20181463 Ver 1_Denial_20190808

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
August 8, 2019
DWR # 2018-1463
Transylvania County
CERTIFIED MAIL: 7019 0700 0000 8867 5749
RETURN RECEIPT REQUESTED
Cyndi P. Trostin, Trustee
208 S LaSalle St., Suite 1650
Chicago, IL 60604
Subject: DENIAL of 401 Water Quality Certification Application
New Boulder Retaining Wall (Seawall) & Sediment Removal
Dear Ms. Trostin:
On October 26, 2018, the Division of Water Resources (Division) received your application,
requesting a 401 Water Quality Certification from the Division for the subject project. On
November 1, 2018, the Division determined that your application was incomplete and
requested additional information on the subject project. As of the date of this letter, the
applicant has not provided a complete response to this request. Therefore, the Division cannot
certify that the subject project will comply with Sections 301, 302, 303, 306, and 307 of the
federal Clean Water Act.
In accordance with 15A NCAC 02H .0507(e), your application for a 401 Water Quality is hereby
denied. Once you have addressed all of the items listed in the request for additional
information, you may reapply to the Division, including a complete application package and the
appropriate fee.
The Division's decision can be contested as provided in Chapter 150B of the North Carolina
General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North
Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements
for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title
26 of the North Carolina Administrative Code. Additional information regarding requirements
for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling
the OAH Clerk's Office at [phone].
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 2 769 9-1617
919.707.9000

New Boulder Retaining Wall (Seawall) & Sediment Removal
D W R# 2018-1463
Denial of Application
Page 2 of 2
One (1) copy of the Petition must also be served to the North Carolina Department of
Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, INC 27699-1601
Please be aware that you have no authorization under Section 401 of the Clean Water Act for
this activity and any work done within waters of the State or riparian buffers may be a violation
of North Carolina General Statutes and Administrative Code.
Please contact Kevin Mitchell at 828-296-4650 or [e-mail] if you have any
questions or concerns.
Sincerely,
Linda Culpepper, Director
Division of Water Resources
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\Holcomb New Boulder Seawall\08082019_ NewBoulderRetainingWall&SedimentRemoval.docx