20041178 Ver 2_Approval Letter_20090529

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 29, 2009
Tom Williamson
Ramble Biltmore Forest, LLC
One Town Square, Suite 330
Asheville, North Carolina 28803
Subject: 401 Water Quality Certification - Approval
The Ramble
DWQ Project # 20041178 Version 3
Buncombe County
French Broad / Dingle Creek / C / 6-71
Dear Mr. Williamson:
Dee Freeman
Secretary
The DWQ has completed the review of your 401 Water Quality Certification modification application associated with the
subject project listed above.
This modified Approval is being granted to place fill within or otherwise impact 274 linear feet of streams for the purpose
of'residential subdivision development at the subject property. This approval requires you to follow the conditions
listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3705. This Certification allows you to use
Regional General Permit 29 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the corresponding USACE General Permit Verification. In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your
project including (but not limited to) Erosion and Sediment Control and stormwater regulations.
This approval is for the purpose and design that you described in your application. If you change your project, you must
notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of this
Certification are met. No other impacts are approved including incidental impacts:
Location: 2090 US Highway 70, Swannanoa, North Carolina 28778
Phone [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunily 1 Affirmative Action Employer
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Ramble Biltmorc Forest, LLC
May 29, 2009
Page 2 of 3
Amount Approved (Units) Plan Location or Reference
Stream 100 (feet) l
Stream 20 (feet) 2
Stream 10 (feet) 3
Stream 40 (feet) 8
Stream 20 (feet) 9
Stream 20 (feet) 10
Stream 4 (feet) 18
Stream _ 20 (feet) Utility Crossing A (Temp)
Stream 20 (feet) Utility Crossing B (Temp)
Stream 20 (feet) Utility Crossing G (Temp)
Additional Conditions
1. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
The proposed 40 foot of mitigation credit for the removal of 20 feet of pipe is inappropriate. Mitigation must be
provided for the 35 linear feet of un-mitigated impacts as specified in the table below. We understand that you
wish to make a payment to the NCDENR Wetlands Trust Fund administered by the NC Ecosystem Enhancement
Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable
method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to:
DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall
occur. The EEP should be contacted at [phone] if you have any questions concerning payment into the
fund. You have 60 days from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the NCDENR Wetlands Trust Fund to meet the
following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin Number
Stream 35 (linear feet) French Broad B2
2. No Direct Discharge of Stormwater
The Water Quality Certification Additional Conditions (issued August 5, 2004) for this project required
that "no direct discharge of concentrated stormwater shall be allowed from this project. All collected
stormwater must be treated and discharged via diffuse flow through vegetated buffers." An on-site
inspection from the Regional Office revealed that the roadside swales at crossing # 18 had stormwater
drains to the surface waters below. Within 30 calendar days of the issuance of this Certification, you
must provide a plan and time line for implementation, which will bring this crossing into compliance
with the above condition.
3. Culvert Installation
The Water Quality Certification Additional Conditions (issued August 5, 2004) for this project required that
"culverts required for this project shall be installed in such a manner that the original stream profiles are not
altered. Existing stream dimensions including the cross section dimensions, pattern, and longitudinal profile must
be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for
aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are, or
become perched the appropriate stream grade shall be re-established, or if the pipes installed in a perched manner
the pipes shall be removed and re-installed correctly. Culverts shall not be installed in such a manner that will
Ramble Biltmore Forest. LLC
May 29, 26.99
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cause aggradation or erosion of the stream up or down stream of the culverts. Existing stream dimensions
including the cross section dimensions pattern and longitudinal profile shall be maintained above and below
locations of each culvert." An on-site inspection from the Regional Office revealed the following
• Crossing 91 (dual barrel culverts) is perched above the streambed at its discharge point.
• Crossing #2 (dual barrel culverts) is perched above the streambed at its discharge point.
• Crossing #3 is perched.
• Crossing #8 is perched at its discharge point.
All crossings within the development must be re-evaluated, documented (photographs with scale both above and
below) and a plan developed to bring all crossings into compliance with the above cited Certification condition.
This plan along with a time line for implementation shall be submitted within 30 calendar days of issuance with
this approval.
All mitigation and installation modifications shall be completed prior to August 31, 2009. Violations of any condition
herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts),
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, 6" 14 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are
final and binding unless you ;;sk for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657.
Sincerely,
Coleen E1. Sullins, Director
CHS/khb
Eric: GC3705
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit - Central Office
David McHenry - NC Wildlife Resources Commission
File Copy
G:\WPDATA\DEM WQ\Buncombe\401 s\041178ver3.Ramble. approval. doc