20200119 Ver 1_Application Returned_20200402

DocuSign Envelope ID: B2FB3112-753E-41 D8-87BE-95A525AEOAE9
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
April 2, 2020
DWR# 20-0119
Buncombe County
Cheshire Master Association
Attn: Ken Curren
51 Cheshire Drive
Black Mountain, NC 28711
Subject: RETURN OF APPLICATION
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. On February 3, 2020, the Division
notified you via email of the need for written approval for coverage under 401 General Water
Quality Certification 4132 and the required fee to begin the review process.
On February 24, 2020, the Division notified you via mail that the subject project required
written approval for coverage under a 401 Water Quality Certification as the project met
threshold d) of 401 General Water Quality Certification 4132. The February 24, 2020,
correspondence indicated additional information could be provided to the Division to
demonstrate that the project would not meet threshold d) in 401 General Water Quality
Certification 4132. The Division did not receive a response, additional information, or the
review fee.
Pursuant to Title 15A NCAC 02H .0507(e), the Division is unable to process your application
and your application is hereby returned. You will need to reapply to the Division for approval
including a complete application package and the appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clean Water Act for
the subject activity and any work done within waters of the state may be a violation of North
Carolina General Statutes and Administrative Code.
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
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DocuSign Envelope ID: B2FB3112-753E-41 D8-87BE-95A525AEOAE9
Cheshire Master Association
Return of Application
DWR# 20-0119
Page 2of2
Please contact Andrew Moore at 828-296-4500 or [e-mail] if you have
any questions or concerns.
Sincerely,
DocuSigned by:
7E817A38285848C...
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
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
DWR 401 & Buffer Permitting Unit files
G:\WR\WQ\Buncombe\401s\Non-DOT\Cheshire Swimming Hole Restoration\20200402_CheshireSwimmingHoleRestoration_RTN.docx