20191577 Ver 1_Approval Letter_20200601

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Biltmore Farms LLC
Attn: Mr. Lee Thomason
One Town Sq Blvd, Suite 330
Asheville NC 28803
NORTH CAROLINA
Environmental Quality
June 1, 2020
DWR # 20191577
Buncombe County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Biltmore Farms LLC Development
USACE Action ID. No. SAW-2019-01867
Dear Mr. Thomason:
Attached hereto is a copy of Certification No. WQC004226 issued to Mr. Lee Thomason and Biltmore
Farms LLC, dated June 1, 2020. Please note that you should get any other federal, state or local permits
before proceeding with the subject project, including those required by (but not limited to) Sediment
and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of 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.
D North Carolina Department of Environmental Quality Division of Water Resources
E Q��
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NoarNcnaouNn �
Department of En iroamental Quay �� 919.707.9000

Biltmore Farms LLC
DWR Project #20191577
Individual Certification #WQC004226
Page 2 of 7
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This Certification completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Contact Sue Homewood at 336-776-9693 or [e-mail] if you have
any questions or concerns.
Sincerely,
S. a"..4a
S. Daniel Smith, Director
Division of Water Resources
cc: Clement Riddle, ClearWater Environmental Consultants Inc. (via email)
Amanda Jones-Fuemmeler, USACE Asheville Regulatory Field Office (via email)
Byron Hamstead, USFWS (via email)
Andrea Leslie, NCWRC (via email)
Todd Bowers, EPA, (via email)
DWR 401 & Buffer Permitting file
Filename: 20191577BiltmoreFarmsLLC(Buncombe)_401_IC.docx

Biltmore Farms LLC
DWR Project #20191577
Individual Certification #WQC004226
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004226 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500,
to Mr. Lee Thomason and Biltmore Farms LLC, who have authorization for the impacts listed below, as
described within your application received by the N.C. Division of Water Resources (Division) on
November 18, 2019 and subsequent information on January 6, 2020, March 6, 2020, March 26, 2020 and
April 22, 2020, and by Public Notice issued by the Division on February 18, 2020.
The State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the
application, the supporting documentation, and conditions hereinafter set forth.
This approval requires you to follow the conditions listed in the Certification below.
Conditions of Certification:
1. The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
Bridge Bents/Fill
25 (linear feet)
0 (linear feet)
Streambank Stabilization
114 (linear feet)
0 (linear feet)
Causeways (Phase 1)
0 (linear feet)
114 (linear feet)
Causeways (Phase 2)
0 (linear feet)
138 (linear feet)
404/401 Wetlands
Bridge
0.067 (acres)
0 (acres)
2. This approval is for the purpose and design described in your application and as described in the Public
Notice. The plans and specifications for this project are incorporated by reference and are an
enforceable part of the Certification. Any modifications to the project require notification to DWR and
may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and
.0502]
3. You are required to secure an approved Stormwater Management Plan (SMP) for the development
associated with this project from Buncombe County before any impervious surfaces associated with
this project are constructed/installed. After it is approved, the SMP must be installed and
implemented as approved and may not be modified without prior written authorization from
Buncombe County [15A NCAC 02H .0506(b)(5)]
4. The Permittee shall complete consultation with the US Fish and Wildlife Service before any impacts
authorized in this certification occur. The Permittee shall adhere to all commitments identified in
the final consultation documents with regards to protection of the Appalachian Elktoe. [15A NCAC
02H .0506(b)(2)]
5. The Permittee shall coordinate with NC Wildlife Resources Commission (NCWRC) as requested in
their recommendations dated January 31, 2020, for hellbender and mussel survey and relocation at

Biltmore Farms LLC
DWR Project #20191577
Individual Certification #WQC004226
Page 4 of 7
least three weeks prior to start of construction. [15A NCAC 02H .0506(b)(2)]
6. The Permittee shall initiate and follow the River Safety Plan submitted to the Division on March 26,
2020. [15A NCAC 02H .0506(b)(2)]
7. Prior to any precipitation events, the Permittee shall determine if high water levels are expected and
remove any equipment that is on the causeways prior to the expected high water, or at the end of
the work -day if high water is expected prior to the next work -day. Following all storm events equal
to or greater than a bankfull event, the Permittee shall inspect the causeways and riverbanks for signs
of erosion or unstable conditions. Any debris observed to be caught on the temporary causeways
shall be immediately removed and any areas of erosion shall be immediately stabilized. [15A NCAC
02H .0501 and .0502]
8. Priorto construction, the Permittee shall conduct a qualitative evaluation and report of the conditions
of the riverbanks immediately upstream and downstream of the bridge location. Visual monitoring
of the streambank stabilization activities and the area immediately adjacent shall be conducted at a
minimum of quarterly for the first year ortwo bankfull events (whichever is longer), and then annually
for three years. Any failures of 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 river. [15A NCAC 02H .0506(b)(2) and (b)(3)]
9. The Permittee shall adhere to the Frac-out Contingency Plan submitted on April 22, 2020 and shall
immediately report any conditions indicative of an inadvertent return or any observed inadvertent
return to the Division's Asheville Regional Office. [15A NCAC 02H .0501 and .0502]
10. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across
the bridge and pre-treated through site -appropriate means to ensure non -erosive conditions prior to
entering the river. [15A NCAC 02H .0506(b)(5)]
11. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction
area (including the development served by the bridge construction) on the project site shall be clearly
marked prior to any land disturbing activities and must be maintained on the property until the project
phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]
12. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
impacts (including temporary impacts) as authorized under this Certification. [15A NCAC 02H .0501
and .0502]
13. Any additional impacts to streams and/or wetlands as a result of future roads, buildings, driveways,
utility lines or other development related activities within the property/project served by the
proposed bridge will require a modification of this 401 Water Quality Certification approval. [15A
NCAC 02H .0506(4) and 15A NCAC 02H .0501 and .0502]
14. All construction activities shall be performed and maintained in full compliance with G.S. Chapter
113A Article 4 (Sediment and Pollution Control Act of 1973).
15. Sediment and erosion control measures shall not be placed in wetlands or waters except within the
footprint of temporary or permanent impacts authorized under this Certification. [15A NCAC 02H
0501 and .0502]

Biltmore Farms LLC
DWR Project #20191577
Individual Certification #WQC004226
Page 5 of 7
16. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. [15A NCAC 02B .0201]
17. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that
disturb one (1) or more acres of land. The NCGO10000 Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated in the conditions of the permit. If the
project is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self -monitoring, recordkeeping and
reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)]
18. All temporarily impacted sites shall be restored and stabilized with native vegetation. Application of
fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall
be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations.
Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between
the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B .0231]
19. If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .0200]
20. No temporary impacts are allowed beyond those included in this Certification. All temporary fill and
culverts shall be removed, and the impacted area shall be returned to natural conditions within 60
calendar days after the temporary impact is no longer necessary. The impacted areas shall be
restored to original grade, including each stream's original cross -sectional dimensions, planform
pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized
with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]
21. All proposed and approved temporary pipes/culverts/riprap pads/causeways etc. in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control
Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina
Department of Transportation Best Management Practices for Construction and Maintenance
Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification.
[15A NCAC 02H .0506(b)(2) and (c)(2)]
22. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction activity.
All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank
contours are restored and maintained. Placement of riprap or other approved materials shall not
result in de -stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC
02H .0506(b)(2)]
23. Any riprap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank stabilization
measures. [15A NCAC 02H .0506(b)(2)]

Biltmore Farms LLC
DWR Project #20191577
Individual Certification #WQC004226
Page 6 of 7
24. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those required by, but
not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout
Buffer regulations.
25. All mechanized equipment operated near surface waters shall be inspected and maintained regularly
to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic
materials. Construction shall be staged in order to minimize the exposure of equipment to surface
waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance
shall not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and
oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)]
26. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
27. In accordance with 143-215.85(b), the Permittee shall report to the Asheville Salem Regional Office
at [phone] (after hours and on weekends call 800-858-0368) any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than
25 gallons that cannot be cleaned up within 24 hours.
28. Mr. Lee Thomason and Biltmore Farms LLC shall conduct construction activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law.
[15A NCAC 02B .0200] If the Division determines that such standards or laws are not being met
(including the failure to sustain a designated or achieved use) or that State or federal law is being
violated, or that further conditions are necessary to assure compliance, the Division may reevaluate
and modify this Certification. Before modifying the Certification, the Division shall notify Mr. Lee
Thomason and Biltmore Farms LLC and the U.S. Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with
15A NCAC 02H .0504. Any new or revised conditions shall be provided to Mr. Lee Thomason and
Biltmore Farms LLC in writing, shall be provided to the U.S. Army Corps of Engineers for reference in
any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of
the 404 Permit for the project.
29. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on the
DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)]
30. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .0501 and .0502]

Biltmore Farms LLC
DWR Project #20191577
Individual Certification #WQC004226
Page 7 of 7
31. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or
any right of use in any waters. This Certification does not authorize any person to interfere with the
riparian rights, littoral rights, or water use rights of any other person and this Certification does not
create any prescriptive right or any right of priority regarding any usage of water. This Certification
shall not be interposed as a defense in any action respecting the determination of riparian or littoral
rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to
possess any prescriptive or other right of priority with respect to any other consumptive user
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.
32. This Certification grants permission to the director, an authorized representative of the Director, or
DEQ staff, upon the presentation of proper credentials, to enter the property during normal business
hours. [15A NCAC 02H .0502(e)]
33. Non-compliance with or violation of the conditions herein set forth by a specific project may result in
revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.
34. The Permittee shall report to the Asheville Regional Office at 828-296-4500 any noncompliance with
this Certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but
not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC
02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the applicant became aware of the circumstances. A written
submission shall also be provided within 5 business days of the time the applicant becomes aware of
the circumstances. The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case -by -case basis.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506]
This the 1" day of June 2020
S.
a," A a,
S. Daniel Smith, Director
Division of Water Resources
SLH
WQC004226