20061429 Ver 1_Withdrawal Letter_20061107

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Michael F. Easley, Governor
William G. Ross .lr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Rlitnek, P.E. Director
Division of Water Quality
November 7, 2006
DWQ Project # 06-1429
Macon County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7005 0390 00013553 2005
David L. Averett
3277 Roswell Road
Suite A
Atlanta, GA 30305
Subject Property: David L. Averett Shoreline Stabilization
2090 Lake Shore Drive, Nantahala, NC
File Retired as Incomplete
Dear Mr. Averett:
On September 5, 2006, the Division of Water Quality (DWQ) received your application
with respect to your request to perform work among wetlands and streams in the
Glenville area. Additionally, on October 17, 2006, the Division received your submitted
additional information. As of today, the DWQ has not received sufficient information in
regards to our request. Therefore, we are returning your application as incomplete in
accordance with 15A NCAC 2H .0506. In order for the Division of Water Quality to
further review /process your project, we will need to receive the following:
• A complete application with appropriate processing fee,
• A clarification as to the need for your desire to install shoreline stabilization for a
length of 280' feet. The submitted attachments do not justify your desired
impacts. The attached photographs do not show that such extensive stabilization
is necessary along this shoreline. Additionally, there is no "scale" included in the
photographs, making a determination of the necessity of this length possible.
Lastly, the presence of bedrock and natural shore rock, as shown in the
submitted photographs, do not indicate the need for such extensive stabilization.
It is the determination of this office that there is only a localized area which needs
stabilization which may be stabilized with the use of some well placed rip-rap
backed with toed in filter cloth.
• A clarification, through the submission of a building plan for the site which would
clearly show that there is a suitable building site which would not impact the 50
foot vegetative zone as requested in the permit application.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: htto:!/h2o.enr.state.nc.uslncwetlands
NorthCarolina
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David L. Averett Shoreline Stabilization
Page 2 of 2
November 7, 2006
As you have no authorization under Section 401 of the Clean Water Act for this activity,
and work within waters of the state would be a violation of North Carolina General
Statutes and Administrative Code. Please call Ms. Cyndi Karoly at 919-733-1786 or Mr.
Kevin Barnett at 828-296-4657 if you have any questions this matter.
Sincerely,
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Roger C. Edwards, Supervisor
Division of Water Quality
Surface Water Protection Section
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cc: Beth Mosteller, Mountain Lake Permit Service
116 Park Grove
Waynesville, NC 28786
Cyndi Karoly, DWQ, Wetlands / 401 Permitting Unit
USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: 06-1429. DavidLAverett. ShorelineStabilization. returned