20030832 Ver 1_Approval Letter_20030903

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
„? North Carolina Department of Environment and Natural Resources
H S S U' VFW ), Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 3, 2003
DWQ# 03-0832
Buncombe County
Mr. William Samuels
Biltmore Forest Country Club
31 Stuyvesant Road
Asheville, NC, 28803
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Samuels:
You have our approval, in accordance with the attached conditions, to dredge 0.1219 acre of waters and to fill 40 linear feet of
stream in order to create a stormwater wetland at the Biltmore Forest Country Club in Buncombe County, as described in your application
received by the Division of Water Quality on July 8, 2003. After reviewing your application, we have determined that this fill is covered by
General Water Quality Certification Numbers 3399 and 3366 which can be downloaded from our web site at http://h2o.enr.state.nc.us.
This Certification allows you to use Nationwide Permit Numbers 27 and 33 when issued by the U.S. Army Corps of Engineers. In
addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. You should send an application to the Division
of Land Resources for their review of your project under dam safety rules as well as erosion and sediment control. Also this approval will
expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you
must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new
owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional
conditions listed below:
1. Equipment used in the streams shall be in good working order and be free of oil leaks and drips. Equipment shall be checked
daily for leaks and drips;
2. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401
Certification has been completed.
If you do not accept any of the conditions of this certification, 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 1508 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 the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Kevin Barnett in our Asheville Regional Office at 828-251-6208 or Cyndi Karoly in Raleigh at 919-733-1786.
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
Central Files
File Copy
Mickey Henson, P.O. Box 52, Webster, NC, 28788
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (httpJ/h2o.enr.state.nc.us/ncwedands)
Customer Service #: 1-877-623-6748
Si erely,
Ala W. Klimek, P.E..
03083
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