20041178 Ver 2_More Info Received_20090821

CLEARWATER ENVIRONMENTAL CONSULTANTS,
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AGE
August 20, 2009
Mr. Roger Edwards
NC Division of Water Quality
2090 US Highway 70
Swannanoa, NC 28778
RE: The Ramble
DWQ Project No. 20041178 Version 3 #2
Buncombe County, North Carolina
Dear Mr. Edwards,
Please reference the 401 Water Quality Certification (Certification) issued by the NC
Division of Water Quality (DWQ) on July 30, 2009 (Attachment A). The Certification
authorizes 274 linear feet of stream impact at the Ramble in Biltmore Forest, Buncombe
County, North Carolina. This correspondence responds to the conditions in the
Certification.
DWQ Additional Condition 1: "You have 60 days from the date of the [Certification] to
make payment [to the EEP]."
The applicant will make payment to the EEP upon receipt of a 404 permit from
the US Army Corps of Engineers (Corps). Immediately upon receipt of the 404
permit, the applicant will request an invoice from EEP and payment will be made
for the required 15 linear feet of impact. Proof of payment will be forwarded to
the DWQ immediate upon receipt.
DWQ Additional Condition 2: "An on-site inspection from the Regional Office revealed
that the roadside swales at crossing #18 had stormwater drains to the surface water
below. Within 30 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."
Attached is a plan (Figure 1) designed by William G. Lapsley & Associates that
indicates the changes to the stormwater system at stream (bridge) crossing #18.
There is one drain located directly over Four Mile Creek on the north side of the
road. This drain will be plugged. Stormwater water will be captured in existing
drains on the north side of the road and discharged into riparian areas.
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www.cwenv.com

Mr. Roger Edwards
August 20, 2009
Page 2 of 4
On the south side of Valley Springs Road, the four stormwater drains were
directed into three outlets directly discharging into Four Mile Creek. The new
plan dictates that the drain directly over Four Mile Creek be plugged. The other
three stormwater drains will continue collect stormwater and a new drain line will
be constructed that discharges into the riparian area.
DWQ Additional Condition 3: "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 a manner that will cause aggradation or erosion of the stream up or down
stream of the culverts. An on-site inspection revealed the following: "
"Crossing #1 (dual barrel culverts) is perched above the streambed at its discharge
point."
The DWQ required two items regarding the installation of culverts at the Ramble.
These items are:
1. Culverts 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.
2. Culverts shall be designed and installed to allow for aquatic life movement
as well as prevent headcutting of the stream.
With regards to Item 1, at this time because neither the DWQ nor the applicant
can prove or disprove that the culvert in place is altering stream dimensions and
currently the stream below the culvert is stable and shows no signs of instability,
the applicant proposes to monitor the stream reach downstream (cross section and
profile) of the culvert installation for a period of 5 years and submit the findings
with the annual mitigation report. If instability is present during the monitoring
period, the applicant will submit a remediation plan to the DWQ and the Corps.
The applicant is not proposing monitoring on the upstream reach (above the
culvert installation) because there are two dams located immediately upstream of
the culvert, the upstream reach is not located on property owned by the applicant,
and the upstream segment of culvert was installed by the NC Department of
Transportation (DOT) and is not maintained by the applicant.
With regards to Item 2, impacts to aquatic life movement and headcutting were
determined prior to this culvert extension by previous culvert and impoundment
activities. Immediately upstream of the culvert extension are two small dams.
There is no stream reach beyond the culvert for aquatic life to move.
Additionally, the applicant cannot manipulate the DOT culvert under Highway
25. Headcutting is not possible upstream of the culvert because of the dams
located immediately upstream of the culvert. Also, Four Mile Creek has recently
been reclassified to be included within the FEMA mapped 100-year floodplain.
Mr. Roger Edwards
August 20, 2009
Page 3 of 4
Any new alterations to the culvert and stream will require a "no rise" certification
or "mapping adjustment" by FEMA.
No corrective action is proposed for this crossing.
"Crossing #2 (dual barrel culverts) is perched above the streambed at its discharge
point."
The applicant has evaluated crossing 42. This headwater culvert is perched
approximately 1 inch. However, the stream bed and banks are stable above and
below this location. In order to comply, with the DWQ's request, the applicant is
proposing a step-pool design to back up water into the culvert. This structure will
be installed in accordance with the attached detail (Figure 2). The as-built will be
included as part of the annual mitigation report.
"Crossing #3 is perched."
The applicant has evaluated crossing #3. This headwater culvert is perched and
there is a concrete apron below the crossing that creates a small step. However,
the stream bed and banks are stable above and below this location. In order to
comply, with the DWQ's request, the applicant is proposing a step-pool design to
back up water into the culvert. This structure will be installed in accordance with
the attached detail (Figure 2). The as-built will be included as part of the annual
mitigation report.
"Crossing #8 is perched at its discharge point."
Crossing #8 in its current condition is not perched. Photos of the crossing clearly
show water backing up in the culvert and streambed material accumulating in the
culvert. There is approximately 0.55 feet (6.6 inches) of water backing up into
the culvert. No corrective action is proposed for this crossing. The stream
segment is flat in this location and bedrock is present upstream of the culvert.
This crossing is stable and is not causing aggradation or erosion of the stream
channel. Photos of this crossing have been included for review (Attachment B).
The applicant believes the information in this letter satisfies items requested by the DWQ
in the Certification. Please do not hesitate to contact me at [phone] if you have
any questions or comments regarding the information submitting with this letter.
Sincerely,
--O n or)
eR. Clement Riddle
Principal
Mr. Roger Edwards
August 20, 2009
Page 4 of 4
cc: US Army Corps of Engineers - Liz Hair
NC Division of Water Quality, Raleigh - Ian McMillan
Attachment A
DWQ 401 Water Quality Certification
-? b
b
VALLEY SPR\NGS
0 VE ?, ORE,
RO A'
EXISTING DRAIN TO BE
PLUGGED & ABANDONED - -
-
-
b x-25
10
4 -
?--STING DRAIN
-- LINE 'TO BE
Q INTERCEPTED
AND EXTENDED
-- xxx X X-?(?E TO DAYLIGHT
EXISTING DRAIN LINE TO - -_
BE INTERCEPTED AND_- =
EXTENDED TO DAYLIGHT = ==
EXISTING DRAIN LINE TO
BE ABANDONED EXISTING DRAIN LINE
TO BE ABANDONED
V
A
Know what's below.
Call before you dig.
ClcarWater The Ramble Biltmore Forest Exisitng Bridge
Town of Biltmore Forest Drainage Improvements
Environmental Consultants, Inc. Buncombe County
718 OAKLAND ST
HENDERSONVILLE NC 28791 North Carolina
PHONE: [phone] SCALE: I"= 30
FAX: [phone]
AF?
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 30, 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 #2
Buncombe County
French Broad / Dingle Creek / C / 6-71
Dear Mr. Williamson:
Natural Resources
Dee Freeman
Secretary
The DWQ has completed the review of your 401 Water Quality Certification modification application associated with the
subject project listed above and shall replace the Certification issued May 29, 2009.
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 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally
Ramble P•,iltmore Forest, LLC
July 30, 2009
Page 2 of 3
Amount Approved (Units) Plan Location or Reference
Stream 100 (feet) 1
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)
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 15 (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
cause aggradation or erosion of the stream up or down stream of the culverts. Existing stream dimensions
Ramble Eiltmore Forest, LLC
July 30, 2009
Page 3 of 3
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 #1 (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 September 30, 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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are
final and binding unless you ask 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 H. Sullins, Director
CHSIkhb
cc: USACE Asheville Regulatory Field Office - Electronic Copy
401 Permitting Unit - Central Office - Electronic Copy
David McHenry - NC Wildlife Resources Commission - Electronic Copy
File Copy
G:\WPDATA\DEM WQ\l3uncombe\401 s\041178ver3.Ramble#2.approval.doc
Attachment B
Photos of Crossing #8
Crossing #8.
Crossing #8. Water level measured at 0.55 feet.