20090106 Ver 1_Approval Letter_20090421

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NCDENR
North Carolina Department of Environment and Natura
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 21, 2009
Chuck Pickering
The Biltmore Company and West Side, LLC
1 North Pack Square
Asheville, North Carolina 28801
Subject: 401 Water Quality Certification - Approval
Biltmore Estate Bridge
DWQ Project # 09-0106
Buncombe County
FrB02 / French Broad River / 6-(54.5) / B
Dear Mr. Pickering:
Resources
Dee Freeman
Secretary
The DWQ has completed the review of your 401 Water Quality Certification application associated with the
subject project listed above.
Approval has been granted to place fill within or otherwise impact 0.002 acres of wetlands and 133 feet of
stream for the purpose of bridge construction 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 Numbers 3687 and 3704. These
Certifications allow you to use Regional General Permits 14 and 25 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 stream buffer 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:
Amount Approved (Units) Plan Location or Reference
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
Awt(rally
Chuck Pickering
April 21, 2009
Page 2 of 4
Stream (Temporary) 40 (feet) Sheets 1 and 4
Stream (Permanent) 93 (feet) Sheets 1 and 4
404/CAMA Wetlands 0.002 (acres) Sheets 1 and 4
Additional Conditions
1. There shall be no excavation from or waste disposal into, jurisdictional wetlands or waters associated
with this permit without appropriate modification. Should waste or borrow sites, or access roads to
waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since
that is a direct impact from road construction activities.
2. Sediment and erosion control measures must be installed and maintained on the project site until all
disturbed soils are permanently stabilized. All bare soil should be seeded as soon as possible following
disturbance. Erosion control matting shall be used in conjunction with appropriate seeding on disturbed
stream banks. Matting should be secured in place with staples or wherever possible, live stakes of
native trees. Tall fescue shall not be used in riparian areas.
3. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted area shall be revegetated with appropriate native
species.
4. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifically, jetting or other methods of pile driving are prohibited without
prior written approval from NCDWQ.
5. Bridge deck drains should not discharge directly into the streams. Stormwater shall be directed across
the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes,
vegetated buffers, etc.) before entering the stream. Please refer to the most current version of
Stormwater Best Management Practices.
6. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured, treated and disposed of properly.
7. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
NCDWQ in this certification.
8. The dimension, pattern and profile of the stream, above and below the bridge, shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
9. Native riparian vegetation (e.g. rhododendron, dog hobble, willows, alders, sycamores, dogwoods, black
walnut and red maple) must be reestablished within the construction limits of the project by the end of
the growing season following completion of construction.
10. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for
stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic
life passage.
Chuck Pickering
April 21, 2009
Page 3 of 4
11. Rip-rap shall not be placed in the active thalweg of the channel or placed in the streambed in a manner
that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,
sized and installed.
12. Heavy equipment shall be operated from the banks rather than in the stream channels in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream.
13. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
14. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited.
16. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not
be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish
kills.
17. No rock, sand or other materials shall be dredged from the stream channel, except where authorized by
this certification.
18. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained
with the on-site project manager.
19. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
20. During the construction of the project, no staging of equipment of any kind is permitted in waters of the
U.S., or protected riparian buffers.
21. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities.
Impacts to areas within the fencin€; are prohibited unless otherwise authorized by this certification.
22. The permittee and its authorized agents shall conduct its activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with §303(d) of the
Clean Water Act) and any other appropriate requirements of State and Federal law. If NCDWQ
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, NCDWQ may reevaluate and modify this certification.
23. The issuance of this certification does not exempt the Permittee from complying with any and all
statutes, rules, regulations or ordinances that may be imposed by other government agencies (i.e. local,
Chuck Pickering
April 21, 2009
Page 4 of 4
state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater
management rules, soil erosion and sedimentation control requirements, etc.
24. The Permittee shall report any violations of this certification to the Division of Water Quality at the
Asheville Regional Office within 24-hours of discovery.
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 Chuck Cranford in the Asheville Regional Office at
828-296-4664.
Sincerely,
Coleen H. Sullins, Director
CHSIcbc
Eric: GC3687
GC3704
Certificate of Completion
cc: Liz Hair - USACE Asheville
David McHenry - NCWRC
Clement Riddle - ClearWater
401 Permitting Unit - Central Office
File Copy
G:\WPDATA\DEMWQ\Buncombe\401s\Biltmore Company - Bridge\09-0106_ Approval_4-20-09.doc