20070602 Ver 3_Notice of Withdrawal_20100104

.A
A 'NR
WDE
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
January 4, 2010
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
The Biltmore Company
Attn: Mr. Parker Andes
One North Pack Square
Asheville, NC 28801
Subject Property: Biltmore Ponds Historic Restoration
Ram Branch [040302, 6-78-25, C]
RETURN OF APPLICATION
Dear Mr. Andes:
Dee Freeman
Secretary
DWQ Project # 07-0602 Ver. 3I
Buncombe County
On October 28, 2008, the Division of Water Quality (DWQ) received your Individual Permit application
and on December 5, 2008 the Public Notice was received from the Corps of Engineers, to fill or otherwise'
impact 1,117 linear feet of perennial stream, 0.16 acres of wetlands, and 0.04 acres of open water to
construct the proposed historic restoration of a series of ponds and related infrastructure on the site. On
May 4, 2009, the Corps of Engineers sent you correspondence requesting additional information from
you, requiring a response within 30 days. As of today we have been notified of no response to the Corps
of Engineers letter, nor have we received any other correspondence from you.
For these reasons your permit application is hereby considered returned. Once you have redesigned
your project to address the problems and inadequacies with your application as it was submitted, you will
need to reapply for DWQ approval. This includes submitting a complete application package with the
appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this activity
and any work done within waters of the state would be.a violation of North Carolina General Statutes and
Administrative Code. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have
any questions or concerns.
Sin ely,
Cyndi Karoly, Supervisor
O1 Oversight/Express Review Permitting Unit
CBK/lmg
401 OversightlExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Intemet: http://h2o.enr.state.nc.us/ncwetlands/
NoithCarolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
The Biltmore Company
Page 2 of 2
January 4, 2010
cc: USACE Asheville Regulatory Field Office
Kevin Barnett, DWQ Asheville Regional Office
File Copy
Clement Riddle, CEC, 718 Oakland St, Hendersonville, NC 28792
Filename: 070602v3B i ItmorePondsHistoricRestoration(Buncombe)Retumed_Application. doc