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HomeMy WebLinkAbout20181280 Ver 1_Request for Withdrawal of Application_20181105Mitchell, Robert K From: Claire Arnold <Claire.Arnold@leapfrogservices.com> Sent: Monday, November 05, 2018 10:09 AM To: Mitchell, Robert K Cc: Claire Arnold Subject: RE: [External] Re: Arnold - Request for Additional Information DWR#20181280 - Jackson - Lake Glenville Dear Kevin, Thank you for following back up with me on this. Since I was moving through the airport, I frankly didn't realize that the phone call I received was from you and that the email I received was from Kevin Holland...I thought they were both from you and due to travel, I responded to what I thought was your email. I sincerely appreciate your openness to at least talk about it, but, as you know, Kevin Holland closed the door on that with no explanation as to why Duke Power isn't open to an environmentally sustainable approach. Given the sequence of events, I believe it best to withdraw our application. With warm gratitude for your kind responsiveness to me, Yum Arnold Claire Arnold CEO (404) 214-7901 -1 1190 West Druid Hills Drive Suite 200 Atlanta, GA 30329 website I email I map From: Mitchell, Robert K <kevin.mitchell@ncdenr.gov> Sent: Monday, October 29, 2018 9:58 AM To: Claire Arnold <Claire.Arnold@leapfrogservices.com> Subject: RE: [External] Re: Arnold - Request for Additional Information DWR#20181280 - Jackson - Lake Glenville Ms. Arnold, Do you wish to withdraw the current application based on Duke Energy's requirements? I'm open to leaving it on hold for 30 days if you want to submit an alternative design based on Duke Power Nantahala Area (DPNA) Shoreline Management Guidelines. Feel free to call or email if you have questions. Thanks. Kevin Mitchell Environmental Specialist -Asheville Regional Office Water Quality Regional Operations Section NCDEQ- Division of Water Resources 828-296-4650 Office Email Kevin.mitchell@ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 �_-^Nothtng 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: Claire Arnold <Claire.Arnold@leapf rogservices.com> Sent: Wednesday, October 24, 2018 4:42 PM To: Holland, Kevin D <Kevin.Holland @duke-energy.com> Cc: Mitchell, Robert K <kevin.mitchell@ncdenr.gov>; Leslie, Andrea J <andrea.leslie@ncwildlife.org>; Brown, David W CIV USARMY CESAW (US) <David.W.Brown@usace.army.mil> Subject: [External] Re: Arnold - Request for Additional Information DWR#20181280 - Jackson - Lake Glenville RExternal email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Kevin, Thank you for your speedy response. Claire Sent from my Phone On Oct 24, 2018, at 3:23 PM, Holland, Kevin D <Kevin.Holland @duke-energy.com> wrote: Ms. Arnold, This is Kevin Holland with Duke Energy and I wanted to respond to your email below. I spoke with my manager and director about these Envirosoxx products. I was told that Duke has been approached before about using these products on some of our other lakes down in the eastern part of the state and they have not been allowed. The reason being is that Duke doesn't want these types of materials within the Project Boundary and specifically in the lakebed itself. Our Shoreline Management Guidelines (SMG) do allow for stabilization using bioengineering techniques; but this only includes planting of native plants and grasses to control erosion. The other techniques allowed are this use of rip -rap or a dry -stack seawall. So even if the use of these products were to be approved by the NC Division of Water Resources and/or the US Army Corp of Engineers, Duke would not permit this type of erosion control activity. Thanks, Kevin From: Claire Arnold [mailto:Claire.Arnold@leapf rogservices.com] Sent: Wednesday, October 24, 2018 11:34 AM To: Mitchell, Robert K <kevin.mitchell@ncdenr.gov> Cc: Holland, Kevin D <Kevin.Holland @duke-energy.com>; Leslie, Andrea J <andrea.leslie@ncwildlife.org>; Brown, David W CIV USARMY CESAW (US) <David.W.Brown@usace.army.mil> Subject: RE: Arnold - Request for Additional Information DWR#20181280 - Jackson - Lake Glenville *** Exercise caution. This is an EXTERNAL email. DO NOT open attachments or click links from unknown senders or unexpected email. *** Hi, Kevin. It's taken me a while to get back to you, mostly because I wasn't able to get back up to the mountains to get the photo you requested. I may be outside your window of time for application continuity and am happy to send you another application fee if that's the case. I hope that you'll be willing to reread our application which includes responses to your questions... additions are in red. Also, if you still have hesitation after reading these further explanations, I would ask that you let me be a trial ... and that if you're displeased with the outcome, I will commit to tearing it out. My first consideration is environmental sustainability. I've Chaired the Georgia Conservancy and worked with it for many years and have additionally been involved in numerous other environmentally conscious organizations. While this product has been used in other areas of NC and was particularly effective in North Carolina during the deluges caused recently by Hurricane Florence, I understand your hesitancy to try something new and am willing to be your guinea pig to prove or disprove it. With warm thanks. Claire Claire Arnold CEO (404) 214-7901 3 1190 West Druid Hills Drive Suite 200 1 Atlanta, GA 30329 website I email I map I F From: Mitchell, Robert K <kevin.mitchell@ncdenr.gov> Sent: Monday, September 24, 2018 2:17 PM To: Claire Arnold <Claire.Arnold@leapfrogservices.com> Cc: Holland, Kevin D <Kevin.Holland @duke-energy.com>; Leslie, Andrea J <andrea.leslie@ncwildlife.org>; Brown, David W CIV USARMY CESAW (US) <David.W.Brown@usace.army.mil> Subject: Arnold - Request for Additional Information DWR#20181280 - Jackson - Lake Glenville Ms. Arnold, On September 17, 2018, the Division of Water Resources (Division) received your application dated September 12, 2018, requesting a 401 Water Quality Certification from the Division for shoreline stabilization on your property. The Division has reviewed the additional information and has determined the application is incomplete and cannot be processed. The application will be placed on hold until the following items are addressed: According to your application, you are proposing to place a Filtrexx Envirosoxx (filter sock) underneath a collapsing bank to prevent further erosion. In conversation with Duke Energy representative Kevin Holland, this is not an allowable practice on reservoirs owned by Duke Power. In addition, the Division has concerns about the long term stability of the design. Please redesign the project using Duke Power Nantahala Area (DPNA) Shoreline Management Guidelines. https://www.duke-energy.com// /media/pdfs/community/lakes-and- rec/lakeshoremgmt-guide-final-81903.pdf. 2. Please provide a photograph of the shoreline showing active eroding banks greater than 3 feet in height. Please provide some kind of scale such as a shovel or yardstick. Pursuant to Title 15A NCAC 02H .0502(c), 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 30 days, the Division will be unable to approve the application and it will be returned. Feel free to contact me if you have any questions or would like to discuss further. Kevin Mitchell Environmental Specialist—Asheville Regional Office Water Quality Regional Operations Section NCDEQ— Division of Water Resources 828-296-4650 Office Email Kevin.mitchell@ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 <image001.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.