HomeMy WebLinkAbout20030832 Ver 2_Approval Letter_20031007WATER
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
October 7, 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 and to perform maintenance dredging 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, and in
your modification request received September 22, 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:Hh2o.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 Certification replaces the one issued to you on
September 3, 2003.
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. Dredged material shall be disposed of in uplands;
3. 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 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 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.
Sincerely,
Alan W. Klimek, P.E.
KDENR
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)
(919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
Mr. William Samuels
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October 7, 2003
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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
030832mod