20211209 Ver 2_More Info Requested_20230213

Moore, Andrew W
From: Moore, Andrew W
Sent: Monday, February 13, 2023 3:08 PM
To: McKenzie Beyer
Cc: Fuemmeler, Amanda J CIV (US); Leslie, Andrea J
Subject: Request for Additional Information, Overlook 157 (Ovata at Ascension), Buncombe County (DWR
Project #20211209 V2)
McKenzie,
On January 25, 2023, the Division of Water Resources (Division) received your application requesting a 401 Water
Quality Certification from the Division for the subject project. The Division has determined that your application is
incomplete and cannot be processed. The application is on -hold until all of the following information is received:
The Pre -Construction Notification (PCN) lists the applicant as Cohen Esrey Development Group. Title 15A of the
North Carolina Administrative Code (NCAC) 02H .0502(a)(3) requires an applicant that is a corporation be
registered with the NC Secretary of State's Office. I was unable to find the applicant in a search conducted on
the NC Secretary of State's website. Please provide documentation that the applicant is a registered corporation
with the NC Secretary of State. [15A NCAC 02H .0502(e)]
2. Title 15A NCAC 02H .0502(a)(11) requires that if an agent signs the application, an agent authorization letter
must be provided. As Cohen Esrey Development Group is listed as the applicant, an agent authorization signed
by a representative of Cohen Esrey Development Group must be provided.
3. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with
the disturbed area. Therefore, dewatering methods will be necessary to temporarily dewater the stream
channel during culvert installation. Please provide a construction sequence that details the method of
dewatering to be utilized at the site and the sequence of construction events to be followed to ensure
compliance with this condition. The narrative in Section D.1b. of the PCN references Pump around/dewatering
details on Figure 5, however, these details are not present on Figure S. [15A NCAC 02H .0506(b)(3)]
4. Please provide a culvert cross section detail showing the provisions for aquatic life passage/culvert burial. [15A
NCAC 02H .0506 (b)(2) and (3)]
5. The parking area in the vicinity of wetland impact W1 appears to be within the City of Asheville's aquatic buffer.
Please confirm the City of Asheville will allow the construction of this apparent built -upon area with the aquatic
buffer. If not, please revise the plans to avoid impact W1. [15A NCAC 02H .0506(b)(1)]
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the
proper consideration of the application. Please provide your response by March 15, 2023. If all of the requested
information is not received, the Division will be unable to approve the application and it will be denied as incomplete.
The denial of this project will necessitate reapplication to the Division for approval, including a complete application
package and appropriate fee.
Feel free to contact me if you have any questions.
Andrew W Moore, P.G.
Environmental Specialist 11, Division of Water Resources
North Carolina Department of Environmental Quality

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