20170363 Ver 1_More Info Received - Email_20170513

Strickland, Bev
From: Joanne Mackey <[e-mail]>
Sent: Saturday, May 13, 2017 12:32 PM
To: Annino, Amy M
Subject: Re: Mackey -Benson Lake Access- Riparian Buffer Authorization
Attachments: NOV Response5-17.docx
Amy, here is a revision of the Buffer table, a response to your email and attached a copy of the letter in response
to the NOV as directed in the NOV.
Buffer Table:
P Vehicular Access trail Allowable with mitigation Mitigation required Zone 1 1350 Sq feet
P Deck 12x12 above ground Allowable no Zone 2 144 sq ft
P Gazebo 10x10 above ground Allowable no Zone 2 100 sq ft
P Thinning underbrush to 50% Exempt no Zone 2 2000 Sq ft
P Access trails to water Exempt no Zone 1 and 2 210 sq ft
Restoration Plan: Disturbed areas were previously propagated with woody vegetation and grasses. Vegetation
will be restored in the area that is 30 x 45 feet (1350 sf = .03 acre) at the end of the vehicular access road. This
area along the shore will be planted in November 2017 with bare root wild azalea, ferns, j ack-in-the-pulpit, and
Virginia wild rye. This will be done in accordance with the density rules which would require about 13
bushes/plants in this area (based on 426 in 10 x 10 spacing)in addition to the grass.
Deck and Gazebo will be elevated about pervious ground and installation will not require the removal of trees
larger than 3" DBH.
Thinning of Underbrush, shrubs and limbs up to 50% of individual tree height will be done to enhance a Lake
view. No soils will be disturbed, diffuse flow will be maintained and no stems larger than 3" DBH will be
removed.
Access trails: 2 access trails will be cleared less than 4 feet wide in the buffer. This will not result in removal of
trees and no impervious surface will be added.
In addition, any construction near or around the buffer will be done with additional buffer protection of silt
fencing, which is already in place in most areas
I also have a layman's rendering of a schematic of the area but do not have the capability of scanning it to you
just now. will work on that on Monday! I will attach it by mail with the response to the NOV addressed to
Kevin Mitchell.
If there is anything else please let me know. Thank you for your continued information.
Joanne Mackey Benson
On Fri, May 5, 2017 at 1:49 PM, Annino, Amy M <amy.annino o ncdenr.gov> wrote:
Ms. Mackey -Benson,
In response to your Riparian Buffer Authorization form I have the following comments.

Vehicular Access to road to water —1350 sf in Zone 1(Al Iowa ble with Mitigation, not allowable)
o Vehicular access roads and boat ramps to the surface water but not crossing the surface water that
are restricted to the minimum width practicable and exceed 10 feet in width — Allowable with
Mitigation. Please update your Buffer Table.
■ Any areas that were cleared outside of the 10' access road within Zone 1 of the buffer will
need to be replanted with trees and shrubs. Please submit a Restoration Plan to this office for
review and approval. Additional details on what to include in the plan are on page 2 of the
Notice of Violation.
Construction of Deck / eazebo — 300sf in Zone 2
o Construction is not an item within the approved Table of Use.
Deck and Gazebo — 244 sf in Zone 2 (Allowable, not exempt)
o Construction of accessory structures with a cumulative footprint greater than 150sgft is allowable if
the structures are elevated above pervious ground and that installation does not result in removal of
trees (Review the definition of trees within the Catawba buffer rule). Allowable, not exempt. Please
update your Buffer Table.
■ Please confirm that construction of structures will not result in the removal of trees
■ Please confirm that all structures will be elevated above pervious ground.
Thinning of Underbrush — 2000sf in Zone 2
o Thinning of underbrush, shrubs, and limbs up to 50% of individual tree height to enhance a lake view
provided soils are undisturbed, diffuse flow is maintained and no stems of woody vegetation larger
than 3" DBH are removed. Exempt.
o Thinning of underbrush, shrubs, and limbs above 50% of individual tree height to enhance a lake
view provided soils are undisturbed, diffuse flow is maintained and no stems of woody vegetation
larger than 3" DBH are removed. Allowable.
■ Please clarify your proposed use within the Buffer Table .
Access Trails to water — 210 sf in Zone 1 and Zone 2

o Pedestrian access trails that are restricted to the minimum width practicable and do not exceed 4
feet in width of buffer disturbance, and provided that installation and use does not result in removal of
trees as defined in this Rule and no impervious surface is added to the riparian buffer are Exempt.
o Pedestrian access trails that exceed 4 feet in width or buffer disturbance, the installation or use
results in removal of trees as defined in this Rule or impervious surface is added to the riparian buffer.
Allowable.
■ Please clarify your proposed use within the Buffer Table.
Drainage Ditch —
o This item was included in your original application, but not clarified in your last email. Have you
removed this item from your application?
o Know that any new drainage ditch is allowable if a Stormwater management facility is installed to
control pollutants and attenuate flow before conveyance is discharged through the riparian buffer ( ex.
level spreader).
In addition, please provide information regarding how steps will be taken to avoid and minimize all impacts to the
buffer that you have proposed in the application, in both project design and construction of gazebo, deck, and access
trails.
Please also provide a response to the NOV that was mailed to you. An explanation as to why the activity occurred
without prior authorization and how you intend to respond is required. A restoration plan detailing the types of native
woody vegetation selected, methodology of planting, and a site map indicating the location of the replanting efforts
should be submitted to the Asheville Regional Office.
I have also attached several documents on native riparian species and vegetation establishment to help guide your
plant selection.
These responses can be submitted via email and are due by 5/23/2017. If you need additional time beyond 5/23/2017
please let me know. I am available by phone or email with any questions you may have.
Thank you,
Amy Annino

Environmental Specialist —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4656 office
amy.annino(a-)ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
-::�'�Nmhmq Compares]
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Joanne Mackey [mailto:[e-mail]]
Sent: Saturday, April 29, 2017 11:27 AM
To: Annino, Amy M <[e-mail]>
Subject: RE: Mackey -Benson Lake Access- Riparian Buffer Authorization
The access trails will be 4' X50' across the buffers. One will be about 50' to the right of the terminus pad facing
the Lake with hopefully wheelchair access. (There is a natural trail there right now) The other will be an
additional 100' to the right, giving access to the shoreline closer into the cove.
On Apr 28, 2017 10:17 AM, "Annino, Amy M" <amy.annino(c�r�,ncdenr.gov> wrote:
Ms. Mackey -Benson,
Thank you for providing the additional information.
4

Please provide the dimensions of the pedestrian access trails you are proposing within Zone 1 and 2 of the buffer. Can
you also clarify where you propose to possibly locate the trail with a wooden surface to accommodate wheelchair
access within the buffer (Zone 1 and/or 2)? Thanks,
Amy Annino
Environmental Specialist —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4656 office
amy.anninoa-ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
WK
Nothing Compares.
v
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Joanne Mackey [mailto:[e-mail]]
Sent: Thursday, April 27, 2017 12:37 PM
To: Annino, Amy M <[e-mail]>
Subject: Re: Mackey -Benson Lake Access- Riparian Buffer Authorization
Amy, Thank you for all of your guidance. Hopefully the below description will provide you with our vision
for the future use of the land at Lake Rhodhiss with regard to the Riparian Buffer. We are interested in
eventually building a house and enjoying the Lake but also respecting and preserving the natural aspects of
the protected areas.

The responses below correlate to your numbered comments in your original email.
1. Buffer Impact Table
P Vehicular access road to water Allowable Zone 1 1350 sq ft
T construction of Deck/ gazebo Exempt Zone 2 300 sq ft
P Thinning of underbrush Exempt Zone 2 2000 sq feet
P Access trails to water x2 Exempt Zone 1 and 2 each 210 Sq Ft
P Deck and Gazebo Exempt Zone 2 244 sq ft ( 12x 12 and 10x10)
2/3. Answer for 3f
The site is to have pedestrian trails and road access to the water, hopefully incorporating wheelchair access if
possible. The road access and the 30x45 foot terminus pad will provide initial access to the ramp over the
Riparian Buffer to a dock ( which is to be designed). In addition a 12x12 deck and a 10x10 gazebo are
planned in an adjacent area to the dock access. This structure will be constructed on posts over Zone 2 of the
buffer clearing brush and small trees as needed to minimize the impact. Two trails are planned to be cut to
the water's edge no wider than 4 feet thru both Zone 1 and 2 using natural pathways and minimal brush and
small tree clearance. Surface of both trails will be pervious material. One trail may have wooden surface to
accommodate wheelchair access if feasible.
Please let me know if you need additional information for this approval. Feel free to call or email me for
further information or clarification.
Thanks so much.
Joanne Mackey Benson
H. 919-380-7546
C.919-818-8834
On Tue, Apr 18, 2017 at 1:45 PM, Annino, Amy M <amy.annino o ncdenr.gov> wrote:
Joanne,
That sounds good. Let me know if you have any questions.
6

Amy Annino
Environmental Specialist —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4656 office
amy.annino(a)ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
-�NothlngCompares.]
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Joanne Mackey [mailto:[e-mail]]
Sent: Tuesday, April 18, 2017 1:44 PM
To: Annino, Amy M <[e-mail]>
Cc: Mitchell, Robert K <[e-mail]>
Subject: Re: Mackey -Benson Lake Access- Riparian Buffer Authorization
Thank you for this information. I will work on this and get information back to you by next week. Joanne
On Apr 17, 2017 5:04 PM, "Annino, Amy M" <amy.annino(c�r�,ncdenr.gov> wrote:
Mrs. Mackey -Benson,

The Division of Water Resources (DWR) has performed a review of a Riparian Buffer Authorization
application dated March 27, 2017, and received by the Division of Water Resources (Division) on March
29, 2017, with additional information received April 5, 2017. The DWR has determined that your
application is incomplete and cannot be processed. The application is on -hold until the following
information is received:
1. Please revise the buffer impact table to reflect the current dimensions of the impacted buffer, located in
C.) Proposed Impacts Inventory. DWR observed an area 30' x 45' within zone 1 that has been cleared of
vegetation, with areas graded and graveled.
2. Clarify the additional buffer impacts that you plan to implement. Include square footage measurements
for all proposed impacts.
3. Provide a narrative description of current and proposed buffer impacts in the Project Description, item
3f. Provide dimensions (ex. 10' x 15'), approximate location (Zone 1 or 2), and purpose of all proposed
impacts. Please note that this permit only covers impacts to the riparian buffer — not open water. Docks that
are built over open water do not fall under this permit.
4. Provide additional information regarding how steps will be taken to avoid and minimize impacts to the
buffer that you have proposed in the application, in both project design and construction.
Pursuant to Title 15A NCAC 02H .0502, 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 within 45
calendar days of receipt of this email, the DWR will be unable to approve the application and it will be
returned. The return of this project will necessitate reapplication to the DWR for approval, including a
complete application package and the appropriate fee.
You may provide your response to me via email or in writing at the address noted below. Contact me if you
have any questions or concerns.
Amy Annino
Environmental Specialist — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4656 office

amy.anninoa-ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
-5::�'Nothing Compares]
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties