20181589 Ver 1_More Info Received_20190122

CiLearWaLer
C1earWater Environmental Consultants, Inc.
www.cwenv.com
January 16, 2019
Ms. Amanda Jones
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-2638
Ms. Karen Higgins
NC Division of Water
401 Permitting & Buff
512 N. Salisbury Street, 91 Floor
Raleigh, North Carolina 27604
RE: Biltmore French Broad River and Swannanoa River Bank Stabilization
Nationwide Permit 13 Modification to Application
Buncombe County, North Carolina
Dear Ms. Jones and Ms. Higgins,
The attached addendum to the Pre -Construction Notification (PCN) is being submitted on behalf
of The Biltmore Company represented by Mr. Parker Andes. The project site is a +/- 2,485 acre
parcel with a physical address of 1 Lodge Street, Asheville, North Carolina (35.56685, -
82.546343). The applicant is seeking a Nationwide Permit 13 for bank stabilization in four
locations on the French Broad river and three locations on the Swannanoa River to prevent loss of
property and for an emergency portage location for recreational water craft on the French Broad
River. This addendum includes an updated page 4 of the PCN form which includes an additional
60 LF of impacts (S9) for bank repairs on a new location on the Swannanoa River, updated
figures (Figures 1-4, Sheets 7 and 7a), and statement in response to USACE and DWR requests
for additional information dated December 20, 2018 (Attachment A). The additional impact S9
will be carried out with equipment operating at the top of bank and will not require access from
the riverbed.
Copies of this package have been sent to Zan Price of the Division of Water Resources Asheville
Regional Office, Andrea Leslie of the NC Wildlife Resources Commission, Jason Mays and
Mark Endries of the US Fish and Wildlife Service.
Please do not hesitate to contact me at 828-698-9800 if you have any questions or comments.
Sincerel
Alea Tuttle, P.W.S.
Biologist
R. Clement ddle, P.W.S
Principal
Copy Fumished:
NC Division of Water Resources — Zan Price
NC Wildlife Resources Commission — Andrea Leslie
US Fish and Wildlife Resources Commission — Mark Endries; Jason Mays
32 Clayton Street
Asheville, NC 28801
828-698-9800 Tel

NWP 13 Application Biltmore French Broad Swannanoa River Stream Stabilization Request for
Additional Information RE: Construction Access for the Biltmore Estate Streambank Repairs on the
Swannanoa River
Introduction: Two locations near the Biltmore Estate main entrance are proposed for repair requiring
earthmoving equipment operating from within the channel. The downstream repair, Impact S5, is an 80 ft
section of bank to be protected with a boulder vane located adjacent to the approach road approximately
200 ft west of the gate house. Approximately 350 feet upstream is Impact S6, a 170 ft section which includes
repair of an eroding bank with brush mattresses and the installation of a log vane, located adjacent to the
group sales lot. The construction access point for both repairs is proposed through the group sales lot. To
access the area for Impact S5 the applicant proposes traversing earthmoving equipment approximately
350LF through the Swannanoa River stream channel. Materials for Impact S5 would be stockpiled at the
construction entrance near Impact S6 and carried to Impact S5 through the channel. This access was chosen
as it is the most practical option available for repairing the stream bank without causing major disruptions
to Biltmore Estate business operations.
The Biltmore Estate Stream Bank Repairs were discussed on a field visit to the site December 17, 2018,
which was attended by representatives of the USACE, FWS, NCWRC, Biltmore Estate, CEC, Headwaters
Engineering, and Dinkins Biological. During the meeting, the applicant stated that the best execution of the
proposed streambank repairs would require the use of earthmoving equipment to be operated from within
the channel on the Swannanoa River.
The applicant received written comments via email on December 20, 2018 from the USACE and DWR.
Amanda Jones of the USACE requested the following information regarding construction access within the
channel:
"Also noted in the meeting was the plan to track equipment in the Swannanoa River between the
two impact sites since there is no way to access/stage which is approximately 250 feet between the
two sites. It was also mentioned that equipment may stay in the river and not be pulled out at the
end of the day. Please revise the PCN to include this area in between as a temporary impact and
include a narrative/discussion as to how this work would occur to include estimated time that
equipment will be in the river and plans for minimizing/reducing impacts to channel bottom and
turbidity. Discussions should also address contingency plans for if/how equipment will be removed
from the River in the event of a storm/high water event. "
Zan Price of the DWR requested the following information on December 20, 2018:
"DWR will need more information if this is proposed in the revised PCN. The Permittee shall take
all reasonable measures to construct in -stream structures while keeping heavy equipment out of
the stream channel. Only equipment that is being used to install structures may enter the stream
channel. This exemption does not authorize the use of equipment within the stream channel for any
other purpose such as a haul road, access, streambank reshaping etc. Equipment shall access the
stream at the closest point possible to reduce impacts to the stream bed. The majority of stream
flow shall be diverted around work areas along the stream banks such as toe protection and bank
sloping. All reasonable steps must be taken to limit the amount of disturbance in the channel and
to therefore reduce downstream turbidity during construction. "
CEC Response: The practice of using the river channel to move materials and equipment is not
unprecedented when it is the most practical option. Excavators were authorized and operated within the
stream bed and traversed the channel in antecedent repairs to the Swannanoa river banks which occurred in

2014 (See Photo 1). For reasons outlined below, the applicant believes this is the most practicable solution
to gaining access to the Swannanoa River bank at the proposed Impact S5 repair location.
The Impact S5 repair is in a difficult to access location with little area between the main entrance road and
the top of bank (See Photos 2 and 3). The area between the main entrance road and the channel is insufficient
to accommodate earthmoving equipment and staging materials without greatly disrupting the flow of traffic
or intruding upon the aesthetic of the historic "Approach Road." There is also no other location less than
350 feet from the proposed S5 location that provides suitable access. The narrow steep area between the
approach road and the Swannanoa river extends for several hundred feet. A new safe entrance location
would require approximately 120ft to build a necessary ramp at a 10% percent slope into the river. This
would require major disruption to the approach road. Alternatively, a portion of the group sales lot would
already have restricted public access for the duration of the repairs (approximately two weeks). In this area,
there is enough space for material to be stockpiled and earthmoving equipment to gain access to the river,
without majorly disrupting the normal operation of the Biltmore Estate main entranceway. However, there
will be reduced parking capacity for large groups of visitors during this time. The most practical solution
is to utilize this area for construction access and materials for both the S5 and S6 repair areas.
The Biltmore main entrance gate typically varies between 2,000-7,000 vehicles per day, which can form a
line of vehicles backing up beyond the boundary of the Estate even during normal operation. In addition,
traffic leaving the estate often backs up along the main entrance road past the point of the gate house
adjacent to the proposed Impact S5 location. It is important to note the proximity of the gate house to two
busy intersections at Lodge street and McDowell Street, and at Lodge Street and Hendersonville Road.
Restricting the flow of traffic at the gate house location near impact S5 would create a nuisance affecting
visitors to the Biltmore Estate as well as visitors to the Historic Biltmore Village and daily commuters who
must pass through the area along McDowell Street and Hendersonville Road. If a second construction
access point were created at Impact S5, traffic could be disrupted for several days.
The main entrance road, also known as the "Approach Road," has historical significance. Care must be
taken to avoid disturbing existing features in the vicinity of the stream bank repair, including a stone
retaining wall and mature trees, which were a part of the original landscape designed by Fredrick Law
Olmsted. Enjoying the aesthetic of the Approach Road is an element of the overall experience visitors
receive as guests of the historic Biltmore Estate. Therefore, preserving this aesthetic is an important
consideration in this unique setting.
For these above outlined reasons, the applicant believes that building a construction access point adjacent
to Impact S5 on the approach road is not practical. The applicant requests temporary construction access
through the Swannanoa River channel to perform repairs at the location of Impact S5. Figure 7 and page 4
of the PCN have been revised to include this area of temporary impact. Efforts to reduce impacts to the
river bottom and reduce turbidity would include temporary strategic placement of boulders to deflect the
river flow, thereby creating an area of slow-moving water surrounding the repair area while equipment is
operating within the channel. Work would proceed only during low flow conditions, and equipment would
be removed from the channel at the end of each work day. In the event of the threat of high water, equipment
would be removed from the channel immediately and work would not continue until the water levels have
returned to safe operating conditions.

s ta;
�v
\ z�i Ab
7 - to � + -�' 's --"'Ye!•..
��[ S'�-vim Y,ais"•" `'M` y ; 'r`—�',�_ -
te� * mac,- >, �� �Y,,•'��v-s�� : t,�. •' - - -!• -
r �
S r: '^' �•,�y i-�e- .:gin �-.?
T �sy
o
Photo 3: View of the proposed Impact S5 area- facing west. 12-31-2018

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands © Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of impact
Type of wetland
Forested
Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary
W1 -
Choose one
Choose one
Yes/No
-
W2 -
Choose one
Choose one
Yes/No
-
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary m
(feet)
feet)
S1 P
Stabilization
French Broad River
PER
Corps
200
220
S2 P
Stabilization
French Broad River
PER
Corps
200
165
S3 P
Stabilization
French Broad River
PER
Corps
200
160
S4 P
Stabilization
French Broad River
PER
Corps
200
290
S5 P
Stabilization
Swannanoa
PER
Corps
60
80
S6 P
Stabilization
Swannanoa
PER
Corps
60
170
3h. Total stream and tributary impacts
1,585
3i. Comments:
For Question 3h. Stream impacts S7 - S10 listed below are included in the total:
S7 / P / Emergency Portage / French Broad River / PER / Corps / 200 / 70 LF
S8 / P /Outlet stabilization / French Broad River / PER / Corps / 200 / 10 LF
S9/ P / Stabilization / Swannanoa River / PER / Corps / 60 / 60 LF
S10/ T / Construction Access / Swannanoa River / PER / Corps / 60 / 350 LF
Page 4 of 10
PCN Form —Version 1.4 January 2009

Biltmore French Broad Bank Stabilization (+/-2,485 AC)
o
71
Asheville
Is,
S
Zboy
7,1-.
French Broad River
Bank Stabilization areas
0
0
ro
Tunn-1
TSwannanoa River
Slump repair and log vane
81
r'o%I St —
Rd
D of Swalnnanc
0 Ift,
,VGeolift s
French Broad River
Emergency portage log vane
Legend
Repair Locations I
Project Parcel
Drawn by: AKT 10.23.2018; CEC Project# 1001
Buncombe County,
North Carolina
River 0
'IcIK
Biltmore
Forest
LI
Blue
NO
OK
SOUICWS� Esri, Del
Copyright: @ 2013
n in
,..-,arWater
32 Clayton Street
Asheville, North Carolina 28801
N 044
FA
74
1�
N
0 0.5 1 2
Miles
on,ql Geographic S'016i0y
Vicinity Map
Figure I

Ma
�a •r�PAN
•

Biltmore Bank Stabilization (+/-2,485 AC)
French Broad River Bank Stabilization areas
(EwE) - Evard-Cowee complex
30-50% slopes, stony
rr
French Broad River Emergency portage
(BeA) - Biltmore loamy sand
0-3% slopes, occasionally flooded
Swannanoa River Slump repair
(EwD) Evard- Cowee complex 15-30% slopes, stony
(UfB) Udorthents- Urban land complex. 0-5% slopes
Nor g
Swannanoa River Geolifts
(RsA)- Rosman fine sandy loam 0-3% slopes, occasionally flooded
Legend
Repair Locations ® CsD
s ExE
TmC
Project ParcelCuC
FrA
- TsA
SOIIS
® CuD
HpA
�� Ud
BeA
- DrB
IoA
UfB
BkB2
HE
�� RsA
UhE
BkC2
EvD2
StB
UnB
j CkC2
EvE2
- TaB
UnC
CkD2
- EwC
_ TaC
F Ux
CsB
- EwD
- TaD
W
CSC
EwE
TkC
Drawn by: AKT 10.23.2018; CEC Project# 1001
-..
N _ v iap
Buncombe County, rLeaMr"`e
North Carolina
32 Clayton Street
Asheville, North Carolina 28801
� M-41,6ZEN
N
0 0.25 0.5 1
C
Miles
USDA Soil Survey
NRCS Web Soil Survey
Figure 3

Biltmore Bank Stabilization (+/-2,485 AC)
M
FI n
i� French Broad River
���• Bank Stabilization areas
L",
Swannanoa River
Geolifts
0
French Broad River
Emergency portage
Legend
Repair Locations
r Project Parcel
Flood Hazard Zones
Zone Type
1 % Annual Chance Flood Hazard
Regulatory Floodway
Special Floodway
Area of Undetermined Flood Hazard
i
0.2% Annual Chance Flood Hazard
Future Conditions 1%Annual Chance Flood Hazard
Area with Reduced Risk Due to Levee
Drawn by: AKT 10.23.201JC
OneMap; N
ff"Board
Updated 1.11 2019
�( do
Buncombe County,
..-arWaLer
North Carolina
Swannanoa River
32 Clayton Street
Slump repair
Asheville, North Carolina 28801
FEMA Flood Insurance Rate Map
Panel 3700963700J & 3700964700J
Figure 4
Swannanoa River
Slump repair
P.
FEMA Flood Insurance Rate Map
Panel 3700963700J & 3700964700J
Figure 4

:d
1 -- I a
f�
LLI
i
A / Q
o to
F- W
U ry
cn
w
N o
0001
CD
O U o
0.0
W � N04
C
OA RIVER p w = Z z°
;;WANNAN O wo a;
z 0 —
=W w<m
Z
60 LF GEOLIFTS 0 z
Q W
N � }
J Q
H
_ Impact S9 Co n Z)
+ �w0
'
W U
0 Co
� � W
Q
Co 0
W Co z
m
__— -- - DATE: JAN. 2019
SCALE: AS SHOWN
LEGEND
PLAN
GEOLIFTS 0 60' 120' 180' SWANNANOA
SHEET 7A OF 11

RLLJ
E -USE DOWNED HICKORY AT o z
- TOE OF SLUMP FOR LOG VANE z O
I r - cn
Impact S6 .' >
Xei. V
CONSTRUCTION ACCESSAL 0
o
y.^O
THROUGH GROUP SALES LOT <1 m
- SLUMP REPAIR: REMOVE SLUMPED
r
SOIL/DEBRIS, SLOPE 2:1, BRUSH MATTRESS
AT TOE, LIVE STAKE UPPER SLOPE`S
-
3 SPRUCE AND
D
� " REMOVE
i LEANING ELM U N a
A
o�
P
"< Cod
CONSTRUCTION STAGING AREA a
af Co U
v'
i W C7
P
ARTIAL LOT CLOSURE
.2 zQ z U Z
Impact S 10 Viz_ w
§ Lu w N m
Q
Z
f
Z
O U
Qw}
Jz
H
Q w O
�J w v
Illo :a U)
PloP P;.
�P� JPS a Y O m
`�F Q��
yJp' ►1 g0 Co J O
S Impact SS
wmz
y �m
LEGEND
DATE: OCT. 2018
SCALE: AS SHOWN
BANKGRADING xxxxxxxx'x'x—xxx--xx-1, PLAN
LOG VANE SWANNANOA
BOULDER VANE 0 60' 120' 180,
SHEET 7 OF 11

Attachment A: USACE and DWR Requests For Additional
Information, December 20, 2018

Alea Tuttle
From: Fuemmeler, Amanda 1 CIV (US) <[e-mail]>
Sent: Thursday, December 20, 2018 10:46 AM
To: Clement Riddle, Andrew Bick ([e-mail])
cc: [e-mail], Leslie, Andrea 1; Alea Tuttle,, Price, Zan (George)
Subject: Biltmore Bank Stabilization Project: Additional Information / Coordination
Clement/Andrew,
Just following up from our meeting on Monday based on the discussions we had. As 1 mentioned there are several on-
going coordination efforts that will need to be resolved before we can issue the permit. With regards to Section 7 ESA,
we will concur with USFWS's recommendations to survey the French Broad River portions of the impact areas to
determine the presence/effects to Appalachian elktoe. At this time, I do not believe surveys of the Swannanoa River
impact areas are warranted but if USFWS wants to provide justification otherwise then they can do so and we will
evaluate that information. Please proceed with scheduling these surveys in the French Broad portions and coordinating
with USFWS on survey requirements/methodologies.
1 also mentioned upcoming coordination with SHPO/THPO. Until we get the cultural resource survey and the results, we
cannot determine what effects there may be to these resources so I would recommend completing those studies and
forwarding to me/SHPO as soon as possible. I have initiated consultation with SHPO but not THPO pending findings of
the survey.
Also noted in the meeting was the plan to track equipment in the Swannanoa River between the two impact sites since
there is no way to access/stage which is approximately 250 -feet between the two sites. It was also mentioned that
equipment may stay in the river and not be pulled out at the end of the day. Please revise the PCN to include this area in
between as a temporary impact and include a narrative/discussion as to how this work would occur to include estimated
time that equipment will be in the river and plans for minimizing/reducing impacts to channel bottom and turbidity.
Discussions should also address contingency plans for if/how equipment will be removed from the River in the event of a
storm/high water event. Zan may have some additional thoughts/comments related to the 401 requirements. Once we
review this information, I may additional comments on this issue.
Please contact me with any questions, thanks.
Amanda Jones
Regulatory Specialist
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
828-271-7980 ext. 4225

Alea Tuttle
From: Price, Zan (George) <[e-mail]>
Saw. Thursday, December 2Q 2018 2:44 PM
To: Fuemmeler, Amanda 1 CIV (US); Clement Riddle; Andrew Bick ([e-mail])
cc [e-mail]; Leslie, Andrea J; Alea Tuttle
Subject RE: [External] Biltmore Bank Stabilization Project Additional Information / Coordination
See one of our common conditions below in regards to using the channel as an access route. DWR will need more
information if this is proposed in the revised PCN.
This authorization exempts the Permittee from meeting Condition 11.9 in the attached General Certification #4134 for
the placement of in -stream structure material into XX Creek. The Permittee shall take all reasonable measures to
construct in -stream structures while keeping heavy equipment out of the stream channel. Only equipment that is being
used to install structures may enter the stream channel. This exemption does not authorize the use of equipment within
the stream channel for any other purpose such as a haul road, access, streambank reshaping etc. Equipment shall
access the stream at the closest point possible to reduce impacts to the stream bed. The majority of stream flow shall
be diverted around work areas along the stream banks such as toe protection and bank sloping. All reasonable steps
must be taken to limit the amount of disturbance in the channel and to therefore reduce downstream turbidity during
construction. This exemption does not relieve the Permittee of meeting stream standards as indicated in 15A NCAC 026.
[15A NCAC 02H .0506(f)]
Zan Price, P.E.
Assistant Regional Supervisor - Asheville Regional Office Water Quality Regional Operations Section NCDEQ - Division of
Water Resources
828 296 4662 office
828 2319634 mobile
[e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
-----Original Message -----
From: Fuemmeler, Amanda J CIV (US) <[e-mail]>
Sent: Thursday, December 20, 201810:46 AM
To: Clement Riddle <[e-mail]>; Andrew Bick ([e-mail]) <Andrew@headwaters-
eng.com>
Cc: [e-mail]; Leslie, Andrea J <[e-mail]>; Alea Tuttle <[e-mail]>; Price, Zan
(George) <[e-mail]>
Subject: [External] Biltmore Bank Stabilization Project: Additional Information / Coordination
CAUTION: External email. Do not click links or open attachments unless verged. Send all suspicious email as an
attachment to Report Spa m.<mailto:report.spam @ nc.gov>
Clement/Andrew,