20030832 Ver 3_Approval Letter_20181011

North Carolina Department of Environmental Quality  Division of Water Resources
2090 US 70 Highway, Swannanoa, NC 28778
828.296.4500

October 11, 2018
DWR # 03-0832 V3
Buncombe County

Biltmore Forest Country Club
Attention: Michael Heustis
31 Stuyvesant Road
Biltmore Forest, NC 28803

Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Biltmore Forest Country Club Stream Enhancement

Dear Mr. Heustis:

You have our approval for the impacts listed below for the purpose described in your application
dated August 3, 2018 with additional information received on September 14, 2018. These
impacts are covered by the attached Water Quality General Certification Number 4134 and the
additional conditions listed below. This certification is associated with the use of Nationwide
Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that
you should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge,
Water Supply Watershed, and Trout Buffer regulations.

This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:

1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]

Type of Impact

Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary

Stream Impact
Impact S1 1920 (linear feet)

Biltmore Forest Country Club Stream Enhancement
DWR# 03-0832 V3
401 Approval
Page 2 of 3

2. The designer or his designee shall supervise the installation of in-stream structures.
[15A NCAC 02H .0506(b)(2)]

3. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission (NCWRC) comment letter dated August 31, 2018
(attached) to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)]

4. Visual monitoring of the stabilization project shall be conducted at a minimum of
quarterly for the first year or two bankfull events (whichever is longer), and then
annually until the site is stable (particularly after storm events) and vegetation is
successful. Any failures of structures, stream banks, or vegetation may require future
repairs or replacement, which requires coordination with the Asheville Regional Office
to ensure the stability and water quality of the stream and downstream waters. [15A
NCAC 02H .0506(b)(2) and (b)(3)]

5. The receiving stream shall be monitored for turbidity and sedimentation throughout the
duration of the project. If water quality standards are contravened, repair activities shall
be stopped immediately and the applicant shall contact Zan Price with the Division at
828-296-4662. [15A NCAC 02B .0211 (21)]

This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]

This Certification/General Permit/Buffer Authorization can be contested as provided in General
Statute 150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH) within sixty (60) calendar days.

A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the
OAH Clerk’s Office at [phone] for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH
during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays).

The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:

If sending via US Postal Service: If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285

Biltmore Forest Country Club Stream Enhancement
DWR# 03-0832 V3
401 Approval
Page 3 of 3

One (1) copy of the petition must also be served to DENR:

William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H .0500. Please contact Zan Price at 828-296-4662 or
[e-mail] if you have any questions or concerns.

Sincerely,

Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office

Enclosures: GC 4134
Certificate of Completion
NCWRC letter dated August 31, 2018

cc: Ronnie Dilbeck – Creekstone, PLLC (via email)
Amanda Jones – USACE Asheville Regulatory Field Office (via email)
Andrea Leslie – NCWRC (via email)
Doug Sharp – Buncombe County Planning (via email)
DWR ARO 401 files

\\wp3dnfp06.eads.ncads.net\data\WR\WQ\Buncombe\401s\Non-DOT\Biltmore Forest Country Club Stream
Enhancement\20181011_Biltmore Forest CC Stream Enhancement_APPRV.docx

North Carolina Department of Environmental Quality | Division of Water Resources
2090 US 70 Highway, Swannanoa, NC 28778
828.296.4500

WR Project No.: __________________ County: ____________________________________
Applicant: __________________________________________________________________________
Project Name: ______________________________________________________________________
Date of Issuance of 401 Water Quality Certification: ________________________________________

Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 and
Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh,
NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant’s authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant’s Certification
I, _____________________________________, hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: ______________________________ Date:_________________________________
Agent’s Certification
I, _____________________________________, hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: ______________________________ Date:_________________________________
If this project was designed by a Certified Professional
I, ____________________________________, as a duly registered Professional ___________ (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to
the best of my abilities, due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: ______________________________________ Registration No. ________________
Date ____________________

North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director

Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
August 31, 2018

Ms. Amanda Fuemmeler
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006

SUBJECT: Biltmore Forest Country Club Stream Enhancement
Brown Branch, Buncombe County

Dear Ms. Fuemmeler:

Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to stabilize 1,920 feet of Brown Branch in Buncombe County. Staff visited the site
on August 27, 2018. Our comments on this application are offered for your consideration under
provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).

Project activities should not impact wild trout reproduction, and work does not need to be
avoided during a trout moratorium.

The project would entail stabilizing a section of Brown Branch in place that is eroding and
incised and has little to no woody riparian vegetation along much of its length. Much of the
existing boulder armoring and rock walls would remain, although some of the boulder material
would be incorporated into instream structures. Geolifts, coir fiber blocks, instream vanes and
bank sloping will be used throughout the design. The design involves planting a narrow native
woody buffer with livestakes from the stream edge to the top of bank. Woody vegetation would
be maintained at a maximum height of 3-4 ft.

A forested riparian buffer is essential in maintaining long-term stability of the project. A wide
forested buffer can ensure greater bank stability, filter overland pollutants, and provide habitat
for birds and other wildlife. The uppermost portion of the project does not involve any riparian
planting; the right bank is currently grassed, and we recommend planting a woody buffer as wide
as infrastructure allows to maintain stability. We also recommend extending the width of the
planted buffer as far as possible throughout the project. Maintenance of the buffer should be
done carefully, ensuring that it is not cut lower than 2 ft and allowed to grow up to 3-4 ft.
Biltmore Forest Country Club Page 2 August 31, 2018
Brown Br, Buncombe County

Additional woody plants that could be incorporated into the planting plan include Tag Alder,
Winter Berry, Spicebush, and Ninebark, among others.

We offer the following recommendations to minimize impacts to fish and wildlife resources:
1. In-channel work should be accomplished as quickly as possible and vigilance used in
sediment and erosion control during site preparation, construction, and clean up. Disturbed
areas should be seeded, mulched and/or matted as soon as possible, preferably at the end of
each work day.
2. Any erosion control matting used should be free of plastic or nylon mesh, as this type of
mesh netting frequently entangles wildlife and is slow to degrade, resulting in a hazard that
may last for years.
3. As described above, we recommend expanding the planted woody riparian buffer as much as
infrastructure allows throughout the site. Maintenance of the buffer should be done
carefully, cutting vegetation to a height no less than 2 ft.

Thank you for the opportunity to review and comment on this project. Please contact me at
[phone] if you have any questions about these comments.

Sincerely,

Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program

Attachment: Small-scale Solutions to Eroding Streambanks

ec: Zan Price, NC Division of Water Resources
Ronnie Dilbeck, Creekstone