20061628 Ver 1_More Info Letter_20061107

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 7, 2006
DWQ Project # 06-1628
Jackson County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7005 0390 00013553 1992
Stewart H. Cook
105 Boiling Green Drive
Newton, NC 28658
Subject Property: Stewart H. Cook Property Shoreline Stabilization
1780, Lake James, McDowell County
REQUEST FOR MORE INFORMATION
Dear Mr. Cook:
On October 10, 2006, the Division of Water Quality (DWQ) received your application in
regards to shoreline stabilization on Duke Energy Property adjacent to your lot within
1780. The DWQ has determined that your application was incomplete and/or provided
inaccurate information as discussed below. The DWO will require additional information
in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, unless we receive the additional information requested
below, we will have to move toward denial of your application as required by 15A NCAC
2H .0506 and will place this project on hold as incomplete until we receive this
additional information. Please provide the following information so that we may
continue to review your project.
Additional Information Requested:
Application Item Number 4., 7., and 8.a. state that you desire to install arip-rap, 10
feet in height, for a length of 300 feet (3,000sq. ft.). The submitted attachments do
not justify your desired impacts. There are no attachments showing the needed
stabilization. This agency has no way of determining the need for stabilization from
the submitted application. You must submit attachments, such as drawings,
photographs (with scale), etc. for review as part of your 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: http //h2o.enr.state.nc.us/ncwetlands
NorthCarolina
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Stewart H. Cook Property
Page 2of 3
October 6, 2006
2. Application Item Number 8. b, states that 23 trees will be removed as part of this
stabilization project. As Lake James is a buffered lake (15A NCAC 02B .0243)
which requires a permanent buffer, a plan showing what vegetation exists, where it
will be removed, and how it will be restored, in accordance with the North Carolina
Administrative Code, must be submitted as part of the application.
3. Additionally, Application Item Number 8. b., requests you describe vegetation within
50 feet of the shore and what will be disturbed. As no lot layout is included with
your application, this office is unable to determine if a suitable building site can be
situated on the lot without impacting the vegetation within 50 feet of the shoreline.
You must submit information which clearly provides he necessary information indicated
as being needed above, or modify your request to reflect a reduced and justifiable
amount of impact. Please respond before November 27, 2006 by sending this
information to both the 401 Permitting Unit at:
Mrs. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and to the Asheville Regional Office at:
Kevin Barnett
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you before November 27, 2006, we will assume that you no
longer want to pursue this project and we will consider the project as withdrawn.

Stewart H. Cook Property
Page 3of 3
October 6, 2006
This letter only addresses the application review and does not authorize any impacts to
wetlands, waters or protected buffers. Please be aware that any impacts requested
within your application are not authorized (at this time) by the DWQ. Please call Mr.
Kevin Barnett at 828-296-4657 if you have any questions regarding or would like to set
up a meeting to discuss this matter.
Sincerely,
~~~~~~,.
Roger C. Edwards, Regional Supervisor
Division of Water Quality
Surface Water Protection Section
RCE/khb
cc: Wade Harmon, Duke Energy Lake Services
526 South Church Street
Post Office Box 1006
Charlotte, NC 28201-1006
401 Permitting Unit, Central Office
USACE Asheville Regulatory Field Office
David McHenry, Wildlife Resources Commission
File Copy
Central Files
Filename: 06-1628.StewartCookProperty.Add-Info