20090828 Ver 1_More Info Letter_20090914

NCDENR
North Carolina Department of Environment and Natural Resources
Division of V\ter Quality
Beverly Eaves Perdue Coleen H. Suilins Dee Freerrm
Governor Director Secretary
September 14, 2009
Town of Banner Elk
John Mejaski
PO Box 2049
Banner Elk, NC 28604
Subject: Request for More Information
401 Water Quality Certification
Shawneehaw Creek Stream Restoration
DWQ Project # 09-0828
Avery County
Response deadline: October 19, 2009 or 30 days from receipt
Dear Mr. Mejaski:
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Accurate Location of Restoration Site/ Restoration Plans: Based on the submittals received in
the Asheville Regional Office; the NC State University (NCSU) plans, the Web Soil Survey, the
Lat/Long supplied as well as a site visit, it is unclear where the stream reach in need of
restoration is located. The Web Soil Survey indicated an Area of Interest (AOI) that was not
matched on the NCSU plans received. The NCSU plans only indicate a reach southwest of
Puddingstone Parkway; the northeast section indicated on the Web Soil Survey does not have
plans submitted. The southwest reach was observe during a site visit and did not appear to need
a full restoration. It is unclear where the proposed project will take place, please clarify location
and submit photos for assistance. Please submit a set of plans that accurately depicts the
restoration work that needs to be performed.
2. Trout Buffer Variance/Shrub and Tree Planting: The stream reach where restoration is
proposed is classified C Trout. A Trout Buffer Variance will need to be obtained through the
Division of Land resources. Also absent was a planting schedule for shrub and tree layers to
Location: 2090 U.S. H hway 70, 9,nannanoa, North Carolina 28778 One
Phone: [phone] FAX: [phone]Custorrer Service: t-877.6236748 NorthCarol na
Internet: wom.nom aterquality.org
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Town of Banner Elk
9/14/09
Page 2 of 2
protect the trout habitat. A restoration project with only grasses planted in the riparian area will
not improve fish habitat which is stated in the application as a goal of the project.
The downstream section that had been previously restored has a non compliant buffer, the shrub
and tree layer is lacking and the width is questionable. That restoration project was permitted
with conditions specifically stating shrub and tree density necessary for a proper trout buffer.
That site needs to be replanted in order to be compliant with the permit issued. Please submit
plans to address how this noncompliance will be remedied.
Please provide your response in writing to the addresses below prior to October 19, 2009 or 30 days from
receipt. Four copies of the required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Linda Wiggs
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary 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 Linda Wiggs 828-296-4500, if you have any questions.
Sincerely,
Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Liz Hair - US Army Corps of Engineers Asheville Field Office (E-Copy)
Ron Linville - North Carolina Wildlife Resources Commission (E-Copy)
Cyndi Karoly - 401 Permitting Unit (E-Copy)
Grey Hauser-Division of Land Resources (E-Copy)
Avery County Planning (E-Copy)
ARO File copy
G:\WPDATA\DEM WQ\Avery\401 s\shawneehaw09-0828.doc