HomeMy WebLinkAbout20201952 Ver 1_More Info Requested_202111301
Anderson, Mitchell L
From:Anderson, Mitchell L
Sent:Tuesday, November 30, 2021 4:59 PM
To:mkleive@gmail.com
Subject:DWR 20201109 Kleive, 371 Big Tree Way, McDowell County
Hello Mr. Kleive,
On November 07, 2021, the Division of Water Resources (Division) received your application requesting a 401
Water Quality Certification from the Division for the subject project, with the appropriate fee
received on November 09, 2021. The Division has determined that your application is incomplete and cannot
be processed. The application is on‐hold until all of the following information is received:
1. Please provide an updated impact calculation. [15A NCAC 02H .0502(a)(4)]
Plans received on November 07, 2021 indicate 100 linear feet of rock shoreline stabilization installed 4 feet
above and 3 feet below the normal lake level. This would calculate to 400 square feet of impact above and 300
square feet below the normal lake level.
The aforementioned plans also include an additional temporary impact of 1,000 square feet upland of the
proposed riprap.
The shoreline stabilization application received on November 07, 2021 proposes impacts of 1,000 square feet
above and 100 square feet below normal lake level.
Please provide the total amount of disturbance below the normal pool lake level:
Temporary: Include all clearing for construction corridors, etc. expressed in square feet.
Permanent: Include all clearing, back fill, excavation, rip rap, retaining walls, and the like expressed in
square feet.
Please provide the total amount of disturbance above the normal pool lake level:
Temporary: Include all clearing for construction corridors, etc. expressed in square feet.
Permanent: Include all clearing, back fill, excavation, rip rap, retaining walls, and the like expressed in
square feet.
2. Please provide a Catawba Buffer Authorization from the local delegated municipality to document that
impacts to the protected riparian buffer are in accordance with the approved local ordinances. [15A
NCAC 02B .0614(9)(a)(ii)]
Plans received on November 07, 2021 indicate 1,300 square feet of impacts to Zone 1 of the Catawba River
riparian buffer. McDowell County has delegated authority for implementing and enforcing the Catawba River
riparian buffer protection program within their jurisdiction. Please contact McDowell County and provide
proof of authorization to DWR for the proposed impacts the Catawba Buffer.
2
http://reports.oah.state.nc.us/ncac/title%2015a%20‐
%20environmental%20quality/chapter%2002%20‐
%20environmental%20management/subchapter%20b/15a%20ncac%2002b%20.0614.pdf
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for
the proper consideration of the application. Please respond in writing within 30 calendar days. If all of the
requested information is not received within 30 calendar days of receipt of this letter, the Division will be
unable to approve the application and it will be denied as incomplete. The denial of this project will
necessitate reapplication to the Division for approval, including a complete application package and the
appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this activity
and any work done within waters of the state may be a violation of North Carolina General Statutes and
Administrative Code.
All requested documentation may be submitted electronically by emailing mitchell.anderson@ncdenr.gov .
Thank you,
Mitchell Anderson
Environmental Specialist – Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ – Division of Water Resources
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
828-296-4662 office
mitchell.anderson@ncdenr.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties