20190304 Ver 1_More Info Received_20190403

Mitchell, Robert K
From: scott hatch <scottdanhatch @gmail.com>
Sent: Wednesday, April 3, 2019 6:49 AM
To: Mitchell, Robert K
Subject: Re: [External] Re: Broyles Nantahala Trail - Request For Additional Information DWR#
20190304 - Graham - Trout
External email. Do not click links or open attachments unless you verify.
ment to
Your working early. Did not expect a reply pre 7:00. The total wall is 76 with 25 shallow. This gives 51'x 4" _
204Sgft of mitigation for sure, with an additional 100Sq ft if conditions warrant when we can see the actual
conditions at high water.
On Wed, Apr 3, 2019 at 6:26 AM Mitchell, Robert K <[e-mail]> wrote:
Ok. Is the wall just 76 or 76+25?
Sent from my iPhone
On Apr 3, 2019, at 6:23 AM, scott hatch <scottdanhatch@ amail.com> wrote:
External email. CWo not click links or open attachments unless you verify. Send all suspicious email as an
v
Oh gosh, I wrote that from memory and I got the numbers from another job mixed up with this
one. The 76' is correct. Maybe 25' is the shallow section.
Sorry
On Tue, Apr 2, 2019 at 11:18 AM Mitchell, Robert K <kevin. mitchell @ ncdenr. gov> wrote:
Scott,
One other question. The application states that the wall length is 76', but rip rap is 140'. Can you
clarify? Thanks.
Kevin Mitchell
Environmental Specialist—Asheville Regional Office
Water Quality Regional Operations Section
1

NCDEQ— Division of Water Resources
828-296-4650 Office
Email [e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
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Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: scott hatch [mailto:[e-mail]]
Sent: Tuesday, April 2, 2019 5:51 AM
To: Mitchell, Robert K <[e-mail]>
Subject: Re: [External] Re: Broyles Nantahala Trail - Request For Additional Information
DWR#20190304 - Graham - Trout
This email constitutes my formal response to a request for additional information received
3/19/19.
1. The project will be done in compliance with "Condition 1 of General Certification 4145.
Questions still remain about the exact water depth and how rip rap will work in the shallow
water at the Right hand side of the project as viewed from the lake. Final decisions on how to

meet compliance requirements will be made based on visual assessment after normal high
water levels are experienced.
In the areas where conditions can be better predicted the rip rap shall be no less than 4 ft wide
and run approx 140 ft in length giving 560sgft of habitat mitigation.
2. The rip rap will be equivalent to a class B material. Size will be 6" to 12" with a mix
between broken angular rock and natural stone. It is expected that the diversity in stone
characteristics will provide more diverse habitat opportunities.
3. A type 2 DOT turbidity barrier with a moderate wind ratting and a water velocity rating of
up to 5 mph will be use per manufacturers specifications.
4. It is my understanding that the buffer question has been resolved by previous
communication therefore needs no comment here. If my understanding is incorrect please
advise.
Thank you for your courteous and prompt handling of the matters relating to this application.
Please advise if all is in order so I can communicate that update to my client.
Scott Hatch Dick Branch Excavation.
On Fri, Mar 22, 2019 at 2:38 PM Mitchell, Robert K <kevin.mitchell@ncdenr.4ov> wrote:
Scott,
Thanks for your response. You have to be able to meet the conditions of the permit. We require this
on all projects covered under this Certification. The idea is that hardening the shoreline removes
aquatic habitat. By adding rip -rap we are providing additional cover/habitat for aquatic
life. Unfortunately, I don't think I can get to this application next week, but I will need you to
respond to 1, 2, and 3 before I can approve this. Feel free to call me if you want to speak directly to
me or if you need any further clarification.
Kevin Mitchell
Environmental Specialist—Asheville Regional Office
3

Water Quality Regional Operations Section
NCDEQ— Division of Water Resources
828-296-4650 Office
Email [e-mail]
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.
From: scott hatch[mailto:[e-mail]]
Sent: Thursday, March 21, 2019 7:13 AM
To: Mitchell, Robert K <[e-mail]>
Cc: Brown, David W CIV USARMY CESAW (US) <[e-mail]>; Leslie, Andrea J
<[e-mail]>; Aiken, Stan E <[e-mail]>
Subject: [External] Re: Broyles Nantahala Trail - Request For Additional Information DWR#20190304 -
Graham -Trout
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an attachment to [e-mail] I
Hello everyone,
Thank you for the prompt action on this application.

In order of Kevin's comments.
1. The toe of the wall to be built or bulkhead as defined by Kevin will be sitting on natural
ledge. I may not have made that clear in the permit documents. The entire area has ledge
either exposed already or within reasonable digging depth to clear. As the base stones will be
set directly on ledge with iron pins preventing them from sliding and or shifting rip rap at the
toe of the project does not seem necessary. I agree that bare ledge is a rather sterile habitat
substrate and would be wiling to diversify the environment, if it better suits your needs but
from a functional standpoint the wall will be long lasting without the additional cost.
(Base stones will weigh as much as 500 lbs.)
2. If you desire that rip rap be used, I can either purcahase a 6" - 8" size product or I can
manufacture a product ranging from 4" - 12 " using a hydraulic hammer to break larger rock.
3. My hope is to begin work at the first possible moment. As early as next week. That would
give me in the dry conditions. Everything is all set to go on my end. The clients / property
owners are ready to go as well. So the sooner I can answer your questions the sooner you can
issue the permit and work can begin. If I do have to wait and the water level comes up a
turbidity fence will be the best bet for addressing this concern. We are lucky on this site as the
job is at the head of a deep cove. boat wakes are limited and wave action is only a concern
when the wind comes directly into the cove. With winds blowing directly into the cove the
fetch is long enough to expect meaningful wave action.
4. The current conditions are poor quality lawn that has been disturbed by recent construction
with small bushes planted along the top of the wall to be replaced. The sooner this project can
be completed the sooner a better buffer can be established. At this time I would say no buffer
exists. The sooner a quality lawn grass cover can be established the better. During
construction it is my practice to tarp the exposed soils in the work area during rain events. I
just don't find any other method to be truly effective for keeping machinery tilled soil from
washing down to the water line.
Thank you for your continued prompt attention to these matters. Scott Hatch
On Tue, Mar 19, 2019 at 10:05 AM Mitchell, Robert K <kevin.mitchell @ ncdenr. gov> wrote:
Scott Hatch,

Feel free to call or email if you need clarification on any of these.
On March 6, 2019, the Division of Water Resources (Division) received your application
dated February 6, 2019, requesting a 401 Water Quality Certification from the Division for
the subject property. The Division has determined that your application is incomplete and
cannot be processed. The application is on -hold until the following information is
received:
1. Condition #1 of General Certification 4145 requires rip -rap to be installed waterward
of bulkheads to ensure protection of aquatic habitat. Rip -rap provides important
aquatic habitat as well as energy dissipation to protect the proposed wall. Please
include a typical showing the installation of rip -rap below the bulkhead to ensure
protection of aquatic habitat or provide an explanation of why this cannot be
practically accomplished. [15A NCAC 02H .0506(b)(2)] I have attached a link to an
example for you to use as a reference: hgps://www.duke-
energy.com//media/pdfs/community/lakes-and-rec/na-smg_pdf. (A-28). Please
understand that this is not a design specification, but only an example to help you
through the application process.
2. Please provide the dimensions of the rip -rap. [15A NCAC 02H .0502(c)]
3. Will the work be constructed "in the dry" while the lake is down? If not, please
provide a plan of how you the proposed activity will not exceed the turbidity standard
for trout waters (10 NTUs). Similar seawall projects have used coffer dams and/or
turbidity curtains to isolate the work area and meet the standard. Please provide
additional best management practices to ensure that the turbidity standard for trout
waters is not exceeded. [ 15A NCAC 02B .0211(21)]
4. The project indicates that there may be disturbance within the trout buffer. Please
contact Stan Aiken with the Division of Energy, Mineral and Land Resources to
determine if a trout buffer variance is required. I have copied him on this email. He
can also be reached at 828-296-4500 or via email at [e-mail]. . [15A
NCAC 02H .0502(c)]
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 calendar days, of receipt of this email, the Division will

be unable to approve the application and it will be returned. The return of this project will
necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.
You may provide your response via email or mail to the address noted below.
Should you have any questions regarding these matters, please contact Kevin Mitchell at
[phone] or [e-mail].
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
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Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.