HomeMy WebLinkAbout20221389 Ver 1_More Info Requested_202211171
Anderson, Mitchell L
From:Anderson, Mitchell L
Sent:Thursday, November 17, 2022 1:53 PM
To:Vera Sparks
Cc:barter.jw@gmail.com; Annino, Amy M
Subject:DWR 22-1389 Barter, 179 Lake Trl. Cullowhee, NC - Request for Additional Information
On October 06, 2022, the Division of Water Resources (Division) received your application requesting a 401 Water
Quality Certification from the Division for the subject project. 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. Proposed impacts for this project were not listed under Section 9 and 10 of the received shoreline stabilization
application. The description within section 7 of this application proposes 65 linear feet of impact associated with
shoreline armoring, however, plans received propose 87 linear feet of impact. Please provide the total amount
of impact proposed for this project and ensure submitted plans reflect the correct amount of impact. [15A
NCAC 02B .0611(b)(1)(f)]
Total amount of disturbance below the normal pool lake level/ normal water level: ____Sqft
(including all clearing, back fill, excavation, rip rap, retaining walls, etc.) 0 square feet)
Total amount of disturbance above the normal pool lake level/ normal water level and 50 feet landward:
____ Sqft
(including all clearing, back fill, excavation, rip rap, retaining walls, etc.)
2. Plans received propose a concert pad adjacent to surface waters. If concrete is used during construction, then all
necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of
the state. Please provide a description of how work will be conducted to ensure compliance with this
requirement. 15A 02H .0506( b); 15A NCAC 02H . 0507( c); 15A NCAC 02B . 0200
3. General Condition II.4 of GC 4502 requires that all construction activities shall be performed and maintained in
full compliance with G. S. Chapter 113A Article 4 ( Sediment and Pollution Control Act of 1973). Regardless of
applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best
Management Practices for the control of sediment and erosion so that no violations of state water quality
standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion
control measures shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual.
Plans received with your application do not indicate the location or type of planned erosion control measures
(silt fencing, temporary and/or permanent ground cover, etc). Please indicate the type and location of all
planned sedimentation and erosion control measures proposed for the control of sediment and erosion onsite
to ensure compliance with General Condition II.4 of GC 4502. [15A NCAC 02H . 0506( b)( 2); 15A NCAC 02H .
0507( c); 15A NCAC 02B . 0200; 15A NCAC 02B . 0231]
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
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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.
Thank you,
Mitchell Anderson
Environmental Specialist, Division of Water Resources
North Carolina Department of Environmental Quality
Office: 828‐296‐4662
mitchell.anderson@ncdenr.gov