20090881 Ver 1_More Info Letter_20091002

Beverly Eaves Perdue
Governor

AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director

Dee Freeman
Secretary

October 2, 2009

Mr. Brett H. Irwin
P.O. Box 3513
Ponte Vedra, FL 32004

Subject:

Request for More Information
401 Water Quality Certification
Brett Irwin Property
DWQ Project # 09-0881
Jackson County
Response deadline: November 4, 2009

Dear Mr. Irwin:

The Division of Water Quality (DWQ) has performed a preliminary review of a 40 1 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. The application states that you propose to install a dry stack wall, 5 feet in height, for a length of
162 linear feet. The submitted attachments do not adequately justify your proposed impacts.
Based on the photographs submitted with the application, such extensive stabilization may not be
necessary along the indicated shoreline. It is possible that sloping the bank and vegetating it may
be a preferred alternative (or another type of natural stabilization may be an option). This, in
combination with the existing rock/rip-rap fill, would likely be adequate to stabilize the
shoreline. Please provide documentation for your alternates analysis, including, but not limited
to, natural stabilization. You should refer to Duke Power's Stabilization Guidance for a baseline
of alternatives.

The Division of Water Quality discourages the use of dry stack walls as Wildlife Resource
Commission information indicates that they have the potential to elevate near field water
temperatures and they do not dissipate wave energy, but transfer it to another location. The
Division will not approve this type of hard structure unless other stabilization alternatives are
deemed infeasible.

Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www,ncwaterquality.org

N~rthCarolina
/Vafllfalll!

An Equal Opportunity \ Affirmative Action Employer

Mr, Irwin
October 2, 2009
Page 2 of2

Please provide your response in writing to the addresses below prior to November 4,2009. 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:

Susan A. Wilson
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 Susan A. Wilson [phone], if you have any questions.

Sincerely,

~t C. L<t;;~

Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section

cc: Lori Beckwith - US Army Corps of Engineers Asheville Field Office
Cyndi Karoly - 401 Permitting Unit
Jackson County Planning
Bob Martin, P.O. Box 304, Glenville, NC 28736
ARO File copy

G:\WPDA T A\DEMWQ\JacksonI401 slBrett Irwin Prop - bank stabilization\Addlnfo Brett Irwin 10 2009.doc