20240843 Ver 1_More Info Received_20240819

Baker, Caroline D
From: Jeff Levi <[e-mail]>
Sent: Monday, August 19, 2024 1:44 PM
To: McDonnell, Jesse M
Subject: Re: [External] Re: DWR20240843 Additional Information Requested
Attachments: 2024-08-15 Buffer Impacts Exhibit.pdf, Lennar Imagery Dock Pile Letter 12224.pdf,
20240843_Imagery Marina_Gaston_addinfoSG2.docx.pdf
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Hi Jesse,
We have reviewed your comments on the Imagery Marina Buffer Authorization application and our
responses are in blue below. There is also a revised exhibit and additional documentation attached:
1. Provide verification that the U.S. Army Corps of Engineers has been notified of this project and
provide a copy of the response to the Division.
Completed
2. Page 5 of 6 carries the signature of Jeff Levi. In order for Jeff Levi to sign the application, the
package requires an agent authorization letter from the applicant. A sample agent authorization
letter has been attached for your convenience. [15A NCAC 02H .0502(f)]
Completed
3. Please provide more details regarding avoidance and minimization of buffer impacts for this
project. [15A NCAC 02B .0611 (2)(B)]
a. The boardwalk and dock located furthest east on the plans does not appear to be
necessary. Please eliminate the boardwalk and dock or provide additional
information as to why it is necessary for this project.
- This boardwalk and dock are for the proposed kayak launch. A label
has been added to the Buffer Impact Exhibit for clarity (attached). The kayak
launch is not connected to the dock to the west because Duke has
requested we minimize the amount of shoreline that is obstructed by
docks and boardwalks parallel to the shoreline.
b. This Office believes that the boardwalk located furthest west on the plans can be
moved or reconfigured to minimize the impacts to the buffer. Please revise the
plans to minimize the impacts or provide a detailed explanation of why this plan for
the activity cannot be practically accomplished, reduced or reconfigured to better
1

minimize disturbance to the buffer, such as using steps down to the waterfront in
lieu of the meandering path.
- The boardwalk will be on pilings above the existing ground to
minimize disturbance. There are currently stairs in use to accomplish
this. If the path is moved to be more direct, the ground would need
to be graded to keep stairs away from the shoreline (requested by
Duke) and the boardwalk above the ground, ultimately, causing
more impacts.
4. Please confirm that dredging will not be required for the installation of the floating docks.
- No dredging is proposed. See attached documentation which was reviewed by USACE showing no dredging
or use of concrete proposed in the lake to construct the floating docks. Pilings will be driven into the lakebed
until refusal.
5. Please specify the width of the boardwalk, including shoulder width, and building material.
- The boardwalk is 6' with no shoulder as it is sitting above the ground
on pilings. The material will be either composite or wood to be
determined by Lennar.
6. Based on aerial imagery, the site is heavily wooded. Please provide details for any temporary
impacts that will occur to Zone 1 and Zone 2 of the riparian buffer. Provide a detailed buffer
restoration plan for review where the temporary impacts will occur for this project. Please
ensure that the plan complies with all the applicable buffer restoration criteria established in
15A NCAC 02B .0295(n).
- There are no temporary impacts on this project. Within the
permanent impacts area, brush, vines and small trees (<12 in.
diameter) may be hand -cleared and cut flush with the ground
surface. No trees larger than 12 in diameter will be removed. Trees
removed between 6-12 in. diameter will be replanted at a 2:1
ratio using native species. Existing trees may be limbed up to
6 feet (at least 2/3 of the branches should be left) to improve
visibility, constructability, and adequate height clearance for
pedestrians.
- The contractor will coordinate with the Erosion Control
inspector if any adjustments to the proposed path alignment need to
be made to preserve trees larger than 12 in. diameter. No heavy
machinery will be used to clear the area or install the boardwalks.
7. Note that Zone 1 of the buffer begins at the 647.5 contour line and continues 30' landward.
Zone 2 begins at the edge of Zone 1 and continues an additional 20' landward. Please correct
impact calculations for Zone 1 and Zone 2 of the buffer.
Fil

The buffers and calculations have been corrected on the attached Buffer
Impact Exhibit.
BUFFER IMPACTS:
Zone 1 (Temporary): 0 sf
Zone 1 (Permanent): 866 sf
Zone 2 (Temporary): 0 sf
Zone 2 (Permanent): 509 sf
On Fri, Aug 9, 2024 at 7:57 AM McDonnell, Jesse M <iesse.mcdonnellCcbdeq. nc.gov> wrote:
Jeff,
Thank you for the quick response. The agent authorization you provided and USACE response is what we
needed regarding that. For some reason the agent authorization form did not make it into the file for
review, but I will upload this copy.
I look forward to seeing responses from the additional questions.
Thankyou,
Jesse
Jesse McDonnell
Environmental Specialist ll, Mooresville Regional Office
North Carolina Department of Environmental Quality, Division of Water Resources
Office: [phone]
iesse.mcdonnellCbdeq.nc.gov

D- E
NORTH CAROLINA 7..� Q
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Jeff Levi <[e-mail]>
Sent: Thursday, August 8, 2024 2:45 PM
To: McDonnell, Jesse M <[e-mail]>
Subject: [External] Re: DWR20240843 Additional Information Requested
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Hi Jesse,
Thank you for your response today for the Imagery Marina project. We are looking into your comments
about the specifics but wanted to see if the Agent authorization form that was submitted along with the
application (through the online submittal process) is sufficient. I've attached it here in case it did not get
attached to the application.
Also, I have attached the email response from USACE which involved discussions and information
review with Douglas Perez and Samantha Dailey in the Charlotte USACE office.
We will follow up with information addressingyour additional questions/comments.
Thankyou,

Jeff
On Thu, Aug 8, 2024 at 1:44 PM McDonnell, Jesse M <iesse.mcdonnellCcbdeq.nc.gov> wrote:
Please see attached agent authorization from for your convenience.
Thankyou,
Jesse
Jesse McDonnell
Environmental Specialist ll, Mooresville Regional Office
North Carolina Department of Environmental Quality, Division of Water Resources
Office: [phone]
iesse.mcdonnell0bdeq.nc.gov
DE QNORTH CAROLINA 77,.
Department o1 Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: McDonnell, Jesse M
Sent: Thursday, August 8, 2024 1:38 PM
To: '[e-mail]' <[e-mail]>
Cc:'[e-mail]' <[e-mail]>
Subject: DWR20240843 Additional Information Requested

Mr. Cooper,
The Division has determined that your application for Imagery Marine is incomplete and cannot be
processed. The application is on -hold until all of the information is received requested in attached
letter.
If you have any questions or concerns, please do not hesitate to contact me.
Thankyou,
Jesse
Jesse McDonnell
Environmental Specialist ll, Mooresville Regional Office
North Carolina Department of Environmental Quality, Division of Water Resources
Office: [phone]
Jesse.mcdonnell0bdeq.nc.gov
ec����DEQ�
NORTH CAROLINA -
Department of Environmental Duality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.

Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an
authorized state official.
Jeff Levi
Wetlands & Environmental Planning Group
Leonard S. Rindner, PLLC
828-699-3697
Jeff Levi
Wetlands & Environmental Planning Group
Leonard S. Rindner, PLLC
828-699-3697