20150422 Ver 1_More Info Requested_20150603

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 3, 2015
CWT Properties, LLC
Attn: James Turner
1874 West Club Blvd.
Lake Toxaway, NC 28747
Subject: REQUEST FOR ADDITIONAL INFORMATION
CWT Properties Seawall & Boathouse — Turner Residence
Dear Mr. Turner:
Donald R. van der Vaart
Secretary
DWR # 15 -0422
Transylvania County
On April 28, 2015, 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. Provide photos of the proposed area to be stabilized including justification for the
seawall structure. The photos should include some form of scale in order for the
Division to determine the height and extent of the eroded bank.
2. Provide additional information regarding how much vegetation will be removed
including a planting plan for re- establishing the trout buffer.
3. The proposed structure, stacked preformed concrete, is not considered an acceptable
stabilization method for the stabilization of existing shoreline. This method does not
provide energy dissipation to protect adjacent properties and does not provide
interstitial spaces for wildlife habitat. Please refer to the Duke Energy Shoreline
management Guidelines found here (https://www,duke-
energy.com/pdfs/`­lakeshoremgmt guide final 8.19.03.pdf ) for criteria regarding the
stabilization of lake. shorelines. (This document was promulgated by signature of the
Department of Environment Natural Resources Secretary of the Environment in the
Federal Electric Licensing Commission (DPNA) Settlement Agreement as part of the
relicensing of Impoundments controlled by Duke Energy. It lays out the expectations of
the agencies involved with regard to shoreline management.) Please modify your plans
to include a "dry stack' stone stabilization (which does not require grouting nor
Division of Water Resources - ARC
2090 U.S. Hwy 70, Swannanoa, NC 28778
Phone: [phone] \FAX: 828 - 299 -7043
Internet: www.ncwaterquality.org
M Equal Oppodunityl Anlrmarve Aollon Employer — Madero part by recycled part,

CWT Properties, LLC
D W RM 15 -0422
Request for Additional Information
Page 2 of 2
supporting concrete) or provide rational as to why this preferred method forth e
stabilization of eroded banks greater than 3 vertical feet is impractical.
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. If all of the requested information
is not received by June 26, 2015, the Division will be unable to approve the application and it
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.
Please respond in writing by June 26, 2015 by sending three copies of all of the above
requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh,
INC 27699 -1617.
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.
Please contact Tim Fox at 828 - 296 -4464 or tim.fox(@ncdenr.eov if you have any questions or
concerns.
S
Fo2 .G.
Wa ter Quality Regional Operations
Asheville Regional Office
cc: Terry Allen —T. E. Allen Engineering (via email)
David Brown - USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
DW R ARO RO 401 files
DWR 401 & Buffer Permitting Unit
G: \WR \WQ \Transylvania \401s \Non- DOT \Turner Residence Seawall & Boathouse CWT
Properties\ ADDINFO. 401TurnerResidence5eawall &Boathousek6- 3- 2015.docx