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Home My WebLink About19960518 Ver 1_COMPLETE FILE_19960528State of North Carolina Department of Environment, Health and Natural Resources • Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary p E `.---? N F1 A. Preston Howard, Jr., P.E., Director June 8, 1996 Buncombe County DEM Project # 960518 APPROVAL of 401 Water Quality Certification Mr. John Cecil, President Biltmore Farms, Inc. P.O. Box 5355 Asheville, NC 28813 Dear Mr. Cecil: You have our approval to place fill material in 0.015 acres of wetlands or waters for the purpose of constructing a sanitary sewer across Ducker Creek near Forest Apts., as you described in your application dated 23 May 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3022. This certification allows you to use Nationwide Permit Number 12 when it is issued by the Corps of Engineers. 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 and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Donley at 919-733- 1786. Sincerely, NAL- ton Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DEM Regional Office Mr. John Donley Central Files Philip Ward; William Lapsley and Associates 960518.1tr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper n 'William G. Lapsley & Associates4M.41?SUED Consulting Engineers and Land Planners 1635 Asheville Highway Post Office Box 546 Hendersonville, North Carolina 28793 704-697-7334 • FAX 704-697-7333 May 23, 1996 Mr. David Baker U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Ave. Room 143 Asheville, NC 28801-5006 Re: The Forest at Biltmore Park Apts. - Phase 2 Buncombe County Dear Mr. Baker: William G. Lapsley, PE. Gary'IVeed, P.E. John 13. Jeter, Y.E. Philip Ward, L.S.A. Enclosed for your review and approval is the application and supporting information to obtain a nationwide permit to impact a tributary stream. The impact would be, installing a sanitary sewer line under Ducker Creek and adding rip-rap for additional cover over the proposed ductile iron pipe. The sewer line will serve a proposed 200 unit apartment complex which is phase 2 of The Forest at Biltmore Park Apartments, located off Long Shoals Road in Buncombe County. If you have any questions or comments, please don't hesitate to contact me. Sincerely, Philip S. ar , Jr. PSW/ds cc: Ken Vasilik- Biltmore Farms David Yow- NC Wildlife Resources Commission John Dorney- NCDEM to Printed of Recycled Paper DEM ID: 9 0 ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL NT NC DEPARTMENT OF ENVIRO T%? TNT AND NATURAL RESOURCES P.O. Box 29535 Raleigh, NC 27626-0535 ATTN: MR. JOHN DORNEY l Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. Owners Name: 61 ;?rmom (JOW,H 5A.V. wr*fr.?;61MRI 2. Owners Address 3. Owners Phone Number (Home): (Work): -7 L - Z 7a Z???7 4. If Applicable: Agent's name or responsible corporate official, address, phone number. 5. Location of work (MUST ATTACH MAP). County: 9 lu N 60M Nearest Town or City: N t? ey I L Specific Location (Include road numbers, landmarks, etc.):'Vae FVM V `ably ??17TF-?_ ?? W G G . Qr:?g La6 92 Ak Q-1 6. Name of Closest Stream/River. 7. River Basin: I?tze1-AGA ? 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [ ] 9. Have any Section 404 permits been previously requested for use on this property? YES (7CJ NO [ J If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: of 00 416 Drained: Flooded: Excavated: o.01 Total Impacted: (9r o l *kL e J k' . 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): 13. Purpose of proposed work: 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine. Fisheries Service (NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ ] NO [ ] RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NO [ ) RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: A. 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