20191577 Ver 1_Individual Certification Notification Letter_20200203

ROY COOPER
Covarnor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Biltmore Farms, LLC
Attn: Mr. Lee Thomason
One Town Square Blvd, STE 300
Asheville, NC 28803
NORTH CAROLINA
Environmental Quality
February 3, 2020
D W R # 20191577
Buncombe County
Subject: NOTICE OF INDIVIDUAL 401 WATER QUALITY CERTIFICATION REQUIREMENT
Project Ranger
Dear Mr. Thomason:
On November 12, 2019 the Division of Water Resources — Water Quality Programs (Division) received
your application dated November 12, 2019, requesting a 401 Water Quality Certification from the
Division for your project. The Division has determined that your application can not be processed under
a 401 Water Quality General Certification and the project requires an Individual Certification, pursuant
to the following:
1. In accordance with 401 Water Quality General Certifications #4132 and 4135 Condition 111.6, the
Director has determined that this project requires application for an Individual Certification. The
Division will elevate your application on file to meet this requirement, no additional action is
necessary.
2. The Director has determined that it is in the public's interest to hold a public hearing to receive
public comment and additional information on the proposed project. This hearing must be held
prior to taking final action on your application. The Division is in the process of scheduling the
public hearing and will forward the details by separate letter. [15A NCAC 02H .0503(f)]
Pursuant to Title 15A NCAC 02H .0507(a)(2) a final decision on this application is to be made pursuant to
a public hearing.
Please be aware that you have no authorization under the Water Quality Certification Rules for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
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Biltmore Farms, LLC
DWR# 19-1577
Notice of Individual WQC
Page 2 of 2
Please contact Sue Homewood at 336-776-9693 or Sue. [e-mail] if you have any
questions or concerns.
Sincerely,
Jeffrey art, Section Chief
Y
Water Quality Permitting Section
Division of Water Resources
cc: R. Clement Riddle, Clearwater Environmental Consultants, Inc.
Amanda Fuemmeler, USACE Asheville Regulatory Field Office (via email)
DWR ARO 401 Files
DWR 401 & Buffer Permitting Unit