20200119 Ver 1_Written Approval Required Ltr_20200224

DocuSign Envelope ID: 8CB7141A-579F-4724-A49A-464DF3A5CA64
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Cheshire Master Association
Attn: Ken Curren
51 Cheshire Drive
Black Mountain, NC 28711
NORTH CAROLINA
Environmental Quality
February 24, 2020
DWR# 20-0119
Buncombe County
Subject: NOTICE OF REQUIRED WRITTEN APPROVAL FOR COVERAGE UNDER A 401
WATER QUALITY CERTIFICATION
Cheshire Swimming Hole Restoration
Dear Mr. Curren:
On January 20, 2020, the Division of Water Resources (Division) received a courtesy copy of
your Pre -Construction Notification (PCN), dated January 20, 2020, for verification of coverage
under a 404 Nationwide Permit for the subject project. The Division issues approvals in the
form of a Water Quality Certification in conjunction with the verification issued by the US Army
Corps of Engineers (USACE).
Pursuant to 401 General Water Quality Certification 4132 (GC 4132), activities meeting any one
of the thresholds listed on Page 2 of the General Certification require written approval from the
Division. Based on our review of the application, the Division has determined that the subject
project meets the following threshold, and therefore requires written approval under GC 4132:
1. Threshold d) —Complete dewatering and drawdowns to a sediment layer related to
pond/dam maintenance or removal.
For the reasons listed above, your project as described in your application package requires
written approval from the Division to be covered under a 401 Water Quality Certification. You
will need to apply directly to the Division for approval, which includes a complete application
package using the PCN Form and the appropriate fee. Based on the information provided in the
courtesy copy submitted, the application fee would be $240.
If you disagree with the Division's determination, and would like to provide additional
information to demonstrate the project will not meet the noted threshold, please provide that
information via mail to the Division of Water Resources Asheville Regional Office at the footer
address.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
vOry rN cxl4o:. i
o.�ro�em or E�.w�����a�:r� /`� 828.296,4500

DocuSign Envelope ID: 8CB7141A-579F-4724-A49A-464DF3A5CA64
Cheshire Master Association
Notice of Required Written Approval
DWR# 20-0119
Page 2of2
Please be aware that you have no authorization under Section 401 of the Clean Water Act for
this activity and any work done within waters of the state may be a violation of North Carolina
General Statutes and Administrative Code.
Please contact Andrew Moore at 828-296-4500 or [e-mail] if you have
any questions or concerns.
Sincerely,
DocuSigned by:
7E617A38285848C...
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 4132
cc: Amanda Jones — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
Ken Fisher —Cheshire Master Association ([e-mail])
Charles Fitzgerald — Cheshire Master Association ([e-mail])
DWR ARO 401 files
G:\WR\WQ\Buncombe\401s\Non-DOT\Cheshire Swimming Hole Restoration\20200224_CheshireSwimmingHoleRestoration_RWA.docx