HomeMy WebLinkAbout20230040 Ver 1_More Info Received_202302031
Anderson, Mitchell L
From:Charles Raether <charlesraether1@gmail.com>
Sent:Monday, January 30, 2023 10:25 PM
To:Anderson, Mitchell L
Subject:[External] Re: DWR 23-0040 Raether Property Shore Reinforcement Lake Nantahala, 5 Indian Lake
Rd_ Additional Information Request
Attachments:Sketch for response to info request.pdf
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Good morning,
In response to your earlier email, please see our responses below:
1. Please provide a description of how work will be conducted, what type of equipment will be used, a description of
any impacts to the protected Trout Buffer, and a description of measures proposed to ensure compliance with NC
Water Quality Standards . [15A NCAC 02H .0502(a)(9)]
The work will be done using a Bobcat T870 rubber tracked loader and Bobcat E85 rubber‐tracked excavator. We will be
using an old road bed along the shoreline for bringing in equipment and materials. The primary vegetation is grass. No
large shrubs or trees or any size exceeding 1/4 inch diameter will be disturbed or removed whatsoever. Once
construction is complete the area will immediately be reseeded to minimize any possible erosion.
There will be no disturbance to the protected Trout Buffer, and visible siltation will be kept within the 25% of the buffer
zone nearest the land‐disturbing activity. We believe the attached drawing addresses these issues.
Plans received with your application do not indicate the location or type of planned erosion control measures (silt
fencing, temporary or permanent ground cover). Please indicate the type and location of any planned sedimentation
and erosion control measures proposed for the control of any 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]
A silt fence will be installed spanning the length of the work along the shoreline to protect against any runoff. Please see
the attached drawing reflecting these measures and the work as it is planned to be executed.
Any disturbed ground cover will be recovered by reseeding any areas disturbed during construction. As noted above, no
sizeable vegetation will be disturbed or removed during the work, thereby eliminating any material risk of erosion onsite
and ensuring compliance with the regulatory requirements.
Please let us know of any further questions you might have in reviewing our application.
Best,
Charles Raether
2
On Fri, Jan 13, 2023 at 10:56 AM Anderson, Mitchell L <mitchell.anderson@ncdenr.gov> wrote:
Hello,
On January 10, 2023, 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. The application received indicates work will be conducted from the land. Please provide
a description of how work will be conducted, what type of equipment will be used, a
description of any impacts to the protected Trout Buffer, and a description of measures
proposed to ensure compliance with NC Water Quality Standards . [15A NCAC 02H .0502(a)(9)]
2. Plans received with your application do not indicate the location or type of planned
erosion control measures (silt fencing, temporary or permanent ground cover). Please indicate
the type and location of any planned sedimentation and erosion control measures proposed for
the control of any 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]
Please note, Lake Nantahala is classified Trout Waters and is subject to North Carolina Trout Buffer requirements. Such
requirements are enforced by the Division of Energy, Mineral, and Land Resources (DEMLR). Below are links to
information regarding the Trout Buffer. Please contact Stan Aiken – NCDEMLR (stan.aiken@ncdenr.gov) with questions
related to these requirements.
Trout Buffer FAQ:
https://files.nc.gov/ncdeq/Environmental%20Assistance%20and%20Customer%20Service/Permit%20Assistance/DEML
R%20Buffer%20Document.pdf
Trout Buffer Variance Information:
https://files.nc.gov/ncdeq/Environmental%20Assistance%20and%20Customer%20Service/Permit%20Handbook%20Do
cuments/2016_Revisions/Water%20Trout%20Buffer%20Variance.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 email all requested documents
to mitchell.anderson@ncdenr.gov .
3
Mitchell Anderson
Environmental Specialist, Division of Water Resources
North Carolina Department of Environmental Quality
Office: 828‐296‐4662
mitchell.anderson@ncdenr.gov