20140035 Ver 2_Approval Letter_20160316

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WaterResources
ENVIRONMENTAL QUALITY
March 16, 2016
The Biltmore Company
Attn: Parker Andes
1 North Pack Square
Asheville, NC 28801
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR # 14-0035 V2
Buncombe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Swannanoa River and Ram Branch Restoration
Dear Mr. Andes:
You have our approval for the impacts listed below for the purpose described in your
modification request dated February 24, 2016, and received by the Division of Water Resources
(Division) on February 26, 2016. These impacts are covered by the attached Water Quality
General Certification Number 3885 and the additional conditions listed below. This certification
is associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S.
Army Corps of Engineers. Please note that you should get any other federal, state or local
permits before proceeding with your project, including those required by (but not limited to)
Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer
regulations.
This approval requires you to follow the conditions listed in the enclosed certifications) or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Hwy. 70 1 Swannanoa, North Carolina 28778
828 296 4500

Swannanoa River and Ram Branch Restoration
DWR# 14-0035 V2
401 Approval
Page 2 of 4
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Streams
Impact S1
110 feet
Impact S2
10 feet
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the
Certification/Authorization. If you change your project, you must notify the Division
and you may be required to submit a new application package with the appropriate
fee. If the property is sold, the new owner must be given a copy of this approval letter
and General Certification(s) and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)]
3. The designer or his, designee shall supervise the installation of in -stream structures.
[15A NCAC 02H .0506(b)(2)]
4. Visual monitoring of the stabilization project shall be conducted at a minimum of
quarterly for the first year or two bankfull events (whichever is longer), and then
annually until the site is stable (particularly after storm events) and vegetation is
successful. Any failures of structures, streambanks, 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 stream and downstream waters. [15A
NCAC 02H .0506(b)(2) and (b)(3)]
5. The permittee shall ensure that mature trees within the buffer areas will be protected
as much as feasible during the construction of this project. [15A NCAC 02H .0506(b)(2)]
6. The turbidity standard of 50 NTUs shall not be exceeded in the receiving stream as
described in 15A NCAC 02B .0211. Appropriate sediment and erosion control practices
must be used to meet this standard. [15A NCAC 0213 .0200]
7. Native vegetation shall be used throughout this project. All tree and shrub plantings
within the proposed planting buffer on both sides of the stream shall be protected from
mowing or clearing. [15A NCAC 02H .0506(b)(2)]
8. Fueling, lubrication and general equipment maintenance should not take place within
50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A
NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 0213 .0200 (3)(f)]

Swannanoa River and Ram Branch Restoration
DWR# 14-0035 V2
401 Approval
Page 3 of 4
9. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Asheville Regional
Office at 828.296.4500 and after hours and on weekends call [phone].
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and
(c)(3), 15A NCAC 0213 .0200 (3)(f), and GS 143 Article 21A]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
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.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Swannanoa River and Ram Branch Restoration
DWR# 14-0035 V2
401 Approval
Page 4 of 4
This letter completes the review by the Division under section 40.1 of the Clean Water Act as
described in 15A NCAC 02H .0500. Please contact Zan Price at 828-296-4662 or
[e-mail] if you have any questions or concerns.
Sincerely,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885
Certificate of Completion
cc: Rebekah Reid — ClearWater Environmental Consultants, Inc. (via email)
William Elliot — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
Buncombe County Planning (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G:\WR\WQ\Buncombe\401s\N6n-DOT\Swannanoa Rvr and Ram Branch Rest\APRVL.Swann River RestorationV2_03162016.docx