20211209 Ver 2_More Info Received_20230314 (2)

Moore, Andrew W
From:
McKenzie Beyer <[e-mail]>
Sent:
Tuesday, March 14, 2023 12:48 PM
To:
Moore, Andrew W
Cc:
Fuemmeler, Amanda J CIV (US); Leslie, Andrea J; Clement Riddle
Subject:
[External] RE: Request for Additional Information, Overlook 157 (Ovata at Ascension), Buncombe
County (DWR Project #20211209 V2)
Attachments:
NC CW-ES Agent Auth Form 2023_Rev1.pdf.pdf, New Impact Bulletin Details.pdf
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Good morning,
After meeting with the client and engineers for the Overlook 157 Project, Buncombe Co, I have additional information
for you to review. Please let me know if any of the questions require further discussion, or if you have any questions.
1. 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)]
- The applicant's name has been changed from the Cohen Esrey Development Group, to the registered LLC,
Overlook 157, LLC. They are a registered within NC to conduct business. Please let me know if you need me to
update any of the application documents to reflect these changes.
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.
- I have attached an updated agent authorization form to reflect the mentioned changes.
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 5. [15A NCAC 02H .0506(b)(3)]
The attachment "New Impact Bulletin Details" should provide you with the additional information you were
requesting regarding the construction sequence.
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)]
The attachment "New Impact Bulletin Details" should provide you with the additional information you were
requesting regarding the construction sequence.

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)]
- Civil Design Concepts (CDC) has discussed a solution with the city of Asheville. The city has agreed to allow the
project to impact the buffer area directly abutting the culvert, but in response will increase the natural buffer
area up stream of the culvert. This satisfies the cities protected buffers and allows the project to remain feasible.
Please let me know if you have any further questions regarding the project Overlook 157.
Thank you,
McKenzie Beyer
Biologist
EnviroScience, Inc
O. 828.698.98001 C. 704.302.5978
From: Moore, Andrew W <[e-mail]>
Sent: Monday, February 13, 2023 3:08 PM
To: McKenzie Beyer <[e-mail]>
Cc: Fuemmeler, Amanda J CIV (US) <[e-mail]>; Leslie, Andrea J <[e-mail]>
Subject: Request for Additional Information, Overlook 157 (Ovata at Ascension), Buncombe County (DWR Project
#20211209 V2)
[EXTERNAL EMAIL - Please use caution]
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)]
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 5. [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
Office: [phone]
[e-mail]
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