20170635 Ver 2_More Info Requested_20201203

From:
Mitchell, Robert K
To:
Tyson Kurtz
Cc:
Yankura. Kavlie; Brown. David W SAW; Leslie. Andrea J
Subject:
RE: [External] Scherer Culvert Removal SAW-2017-00423 and DWR # 2017-PC-0042 -DWR#20170635
Date:
Thursday, December 3, 2020 11:18:00 AM
Attachments:
imaae001.ioa
imaae002.ona
imaae003.ona
Tyson,
Thanks for your help. At this point, we will need to put the application on hold until we receive the
additional information requested and resolve any issues that are to be discussed at the meeting that
the Corps requested for January 15, 2021.
On September 24, 2020, the Division of Water Resources (Division) received your application dated
September 24, 2020, with payment received on November 20, 2020, requesting a 401 Water Quality
Certification from the Division for the subject project. The Division has determined that the
application is incomplete and cannot be processed. The application is on hold until the following
information is received.
1. While the Division supports the removal of the culvert at stream impact 3, we have concerns
regarding Right of Way access to other properties and the potential need for a culvert
crossing in the future. Please provide any documentation regarding ownership or legal
agreements for Right of Way access at stream impact 3. [15A NCAC 02H .0502(c)]
2. At this time, the Corps of Engineers has placed the project on hold until a site visit can be
made on January 15, 2021. DWR will plan on attending the meeting. Please provide DWR
with any additional information requested by the Corps at the meeting. [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 (828) 296-
4650 or kevin.mitchellPncdenr.gov.
Kevin Mitchell
Environmental Specialist II
Division of Water Resources
401 & Buffer Transportation Permitting

NC Department of Environmental Quality
828-296-4650 Office
828-231-1580 Mobile
Email [e-mail]
INC DEQ Asheville Regional Office
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
.8
From: Tyson Kurtz <[e-mail]>
Sent: Friday, November 20, 2020 1:27 PM
To: Mitchell, Robert K <[e-mail]>
Cc: Yankura, Kaylie <[e-mail]>; Brown, David W SAW
<[e-mail]>
Subject: RE: [External] Scherer Culvert Removal SAW-2017-00423 and DWR # 2017-PC-0042
r
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to reoort.soamPnc.Rov
Kevin,
I have passed the questions on to the property owner and will get back to you when we have the
answers.
Thanks,
Tyson
u
32 Clayton Street
Asheville, NC 28801
Office: 828-698-9800
Mobile: [phone]
tvsonlcDcwenv.com
WWW.CWENV.COM
From: Mitchell, Robert K <[e-mail]>
Sent: Friday, November 20, 2020 1:09 PM
To: Tyson Kurtz <tysonPcwenv.com>
Cc: Yankura, Kaylie <kaylie.yankuraPncdenr.gov>; Brown, David W SAW
<[e-mail]>

Subject: RE: [External] Scherer Culvert Removal SAW-2017-00423 and DWR # 2017-PC-0042
Tyson,
Quick question after taking a look at the application. Do you know who owns the ROW on Black
Beaver Road? Is that Mr. Scherer's or Steel Creek Community? Also, who is using the ROW? Is
there a legal agreement between Mr. Scherer and another party? Thanks for your help.
Kevi n
Mitchell
Environmental Specialist II
Division of Water Resources
401 & Buffer Transportation Permitting
NC Department of Environmental Quality
828-296-4650 Office
828-231-1580 Mobile
Email Kevin.mitchellPncdenr.gov
NC DEQ Asheville Regional Office
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
.0
From: Tyson Kurtz <tvson(@cwenv.com>
Sent: Friday, November 20, 2020 12:49 PM
To: Yankura, Kaylie <kaylie.yankura(@ncdenr.gov>
Cc: Mitchell, Robert K <[e-mail]>
Subject: RE: [External] Scherer Culvert Removal SAW-2017-00423 and DWR # 2017-PC-0042
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to reoort.spamCcDnc. oovv
Thank you for finding that. I never got the payment email but I just paid the fee on the DEQ website
using the project number.
-Tyson
From: Yankura, Kaylie <kaylie.yankuraPncdenr.gov>

Sent: Tuesday, November 17, 2020 9:52 AM
To: Tyson Kurtz <[e-mail]>
Cc: Mitchell, Robert K <[e-mail]>
Subject: RE: [External] Scherer Culvert Removal SAW-2017-00423 and DWR # 2017-PC-0042
Tyson,
Looks like the application is in our system. Our records show that a request for payment was also
sent, but it doesn't look like it's been paid yet. Just a reminder in case you guys haven't submitted
the application fee. If you've paid, no worries, can take a little bit for it to process.
Thanks,
Kaylie Yankura
Environmental Specialist — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
828 296 4685 office
828 231 9634 mobile
kaylie.yankura _ ncdenr.gov
DEC, Logo
BI
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental
Quality has adjusted operations to protect the health and safety of the staff and public. Many employees
are working remotely or are on staggered shifts. To accommodate these staffing changes, all DEQ office
locations are limiting public access to appointments only. Please check with the appropriate staff before
visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your
patience as we continue to serve the public during this challenging time.
From: Tyson Kurtz [mailto:[e-mail]]
Sent: Thursday, November 12, 2020 1:21 PM
To: Yankura, Kaylie <kaylie.yankuraPncdenr.gov>
Cc: Mitchell, Robert K <kevin.mitcheIIPncdenr.Rov>
Subject: RE: [External] Scherer Culvert Removal SAW-2017-00423 and DWR # 2017-PC-0042
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
Elchment to report.spam(@nc.gov
Okay thank you for doing that.

-Tyson
From: Yankura, Kaylie <[e-mail]>
Sent: Thursday, November 12, 2020 11:42 AM
To: Tyson Kurtz <tvson(@cwenv.com>
Cc: Mitchell, Robert K <kevin.mitchellPncdenr.gov>
Subject: RE: [External] Scherer Culvert Removal SAW-2017-00423 and DWR # 2017-PC-0042
Let me reach out to Central Office. Emailing the app to me directly won't register in our state-wide
system, everything has to go through Central first. If it turns out that you need to submit as a new
project, the attached will be the pre -filling meeting confirmation receipt that you'll need to include
with the app.
Environmental Specialist — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
828 296 4685 office
828 231 9634 mobile
kaylie.yankura _ ncdenr.gov
DEC, Logo
.8
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental
Quality has adjusted operations to protect the health and safety of the staff and public. Many employees
are working remotely or are on staggered shifts. To accommodate these staffing changes, all DEQ office
locations are limiting public access to appointments only. Please check with the appropriate staff before
visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your
patience as we continue to serve the public during this challenging time.
From: Tyson Kurtz [mailto:[e-mail]]
Sent: Thursday, November 12, 2020 11:34 AM
To: Yankura, Kaylie <kaylie.yankuraPncdenr.gov>; Brown, David W CIV USARMY CESAW (USA)
<David.W.Brown(@usace.army.miI>
Cc: Mitchell, Robert K <kevin.mitchell(@ncdenr.gov>
Subject: RE: [External] Scherer Culvert Removal SAW-2017-00423 and DWR # 2017-PC-0042
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to report.spam(@nc.gov

Yes, that is the number and version I used. I had a similar issue the last time I submitted a project
under the "new project with existing ID/modification" category. I can resubmit under the "new
project" or email the application directly, if either of those two options would be most efficient.
Thanks,
Tyson
From: Yankura, Kaylie <[e-mail]>
Sent: Thursday, November 12, 2020 11:29 AM
To: Tyson Kurtz <[e-mail]>; Brown, David W CIV USARMY CESAW (USA)
<David.W.Brown [e-mail]>
Cc: Mitchell, Robert K <[e-mail]>
Subject: RE: [External] Scherer Culvert Removal SAW-2017-00423 and DWR # 2017-PC-0042
Tyso n,
I can contact the folks who process the applications in the Central Office. When you submitted, did
you use DWR project ID 20170635 v2?
Thanks,
Kaylie Yankura
Environmental Specialist — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
828 296 4685 office
828 231 9634 mobile
kaylie.yankura _ ncdenr.gov
DEC, Logo
:8
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental
Quality has adjusted operations to protect the health and safety of the staff and public. Many employees
are working remotely or are on staggered shifts. To accommodate these staffing changes, all DEQ office
locations are limiting public access to appointments only. Please check with the appropriate staff before
visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your
patience as we continue to serve the public during this challenging time.
From: Tyson Kurtz [mailto:[e-mail]]
Sent: Thursday, November 12, 2020 11:19 AM

To: Yankura, Kaylie <kaylie.yankuraCa�ncdenr.gov>; Brown, David W CIV USARMY CESAW (USA)
<David.W.Brown Pusace.army.mil>
Cc: Mitchell, Robert K <kevin.mitchellPncdenr.gov>
Subject: RE: [External] Scherer Culvert Removal SAW-2017-00423 and DWR # 2017-PC-0042
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
tchment to report.sipam(@nc.gov
Kaylie,
For another project I submitted a pre -filing request, I received an email that the 30-day notice period
has ended. I did not received that same email for the Scherer project despite the 30-day notice
period ending October 25th
Please let me know if there are any additional steps that I need to take.
-Tyson
From: Yankura, Kaylie <[e-mail]>
Sent: Thursday, November 12, 2020 11:16 AM
To: Tyson Kurtz <[e-mail]>; Brown, David W CIV USARMY CESAW (USA)
<David.W.Brown Pusace.army.mil>
Cc: Mitchell, Robert K <kevin.mitchellPncdenr.gov>
Subject: RE: [External] Scherer Culvert Removal SAW-2017-00423 and DWR # 2017-PC-0042
Tyson,
The project is still showing up as "on hold," but I think it can take a few days from submittal to be
processed and updated. Did you get a confirmation email from the pre -filling meeting
request/follow the submittal link in the email?
Thanks,
Kaylie Yankura
Environmental Specialist — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
828 296 4685 office
828 231 9634 mobile
kaylie.yankura _ ncdenr.gov
DEQ Logo

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental
Quality has adjusted operations to protect the health and safety of the staff and public. Many employees
are working remotely or are on staggered shifts. To accommodate these staffing changes, all DEQ office
locations are limiting public access to appointments only. Please check with the appropriate staff before
visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your
patience as we continue to serve the public during this challenging time.
From: Tyson Kurtz [mailto:tyson(@cwenv.com]
Sent: Thursday, November 12, 2020 11:09 AM
To: Yankura, Kaylie <kaylie.yankura(@ncdenr.gov>; Brown, David W CIV USARMY CESAW (USA)
<David.W.Brown [e-mail]>
Subject: [External] Scherer Culvert Removal SAW-2017-00423 and DWR # 2017-PC-0042
Importance: High
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to report.spamna nc. oovv
Kaylie and David,
I submitted the permit application for the Scherer Culvert Removal project in Dunns Rock yesterday
through the NCDEQ project portal as a "new project with existing ID/modification". I did not receive
a confirmation email. Was that application received?
Thank you,
Tyson Kurtz
,0
32 Clayton Street
Asheville, NC 28801
Office: 828-698-9800
Mobile: [phone]
tvsonlcDcwenv.com
WWW.CWENV.COM
The information in this email is confidential and may be legally privileged. It is intended solely for the
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