20191577 Ver 1_Memo to File_20200528

May 28, 2020
MEMORANDUM TO FILE
Subject: Review of Public Comments
Biltmore Farms, LLC
Individual 401 Water Quality Certification
Buncombe County
DWR# 2019-1577
On November 12, 2019, Biltmore Farms LLC submitted an application for coverage under 401 Water
Quality General Certifications #4132 and #4135. On February 3, 2020 the Division notified the applicant
that the Director had determined that the project required a 401 Individual Water Quality Certification.
Under the authority of Title 15A NCAC 02H .0503, DWR published a notice on February 18, 2020 that a
public hearing regarding the project would be held in Asheville on March 18, 2020 and the public comment
period would remain open until April 20, 2020. On March 13, 2020 the Division notified the public that
due to COVID-19 concerns, the public hearing was cancelled. The public comment period remained open
until 5 pm April 20, 2020.
DWR received 18 written comments during the public comment period. Seven (7) of the written
comments received were in support of the project. The following is a summary of the comments received
during the public comment period that are opposed to the project:
Comment: Concerns about visual and physical environments, specifically the visual effects from the Blue
Ridge Parkway, the adjacent interstate and the French Broad River. Measures should be taken to preserve
the nature of the area. Also concerns for loss of wild space for wildlife use.
Response: These comments are outside of the evaluation criteria established in N.C. Administrative
Codes for the 401 WQC review.
Comment: Concerns about construction of bridge within floodplain of the French Broad River.
Response: These comments are outside of the evaluation criteria established in N.C. Administrative
Codes for the 401 WQC review.
Comment: Concerns about the projects impacts to the endangered Appalachian Elktoe mussel and other
sensitive species within the project area.
Response: Biltmore Farms LLC is currently undergoing formal consultation with US Fish and Wildlife
Service (USFWS) on threatened and endangered species along the corridor. All requirements to protect
endangered species will be incorporated into the US Army Corps of Engineers 404 Authorization for the
project.
Comment: Concerns about the projects impacts to local recreation from causeway construction within
the river and possible periods of closure of the river.
Response: The applicant has submitted a detailed River Safety Plan which addresses these concerns.

Comment: Concerns about increase in impervious surfaces. Requests for requirement of Low Impact
Development techniques and requests for increased Stormwater Water Control Measures beyond those
proposed in the application.
Response: In accordance with the 15A NCAC 02H Phase II/MS4 Stormwater Regulations (delegated to
Buncombe County for implementation), the project will be subject to post construction stormwater
management requirements.
Comment: Requests that the bridge include a bike/pedestrian land, public access allowed across the
property, and a bike/path greenway built to connect area roads. Requests that the City of Asheville extend
bus service to the site.
Response: These comments are outside of the evaluation criteria established in N.C. Administrative
Codes for the 401 WQC review.
Comment: Request that the applicant partner with USGS to install a real-time water quality monitoring
meter downstream of the proposed bridge similar to the commitment made by NCDOT on the current I-
26 widening project.
Response: The Division has requested that the applicant contact USGS and/or NCDOT regarding the
current study.
Comment: Requests that remaining wetlands on the property are placed into conservation easements
and that resource agency staff be provided access to study local species of concern.
Response: These requests are outside of the evaluation criteria established in N.C. Administrative Codes
for the 401 WQC review.
Comment: Concerns about water quality impacts from construction activities.
Response: Biltmore Farms LLC is required to secure and comply with a detailed Erosion and Sediment
Control Certificate of Plan Approval in accordance with the State Pollution Control Act of 1973 and 15A
NCAC 04 (delegated to Buncombe County for implementation).
Comment: Concerns about perceived environmental issues with other recently constructed projects also
owned by Biltmore Farms LLC.
Response: Upon issuance of a 401 Water Quality Certification it will include the following standard
condition, "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." DWR would enforce all conditions of a 401 Water Certification that might be issued for this
project.