20070602 Ver 1_Application Returned_20070629

~OF W A T~~p Michael F. Easley, Governor
`(~ <'i William G. Ross Jr., Secretary
t/J r North Carolina Department of Environment and Natural Resources
> ~
~ .~ Coleen H. Sullins, Director
Division of Water Quality
June 29, 2007
DWQ Project # 07-0602
Buncombe County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
The Biltmore Company
One North Pack Square
Asheville, NC 28801
Subject Property: Ram Branch Historic Preservation
Ram Branch [040302, 6-78-25, C]
RETURN OF APPLICATION
Dear Sir or Madam:
On Apri15, 2007, the Division of Water Quality (DWQ) received your application dated March
27, 2007, to fill or otherwise impact 0.05 acres of 404/wetland and 1601inear feet of perennial
stream to conduct the proposed stream restoration. On June 25, 2007, the DWQ received
additional information from you, however, your application remains unacceptable due to the
following items:
1. Please locate all isolated or non-isolated wetlands, streams, and other Waters of the State
as overlays on the site plan. Understanding, as you have indicated, that your property
encompasses over 8,000 acres of land, we can accept a map clearly showing the
boundaries of your project with a narrative indicating that your project will not impact
any streams, wetlands or waters outside of your project corridor, but within the Biltmore
property.
2. Please show the boundaries of all the delineated wetlands on the detail sheets.
3. It is still unclear from the plans provided what the profile and dimensions of the stream
relocation will be. Please provide plans that clearly demonstrate the profile and
dimensions of the proposed channel. Your plans must include designs and specifications
that meet the definition of stream restoration (or enhancement if no relocation is
proposed) according to the latest version of the Internal Technical Guide for Stream
Work in North Carolina available at http://h2o.ehnr.state.nc.us/ncwetlands/strmgide.html
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.
N ne Carolina
401 Oversight/Express Review Pennitting Unit ~'1llCQay
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o.eur.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

The Biltmore Company
Page 2 of 2
June 29, 2007
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.
S' erel ,
Cyndi Karoly, Supervisor
O1 Oversight/Express Review Permitting Unit
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: 070602Ra mBranchHistoricPreservation(B uncom be)Return ed_Applica lion