising Lake Toxaway. I am Writing today in regards to EFA's request
to your agency [and the US Army Corps of Engineer] for authorization to construct a
proposed "sea wall" in relation to Lake Toxaway. My client wants to be sure that you
were aware that EFA does not have consent of LTCA to construct a sea wall into Lake
Toxaway, especially the project that you recently scrutinized in your February 2, 2017
Notice of Violation ("NOV"). We believe the boundaries of the EFA lot we shown on the
attached survey prepared by E. Roger Raxter, which survey is referenced in the deed of
conveyance to EFA. Attached hereto is a drawing prepared by Sprinkle Surveying, which
shows that EFA has encroached up to approximately 23 feet onto my client's property
with a new wall and substantial fill. Sprinkle's drawing is based on the Raxter survey.
We have asked EFA to immediately remove the wall and the fill from LTCA's property.
As a result of USACE's involvement, David Brown is being provided a copy of
this letter. Again, EFA does not have the authorization from LTCA to encroach into Lake
Toxaway, including the placement of the existing sea wall and fill. I noticed in your NOV
that you provided an option for EFA to obtain federal and state permits for the "existing
fill." We request that this option be removed since EFA does not have LTCA's consent
to keep the "existing fill" and wall at their current location.
11 North Market Street, Asheville, NC 3BBOI I PO Box' 7376, Asheville. NC 28802 1 (828)2582991
422 South Main Street, Hendersonville. NC28792 1 [phone]
www.vwlawlloncom

Kevin Mitchell
March 27, 2017
Page 2
If you have any questions concerning the content of this letter, please do not
hesitate to contact me.
Sincerely,
VAN WINKLE, BUCK, WALL,
STARNES AND DAVIS, P.A.
044-b D. J"I"
(Signed Electronically)
Craig D. Justus
CDJ/ca
Enclosures
cc: Client - via email
David Brown, PG - USACE - david.w.brown®usace.army.mil
4825-0525-0586, v.7
The Van Winne Lew Firm

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