20090106 Ver 1_More Info Received_20090413

CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
March 16, 2009
Ms. Cyndi Karoly
NC Division of Water Quality ?5 r ;; J
" j
401 Oversight/Express Review Permitting Unit On ??
1650 Mail Service Center APR 1 ? 2,0 C.9
Raleigh, North Carolina 27699
DENR - WATER QUALITY
RE: Request for More Information V1ET! A'.DS AND ETOii?.4IN,;TE4 BRaNCh
Biltmore Estate Bridge
Buncombe County, North Carolina
DWQ Project # 09-0106
Dear Ms. Karoly,
Please reference the letter dated March 11, 2009 () sent by the North
Carolina Division of Water Quality (DWQ) in response to the permit application
submitted by C1earWater Environmental Consultants, Inc. (CEC), on behalf of Mr.
Chuck Pickering of The Biltmore Company and West Side, LLC. The permit application
requested written authorization for impacts associated with construction of a bridge
across the French Broad River. The DWQ determined that the application was
incomplete and/or provided inaccurate information and requested two additional items for
review. These items will be discussed below.
DWQ Comment #1: "Provide discussion about future plans for the southwest portion of
the property. If considered a phased project, impacts to waters from all phases will have
to be tallied and appropriate regulatory requirements met."
There are no plans for development on the western portion of the Biltmore Estate.
At the request of the USACE, Biltmore Estate and their representatives met with
Tom Walker, Dave Baker, and Liz Hair to discuss the ongoing operations
(vineyards, cattle, forestry programs, wildlife management, low-impact
recreational programs and farming) on the west side of the French Broad River
and explained how the bridge will make the ongoing operations more efficient
and safer.
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www, cwenv. com
Ms. Cyndi Karoly
03/16/09
Page 2 of 2
The Biltmore Estate also provided a topographic analysis prepared by DPS
Development that shows potential development sites on the estate. These sites
were identified over 10 years ago in order to create a conceptual master plan for
the entire property- but only as a vision, not a commitment to any of the potential
development ideas. The Biltmore Estate is extremely careful about any new
construction or activities on any portion of the property. For example they will
not construct any new structure on the estate that can be viewed from the Biltmore
House. All of the potential suitable development areas on the west bank are
visible to some degree from the Biltmore House- hence the hesitancy to move
forward with any improvements at this time. The type of structures that would
be suitable to the Biltmore Estate would probably include smaller, two-story or
less, structures (ie. maintenance, office, farm buildings, or limited impact
recreational support structures for ongoing activities.
The Biltmore Estate does not have plans to develop new facilities or structures on
the west bank for the foreseeable future. At present, the request for the new river
crossing will serve to minimize off-site demands for access to the west side of the
estate (currently requiring circumvention of the Estate on Hwy I-40, I-26 and NC-
191 for +4.5 miles); provide a more efficient manner of connection for security,
life safety, farm and Estate operations between both sides; and limited, low
impact access for horseback riding, hiking, and bike trails.
DWQ Comment #2: "Provide the data used to justify the above statement (i.e., how
piers/piles provide less impact than fully spanning the river)."
The permit application states: "The project was designed to make use of
piers/piles, which will be drilled into place. Piers/piles require less impact than
supports that would span the entire width of the bridge." The statement in the
application is correct. The application refers to the width of the bridge (i.e., two
lanes, approximately 45 feet) not the length of the bridge (264 linear feet).
Construction of the bridge will include the installation of four, 4-foot diameter
piers/piles tied into bedrock. These piers/piles will extend from the rock line to
an elevation approximately 1 foot above the normal water surface. Forty-two
inch columns will be placed on top of each pier/pile and one horizontal concrete
cap (bent) will be placed across each set of piers/piles. An example of the type of
structural components proposed for the bridge are shown in the attached
photographs (Attachment B, Photo 1). This type of bridge support requires less
impact than supports that are the entire width of the bridge. An example of bridge
supports that span the entire width of the bridge is shown in the attached
photographs (Attachment B, Photo 2). The difference in the two bridge supports
is clear in the photographs. As proposed, the four piers/pile will require
approximately 51 square feet of impact (the total area of four, 4-foot diameter
piers/piles). Two supports that would span the entire width of the bridge will
require approximately 360 square feet of impact (the total area of two, 45-foot by
4-foot supports). Using piers/piles for this project reduces impacts by 309 square
feet.
Ms. Cyndi Karoly
03/16/09
Page 3 of 2
An alternative approach of spanning the entire river is deemed unfeasible, due to
cost (264-foot span would require 9-foot tall, expensive steel plate girders, or
other expensive alternates), as well as the inability to transport such structural
members through the narrow roadways of the Estate, that also are tied to the
Historic designations at both state and national levels.
The information submitted in this package addresses all issues set forth in the "Request for
More Information" letter. CEC believes the totality of this information allows DWQ to
conclude that the applicant has addressed concerns and recommendations in the letter.
The applicant, The Biltmore Company and West Side, LLC, respectfully requests that the
DWQ issue the requested 401 certification in as timely a manner as practical.
Should you have any questions or comments concerning this project please do not hesitate
to contact me at 828-698-9800.
Sincerely,
R. Clement Riddle, P.W.S.
Principal
cc: DWQ, Asheville - Chuck Cranford
US Army Corps of Engineers - Liz Hair
Attachment A
DWQ Request for More Information
(dated March 11, 2009)
Mar 1G 09 09:40a The 8iltmore Company 828-225-Glll
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 11, 2009
Chuck Pickering
The Biltmore Company and West Side, LLC
1 North Pack Square
Asheville, North Carolina 28801
Subject: Request for More Information
401 Water Quality Certification
Biltmore Estate Bridge
DWQ Project # 09-0106
Buncombe County
Response deadline: April 10, 2009 or 30 days from receipt
REQUEST FOR MORE INFORMATION
Dear Mr. Pickering:
p.2
Dee Freeman
Secretary
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. The following information was provided in the application:
B. 6a. Is this a phased project? .No
6b. If yes, explain.
"...however, once access is provided to the southwest portion ofproperty, additional
development may occur in the future. At this time, development plans for the southwest
portion of the property have not been started."
Provide discussion about future plans for the southwest portion of the property. If considered a
phased project, impacts to waters from all phases will have to be tallied and appropriate
regulatory requirements met.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phoney 828-29645001 FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncvvaterquality.org
An Equai Opportunity t Affirmative Action Employer
One
NorthCarolina
Naturally
Mar 16 09 09:40a The Biltmore Company 828-225-6111 p.3
Chuck Pickering
March 11, 2009
Page 2 ol'2
2. The following information was provided in the application:
D. I a. Specifically describe measures taken to avoid or minimize the proposed impacts in
designing project.
"The project was designed to make use ofpiers/piles, which will be drilled into place.
Piers/pies require less impact than supports that would span the entire width of the
bridge."
Provide the data used to justify the above statement (i.e., how piers/piles provide less impact than
fully spanning the river).
Please provide your response in writing to the addresses below prior to April 10, 2009 or 30 days from receipt.
Four copies of the required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh., NC 27699- l 650
and a single copy to the Asheville Regional Office at:
Chuck Cranford
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn.
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ, Please call Chuck Cranford 828-296-4664, if you have any questions.
Sincerely,

Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Liz Hair- USACE Asheville . David McHenry - NCWRC
Cyndi Karoly - 401 Permitting Unit ARO File copy
G:IWPDATAIDEMWQ\Buncombe1401s1Biltmorc Company - Bridge\Add1nfo_3-10.09 .doc
Attachment B
Example Photographs
Photograph 1 - Pier/pile supports.
Photograph 2 - Supports spanning the entire width of bridge.