20030518 Ver 2_Approval Letter_20100714

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 14, 2010
Mr. Charlie Hume
Biltmore Park Association
P.O. Box 5355
Asheville, NC 28813
Subject: 401 Water Quality Certification - Approval
Biltmore Park HOA - Trail System
DWQ Project # 03-0518 v2
Buncombe County
FRB / UT Ducker Creek / 6-63 / C
Dear Mr. Hume:
Dee Freeman
Secretary
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 183 feet of stream for the purpose of bank
stabilization (w/J-Hook), bridge stabilization, and culvert removal/bank stabilization at the subject property.
This approval requires you to follow the conditions listed in the attached Certification and any additional
conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows
you to use Nationwide Permit 13 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and City of
Asheville/Buncombe County regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location: 2090 U.S. Highway 70. Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwatergLiality.org
An Equal Opportunity \ Affirmative Action Employer
North Carolina
Naturally
Mr. Hume
July 14, 2010
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Stream 183 (feet), est. total PCN Application and
Supplemental Information
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Susan A. Wilson in the Asheville Regional Office
at [phone].
Sincerely,
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. Sullins, Director
CHS/saw
Enc: GC3689
Certificate of Completion
cc: Tasha McCormick, USACE Asheville Regulatory Field Office
Clement Riddle, ClearWater Environmental
401 Permitting Unit - Central Office
ARO File Copy
S:\SWP\Buncombe\401s\Non-DOT\Biltmore Park 140AWPRVLA01 Biltmore Park HOA.07 2010.doc