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HomeMy WebLinkAbout20071505 Ver 2_Individual_20071008CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. September 8, 2007 Ms. Cyndi Karoly N.C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 Re: Section 404 Individual Permit Application Seven Falls Golf and River Club Henderson County, NC Dear Ms. Karoly: 07- 1565 vz Enclosed for your review is an Individual Permit application for stream and wetland impacts associated with the construction of the Seven Falls Golf and River Club, a residential community in flenderson County, North Carolina. The following information is included with the application as supporting documents: 1) 8.5 X 11" plan drawings including stream impacts 2) List of Adjacent Land Owners 3) Full size Master Plan map 4) Threatened and Endangered Species Assessment dated September 2007 5) 2 Sets full size 50 scale prints Please do not hesitate to call me at (828) 698-9800 to discuss this application or if you have any questions. Sincerely,, kent�iddle, R. C P.W. . Principal Cc: Kevin Barnett, NCDWQ 718 Oakland Street Hendersonville, North Carolina 28791 Phone: 828-698-9800 Fax: 828-698-9003 www.cwenv.com oC� 4 1w WATERQo 6 �patC� PAYMENT RECEIVED Individual Permit Application for U.S. Army Corps of Engineers Section 404 Permit North Carolina 401 Water Quality Certification SEVEN FALLS �<C f aw�G 1�croz C�[wr September 2007 Applicant: R11@Tnw[NP CJCT 0 8 Sao? DENR - wArER QUAI�TY 1��Et1ANDA D 5f0!tAay'kM M" Mountain Development Company, LLC Attn: Keith Vinson 130 South Main Street Hendersonville, North Carolina, 28792 Prepared By: C1earWater Environmental Consultants, Inc. 718 Oakland Street Hendersonville, North Carolina, 28791 828-698-9800 07- 1505 ✓� APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO.0710-003 (33CFR 325) Expires October 1996 Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions, searching existing sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or ther aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service 410 ctorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable waters of the United States, the discharge of dredged or fill material into waters of the Untied States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a pen -nit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) I. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4.DATE APPLICATION RECEIVED (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME & TITLE (an agent is not required) Mountain Development Company, LLC CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. ATTN: Mr. Keith Vinson ATTN: R. Clement Riddle 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 130 South Main Street 718 Oakland Street Hendersonville, North Carolina 28792 Hendersonville, North Carolina 28792 7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE a. Residence N/A a. Residence N/A b. Business (480) 675-8777 b. Business (828) 698-9800 11. STATEMENT OF AUTHORIZATION I hereby authorize, R. Clement Riddle and C1earWater Environmental Consultants, Inc., to act on my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. APPLICANT'S SIGNATURE DATE 12. PROJECT NAME OR TITLE (see instructions) Seven Falls Golf and River Club 13. NAME OF WATERBODY, IF KNOWN (if applicable) French Broad River; Willow Creek; Folly Creek 14. PROJECT STREET ADDRESS (if applicable) N/A 15. LOCATION OF PROJECT Henderson County, North Carolina 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (see "Directions to the Site" below) The site is located south of Etowah in Henderson County, North Carolina. In general, the site is border to the north by the French Broad River, to the south by Jeter Mountain and Jeter Mountain Road, to the east by Judd Wilson Mountain, Folly Road, and the headwaters of Folly Creek, and to the west by Shuford Mountain. 17. DIRECTIONS TO THE SITE To access the site from Asheville, take 1-26 West to Exit 49B (US Highway 64). Continue on US Highway 64 to Blantyre and tum left onto Blantyre Road. Turn left onto Pleasant Grove Road. The site will be to the north and south of Pleasant Grove Road in the 700 block. o [p�g�wg p OC i 2007 DENR - WATER QUALITY YrMMM A.Vq Strffii JATSR SRANCM • • 18. Nature of Activity (Description of project, include all features) The project will include the development of a residential, golf course community; and all associate infrastructure and attendant features. See attached description. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) The purpose of the proposed project is to build a residential, golf course community within the mountains of western North Carolina. See attached description. USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge The proposed activities are necessary to access high ground and create a suitable golf course playing surface. . See attached description 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Material being discharged will be in the form of fill dirt and culverts. Only clean fill material, absent of debris, will be utilized on site. Approximately 7,888 linear feet of culverts will be installed and approximately 13,000 cubic yards of fill material will be placed in jurisdictional channels or wetlands. 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Approximately 7,888 linear feet of stream channel will be impacted by golf course or road culverts; approximately 2.17 acres of wetlands will be filled for golf course and road construction; and approximately 0.57 acres of open waters will be impacted. See attached description. 23. Is Any Portion of the Work Already Completed? Yes ❑ No ® IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attached a supplemental list). See attached list. 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL* IDENTIFICATION # DATE APPLIED DATE APPROVED DATE DENTED NCDOT Street access Permit June 19,2007 July 19,2007 NCDENR Phase 1A Roads HENDE — 2007 - 059 May 14, 2007 May 15, 2007 NCDENR Phase 1 Golf Course HENDE — 2007 - 063 June 4, 2007 June 25, 2007 NCDENR Phase 2 Golf course HENDE — 2007 - 073 July 12,2007 July 20, 2007 NCDENR Phase 3 Golf Course HENDE — 2007 - July 30,2007 Henderson Co. Master Plan February 26, 2007 April 19, 2007 Henderson Co. Phase 1 Subdivision March 20, 2007 June 21, 2007 Henderson Co. Flood Plain Permit June 5, 2007 July 20, 2007 26. Application is hereb ade for a permit or permits to authorize the work described in this application. I certify that the information in this application is co to and accurate. rther certify that I possess the authority to undertake the work described herein or am acting as the duly authori nt of the a !7- 915URE OFAPPLICANT DATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. SEAY, JON KEVIN; SEAY, SUSAN L 881 PLEASANT GROVE RD HENDERSONVILLE, NC 28739 PIN# 9528717921 PLEASANT GROVE BAPTIST CHURCH 1968 PLEASANT GROVE RD HENDERSONVILLE, NC 28739 PIN# 952599332, 9528625395 HATTON, LACY LEE JR; HATTON, JUDITH A 2510 SW 86TH AVE DAVIE, FL 33324 PIN# 9527655806 JERRY HAMILTON PO BOX 613 HORSESHOE, NC 28742 PIN# 9527596434 GORE, MICHAEL J 7500 E MCCORMICK PKWY #70 SCOTTSDALE. AZ 85258 PIN# 9527671399, 9527574589, 9527587717 • ROLLA AND MARY ROGERS PO BOX 1330 FLAT ROCK, NC 28731 PIN# 9528735017 FRED MCCRARY PIN# 9528623072, 9528610790, 9528624876 FOWLER, JAMES D P 0 BOX 875 ETOWAH, NC 28729 PIN# 9537294771 LANGFORD, BILL; LANGFORD, BETTY P 0 BOX 274 HORSE SHOE, NC 28742 PIN# 9537299740, 9537297696 ER, JOHN: FRASER, MARC; FRASER, ELIZABETH P 0 BOX 10105 TALLAHASSEE. FL 32302 S CAMPEN CAROLINA CORPORATION PO BOX 140907 GAINESVILLE, FL 32614 PIN# 9528807108, 9528901063, 9537192807, 9537195227, 9528717504, 9528802832, 9528913451,9528919271,9538012216, 9538013380 NICHOLSON, JUDITH A 1516 CLAIRMONT DR HENDERSONVILLE, NC 28791 PIN# 9537286359, 9537172260, 9537172260, 9537061544 FRANKS, GERALD L; FRANKS, MICHAEL J P O BOX 1152 ETOWAH, NC 28729 PIN# 9537094947, 9528905051 BANKS, TODD P O BOX 128 HORSE SHOE, NC 28742 PIN# 9527694830 JENKINS, ALOMA 1267 PLEASANT GROVE CH. RD HENDERSONVILLE, NC 28739 PIN# 9527662317 THOMAS AND JANICE GORE 30665 FOX CHASE DR SALISBURY, MD 21804 PIN# 9527587364 ARRINGTON, STANLEY L; ARRINGTON, TERESA 506 SUGARFOOT ROAD HENDERSONVILLE, NC 28739 PIN# 953198891 NICHOLSON, JUDITH A 1516 CLAIRMONT DR HENDERSONVILLE, NC 28791 PIN# 9537292866, 9537286359, 9537462569, 9537259910, 9537366275, 9537172260, 9537061544 LAUFFER, JOEL CHARLES; LAUFFER, DENISA ANN 425 TURKEY CREEK DR HENDERSONVILLE, NC 28739 PIN# 9537387960,9537387488 LINDA AND LARRY CASE 1117 PLEASANT GROVE RD HENDERSONVILLE, NC 28739 PIN# 9537378597 PIN# 9528620177 BANKS, PAM; GOODER, PENNY; BANKS, TODD PO BOX 128 HORSE SHOE, NC 28742 PIN# 9528800455, 9528608532, 9528707141, 9528619654,9528800455,9528608532 HYDER, BOYD L; ROWLAND, WALTER M JR 314 HYDER ST HENDERSONVILLE, NC 28739 PIN# 9527847308,9527847308 LINDA AND LARRY CASE 1117 PLEASANT GROVE RD HENDERSONVILLE, NC 28739 PIN# 9528620177 PAULA MCCANN 5345 ACADEMEY RD VIRGINIA BEACH, VA 23462 PIN# 9527596085 LIBERTY PLASTICS, INC PO BOX 740 ETOWAH, NC 28729 PIN# 9528720687 ROURKE, LANE; SIEGLE, LIZA ; GRAHAM, LESLEY 718 PLEASANT GROVE CHURCH RD HENDERSONVILLE, NC 28739 PIN# 9527587523 BROXSON, DONNIE C AS TRUSTEE; .SPECTRUM TRUST, THE #19165320182113 PO BOX 834 HORSE SHOE, NC 28742 PIN# 9537394703 FOWLER, JAMES D P O BOX 875 ETOWAH, NC 28729 PIN# 9537294771 WILSON, LAWRENCE EDWARD ; WILSON, MARY LOU; PO BOX 1056 ETOWAH, NC 28729 PIN# 9537377955,9537475208 SHEPHERD FAMILY LLC PO BOX 2958 HENDERSONVILLE, NC 28793 PIN# 9537015395 ELIJAH HAMILTON HATTON, LACY LEE JR; HATTON, JUDITH A PALAMARA, CHARLES THOMAS PO BOX 1 2510 SW 86TH AVE 922 SW 4TH ST HORSESHOE, NC 28741 DAVIE, FL 33324 FT LAUDERDALE, FL 33312 PIN# 9528515893, 9528528745 PIN# 9527655806 PIN# 9527654457 MCNEELEY, WAYNE ; MCNEELEY, LYNNE M 8 RED APPLE DRIVE HENDERSONVILLE, NC 28792 PIN# 952765267 JONES, CARL EUGENE; JONES, GRETA DARLENE PO BOX 1204 ETOWAH, NC 28729 PIN# 9537244882 JONES, JOHN HARVEY; JONES, RACHEL BRITTAIN 1549 NORTHSIDE DR NW CONYERS, GA 30012 PIN# 9537246550 MUSSER, JOHN A; MUSSER, KRISTY LYNN; 604 LITTLE WILLOW RD HENDERSONVILLE, NC 28739 PIN# 9527710950 • CHESTNUT LAND FUND LLC 475 SOUTH CHURCH ST HENDERSONVILLE, NC 28792 PIN# 9527802379, 9526695253 MARIAN WIERCIGROCK PO BOX 953 BREVARD, NC 28712 PIN# 9528817409, 9528816279, 9528818385 BETTY MCPHERSON PO BOX 462 ETOWAH, NC 28729 PIN# 9528917351 BRYN DEVINNY 402 DOE RUN PICKENS, SC 29671 PIN# 9538019350 �EPH, LYNDA, BRIAN, AND BRIDGETTE OECHSNER 111 LAUREL WOODS RD HENDERSONVILLE, NC 28739 PIN# 9528806682 YOUNGBLOOD, KENNETH 53 LANDS END DR HENDERSONVILLE, NC 28791 PIN# 9537256144 GREGORY, LILLIAN SMITHSON/TEST TRUST; GREGORY, JOSEPH EDWARD 1033 INDIANA AVE SOUTH PASADENA, CA 91030 PIN# 9527642840 CARDELLI, GERALD F & WIFE 499 N E 103RD ST MIAMI SHORES, FL 33138 PIN# 9527628820,9527720553 MCILHENNY, VIRGINIA SMART 2434 ST CHARLES AVE NEW ORLEANS, LA 70130 PIN# 9527619179 CHARLES BROWN PO BOX 1783 ETOWAH, NC 28729 PIN# 9528811407 MARY NEAL 13 RISING STAR LANE HENDERSONVILLE, NC 28739 PIN# 9528911403 SHELIA SKEPARNIS PO BOX 1005 ETOWAH, NC 28729 PIN# 953801733 BRIAN COX PO BOX 976 ETOWAH, NC 28729 PIN# 9538111542 JOSEPH AND DANA WISE 50 LAUREL WOODS RD HENDERSONVILLE, NC 28739 PIN# 9528901490 PITTMAN, MARVIN & WIFE 665 SOUTH WILSON BARTOW. FL 33830 PIN# 9527655005 CORBETT, CULLEN T; CORBETT, MELISSA K; KRUSE,BARBARA 939 HOLLY RD BLACK MOUNTAIN, NC 28711 PIN# 9527730748 KOPENY, CHARLES W & WIFE C/O 3918 BURNEY STATION RD BARBOURSVILLE, VA 22923 PIN# 952772114 SEWELL, REBECCA PO BOX 1000 PISGAH FOREST, NC 28768 PIN# 9527704309 MARIAN QUISENBERRY PO BOX 1913 ETOWAH, NC 28729 PIN# 9528814532 DAVID ANNESS PO BOX 181 HORSESHOE, NC 28742 PIN# 9528915385 TERYL FILEBARK 41 PARKWOOD RD HENDERSONVILLE, NC 28739 PIN# 9538015264 PAMELA HREHA, LORRAINE CROPSY, AND JANE CARTER 31 OPENVIEW RD HENDERSONVILLE, NC 28739 PIN# 9538113709 LARRY LYONS PO BOX 791 ETOWAH, NC 28729 PIN# 9528806463 Fullam Dairy 115 Fullam Farm Dr. Hendersonville, NC 28739 �# 9528830047, 9528727552, 9528820687, 9528830047 • 1� Individual Permit Application for U.S. Army Corps of Engineers Section 404 Permit North Carolina 401 Water Quality Certification SEVEN FALLS • l�rC f zwC �cro,, CcwS September 2007 Applicant: Mountain Development Company, LLC Attn: Keith Vinson 130 South Main Street Hendersonville, North Carolina, 28792 Prepared By: ClearWater Environmental Consultants, Inc. 718 Oakland Street • Hendersonville, North Carolina, 28791 828-698-9800 0 TABLE OF CONTENTS 1.0 INTRODUCTION TO PROJECT...................................................................................1 1.1 Project Location........................................................................................................................................ 1 1.2 Jurisdictional Waters................................................................................................................................. 1 2.0 BACKGROUND................................................................................................................3 3.0 EXISTING SITE CONDITIONS.....................................................................................4 3.1 Natural Community Types........................................................................................................................ 4 3.2 Soils...........................................................................................................................................................7 3.3 Fish and Wildlife Use of the Project Site.................................................................................................. 8 3.4 Threatened and Endangered Species......................................................................................................... 8 3.5 Cultural Resources.................................................................................................................................... 8 4.0 PROJECT PURPOSE.......................................................................................................9 5.0 PROPOSED PROJECT DEVELOPMENT..................................................................11 5.1 Golf Course Plans.................................................................................................................................... 11 5.2 Roads.......................................................................................................................................................12 5.3 Utilities....................................................................................................................................................12 5.4 Stream Bank Stabilization and Enhancement.......................................................................................... 13 6.0 DISCUSSION OF ALTERNATIVES............................................................................14 6.1 Avoidance............................................................................................................................................... 15 6.2 Minimization...........................................................................................................................................18 6.3 Alternatives Conclusion.......................................................................................................................... 18 7.0 CONCEPTUAL MITIGATION PLAN.........................................................................19 7.1 Streams (Restoration and Enhancement)................................................................................................. 19 7.2 Wetlands..................................................................................................................................................21 • 7.3 Reporting.................................................................................................................................................22 7.4 NC Ecosystem Enhancement Program (EEP)......................................................................................... 22 7.5 Summary ................................................................................................................................................. 22 8.0 US ENVIRONMENTAL PROTECTION AGENCY 404(b)(1) GUIDELINES ........ 23 8.1 Factual Determination............................................................................................................................. 23 8.2 Potential Impacts on Physical and Chemical Characteristics of the Aquatic Ecosystem ........................ 23 8.3 Potential Impacts to Biological Characteristics of the Ecosystem........................................................... 24 8.4 Potential Impacts on Special Aquatic Sites............................................................................................. 25 8.5 Potential Effects on Human Use Characteristics..................................................................................... 27 8.6 Summary ................................................................................................................................................. 28 9.0 PUBLIC INTEREST CONSIDERATIONS..................................................................29 9.1 Conservation............................................................................................................................................29 9.2 Economics...............................................................................................................................................30 9.3 Aesthetics................................................................................................................................................ 30 9.4 General Environmental Concerns............................................................................................................ 30 9.5 Wetlands..................................................................................................................................................30 9.6 Historic Properties................................................................................................................................... 30 9.7 Fish and Wildlife Values......................................................................................................................... 31 9.8 Flood Hazards......................................................................................................................................... 31 9.9 Floodplain Values................................................................................................................................... 32 9.10 Land Use................................................................................................................................................. 32 9.11 Navigation...............................................................................................................................................32 9.12 Shore Erosion and Accretion................................................................................................................... 32 9.13 Recreation............................................................................................................................................... 32 9.14 Water Supply and Conservation.............................................................................................................. 33 9.15 Water Quality (Stormwater Management).............................................................................................. 33 9.16 Energy Needs.......................................................................................................................................... 34 • 9.17 Safety .......................................................................................................................................................34 • 9.18 Food and Fiber Production...................................................................................................................... 34 9.19 Mineral Needs .......................... 34 ................................................................................................ 9.20 Considerations of Property Ownership................................................................................................... 34 9.21 Needs and Welfare of the Public............................................................................................................. 34 10.0 SECONDARY AND CUMULATIVE EFFECTS.........................................................35 11.0 SUMMARY......................................................................................................................36 • r i U • 1. Vicinity Map 2. Wetland JD Map 3. Soils Map 4. Master Site Plan 5. Floodplain Map Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G 0 LIST OF FIGURES LIST OF APPENDICES Threatened and Endangered Species Report Wetland/Stream Map Cultural Resource Correspondence Mitigation Report NC EEP Letter Stream Stabilization Preliminary Stormwater Calculations 07- 1505 V2 S 1.0 INTRODUCTION TO PROJECT The applicant, Mountain Development Company, LLC, proposes to develop western North Carolina's only private golf and river club which will be known as the Seven Falls Golf and River Club. The community will be master planned on 1,400 acres south of Etowah in Henderson County, North Carolina (Figure 1). The community will contain multi -family and single family home sites and an Arnold Palmer Premier Golf Course; along with a planned practice and teaching facility. A River Lodge will be situated along the northern boundary of the property and act as the hub for all river related recreational activities. 1.1 Project Location The Seven Falls Golf and River Club is located south of Etowah in Henderson County, North Carolina. To access the site from Asheville, take I-26 West to Exit 49B (US Highway 64). Continue on US Highway 64 to Blantyre and turn left onto Blantyre Road. Then, turn left onto Pleasant Grove Road. The site will be to the north and south of Pleasant Grove Road in the 700 block. In general, the site is border to the north by the French Broad River, to the south by Jeter Mountain and Jeter Mountain Road, to the east by Judd Wilson Mountain, Folly Road, and the headwaters of Folly Creek, and to the west by Shuford Mountain. 1.2 Jurisdictional Waters . Tributaries on site include Little Willow Creek and unnamed tributaries, Folly Creek and unnamed tributaries, and unnamed tributaries to the French Broad River. All of the tributaries within the Seven Falls Golf and River Club project boundary are tributaries to the French Broad River. The French Broad River is a navigable -in -fact water at the Wilson Bridge east of Brevard. Folly Creek makes up the largest hydrologic system on site and is classified by the NC Division of Water Quality (DWQ) as a class "C" water. Little Willow Creek and the French Broad River have comparable drainage areas on site and are classified as class "C" and class `B" waters, respectively. • There are several wetlands located on site. The majority of these wetlands have been identified as wetland seeps and are contiguous with their associated channel. The site also contains five open -water ponds, one was presumably used for irrigation and livestock watering and three were associated with a trout farm. The site contains the following amounts of jurisdictional waters on site: On-site Totals Feature Amount Unit Stream 101,631 linear feet Wetlands 5.28 acres Open Water 2.73 acres • An "Existing Site Conditions" section (Section 3.0) has been included in this application for review and further describes the jurisdictional waters on site. • 0 C. 2.0 BACKGROUND The 1,400 -acre tract is comprised of 38 smaller parcels purchased and then combined. There were at least two dairy operations, one trout farm, and one industrial plastics corporation on site and a portion of the land was harvested for timber, as well as, used for residential housing. The majority of the French Broad River floodplain consists of cropland, which reportedly has been "no till" for the past 15 years. Much of the land has been "worked" and manipulated in a manner that is consistent will farming and agricultural practices of the past. Mountain Development Company, LLC has been working for the past 18 months to purchase and compile property. The initial planning efforts have focused on the entire site. The natural features of the land were studied to determine the type of development plan that would best fit the property. It is important to note that one of the dominant principles of the intense planning process is the preservation of the natural landscape; it is of the utmost important in the development of the master plan and is what makes the Seven Falls Golf and River Club a unique place. The project team including William G. Lapsley and Associates, C1earWater Environmental Consultants, Inc., Arnold Palmer Design Company, Design Workshop, Historical Concepts Planning, East West Partners Club Management, TRC Garrow and others spent many days on site and in the office to determine the best uses and preservation priorities for all of the habitat communities and unique resources within the Seven Falls Golf and River Club project boundary. The • proposed master plan recognizes the natural features of the land and minimizes development activity in the most environmentally sensitive portions of the site. • 3 0 3.0 EXISTING SITE CONDITIONS The project site consists of wooded land and old agricultural fields. Elevations range from approximately 2,080 feet above mean sea level (MSL) on the northern portion of the property within the French Broad River floodplain to 3,220 feet above MSL on the southern portion of the property south of Folly Road and at a summit of Jeter Mountain (Figure 2). Many natural communities are present on site and wildlife was observed utilizing the area. A threatened and endangered species survey was conducted on site to determine the presence or absents of federally listed species. 3.1 Natural Community Types During our site visits, two natural community types, as identified in the Classification of Natural Communities of North Carolina (Third Approximation) were identified on the property: Montane Alluvial Forest and Acidic Cove Forest. In addition to the natural community types listed above, the site also contain red oak -hickory forest, old fields, wetlands, streams, and open water. The following is a summary of each of the seven habitat types identified on site. The complete habitat assessment can be found within the "Threatened and Endangered Species Assessment' which is enclosed for review (Appendix A). 3.1.1 Montane Alluvial Forest This forest type is situated in stream and river floodplains at moderate to • high elevations. They are occasionally flooded and contain alluvial soils. This forest type is located adjacent to the French Broad River on the northern portion of the property. This forest type has an open to dense shrub layer and a sparse to dense herbaceous layer. The canopy is a mixture of bottomland and mesophytic tree species. Dominant tree species observed on site include green ash (Fraxinus pennsylvanica), sweetgum (Liquidambar styraciflua), sycamore (Platanus occidentalis), four wing silverbell (Halesia tetraptera), river birch (Betula nigra), basswood (Tilia americana), American hornbeam (Carpinus caroliniana), and red maple (Acer rubrum). Shrubs observed on site include spicebush (Lindera benzoin), sweetshrub (Calycanthus floridus), tag alder (Alnus serrulata), elderberry (Sambucus canadensis), black willow (Salix nigra), yellow root (Xanthorhhiza simplicissima), giant rivercane (Arundinaria gigantea), and silky dogwood (Cornus amomum). Vines observed include Panax quinquefolia, poison ivy (Toxicodendron radicans), trumpet creeper (Campsis radicans), and Japanese honeysuckle (Lonicera japonica). Examples of herbaceous species in this forest type include jewelweed (Impatiens capensis), tear thumb (Polygonum sagittatum), and Halberd leafed violet (Viola hastata). 3.1.2 Acidic Cove Forest The Acidic Cove Forest community type is located in sheltered areas at low to moderate elevations. They are primarily narrow, rocky gorges, Ssteep ravines, and low gentle ridges within coves. Soils are generally 4 rocky and acidic. On site, this community type is scattered throughout the central and southern portions of the property. They are located adjacent to stream channels and within the stream channels' associated valleys. In general, these areas have a dense forest canopy with a limited number of mesophytic trees. Dominant tree species observed include white pine (Pinus strobus), Canadian hemlock (Tsuga canadensis), yellow birch (Betula lutea), black gum (Nyssa sylvatica), red oak (Quercus rubra), and white oak (Quercus alba). The shrub layer is well developed and often forms dense thickets. Shrub species observed and characteristic of the Acidic Cove Forest located on site include great rosebay rhododendron (Rhododendron maximum), mountain laurel (Kalmia latifolia), dog hobble (Leucothoe axillaries), American holly (Ilex opaca), and red maple (Acer rubrum). Less common shurb species observed include blueberry (Vaccinium pallidum), deerberry (Vaccinium stamineum), and sassafras (Sassafras albidum). The herbaceous layer is generally not well developed in these communities but some common species observed on site include Christmas fern (Polystichum acrostichoids), galax (Galax aphylla), and Indian cucumber root (Medeola virginiana). 3.1.3 Red Oak -Hickory Forest The Red Oak -Hickory Forest type is located on dry slopes and ridge tops. On site, this community type is scattered throughout the central and southern portions of the property. Dominant tree species include Virginia • pine (Pinus virginiana), white oak (Quercus alba), southern red oak (Quercus falcata), sweet pignut hickory (Cayra glabra var. odorata), mockernut hickory (Carya tomentosa), and shagbark hickory (Carya ovata). Other trees observed were sourwood (Oxydendron arboreum), black gum (Nyssa sylvatica), and yellow poplar (Liriodendron tulipfera). Conifers such as red cedar (Juniperus virginiana), white pine (Pinus strobus), Virginia pine (Pinus virginiana), and Canadian hemlock (Tsuga canadensis) were observed but rare in this habitat. Species observed in the midstory include sassafras (Sassafras albidum), flowering dogwood (Cornus florida), and American holly (Ilex opaca). Shrubs observed in this habitat include mountain laurel (Kalmia latifolia), great rosebay rhododendron (Rhododendron maximum), huckleberry (Gaylusaccia baccata), American hazelnut (Corylus americana), maple leaf viburnum (Viburnum acerifolium), blueberry (Vaccinium pallidum), and deerberry (Vaccinium stamineum). Vines such as common greenbriar (Smilax rotundifolia) and saw tooth greenbriar (Smilax bona-nox) were observed, as well. The herbaceous layer is sparse and patchy. Common species observed in this layer include false Soloman's seal (Maianthemum racemosa), false yellow foxglove (Aureolaria flava), goldenrod (Solidago spp.), whorled coreopsis (Coreopsis major), spotted wintergreen (Chimaphila maculatum), woodland sedge (Carex rosea), and panic grasses (Panicum spp.). 47 • 3.1.5 Old Field This is an anthropogenic community that is a direct result of agricultural and dairy farming practices. On site, this community is located on the north and northwest side of the property. These areas are devoid of a canopy and lack substantial woody vegetation. Plant species identified in this area include pokeberry (Phytolacca americana), blackberry (Rubus spp.), lanceleaf plaintain (Plantago lanceolata), Queen Anne's lace (Daucus carota), dock (Rumex crispus), evening primrose (Oenothera biennis), horsenettle (Solanum americanum), buttercup (Ranunculus spp.), thin leaf mountain mint (Pycnanthemum tenuifolium), mountain mint (Pycnanthemum spp.), and butterfly weed (Asclepias tuberosa). Composites observed in the herbaceous layer include alternate leaf wing stem (Verbesina alternifolia), crownbeard (Verbesina occidentalis), ironweed (Vernonia noveboracensis), whorled coreopsis (Coreopsis major), beggars ticks (Bidens cernua), fleabane (Erigeron philadelphicus), sunflower (Helianthus spp.), Indian plaintain (Cacalia muhlenbergii), round leaf eupatorium (Eupatorium rotundifolium), goldenrod (Solidago spp.), and aster (Aster spp.). Grasses observed include corn (Zea mays), foxtail millet (Setaria italica), barnyard grass (Echinochloa crusgalii), fescue (Festuca spp.), panic grass (Panicum spp.), and velvet grass (Holcus lanatus). 3.1.6 Wetlands There are 5.28 acres of wetlands on site and these areas exhibits the presence of hydric soil and hydrophytic vegetation; and evidence of wetland hydrology and connectivity. The wetlands on this site are composed of emergent marshes and a mixture of stream head seeps. Dominant trees observed were red maple (Acer rubrum) and black willow (Salix nigra). Shrub species observed included Chinese privet (Ligustrum sinense), elderberry (Sambucus canadensis), silky willow (Salix sericea), tag alder (Alnus serrulata), swamp haw (Viburnum nudum), pepper bush (Clethera acuminata), dog hobble (Leucothoe axillaries), and yellow root (Xanthorhhiza simplicissima). Dominant species in the herbaceous layer include microstegium (Microstegium vimineum), downy lobelia (Lobelia pubera), jewelweed (Impatiens capensis), stinging nettle (Urtica dioca), ironweed (Vernonia novaeboracensis), and green coneflower (Rudbeckia lacinata). Grasses and sedges were common and included soft rush (Juncus effusus), marginal rush (Juncus marginatus), American bur reed (Sparganium americanum), shallow sedge (Carex lurida), fringed sedge (Carex crinita), fox tail sedge (Carex vulpinoidea), yellow flatsedge (Cyperus flavescens), straw -color flatsedge (Cyperus strigosus), soft stem bulrush (Scirpus validus), and woolgrass bulrush (Scirpus cyperinus). Ferns observed include cinnamon fern (Osmunda cinnamomea), royal fern (Osmunda regalis) and netted chain fern (Woodwardia areolata). I • 3.1.7 Perennial Streams Freshwater habitats include the streambeds and banks of Little Willow Creek and Folly Creek, their unnamed tributaries, and unnamed tributaries to the French Broad River. There are approximately 19.25 miles of stream channel within the property boundary. In general, these tributaries flow south to north and eventually into the French Broad River. Streams within the central and southern portion of the property are bordered by mature riparian forest. Stream channels within the northern portion of the property and flowing through the old fields lacking any significant riparian buffer. Stream channels were delineated from November 2006 through January 2007. Three subsequent meetings have been held; two on-site meetings were conducted in March and April and one in -office meeting was conducted in June. The jurisdictional delineation was field verified at the on-site meetings; however, no jurisdictional determination letter has been issued. A copy of the wetland/stream map is included for review (Appendix B). 3.1.8 Open Water Five impoundments exist on site. The largest impoundment is known as Gore Lake and is located near the western boundary of the property. This lake impounds an unnamed tributary to Little Willow Creek and is approximately 2.23 acres. Three smaller ponds exist in succession adjacent to Folly Creek. This system impounds 0.41 acres (collectively) of an unnamed tributary to Folly Creek. The fifth pond is located on the east side of the property and impounds 0.09 acres of an unnamed tributary to the French Broad River. There are a total of 2.73 acres of open water on site. 3.2 Soils The Seven Falls Golf and River Club project site is located within the Mountian physiographic region of North Carolina and more specifically the Broad Basin and Southern Crystalline Ridges and Mountains Ecoregions. Two soil associations are present on site; they are the Codorus-Toxaway-Rosman association and the Evard-Edneyville-Ashe association. The Corodus-Toxaway- Rosman association is classified as nearly level, well drained to very poorly drained soils that have a loamy and sandy subsoil and underlying layer. This association is found on floodplains. The Evard-Edneyville-Ashe association is classified as sloping to very steep, well drained and somewhat excessively drained soils that have a loamy subsoil. This soil association is found on mountain ridgetops and side slopes. Soil series present on site include: Ashe, Bradson, Brevard, Codorus, Comus, Delanco, Edneyville, Elsinboro, Evard, Hatboro, Hayesville, Porters, Rosman, Suncook, Tate, Toxaway, and Tusquitee. A soils map and legend have been attached for review (Figure 3). 7 • 3.3 Fish and Wildlife Use of the Project Site Wildlife species inhabiting the site include those typically found in the forest types of the region previously described above. Although site-specific studies and inventories documenting species utilization of the Seven Falls Golf and River Club project area have not been conducted, general observations of fish and wildlife use were recorded during the wetland and stream delineation; and the threatened and endangered species assessment. 3.4 Threatened and Endangered Species The US Fish and Wildlife Service (FWS) and the North Carolina Natural Heritage Program (NHP) were contacted regarding known or potential occurrences of federally listed threatened or endangered species or their critical habitats found within the Seven Falls Golf and River Club project boundary. Eight species are known to occur or have the potential to occur in Henderson County. The FWS has indicated the presence of three species adjacent to the site: bunched arrowhead (Sagittaria fasciculata), mountain sweet pitcher plant (Sarracenia jonseii), and swamp pink (Helonias bullata). An office review of topographic maps and aerial photography, as well as, a pedestrian survey of the site concurrent with the wetland delineation and again for five days in April and May, indicated potential habitat for several of the listed species; however, no species were observed. A comprehensive threatened and endangered species survey has been prepared and is included as an attachment to this application (Appendix A). The report is a summary of studies conducted by Clearwater Environmental Consultants, Inc. The report describes habitats found on the 1,400 -acre site and addresses the potential for the site to support listed species. During completion of threatened and endangered species habitat assessment for the Seven Falls Golf and River Club, no listed species were observed. It is the opinion of Clearwater Environmental Consultants, Inc. that federally protected species are not likely to be present within the project boundary. As such, development of the proposed Seven Falls Golf and River Club is not likely to cause an adverse impact to any federally threatened or endangered species or their critical habitat. 3.5 Cultural Resources TRC Companies, Inc. (TRC) contact the NC State Historic Preservation Office (SHPO) in a letter dated March 15, 2007. SHPO responded in a letter dated April 2, 2007 (Appendix B) that there are no known archeological sites within the project boundaries; however, the project area has never been systematically surveyed. On April 17, SHPO sent a second letter informing the applicant that there is a property located on the National register of Historic Places that is located approximately 600 meters east of the project site. The applicant has hired TRC Garrow to investigate the potential for affects associated with this development. This report by TRC Garrow will forwarded to the USACE as soon as it is completed. 8 0 4.0 PROJECT PURPOSE The basic project purpose of the proposed development at the Seven Falls Golf and River Club is to provide residential housing and recreational opportunities. More specifically, the overall project purpose of the proposed development at the Seven Falls Golf and River Club is to develop a viable, upscale, residential, community with a premier golf course and river club amenity in Henderson County. The first rail line reached Hendersonville in 1879, ushering in a new era of access to the outside world. However, parts of the county had long been known as retreats, including the "Little Charleston" of Flat Rock, in which South Carolina's Low Country planter families had maintained second homes since the early 1800's. A major land boom ensued in the 1920's, culminating in the crash of 1929, which severely deflated prices and left structures such as the Fleetwood Hotel atop Jumpoff Mountain incomplete. Today, many of the descendants of the Low Country planter families still return to Henderson County and surrounding counties to second homes. Because of the recreational opportunities and water resources in Henderson County and adjacent counties, this area provides a setting for many people to build second homes, retire, and visit as tourists. Because of the attractiveness of the area, several second -home developments, resorts, and residential, golf course communities have been established here and are successful. The Seven Falls Golf and River Club will provide another opportunity to meet increasing demands for residential communities in Henderson County in a manner that minimizes environmental • impacts while creating an atmosphere of natural living. Master planning and permitting of large and long term development projects depends highly upon having flexibility to implement sound land planning and engineering design principles which are often conceptual at the time of permitting. These designs must include enough land for the project to be economically justified, reasonable site access, construction of utilities and stormwater systems, and appropriate locations of various land use amenities. It has been determined that other mountain properties of similar size located in western North Carolina would likely contain comparable streams, wildlife, and cultural resources, presenting similar engineering and land planning challenges and opportunities. The applicant has expended significant resources to conduct intensive surveys and site assessments, including land surveys, stream and wetland delineations, threatened and endangered species surveys, and archeological surveys. Intensive land planning and market analysis has also been conducted for the development. The information gathered from these tasks has been considered in preparation of the master plan submitted with this permit application. Market analysis conducted by the applicant confirms the aptness of the project site for the intended purpose. However, for the project to be economically viable, enough land must be made available for amenities and residential development to cover development costs and provide a reasonable profit. Since the land area is finite, development costs, particularly construction costs, must be limited for the project to be successful. X 0 It is important to note that this site is uniquely well situated for the development of a master planned community. The site is located approximately 2.5 miles from US Highway 64 and is approximately 15 miles from downtown Hendersonville and downtown Brevard. The proximity of the site to US Highway 64 provides easy access to Hendersonville, Brevard, and Asheville. The Asheville Airport is thirty minutes away allowing for direct connections to Atlanta, Cincinnati, New York, Raleigh, and Charlotte. This location is favorable to the success of the development as potential residents utilize the goods, services, and attractions that are offered by nearby towns. It is also within a short driving distance to cities that provide additional services. The proposed development will contain a variety of land uses, generally consistent with other successful projects in the southeast. These land uses include single family and multi -family parcels, golf course, river club, open space under restrictive covenants or conservation easement, wetland and stream preservation, hiking trails, and infrastructure. The proposed land use provides the future residents with an aesthetically pleasing place to live in an attractive location. Most importantly, while the project will impact streams and wetlands, the overall impact to stream resources on site for the project is minimal (impacts to 8% of streams on site) and is offset by adequate mitigation. The result is the permanent preservation of over 15 miles of streams and approximately 105 acres of upland buffers on-site. These preserved streams and wetlands will be subject to restrictive covenants or conservation easements to ensure permanent preservation. Because these streams and wetlands perform valuable water quality functions, the preservation of these important areas will contribute in perpetuity to wetlands, stream, fish and wildlife protection, and improved water quality. As with any large development, water quality protection and adequate stormwater management are primary goals. Mountain Development Company, LLC will strive to meet these goals by developing a stormwater management plan that may include vegetative buffers between the development and the streams, grassed and infiltration swales, biofilters, stormwater ponds, and stringent sediment and erosion control plans. Uff • 5.0 PROPOSED PROJECT DEVELOPMENT The proposed project calls for the development of single family estate homes, cottages, and multi -family units; and all associated infrastructure. The Arnold Palmer Premier Golf Club will occupy 250 acres in the west and northern portion of the property. The practice facility which will include a 9 -hole, par three short course, putting and chipping greens, and a driving range will occupy 50 of those acres on the northern portion of the property. Also, included in development plans are a river club, town village, and swim and tennis facilities. The applicant proposes to permanently impact 7,888 linear feet of stream channel, 2.17 acres of wetlands, and 0.57 acres of open waters to achieve the previously stated project purpose through the development of a residential golf and river club community. There are 46 permanent stream impacts, four temporary stream impacts, 10 wetland impacts, and one open water impact associated with development at the Seven Falls Golf and River Club. Impacts have been identified on the site plan which is enclosed for review (Figure 4). 5.1 Golf Course Plans The applicant is proposing the development of an Arnold Palmer Premier Golf Club. This will be an 18 -hole championship golf course facility with a golf practice area. The practice area will include a driving range, putting and chipping greens, and 9 -hole, par three short game area. The layout of the golf course has been designed to avoid and minimize impacts to the greatest extent practicable. There are no stream or wetland impacts associated with the short course or practice facility. Of the 18 fairways, 10 are proposed to have permanent filling activities. Permanent fill impacts associated with golf course development are as follows: Golf Course Impacts Stream Wetland Impact Linear Feet G-1 141 G-2 515 G-3 279 G-4 358 G-5 601 G-6 377 G-7 238 G-8 200 G-9 370 Total 3,079 • Impact Acres G -A 0.18 G -B 1.15 G -D 0.26 G -E 0.06 Total 1.65 11 Open Water Impact Acres G -C 0.57 Total 0.57 • LJ 5.2 Roads The project will include the construction of 37 stream impacts and six wetland impacts associated with road crossings and related infrastructure. Eleven proposed stream crossings avoided impacts by utilizing bridges. Permanent fill impacts associated with road and infrastructure development are as follows: Road Impacts Stream Impact Linear Feet Impact Linear Feet 1 761 19 120 2 100 20 60 3 170 21 120 4 60 22 85 5 120 23 75 6 380 24 110 7 100 25 85 8 80 26 75 9 125 27 70 10 365 28 90 11 120 29 75 12 100 30 60 13 100 31 75 14 80 32 80 15 165 33 60 16 80 34 50 17 160 35 80 18 80 36 233 37 60 Total 4,809 Wetland Impact Acres R -A 0.15 R -B 0.21 R -C 0.03 R -D 0.01 R -E 0.06 R -F 0.06 Total 0.52 5.3 Utilities There are four utility crossings on site that will temporarily impact jurisdictional stream channels. These utility lines will be "trenched in" and upon completion, the stream beds and banks will be returned to their pre -impact condition. Temporary fill impacts associated with utility line crossings are as follows: Utilities Stream Impact Linear Feet U-1 30 U-2 30 U-3 30 U-4 60 Total 150 12 • 5.4 Stream Bank Stabilization and Enhancement Stream bank stabilization and enhancement will occur within the practice course and 18 -hole golf course boundary. The purpose of the non -compensatory enhancement and stabilization activities is to restore the function of Little Willow Creek and its unnamed tributaries, while making aesthetic improvements and establishing a native plant community. Little Willow Creek has bee channelized and severely impacts by years or agriculture and dairy operations. • • Enhancement and stabilization activities within the short course boundary will total approximately 4,070 linear feet; treatments will occur on the left and right banks of the channel. A Nationwide Permit 13 application was submitted for this section on August 29, 2007. This separate Nationwide Permit application was discussed and approved in an August 2, 2007 meeting with Mr. Kevin Barnett of the NC Division of Water Quality and ms. Liz Hair, pers.com August 2007. Approximately 8,700 linear feet of channel along Little Willow Creek flows through the 18 -hole golf course. Enhancement and stabilization activities will likely occur on the majority, if not all, of this length. Maps and details of the proposed stabilization area are included in Appendix F. None of the enhancement and stabilization activities proposed and associated with the short course and 18 -hole golf course is being done for mitigation. 13 • 6.0 DISCUSSION OF ALTERNATIVES This discussion of alternatives is submitted by the applicant to assist the Wilmington District, US Army Corps of Engineers (USACE) in evaluating the application for authorization to discharge dredged or fill material into waters of the United States, including wetlands, under Section 404 of the Clean Water Act, 33 U.S.C. § 1344 at the Seven Falls Golf and River Club in Henderson County, North Carolina. An analysis of the Section 404(b)(1) Guidelines (Guidelines) requirements for consideration of alternatives as required by 40 C.F.R. 230.10(a) is set forth below. The Guidelines' alternatives requirements provide that "no discharge of dredged or fill material shall be permitted if there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences." [See 40 C.F.R. 230.10(a) (emphasis added).] The record must contain "sufficient information to demonstrate that the proposed discharge complies with the requirements of Section 230.10(a) of the Guidelines. The amount of information needed to make such a determination and the level of scrutiny required by the Guidelines is commensurate with the severity of the environmental impact (as determined by the functions of the aquatic resource and the nature of the proposed activity) and the scope/cost of the project." [See USACE/EPA Memorandum to the Field "Appropriate Level of Analysis Required for Evaluating Compliance with Section 404(b)(1) Guidelines Alternatives Requirements," p. • 2, dated August 23, 1994, hereinafter the "Memorandum."] As noted in the Memorandum on pages 3-4, the 404(b)(1) Guidelines "only prohibits discharges when a practicable alternative exists which would have less adverse impact on the aquatic ecosystem." [See Memorandum.] "If an alleged alternative is unreasonably expensive to the applicant, the alternative is not practicable." [See Guidelines Preamble, "Economic Factors," 45 Federal Register 85343 (December 24, 1980).] Practicable alternatives for the project are those alternatives that are "available and capable of being done after taking into consideration costs, existing technology, and logistics in light of overall project purposes." [See 40 C.F.R. 230.10(a)(2).] Clarification is provided in the Preamble to the Guidelines on how cost is to be considered in the determination of practicability. An alternative site is considered "available" if it is presently owned by the applicant or "could reasonably be obtained, utilized, expanded or managed in order to fulfill the basic purpose of the proposed activity." 40 C.F.R. § 230.10(a)(2). Our intent is to consider those alternatives, which are reasonable in terms of the overall scope and cost of the proposed project. The term economic [for which the term "costs" was substituted in the final rule] might be construed to include consideration of the applicant's financial standing, or investment, or market share, a cumbersome inquiry which is not necessarily material to the objectives of the Guidelines. The Environmental Protection Agency (EPA) 404(b)(1) Guidelines state that, "we have • chosen instead to impose an explicit, but rebuttable presumption that alternatives to 14 • discharges in special aquatic sites are less damaging to the aquatic ecosystem, and are environmentally preferable." Of course, the general requirements that impacts to the aquatic system not be acceptable also applies. This presumption "...contains sufficient flexibility to reflect circumstances of unusual cases" (249 Fed. Reg., 85339, December 24, 1980). It is clear from these stipulations that a preferable alternative may allow filling in certain wetland areas and subsequent mitigation and/or management of other areas. 6.1 Avoidance Mountain Development Company, LLC. was willing to considered sites other than the proposed project site for development of the Seven Falls Golf and River Club. A set of criteria was developed to aid in the search for a site and ultimate selection of a site. 6.1.1 Site Criteria A. Location In order to meet the stated project purpose, it is imperative that the project be located in Henderson County. Henderson County is located within the Appalachian Mountains and is in close proximity to many other towns and attractions making the area an appealing place to visit and reside. Henderson County is a national recognized destination for retirees and second home residence. • Mountain Development Company, LLC. seeks to take advantage of Henderson County's central location, which provides rich recreational opportunities such as hiking, sightseeing, bird watching, mountain biking, horseback riding, and boating. In order to develop the river club component of the community, the chosen site needs to be located adjacent to a stream or river of substantial size. • Proximity to major highways, airports, urban centers, and areas that can provide fundamental goods and services is also of importance. Residents need to be able to access these areas with convenience; this ability will make the chosen site and the surrounding area a more enjoyable place to live, work, and play. B. Size Mountain Development Company, LLC. wants the golf course and river club to be the central amenities; however, they do not want these areas to overshadow the rest of the development and encompass the majority of the land mass at the chosen site. In order to meet the stated project purpose and develop all of the project components while still providing area for residential housing, it is necessary that the site be greater than 900 acres. 15 • C. Elevation The developer wants to provide residents a variety of location options for their home sties. One of the development goals of this project is to provide high elevation home sites with long range vistas; and river view and golf view home sites situated at lower elevations. The ideal high elevation would be approximately 3,000 feet above MSL. D. Community Infrastructure The property should be adequately served by community infrastructure. The ability to tap into existing sources of utility is important in determining the feasibility and practicability of a project. E. Topography The slope and cross slopes of a property provides for a general understanding of the steepness of the site and allows the applicant to understand the amount of earthwork that may be required for development. For instance, the steeper the slope, the more likely the development will require exaggerated cut and fill areas in order to achieve necessary grades. Steep slopes yield difficult areas to develop without causing excessive land disturbance and potentially • prohibitive costs during construction. These areas also present major concerns regarding sediment and erosion control, structure stability, and road infrastructure development. • Playability of a golf course is also largely dependent on topography and is the major driving force behind golf course design. Playability on a mountain course relies greatly on the landscape position of the course and topography of the land. Several factors are considered when determining the playability of a site. These factors include, but are not limited to, yardage, par sequence, hole difficultly, hole direction, play relief, and angle of approach, all of which are largely reliant on topography. F. Site Accessibility Other primary criteria for selecting the appropriate site is its location in respect to major roads and direct accessibility into all portions of the site. A development's marketability is directly related to how accessible it is to its residents and users and how accessible goods and services are in relationship to the community. Further, if certain portions of the site are inaccessible, the property looses value and areas of development are limited. 16 6.1.2 Site Options There are few, if any, single tracts of land in Henderson County large enough to accommodate a development such as the Seven Falls Golf and River Club. For this reason, Mountain Development Company, LLC was not able to find a single tract of land in Henderson County that met the project needs. The chosen site is compiled of 38 individual parcels; the valley, alone, is comprised of 12 parcels. This compilation of parcels has taken approximately two years to complete. Due to the lack of large parcels in Henderson County and the amount of time and effort it has taken to compile such a large number of parcels, all energies had to be focused on assembling a tract large enough to sustain a development of substantial size. For this reason, Mountain Development Company, LLC considered no other group of parcels for this development. 6.1.3 No -Build The proposed project would not be able to be completed without impacts to jurisdictional streams and wetlands. The costs of bridges, alone, would be prohibitive to development and the golf course amenity would have to be eliminated. Without the golf course amenity, the project is no longer feasible since the golf course is the keystone to the development of the Seven Falls Golf and River Club. • 6.1.4 Site Selection The proposed location is the prime setting for the Seven Falls Golf and River Club. The project site is located in Henderson County adjacent to the French Broad River. It is easily accessible and is in close proximity to major highways, airports, urban center, and facilities that can provide fundamental goods and services. • Mountain Development Company, LLC obtained enough parcels to assemble a tract that is approximately 1,400 contiguous acres. This acreage allows enough area for the golf course and river club amenity while still providing adequate opportunity for residential housing. This site contains a range of elevations that will yield high elevation lodging opportunities with long-range vistas and low elevation lodging opportunities with views of the golf course and the French Broad River. Topography in the valley is ideal for a golf course. Development of the golf course can be done with minimal grading when compared to other mountain courses of its kind. This site is in close proximity to Etowah, North Carolina and other urban areas. Mountain Development Company, LLC will be able to tap into the local municipal water supply. 17 6.2 Minimization In preparing the master plan, Mountain Development Company, LLC considered a variety of constraints, including impacts to wetlands and waters of the US. The applicant has avoided and minimized impacts to wetlands to the greatest extent practicable and feasible while still accomplishing the overall project purpose. It has been determined that large mountain properties in western North Carolina contain similar streams, springs, and seeps as those found on the project site. During design of the proposed master plan, the applicant considered many development alternatives, which included impacts to substantially more streams than the proposed plan depicts. Prior to the submittal of this application, the applicant conducted meetings with regulatory agency personal including the USACE, DWQ, and NC Wildlife Resources Commission (WRC) over a six- month period. Many of these changes were in response to consultant and agency comments. Specifically, other development plans required more impacts to streams and wetlands from golf course routing. Original golf course designs proposed over 3,600 linear feet of stream impacts. Additional avoidance and minimization efforts were completed by avoiding road crossing impacts by utilizing eleven bridges. All stream impacts associated with cart crossings will be minimized through the utilization of bridges. In addition to the restoration and stream enhancement proposals, the proposed master plan will preserve streams at preservation ratio greater than 10:1, thereby demonstrating that the applicant has • designed the proposed project in order to avoid jurisdictional impacts to the greatest extent practicable. Because the site is covered in long linear stream segments, it would be impossible to avoid all streams while continuing to maintain a rational project design and the flexibility needed to construct a large- scale master planned community with a lengthy build out period. A summary of the avoidance and minimization that has taken place on site is as follows: Avoidance 6.3 Alternatives Conclusion This discussion of alternatives, together with the documents submitted by the applicant in support of its 404 Permit, shows that the project complies with the Guidelines. As this analysis clearly demonstrates, the Seven Falls Golf and River Club development is designed to avoid and minimize impacts to the site to the maximum extent practicable while maintaining a rational project design. 18 Percent Avoided Feature Amount Unit and Minimized linear Streams 93,743 feet 92 Wetlands 3.11 acres 59 Open Water 2.33 acres 80 6.3 Alternatives Conclusion This discussion of alternatives, together with the documents submitted by the applicant in support of its 404 Permit, shows that the project complies with the Guidelines. As this analysis clearly demonstrates, the Seven Falls Golf and River Club development is designed to avoid and minimize impacts to the site to the maximum extent practicable while maintaining a rational project design. 18 r-� u 7.0 CONCEPTUAL MITIGATION PLAN Upon completion and implementation of all practical avoidance and minimization efforts, 7,888 linear feet of stream channel, 2.17 acres of wetlands, and 0.57 acres of open water impacts associated with the development at the Seven Falls Golf and River Club are unavoidable. The following conceptual mitigation plan is provided in support of this permit application and the mitigation measures are described below. Upon conditional approval, the applicant will prepare final stream and wetland restoration designs and plans. These final plans will be submitted to the USACE and DWQ to be approved prior to the commencement of any proposed impacts. Implementation of the mitigation plan will begin immediately upon issuance of a 401 Division of Water Quality Certification and USACE Section 404 Permit. A schedule of activities, based upon the growing season, will be included as well. Stream mitigation (restoration and enhancement) will be protected in perpetuity under a legally binding agreement (i.e. conservation easement or other approved mechanism). The stream restoration projects will be designed utilizing Natural Stream Channel Design methods approved by the DWQ and the USACE (Stream Mitigation Guidelines, April 2003). This includes a geomorphologic approach based on understanding valley types, watershed conditions, stream dimension, stream pattern, stream profiles, sediment transport, and reference reach analysis. 7.1 Streams (Restoration and Enhancement) Mountain Development Company, LLC proposes to restore and enhance two tributaries off-site. Baker Engineering developed the conceptual plan, and upon conditional approval, Baker Engineering will also complete the final compensatory mitigation plan. The first tributary is an unnamed tributary to the French Broad River. It is located within the Hollabrook Farms subdivision. Approximately 3,275 linear feet of channel will be enhanced and restored. The restoration activities will yield 2,358 linear feet of enhanced stream channel and approximately 980 linear feet of restored stream channel, yielding 2,550 linear feet of mitigation credit. The second tributary is an unnamed tributary to Wash Creek. It is located in the future Laurel Park Nature Park. Restoration activities will occur on approximately 1,120 linear feet of stream channel, yielding 1,370 linear feet of newly restored stream channel and 1,370 linear feet of mitigation credit. Baker Engineering's full report has been attached for review (Appendix D). All of the stream mitigation projects proposed for the Seven Falls Golf and River Club will utilize Natural Channel Design methods. This is a geomorphological approach to stream restoration based on an understanding of the valley type, general watershed conditions, dimension, pattern, profile, hydrology and sediment transport of natural substrate, stable channels reference conditions, and applying 101 • this understanding to the reconstruction or relocation of an unstable or new channel. As -built plans, which will document the post construction condition of the restored and enhanced stream segments, will be completed and submitted to the agencies. The as -built plans will confirm the constructed channel is of the design pattern, dimension, and profile. Mountain Development Company, LLC will evaluate the success of the stream restoration and enhancement using the following forms of monitoring: photo documentation, plant survivability, channel stability, and biological indicator assessment. Channel stability monitoring will include cross sections, longitudinal profiles, and pebble counts. Cross sections will be located in riffles and pools. Pebble counts will be conducted to monitor the change in frequency of particle size. The location of the monumented cross sections and pebble count transects will be finalized during construction and shown on the as -built plans. Monitoring will occur once a year for five years and for at least two bankfull flow events after construction. The project is determined a success, in regards to channel stability, when there is minimal evidence of instability, which may include down -cutting, deposition, bank erosion, and increase in sands or finer substrate. Substantial determinations of success will be made by the applicant and confirmed by the USACE and the DWQ. Photos will document channel aggradation or degradation, bank erosion, success of riparian vegetation, effectiveness of erosion and control measures, and absence or presence of in -stream bars. Photos will be taken at the same location each year. At least one photograph upstream and downstream will be taken at each permanent cross section and at key stream structures such as cross vanes, rootwads, or other designated features. The project will be deemed successful when there is no substantial aggradation, degradation, or bank erosion. Substantial determinations of success will be made by the applicant and confirmed by the USACE and DWQ. Vegetative survival inside the planted riparian buffer will be documented with photographs, as well. These photographs will be taken for five years and along the entire length of the corridor. Fixed photographic stations will be established and utilized each year. Baseline monitoring and as -built plans will be submitted immediately following planting. Monitoring will occur annually thereafter for a period of five years. Plant survivability will be monitored by establishing parallel line transects and survival plots within the newly planted riparian zones. The center of each plot will be permanently marked and appropriately labeled for future identification. Within each plot, stem survival of planted and volunteer tree species will be documented in a 15 -foot radius. Volunteer shrubs and herbaceous species will be • documented in ten and 5 -foot radius areas, respectively. 20 Species composition and dominance will be measured within each plot. The number of stems found in each plot will be recorded and all stems will be identified to at least the genus level. For purposes of measuring against the success criteria, survival of planted seedlings will be expressed in terms of the number of live stems per acre. Volunteer species will be expressed in terms of number of stems per acre and coverage. Survivability of plants will be deemed successful if the data concludes that there is 75 percent survival (320 trees) after three years, with no fewer than 260 trees per acre through year five. Areas of less than 75 percent coverage will be reseeded and/or fertilized; and live stakes and bare rooted trees will be planted to achieve desired densities. If significant problems are identified prior to the end of the monitoring program, USACE and DWQ regulatory agency personnel will be consulted regarding possible remedial action. Remedial action may include replanting, additional grading, stabilizing, and continued monitoring. If, at the end of the monitoring program, success criteria have not been met, the applicant will consult with the USACE, the DWQ, and other appropriate state and federal agencies to determine specific causes and appropriate remedial actions. Review of specific causes resulting in success criteria deficiencies may include: hydrologic influences, plant mortality, vandalism, animal depredation, or invasion of nuisance plants. It is the intent of the applicant to achieve the success criteria; however, the applicant cannot be responsible for acts of god or natural disasters, which may undermine or preclude success. In the event of such acts or disasters, the applicant will immediately coordinate with the appropriate state and federal agencies for proper actions, if needed. 7.2 Wetlands Mountain Development Company, LLC proposes to create littoral shelves on the three stormwater ponds on the northern portion of the project site. This will be done to maximize stormwater buffering and purification. The stormwater ponds and littoral shelves are designed to provide water quality benefits to downstream wetlands and waters. The stormwater ponds are configured to provide significant removal of suspended solids, nutrients, and pollutants. They will maintain a permanent pool of water designed for a target sediment removal rate at or accepted standards. The ponds will hold runoff that results from a 10 -year, 24- hour period rainfall event, and release this water over a period of several days. The littoral shelves around the perimeter of these ponds, set at a 6:1 slope, starting at the permanent pool elevation and continuing two feet below the water level. The presence of perimeter shelves will allow for the establishment of vegetative areas that provide enhanced pollutant removal, wildlife and waterfowl habitat, and protect the shoreline from potential erosion. Mountain Development Company, • LLC will vegetate the littoral shelves of the ponds. Establishment of a stable "I • vegetative community will have a direct relation to replacing lost filtration values and functions within impacted areas. Three littoral shelves will be constructed, one on each stormwater pond, for a total of 0.50 acres. The applicant will participate with EEP to mitigate an additional 1.75 acres of wetlands. 7.3 Reporting Annual reports detailing the findings of the above defined monitoring will be prepared by the applicant and submitted to the USACE and the DWQ. This includes a baseline as -built plan and report and subsequent annual reports for a total of five consecutive years. The reports will provide the findings of that year's monitoring and a cumulative account of monitoring to date. Corrective measures, if success criteria has not been met, will also be identified and discussed. 7.4 NC Ecosystem Enhancement Program (EEP) Mountain Development Company, LLC proposes to mitigate for the balance of unavoidable impact through payment into the EEP in -lieu fee program. By letter dated August 2, 2007, EEP has indicated they are willing to accept payment for impacts associated with development at the Seven Falls Golf and River Club and up to 7,492 linear feet of stream and 1.7 acres of wetlands. The acceptance letter is enclosed for review (Appendix E). 7.5 Summary Mountain Development Company, LLC is proposing to mitigate for 7,888 linear feet of unavoidable stream impacts. Compensatory mitigation will be in the form of restoration, enhancement, and payment into the EEP. The following table summarizes the proposed stream mitigation: Mitigation Table Wetland impacts will be mitigated for through the construction of littoral shelves on the stormwater ponds and participating in EEP. A total of 0.50 acres of littoral shelves will be constructed on site and 1.75 acres will be mitigated through EEP. 22 Linear Feet Mitigation Stream of Type Activity Total Mitigation Ratio (x: l) Credit Hollabrook 2,358 Enhancement 1.5 1,572 Hollabrook 980 Restoration 1 980 Laurel Park 1,370 Restoration 1 1,370 EEP 3,966 Restoration 1 3,966 Total 8,674 7,888 Wetland impacts will be mitigated for through the construction of littoral shelves on the stormwater ponds and participating in EEP. A total of 0.50 acres of littoral shelves will be constructed on site and 1.75 acres will be mitigated through EEP. 22 8.0 US ENVIRONMENTAL PROTECTION AGENCY 404(b)(1) GUIDELINES EPA interim regulations providing guidance for specification of deposit on sites for dredge and fill material were published on September 17, 1993, in 40 C.F.R. 230 per Section 404(b)l. Sub -Parts A through I pertain to dredge and fill permits, and apply to project sites similar to this project. Sub -Part D presents a summary of compliance criteria for the 404(b)l guidelines. This section references and defines practicable alternatives and indicates that a Dredge & Fill Permit shall not be issued if practicable alternatives exist. Alternatives reviewed, detailed in Section 6.0, were assessed for compliance with 404(b)l guidelines. Additional EPA guidance is presented related to general regulatory criteria, wildlife value, and human health guidelines. The discharge of dredge and fill material is considered permittable under these guidelines if the discharge activity: does not contribute to violation of state water quality standards; does not violate toxic effluent standards; does not jeopardize the continued existence of species listed as threatened and endangered pursuant to the federal Endangered Species Act of 1973 and subsequent amendments; does not cause degradation to any marine sanctuaries; does not contribute to significant degradation of "waters of the United States;" does not adversely affect human health as pertains to water supply; does not adversely impact wildlife, food chain, and special aquatic sites; does not contribute to the discharge of pollutants that may affect • the food web; does not have negative effects on the productivity of the aquatic ecosystem, or their physical values; and does not have adverse impacts on recreation, aesthetic or economic values. Additionally, the applicant is required to minimize potential adverse impacts on the aquatic ecosystem. 8.1 Factual Determination The USACE is required to determine both potential short-term and long-term effects of a proposed discharge of dredge and fill material on the physical, chemical, and biological components of an aquatic environment. 8.2 Potential Impacts on Phvsical and Chemical Characteristics of the Aquatic Ecosyste Sub -Part C of the 40 C.F.R. 230 guidelines lists six physical and chemical characteristics that must be assessed during the permit review, and the effects of which must be determined to be minimal on the aquatic ecosystem. 8.2.1 Substrate Fill material will be placed in jurisdictional streams and wetlands. Any discharge will consist of suitable fill material and will not include any trash, debris, car bodies, asphalt, etc. The fill material will also be free of toxic pollutants in toxic amounts. Proper sediment and erosion control devices will be installed prior to and during construction to ensure that the bottom elevation of remaining streams and wetlands on the property will . not change. 23 8.2.2 Suspended Particulate/Turbidity (Sediment and Erosion Control) During construction activities on the site, there may be a minimal increase in suspended particulates that may lead to increased turbidity downstream. However, the increase is anticipated to be minimal and temporary due to the installation and maintenance of proper sediment and erosion control measures during construction and shortly thereafter. 8.2.3 Water Quality The proposed discharge of dredge and fill material should not cause increased chemical contamination levels within the aquatic ecosystem. Specifically, changes in clarity, color, odor, and taste of water in addition to possible chemical contamination shall be minimized or reduced. All discharges of dredge and fill material will be controlled with a sediment and erosion control plan. It is anticipated that all of the fill material needed at the site will be taken from on-site areas. The fill material used on site will be clear and free of chemical contamination. Should additional fill material be required, suitable, off-site, clean fill material will be purchased and transported to the project. Mountain Development Company, LLC will be concurrently applying for a NC Division of Water Quality Water Quality Certification. 8.2.4 Current Patterns in Water Circulation The discharged dredge and fill material should not adversely modify current water circulation patterns by obstructing flow, changing direction or velocity of water, or changing velocity or flow of circulation. Culverts will be installed at road crossings with jurisdictional impacts. All culverts will be buried to a depth that is equal to 20% of their diameter. Culverts that are larger than 48 inches will be buried to a depth of 12 inches. Impacts associated with road crossings will not inhibit channel flow. 8.2.5 Normal Water Fluctuations The discharge of fill material associated with this project is not anticipated to have any significant effect on the downstream hydrologic regimes. 8.2.6 Salinity Because this project is located inland and away from tidally influenced waters and wetlands, no modification to the salinity of on-site or adjacent waters is expected. 8.3 Potential Impacts to Biological Characteristics of the Ecosystem Sub -Part D of the 40 C.F.R. 230 guidelines specifies three areas of concern in which disposal of dredge and fill material can affect the biological components of 24 the ecosystem. These components are threaten and endangered species, fish, crustaceans, mollusks, other aquatic organisms in the food web, and wildlife. 8.3.1 Threatened or Endangered Species Discharge of dredge and fill material has the potential to negatively effect the habitat of threaten and endangered plant and animal species. During completion of threatened and endangered species habitat assessment for the Seven Falls Golf and River Club, no listed species were observed. It is the opinion of ClearWater Environmental Consultants, Inc. that federally protected species are not likely to be present within the project boundary. As such, development of the proposed Seven Falls Golf and River Club is not likely to cause an adverse impact to any federally threatened or endangered species or their critical habitat. A discussion of threatened and endangered species is found in Section 3.4 of this application as well as in the attached "Preliminary Threatened and Endangered Species Assessment" (Appendix A). 8.3.2 Fishes, Crustaceans, Mollusks, and other Aquatic Organisms in the Food Web Discharges of dredge and fill material can alter the food web by impacting animals such as invertebrates that make up the basis of a food chain. The release of contaminants or an increase in turbidity has the potential to negatively effect certain aspects of the food web. Such releases may also potentially increase the levels of exotic species. All culverts on site will be imbedded in the streambed in order to allow natural stream substrate to accumulate in the bottom of the culvert and to allow uninhibited aquatic life passage. Impacts to primary food chain production within the waters of the US and wetlands on the project site are expected to be minimal. 8.3.3 Other Wildlife The discharge of dredge and fill material has the potential to negatively effect breeding and nesting areas, escape cover, travel corridors, and preferred food sources for resident and migrant wildlife species. While a minimal loss of wildlife habitat for wetland -dependent species may result from construction of the project, the proposed preservation of approximately 105 acres of riparian buffer on site along with 81,743 linear feet of stream channel should compensate for any minor loss of habitat. 8.4 Potential Impacts on Special Aquatic Sites Sub -Part E of the 40 C.F.R. 230 guidelines addresses considerations for potential impacts on special aquatic sites, which include: sanctuaries and refuges, wetlands, mud flats, vegetated shallows, coral reefs, and riffle -pool complexes. 25 8.4.1 Sanctuaries and Refuges The discharge of dredge and fill material has the potential to negatively effect adjacent sanctuaries and wildlife refuges by impacting water quality, decreasing wildlife habitat, increasing human access, and creating the need for frequent maintenance activity, resulting in the establishment of undesirable plant and animal species, which can change the balance of habitat type. Impacts to sanctuaries or refuges will not occur as a result of development at the Seven Falls Golf and River Club. 8.4.2 Wetlands The discharge of dredge and fill material has the potential to adversely effect wetlands including wetland substrate, hydrology, and vegetation. Discharges can lead to a loss of wetland values, such as wildlife habitat, flood storage, and groundwater recharge. The discharge of fill material will impact 2.17 acres of wetlands on site. Approximately 3.11 acres of wetlands has been avoided; totaling 59 percent of total wetlands on site. Approximately 0.50 acres of littoral shelf will be constructed on site and the applicant will participate with EEP to offset an additional 1.62 acres of wetlands. 8.4.3 Mud Flats Discharges of dredge and fill material has the potential to negatively effect mud flats that exist along inland lakes, ponds, and riverine systems. There are no mud flat communities within the project boundary; therefore, loss of these ecosystems will not occur as a result of development at the Seven Falls Golf and River Club. 8.4.4 Vegetated Shallows Vegetated shallows are permanently inundated areas that contain rooted aquatic vegetation. This type of habitat generally exists within estuarine and marine environments; and some freshwater lakes and rivers. No vegetated shallow habitats exist within the project boundary; therefore, no impacts to this ecosystem will occur as a result of development at the Seven Falls Golf and River Club. 8.4.5 Coral Reefs Coral reefs typically exist within marine ecosystems. Coral reefs do not exist within the project boundary; therefore, no impacts to this ecosystem will occur as a result of development at the Seven Falls Golf and River Club. 8.4.6 Riffle -Pool Complexes Discharge of dredge and fill material into or upstream of riffle -pool complexes has the potential to negatively affect water quality and wildlife ® value. Fill in the form of culverts has the potential to be placed into riffle - 26 pool complexes. However, culverts will be buried at a depth equal to 20 percent of there diameter which will allow natural bed substrate to cover the bottom of the culvert. These areas would most likely take on riffle functions. Any permanent impact to riffle -pool complexes will be mitigated for through the proposed restoration and enhancement activities. 8.5 Potential Effects on Human Use Characteristics Sub -Part F of the 40 C.F.R. 230 guidelines address potential effects on human use of wetlands and waterways. Factors including water supply, recreational and commercial fisheries, water -related recreation, aesthetics, and parks and similar preserves are considered within this portion of the guidelines. No effects on human use characteristics are anticipated as a result of the proposed development at the Seven Falls Golf and River Club. 8.5.1 Municipal and Private Water Supply The public water supply will not increase or decrease due to proposed activities within the Seven Falls Golf and River Club project boundary. Potable water will be supplied by the local municipal water facility. Irrigation water for the golf course will be taken from off-line ponds. The primary source of water for these ponds is the French Broad River. 8.5.2 Recreational and Commercial Fisheries • Discharges of dredge and fill material has the potential to negatively effect recreational and commercial fisheries. Because to river club is an integral part of this development, all necessary efforts will be made to protect the recreational fisheries of the French Broad River that are the backdrop of the river club. Sediment and erosion control measures will ensure the containment of loose soil. The other approximately 15 miles of Little Willow Creek and unnamed tributaries to not provide recreational fishing opportunities. 8.5.3 Water -Related Recreation Proposed activities within the Seven Falls Golf and River Club project boundary will increase waterborne recreation in the project vicinity. The river club component of this development will provide opportunities for boating and fishing within and along the French Broad River. However, public access to these amenities will be restricted because of private ownership. 8.5.4 Aesthetics Aesthetically, the golf course, river club, and residential development proposed at the Seven Falls Golf and River Club will be no different from any other amenity -based community in outlying areas. Because of the nature of a premier golf course, an aesthetically pleasing design is of utmost importance. The design team has strived to integrate the golf icourse, river club, and residential development into the surrounding 27 • • environment so that they can work together and act as a single unit. The project is not expected to diminish the aesthetic value of the area or cause disharmony from an aerial or neighboring view. 8.5.5 Parks, National and Historical Monuments, National Beach Shores, Wilderness Areas, Research Sites, and Similar Preserves No areas as described above will be affected by the proposed development at the Seven Falls Golf and River Club. 8.6 Summary Based on the EPA guidelines identified within 40 C.F.R. 230, and enumerated herein, a number of potential environmental impacts have been presented and subsequently addressed. The proposed permanent impact to 7,668 linear feet of streams and 2.17 acres of wetlands will not cause any off site adverse impacts. Mitigation offered both on site and off site should more than compensate for any on-site impacts. 28 • 9.0 PUBLIC INTEREST CONSIDERATIONS When reviewing this application, the USACE is required to consider the project in terms of the public interest. In considering the public interest, the USACE must evaluate the probable impacts of the project and evaluate the "benefits which reasonably may be expected to occur from the proposal against reasonably foreseeable detriments." In balancing these interests, the USACE must consider the public and private need for the proposed project, the practicability of using reasonable alternative locations, and the extent and permanence of the beneficial and/or detrimental impacts of the project. The USACE also considers the following public interest factors: conservation, economics, aesthetics, general environmental concerns, wetlands, historic and cultural resources, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and water quality, energy needs, safety, food and fiber production, mineral needs, and considerations of the property ownership. Pursuant to 33 C.F.R. 323.6, a determination that the project is not contrary to the public interest must be achieved before permit issuance. Public interest considerations are listed • in 33 C.F.R. 320.4 (a)(1) and are discussed below. • Furthermore, the USACE regulations state that a permit will be granted unless the district engineer determines that it would be contrary to the public interest. The Seven Falls Golf and River Club have extensively evaluated these factors over the last 18 months through the planning process and believe that the proposed project is clearly in the public interest. 9.1 Conservation Mountain Development Company, LLC proposes to preserve approximately 81,743 linear feet (over 15 miles) of stream channel. These waters are ecologically important as cool water mountain streams, which empty into the French Broad River. These streams will be preserved in perpetuity through the implementation of appropriate legal and physical mechanisms (i.e. conservation easement). Mountain Development Company, LLC will also preserve the functions and values of these streams by establishing a 30 -foot upland buffer on the right and left sides of the channel preserved channels. The total land mass of the upland buffers will be approximately 105 acres. NJ The location of these upland buffer and stream preservation areas will serve to protect and preserve the function and value of the areas and maintain suitable foraging, breeding and nesting habitat, and corridors for wildlife species. 9.2 Economics The project will provide an overall benefit to the local economy of Henderson County. During and upon completion of construction of the golf course, the site will provide job opportunities associated with the development and maintenance of the course and associated residential development. In addition, having a golf course as part of the development will increase the property values in the development, as well as, in the local community. The project will also benefit the local economy by providing additional tax revenues. The appropriate economic evaluations have been completed and the project as proposed is economically viable. 9.3 Aesthetics Aesthetically, the golf course, river club, and residential development proposed at the Seven Falls Golf and River Club will be no different from any other amenity -based community in outlying areas. Because of the nature of a premier golf course, an aesthetically pleasing design is of utmost importance. The design team has strived to integrate the golf course, river club, and residential development into the surrounding environment so that they can work together and act as a single unit. The project is not expected to diminish the aesthetic value of the area or cause disharmony from an aerial or neighboring view. 9.4 General Environmental Concerns Other than stream, wetland, and open water impacts, proposed development activities within the Seven Falls Golf and River Club project boundary will have no significant identifiable impacts upon other environmental components. 9.5 Wetlands The discharge of dredge and fill material has the potential to adversely effect wetlands including wetland substrate, hydrology, and vegetation. Discharges can lead to a loss of wetland values, such as wildlife habitat, flood storage, and groundwater recharge. The discharge of fill material at the Seven Falls Golf and River Club will impact 2.17 acres of wetlands on site. Approximately 3.11 acres of wetlands has been avoided; totaling 59 percent of total wetlands on site. Approximately 0.50 acres of littoral shelf will also be constructed on site. 9.6 Historic Properties A review of state records by SHPO indicates that there are no known archeological resources on the project site (Appendix Q. However, TRC is ME investigating a potentially eligible site located approximately 600 meters east of the project area. 9.7 Fish and Wildlife Values Riparian and wetland areas provide habitat for many types of wildlife because of their diverse and productive plant communities, complex structure, and close proximity to surface water. Wildlife may be permanent residents of riparian and wetland areas or occasional visitor that use the areas for food, water, or temporary shelter. Food availability varies with the type of vegetation in riparian and wetland area, but includes fruit, seed, foliage, twigs, buds, insects, and other invertebrates. Trees and shrub produce a variety of foods that are eaten by many animals and may be especially important sources of nutrition during the winter months. Grasses and herbaceous vegetation provide seeds and forage both within riparian and wetland areas and along the forest border. The stream environment provides moving water for many animals to drink, feed, swim, and reproduce. Water is also available on the moist vegetation and in wetlands that are often associated with riparian areas. These areas, both permanent and temporary, are especially important for amphibians and macro -invertebrates. Riparian and wetland areas provide a sheltered environment for many species of animals to feed, rest, and reproduce. Animals use these areas to seek shelter from extreme weather and to escape predators and human activity. Riparian and wetland areas may also provide important travel corridors for some species, and are frequently used as stop -over points for migratory birds. Although impacts to these systems will occur at the Seven Falls Golf and River Club, adequate avoidance, minimization, and compensatory mitigation will compensate for lost functions and values. 9.8 Flood Hazards A portion of the northern section of the property is located within the floodplains of the French Broad River and Little Willow Creek. A floodplain map has been attached for review (Figure 5). Overall, the proposed location of the residential community and has a minimal risk of flooding. The practice area and areas of the golf course adjacent to Little Willow Creek are located within the floodplain and it is expected that these area will flood from time to time. It is possible that some tributaries on the property will flood occasionally due to natural fluctuations in weather patterns that increase precipitation. The activities taking place within the Seven Falls Golf and River Club project boundary are not 931 expected to increase or decrease the natural rate of flooding at the site or downstream. 9.9 Floodplain Values Development of roads and some fairways will occur within the 100 -year floodplain of the French Broad River; however, no homes will be within the floodplain areas. The majority of this floodplain is previously impacted by agricultural and dairy farming practices. Because of these past land uses, floodplain values have been jeopardized and compromised for many years. Development activities associated with the development of the Seven Falls Golf and River Club should not cause detriment to the already diminished floodplain values of the site. 9.10 Land Use The proposed project will be in compliance with local zoning regulations and ordinances. The project is consistent with surrounding land use and development. 9.11 Navigation All tributaries on site are tributaries to the French Broad River and the French Broad River flows along the northern boundary of the site. The French Broad River is a navigable -in -fact water at the Wilson Bridge east of Brevard; however, no development will occur within the French Broad 10 River and no activities proposed at the Seven Falls Golf and River Club are anticipated to affect navigation. 9.12 Shore Erosion and Accretion The project should have minimal effects on erosion and runoff. An erosion control plan will be implemented as part of the construction plan for the project. During the construction process, BMPs will be followed. These BMPs will include the construction of swales, erosion and sediment control structures, turbidity barriers, and other measures that will prevent sediment transport off the project site and into other waters. Use of devices such as silt screens, staked hay bales, temporary grassing, wind rowing of vegetation, and other mechanisms to prevent turbidity will be employed. 9.13 Recreation Proposed activities within the Seven Falls Golf and River Club project boundary will increase waterborne recreation in the project vicinity. The river club component of this development will provide opportunities for boating and fishing along and within the French Broad River. The project will also increase terrestrial -borne recreation by providing a facility for residential golfers. However, public access to these amenities will be restricted because of private ownership. 32 9.14 Water Supply and Conservation The public water supply will not increase or decrease due to proposed activities within the Seven Falls Golf and River Club project boundary. Potable water will be supplied by the local municipal water facility. Irrigation water for the golf course will be taken from the French Broad river. 9.15 Water Quality (Stormwater Management) No short term or long term adverse water quality impacts are anticipated. BMPs will be incorporated during construction. Stream buffers are being provided to assure long-term stream protection and integrity. A stormwater management plan will be designed by William G. Lapsley and Associates to satisfy the future stormwater management needs of the proposed development. Although this plan is not finalized, the draft plan includes the use of several stormwater ponds that will direct stormwater the impervious area associated with the Town Center and golf course maintenance facility. A preliminary stormwater plan and calculations are included in Appendix G. Henderson County is within the new Phase II Stormwater Controls and the County plans to implement stormwater permitting. However, as this program is not yet installed in Henderson County, the applicant, upon approval of the 401 certification will submit a final stormwater management plan for approval in writing to either the DWQ in Raleigh or Henderson County's stormwater services within 90 days. The stormwater management facilities will be designed to meet the guidelines set forth in the latest Stormwater Best Management Practices, NCDENR 2007 and is required for certain areas by the 401 Water Quality Certification. Wet ponds are designed and configured to provide significant removal of suspended solids, nutrients, and pollutants from incoming stormwater. Design parameter includes the provision of sufficient surface area to promote settling of potential pollutants. The stormwater biofilters are designed for a target sediment removal rate at or above 85%. Grassed water quality swales and other low-density stormwater measures may be utilized in areas of the site where impervious surfaces are less concentrated, such as the residential portions of the project. This low density residential area will not have curb and gutters. The stormwater management plan will be approved by NCDWQ prior to impacts to streams. Stormwater management is a requirement under the 401 Water Quality Certification and may require periodic maintenance to meet Stormwater plan requirements. 33 • As a further public interest review mitigation measure, the applicant has elected to design a littoral shelf around a portion of the irrigation ponds, set at a 6:1 slope, starting at the permanent pool elevation and continuing two feet below water level. The presence of perimeter shelves will allow for the establishment of vegetative areas that provide enhanced pollutant removal, wildlife and waterfowl habitat and protect the shoreline from potential erosion. Mountain Development Company, LLC will be concurrently applying for a NC Division of Water Quality Water Quality Certification. 9.16 Energy Needs Activities taking place within the Seven Falls Golf and River Club project boundary, during construction and at full operation, are not expected to significantly increase energy demands beyond the capacity of the local facility. Energy will not be produced as a result of the proposed activities within the Seven Falls Golf and River Club project boundary. 9.17 Safety The proposed project will be designed with the maximum possible considerations for public safety. The proposed activities at the Seven Falls Golf and River Club will not increase or decrease public safety. 9.18 Food and Fiber Production The proposed activities within the Seven Falls Golf and River Club project boundary should not have a significant increase or decrease food and fiber production. 9.19 Mineral Needs The project fulfills no current mineral needs. No mining activities are proposed as part of the development of the Seven Falls Golf and River Club. 9.20 Considerations of Property Ownership Mountain Development Company, LLC owns the property proposed for development and has the inherent right to develop the land in a reasonable and responsible manner, which includes adhering to all Federal, State, and local regulations. 9.21 Needs and Welfare of the Pu The project will positively address the needs and welfare of the public by providing recreational and residential facilities in Henderson County, North Carolina. 34 10.0 SECONDARY AND CUMULATIVE EFFECTS The Seven Falls Golf and River Club is located within the French Broad River Subbasin 04-03-02. Approximately 75 percent of this subbasin is forested and the total land mass includes approximately 806 square miles (516,000 acres). The Seven Falls Golf and River Club is comprised of approximately 1,400 acres (2.2 square miles). All of the land mass for the Seven Falls Golf and River Club accounts for less than 0.30 percent of the land mass of the basin. These percentages alone, limit significant cumulative effects on the watershed. Past activities within the subbasin and the Seven Falls Golf and River Club project boundary include logging, agricultural and residential development, and road building. Logging and agricultural activities have ceased at the Seven Falls Golf and River Club but remain active in other parts of the watershed. Agricultural and residential development, and road building in the vicinity remains active; continued and future development of the watershed is independent of activities proposed at the Seven Falls Golf and River Club. Impacts at the Seven Falls Golf and River Club include the installation of road crossings, construction of a golf course and river club, installation of utilities, and construction of all other associated infrastructure. Road impacts and wetland fills are necessary for the development of the site. Minimization activities have lessened impacts associated with road crossings and wetland fill and their effects cumulatively on the • watershed will be minimal. Golf course maintenance that has the potential to produce cumulative and secondary effect on the environment; however, through responsible construction and maintenance practices, effects to the watershed and the environment will be minimal. No activity at the Seven Falls Golf and River Club will result in a major impairment of the water resources on site or interfere with the productivity and water quality of the existing aquatic ecosystem. It is possible that some aspects of water quality will improve with the removal of dairy operations and the plastics corporation. The applicant is protecting approximately 15 miles of streams with 30 foot upland buffers on either side. • 35 • • • 11.0 SUMMARY The development of Seven Falls Golf and River Club is planned to be accomplished in phases that will take at least 10 years to complete, the applicant is proposing a 10 -year permit. By master planning the project, the applicant proposes all compensatory mitigation prior to or concurrent with development activities. The alternative to wetland/stream master planning is piece-mealing many different smaller projects on the same 1,400 -acre site where avoidance will be difficult and fragmentation is more likely to occur. 36 i lSoS V2 Fannie Ridge r D Park ei✓ �r �Yv.., yyi JG e 1:.-r` 8 \ -.� �� _� �� " �rs'D `U�ub e B ob 1 � �• \` l `_� •. }. Azn r le nal , \�-1',_,XY "-'j F Fletchei ,/\ f nwadl �Riase 61 H. 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A-" ST ' NATER BRANCH Vicinity Map Henderson County, 718 Oakland Street Figure 1 North Carolina Hendersonville, NC 28791 828-698-9800 k 4 - Ow --Vag M11 A Yl-. 181 � > tj jjw -7 /A V, C-1 I wr ---- A\ A" f-\% - M --Vpj 11�z k I I ri (V Source : National 6coqaphic Topo Norse Shoe Quad Ce 118041"5t Sever Falls Golf & P\1VOr Club 5Vf NO. ClearWattr Hr,),—,16Nc26991 Pkm: (828) 698-9800 U565 Topographic Map 2 Environmental Consultants, Inc. Fax: (828) 696-9005 VK (ZOW-ECTIV 446 Marten PcvcJoxvt Ga vartI L .0 Hc,Ocrs n N( -j Sod Map--Herderson County. North Caro+ina {Seven Fadts 13oIa�pd R{ver Club) N IM, 1r: 6 w T04 1 mq 21 -i -.i ��'. .i t lxk) 2ix9U 4.UUf1 , i�jj '. U1'N K%B&zW Resou"m Web Sox; Survey 2.: &Z'2007 CLEARWATER Seven Falls Golf and River Club Environmental Consultants, Inc. Soils Map Henderson County 718 Oakland Street Figure 3 North Carolina Hendersonville, NC 28791 MAPLEGEND Area of Werest tAQI) Vey Stony Spot Area d ntereV.. 4101} Soils Meaning scala and printing sats, ho•rwor, may vary' from tine -e VJU t.rYls Special Po aM Features 1`I ?3lawa�' ® Bartow Rr X Cisy 500'. 4 Cbted Deprosson x Gravel Rt .. Grandly spot ® Lan" A 'Lave Flow ,J, vdrHr rft %. ne or Quarry ® 4ssaelanious Waaer © Pererinwa Yater V Roar Outcrop + Saline Spry .. Sandy Soot 4J31995 Severdy Eroded Sper ¢ Sinkhold Qaerns Slide ar Stip p Sodic Spot t�� splayed on these maps. As a resui, some minor sh fting Spol Area SYeanm and CanaB SmnyspCd MAP INFORMATION tZ Vey Stony Spot Original soil survey map sheets were prepared at publical+on stale. Meaning scala and printing sats, ho•rwor, may vary' from tine Wel Spa original. Please rely on 1+'re oar scala on each map sheet for proper a Otter map measaremernts. Spetill Line Feiturat So tate of Map: Nalurai Resources Conserval.ion Service L G Web Sod Sway URL: hM. :.('websoitsuTwy.nres.usda.go'v Coordinate System UTMZone t7N Srorl Seep Slone This product is generated fromthe USDA-NRCS tended data as of =17 ft versao n dais (s) listed be Jaw. Political Features Soil Survey Area: Henderson County, North Carolina tAuniclpa lilies Sunray Area Data: Verson B,Jan19,2007 i Dates) aerial images were pholograpiied: 3'1911994; 3l25f1995: Lni.i Areas 4J31995 Wale, Featwed The onhophoto or other base map on wtatch the soil lines were Qaerns compiled and digleaed probaor differs from the background t�� splayed on these maps. As a resui, some minor sh fting . �. SYeanm and CanaB of mW and boundaries may be evident TraliparLtion t+F Rani Reads ow neervate Hovmys y., LS Rtw3es Sa9ee tighways .� -ocal Rands Otter Raids CLEARWATER Seven Falls Golf and River Club Environmental Consultants, Inc. Soils Map Henderson County 718 Oakland Street North Carolina Hendersonville, NC 28791 Figure 3b 828-698-9800 Map Unit Legend HorKlareorlCourity, North CurcAins QCWS) Map Unit Symbol Mw wAt xwn Acme inA01 Percent cyf ACH ME Ashe stony sandy loam, 15 to 7A, 0.5% 25 percent slopes AhF Ashe storry sandy loam, 25 to 191.6 12.8% 45 percent slopes AhG Ashe stony sandy loam, 45 to 1702 11A% 70 percent abloes BaB Bradrion gravelly loam, 2 ID 7 50.9 3.4% percent Slopes Bac Bradson gravelly loam, 7 flo 15 712 4.8 % percent Slopes BfC Brevard loam. 7 to 15 percent 5.8 0.4% slopes BrE Bretard loam, 15 to 25 percent 30.5 2.0% slopes Co Co do rus barn (Arkaq ua) 30.9 2.1% Cu Cornus (Colvard) flne sandy 5A GA% loam DeA Delanco (Dillard) barn, 0 lo 2 0.6 0.0% percent stapes DeB Delanco (Dillard) loam, 2 to 7 2.1 0.1% percent slopes EdE EdneyYffie (Edneytown) fine 218.0 14.6% sandy ba m, 15 to 25 percent slopes EdF Edneyvile tEclneytawn) fine 1882 12.6% sandy loam, 25 to 45 percent slopes EnB Elsmbofo loam, 0 to 3 percent 10.7 0.7% slopes EvC Evard fine sandy loam, 7 iD 15 30.9 2.1 % percent slopes EwE Evard soils, 15 to 25 percent 48.9 3.3% SiDper. EwF Evard soils, 25 to A5 percent 20.0 1.34X, slopes Ha Hatboro loam 8.3 0.69E HyC Hayesvitis bam, 7 to 15 percent 32.7 2.29E slopes HyE Hayesvifis loam, 15 to 25 64.8 4.39 percent slopes PoF Porters stony loam, 25 to 45 2.1 0.1% percent slopes Ro Rosman loam 443.0 3.3% Sul Suncook loaTrq sand (Bi morel 10.9 j 0.793, Seven Falls Golf and River Club Henderson County North Carolina CLEARWATER Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 828-698-9800 Soils Map Figure 3c l,%nd6nKmCourtly, t edh Carofta (NC099) V p Unit Symbol MW UMI: Nwn Acros la ACI PercwA of /ICI TeB Tata fine sandy barn, 2 to 7 percent sbpes 9.0 0.6% Tec Tate fire sandy loam, 7 to 15 percent sbpes 65.0 4.3'x, To Toxaeray sift barn 100.5 6.7% TSC Tusqudee loam, 7 to 15 pemerd slopes 28.0 1.9% TsE Tusqudee loam, 15 to 25 percent slopes 1 A 0.1% TuE Tusquhee stony loam, 15 ter 25 percent slopes 20.7 1 A A. TuF TusgiAee stony loam, 25 to 45 percent sbpes 11.1 0.7% W Water 9.1 0.6% Togs for Area of Interest (AOI) Seven Falls Golf and River Club Henderson County North Carolina CLEARWATER Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 828-698-9800 1,495.6 100.0% Soils Map Figure 3d w Ogg �a�111� ATA r p�(OWA7A1 ��Il//_,�iQi ® .,.%. � >a _--_�-oma .► ��- �� � ►� i /Ill�.a �n,� DdV���'�eii1���0 14 iPAN r �® , ,■ •,r�� /%/� ,•�► .l. ( ,! W-W-08 �,,�.� .� ,Ill ♦ � ,� �; .��r , _ 10 r rig 1 IS R-D ON 09 W&W �� ` ®� � may► LEGEND St- ■ . �, SEVENFALL o- f ;�►��,,r 1 , ' AMEN 1 3 Rim lite] 1 jr4ole.1 ..:.., .. w • R _ F WETLANDIMPACT WETLANDIMPACT PROPOSED (2799 SF) (0.06 AC) (2640SF) (0.06 AC) R _ E LATTORAL SHELF R -B 0.50 AC ire [WETLANDIMPACT (9,347 SF) (0.21 AC) 110,574 q. ft. p 3B�+�p6 sq. WETLAND DITCH IMPACT o D oO (6700 SF) (0.15 AC) Q � 0 0 o QED] 0 24 BRIDGE � O K{CK'I7! I O O STREAM IMPACT O 761 LF ilT1C'E A1RU'Al' C S EAM T I LF o • �Pr CHIPPIN ' • 9� INTI — SHf)I(F (:,{AIE: W a IES.tiON TEE li.{C I DG E Pt 'Fnc cReF YMTH S TEE PRAcr 'F.TF.F. O , y^�Q II•A \° U-1 O TEMPORARY UTILITY r _ A/� P�c �r IMPACT 30 LF V WETLAND IMPACT �Q (7,768 SF) (0.18 AC) TEMPORARY UTILITY ® ' I_2 IMPACT 30 LF v 718 OAKLAND ST IINCH= 400 FEET SEVEN FALLS GOLF & RIVER CLUB SHEET NO. Cl e a rw a to r HENDERSONVILLE NC 28791 ^ PHONE: (828) 698-9800 DRAWNBY — DETAIL SHEET4.2 • LJ Environmental Consultants, Inc. FAX: (828) 698-9003 DATE01-2007 CEC PROJECT Np.: 446 MOUNTAIN DEVELOPMENT COMPANY, LLC HENDER$DN COUNTY, NC lu PROPOSED TORM WATER (WET) MANAGEMENT POND [S.R #11911 0 To, Etowah. 718 OAKLAND $T I INCH = 400 FEET SEVEN FALLS GOLF & RIVER CLUB SHEET NO. Clearwater HENDERSONVILLE NC 28791 PHONE: (828) 698-9800 DRA-1BY: e DETAIL SHEET 4 Environmental Consultants, Inc. FAX: (828) 698-9003 DATE07-2007 CEC PROJECT NO.: 116 MOUNTAIN DEVELOPMENT COMPANY, LLC HENDERSON COUNTY, NC lu • 3 � �� a �e F� LwwefPwb. EVEN4FALL a.. Lmatim Map n.t s. C11 718 OAKLAND ST IINCH = 400 FEET SEVEN FALLS GOLF &RIVER CLUB SHEET NO. 7 e a rW a L{- e r HENDERSONVILLE NC 28791 PHONE: (828) 698-9800 oRA—Br 6L DETAIL SHEET Environmental Consultants, Inc. FAx: (828) 698-9003 DATE 07-2007 14.4 cec rRo�ecr r+o.- AAa MOUNTAIN DEVELOPMENT COMPANY, LLC HENDERSON COUNTY, NC I—] • G-3 STREAM IMPACT 279 LF 36 STREAM IMPACT 233 LF G -B WETLAND IMPACT (50,091 SF) (1.15 AC) G (OPEN WATER IMPACT l• (25,055 SF) (0.57 AC; O 4 O 718 OAKLAND ST I INCH = 400 FEET SEVEN FALLS GOLF & RIVER CLUB SHEET NO. e a rw a L{- e r HENDERSONVILLE NC 28791 _. PHONE: (828) 698-9800 OR - Environmental SHEET BY: w Environmental Consultants, Inc. FAX: (828) 698-9003 6dTE _ — a>•WzooT cEC PR.ECT NO.: dea MOUNTAIN DEVELOPMENT COMPANY, LLC HENDERSON COUNTY, NC l 0 00 STREAM IMPACT 358 LF -G-4 STREAM IMPACT 515 LF G-2 SEVEN FALLS PARKWAY ETREA IMPACTF 0 STREAM IMPACT 377 LF G- �. 34 STREAMIMPACT 50 LF n�hgY —7 v TREA CT / 38 LF 200 STREAM IMPAC O� o .,.° Q C) -3 TEMPORARY UTILI WET L ND IMPA T IMPACT 3 LF (2,74 SF) (0.06 C) TE ORARY UTILITY U-4 -MN Srne N3ADS PACT 60 LF i BRI E \ STR AM IMPAC 100 100 F STREAM IMPACT I 370 LF / \ BRIDG 3AI G ONVNVIWA / IO G -D WETLAND IMPACT STREAM IM ACT (11,180 SF) (0.26 AC 365 LF CP 718 OAKLAND ST IINCH 400 FEET SEVEN FALLS GOLF & RIVER CLUB SHEET NO - 1 e a rW a to r HENDERSONVILLE NC 28791 PHONE: (828) 698-9800 DRAWN 9Y' DETAIL SHEET Environmental Consultants, Inc. FAX: (828) 698-9003 DATE 07—ZOG7 14.6 CEC PROJECT ND.: GGh MOUNTAIN DEVELOPMENT COMPANY, LLC HENDERSON COUNTY, NC Project Location. 44endersa wd&, With Caolim o ST EAM IMP CT CRA N DRIVE I%O Lro Q REAM I PACT 100 LF \ � •.,J .�� M6T 8£ STREA PACT V"'N a I R 5 �n 0 BRIDGE \ ST IMPACTz I LF O I STREA - \ 380 J a� S IMPACT �J 80 3 r C l e a rw a to r 718 OAKLAND ST HENDERSONVILLE NC 28791 I INCH = 400 FEET SEVEN FALLS GOLF & RIVER CLUB SHEET NO. PHONE: (828) 698-9800 DETAIL SHEET 4.7 DRAWN BY: DATE 07-2007 Environmental Consultants, Inc. FAX: (828) 698-9003 CEC PROJECT NO4L6 MOUNTAIN DEVELOPMENT COMPANY, LLC HENDERSON COUNTY, NC STREAM IMPAC 60 LF S REAM IMP CT 7 LF S. �4` b B GE STREAM IMPACT 75 LF 2 ST AM IM RIDGE STREAM IMPACT 90 LF STREAM IMPAC TREAM IMP T 70 LIF 0 LF 20 STREAM MPACT 60 LF STREAM MPACT 110 LF 2 1 21 O STREAM IMPA T 120 LF STREAM IMPACT] 85 LF IMPACT] (26)1STREAM 75 LF Clearwater 718 OAKLAND ST HENDERSONVILLE NC 28791 I INCH 400 FEET SEVEN FALLS GOLF & RIVER CLUB SHEET NO. PHONE: (828) 698-9800 DETAIL SHEET 4.11 DATE: 07-2007 Environmental Consultants, Inc. FAX: (828) 698-9003 CEC PROJECT NO 116 MOUNTAIN DEVELOPMENT COMPANY, LLC HENDERSON COUNTY, NC WETLAND I P-AC7 (1,393 SF) C) R - BRIDGE F-6=2910.0' 3) S REAP 6 L STREAM W LF SS TRE�M IMPACT STREAM I�PACT 80 LF F 19 STREAM IMPACT 120 LF Date: 04 US Army Corps of Section 404 Per ea r�/�%ater Environmental Consultants, Inc. JIB OAKLAND $T HENDER$ONVILLE NC 28J9I PHONE: (828) 698-9800 FAX: (828) 698-9003 I INCH = 400 FEET SEVEN FALLS GOLF & RIVER CLUB DETAIL SHEET MOUNTAIN DEVELOPMENT COMPANY, LLC HENDERSON COUNTY, NC SHEET NO. 4.14 / 4 . 14 �, B, �s 0 -TE: 07-2W7 CEC PROJECT NO- cca im 1Je LLA A17, it La -ICE cid cd ed C3 W m CD uj W-1 Uk . I �VO P-4 A17, it A7 LL 0 0 oS VP, Preliminary Threatened and Endangered Species Assessment for the Seven Falls Golf and River Club Henderson County, North Carolina September 4, 2007 Prepared for: Seven Falls Golf and River Club Prepared by: C1earWater Environmental Consultants, Inc. 718 Oakland Street • Hendersonville, NC 28791 (828) 698-9800 • 1.0 INTRODUCTION The following report includes the results of the threatened and endangered (T&E) species survey and habitat assessment for the proposed 1,400 -acre Seven Falls Golf and River Club site. The T&E species survey was conducted to determine the occurrence of or the potential for occurrence of federally listed threatened or endangered species on the proposed project site. Completion of this survey was directed by and complies with three current state and federal regulations: the Federal Endangered Species Act of 1973 (16 USC 1531-1543), the North Carolina Endangered Species Act (N.C.G.S. Sect. 113 article 25), and the North Carolina Plant Protection and Conservation Act of 1979 (N.C.G.S. Sect. 19b 106: 202.12- 22). The project site is located south of US Highway 64 and is bordered by Pleasant Grove Road and Pleasant Grove Church Road in Henderson County, North Carolina (Figure 1 and 2). Elevations at the site range from approximately 2,080 feet to 2,850 feet above mean sea level (MSL). 2.0 METHODOLOGY A protected species survey was conducted in April and May of 2007 on the Seven Falls Golf and River Club project site by Clearwater Environmental Consultants, Inc. to determine the potential for occurrences of listed threatened and endangered species by current federal • regulations. • Recent database information for listed species was acquired from the US Fish & Wildlife Service (FWS) on February 28, 2007 and the NC Natural Heritage Database on March 6, 2007 concerning the presence or potential occurrence of threatened or endangered species in Henderson County, North Carolina (Appendix A). The FWS lists the following eight federally threatened and endangered species as occurring or potentially occurring in Henderson County. The species listed below were included in the surveys and site assessment. Table 1. Federally listed species for Henderson County, North Carolina Common Name Scientific Name Status Appalachian elktoe Alasmidonata raveneliana Endangered bog turtle Clemmys muhlenbergii T(S/A) oyster mussel Epioblasma capsaeformis Endangered swamp pink Helonias bullata Threatened small -whorled pogonia Isotria medeoloides Threatened bunched arrowhead Sagittaria fasciculata Endangered mountain sweet pitcher plant Sarracenia rubra ssp. jonesii Endangered white irisette Sisyrinchium dichotomum Endangered 2 • 3.0 NATURAL COMMUNITY TYPES During the site visits, two natural community types, as identified in the Classification of Natural Communities of ' North Carolina (Third Approximation) were identified on the property: Montane Alluvial Forest and Acidic Cove Forest. In addition to the natural community types listed above, the site also contain red oak -hickory forest, old fields, wetlands, streams, and open water. The following is a summary of each of the seven habitat types identified on site. A "Natural Communities Map" has been attached for review (Figure 3). A comprehensive list of species observed I included in Appendix B and representative photographs of habitats are attached in Appendix C. 3.1 Montane Alluvial Forest This forest type is situated in stream and river floodplains at moderate to high elevations. They are intermittently flooded and contain alluvial soils. This forest type is located adjacent to the French Broad River on the northern portion of the property. This forest type has an open to dense shrub layer and a sparse to dense herbaceous layer. The canopy is a mixture of bottomland and mesophytic tree species. Dominant tree species on site include green ash (Fraxinus pennsylvanica), sweetgum (Liquidambar styraciflua), sycamore (Platanus occidentalis), four wing silverbell (Halesia tetraptera), river birch (Betula nigra), basswood (Tilia americana), American hornbeam (Carpinus caroliniana), and red maple (Acer rubrum). Shrubs observed on site include spicebush (Lindera • benzoin), sweetshrub (Calycanthus floridus), tag alder (Alnus serrulata), elderberry (Sambucus canadensis), black willow (Salix nigra), yellow root (Xanthorhhiza simplicissima), giant rivercane (Arundinaria gigantea), and silky dogwood (Cornus amomum). Vines observed include Panax quinquefolia, poison ivy (Toxicodendron radicans), trumpet creeper (Campsis radicans), and Japanese honeysuckle (Lonicera japonica). Examples of herbaceous species in this forest type include jewelweed (Impatiens capensis), tear thumb (Polygonum sagittatum), and Halberd leafed violet (Viola hastata). 3.2 Acidic Cove Forest The Acidic Cove Forest community type is located in sheltered areas at low to moderate elevations. They are primarily narrow, rocky gorges, steep ravines, and low gentle ridges within coves. Soils are generally rocky and acidic. On site, this community type is scattered throughout the central and southern portions of the property. They are located adjacent to stream channels and within the stream channels' associated valleys. In general, these areas have a dense forest canopy with a limited number of mesophytic trees. Dominant tree species include white pine (Pinus strobus), Canadian hemlock (Tsuga canadensis), yellow birch (Betula lutea), black gum (Nyssa sylvatica), red oak (Quercus rubra), and white oak (Quercus alba). The shrub layer is well developed and often forms dense thickets. Shrub species characteristic of the Acidic Cove Forest located on site include great rosebay rhododendron (Rhododendron maximum), mountain laurel • (Kalmia latifolia), dog hobble (Leucothoe axillaries), American holly (Ilex opaca), and red maple (Acer rubrum). Less common shurb species observed 3 • include blueberry (Vaccinium pallidum), deerberry (Vaccinium stamineum), and sassafras (Sassafras albidum). The herbaceous layer is generally not well developed in these communities but some common species observed on site include Christmas fern (Polystichum acrostichoids), galax (Galax aphylla), and Indian cucumber root (Medeola virginiana). 3.3 Red Oak -Hickory Forest The Red Oak -Hickory Forest type is located on dry slopes and ridge tops. On site, this community type is scattered throughout the central and southern portions of the property and it is closely associated with the Acidic Cove Forest. Dominant tree species include Virginia pine (Pinus virginiana), white oak (Quercus alba), southern red oak (Quercus falcata), sweet pignut hickory (Cayra glabra var. odorata), mockernut hickory (Carya tomentosa), and shagbark hickory (Carya ovata). Other trees observed were sourwood (Oxydendron arboreum), black gum (Nyssa sylvatica), and yellow poplar (Liriodendron tulipfera). Conifers such as red cedar (Juniperus virginiana), white pine (Pinus strobus), Virginia pine (Pinus virginiana), and Canadian hemlock (Tsuga canadensis) were observed but rare in this habitat. Species observed in the midstory include sassafras (Sassafras albidum), flowering dogwood (Cornus florida), and American holly (Ilex opaca). Shrubs observed in this habitat include mountain laurel (Kalmia latifolia), great rosebay rhododendron (Rhododendron maximum), huckleberry (Gaylusaccia baccata), American hazelnut (Corylus • americana), maple leaf viburnum (Viburnum acerifolium), blueberry (Vaccinium pallidum) and deerberry (Vaccinium stamineum). Vines such as common greenbriar (Smilax rotundifolia) and saw tooth greenbriar (Smilax bona-nox) were observed, as well. The herbaceous layer is sparse and patchy. Common species observed in this layer include false Soloman's seal (Maianthemum racemosa), false yellow foxglove (Aureolaria flava), goldenrod (Solidago spp.), whorled coreopsis (Coreopsis major), spotted wintergreen (Chimaphila maculatum), woodland sedge (Carex rosea), and panic grasses (Panicum spp.). 3.4 Old Field This is an anthropogenic community that is a direct result of agricultural and dairy farming practices. On site, this community is located on the north and northwest side of the property. These areas are devoid of a canopy and lack substantial woody vegetation. Plant species identified in this area include pokeberry (Phytolacca americana), blackberry (Rubus spp.), lanceleaf plaintain (Plantago lanceolata), Queen Anne's lace (Daucus carota), dock (Rumex crispus), evening primrose (Oenothera biennis), horsenettle (Solanum americanum), buttercup (Ranunculus spp.), thin leaf mountain mint (Pycnanthemum tenuifolium), mountain mint (Pycnanthemum spp.), and butterfly weed (Asclepias tuberosa). Composites observed in the herbaceous layer include alternate leaf wing stem (Verbesina alternifolia), crownbeard (Verbesina occidentalis), ironweed (Vernonia noveboracensis), whorled coreopsis (Coreopsis major), beggars ticks • (Bidens cernua), fleabane (Erigeron philadelphicus), sunflower (Helianthus spp.), Indian plaintain (Cacalia muhlenbergii), round leaf eupatorium (Eupatorium M • rotundifolium), goldenrod (Solidago spp.), and aster (Aster spp.). Grasses observed include corn (Zea mays), foxtail millet (Setaria italica), barnyard grass (Echinochloa crusgalii), fescue (Festuca spp.), panic grass (Panicum spp.), and velvet grass (Holcus lanatus). 3.5 Wetlands Many wetlands are located on site. Each of these areas exhibits the presence of hydric soil and hydrophytic vegetation; and evidence of wetland hydrology and connectivity. The wetlands on this site are composed of emergent marshes and a mixture of stream head seeps. Dominant trees observed were Canadian hemlock (Tsuga canadensis), red maple (Acer rubrum), and black willow (Salix nigra). Shrub species observed included Chinese privet (Ligustrum sinense), elderberry (Sambucus canadensis), silky willow (Salix sericea), tag alder (Alnus serrulata), swamp haw (Viburnum nudum), pepper bush (Clethera acuminata), dog hobble (Leucothoe axillaries), and yellow root ((Xanthorhhiza simplicissima). Dominant species in the herbaceous layer include micostegium (Microstegium vimineum), downy lobelia (Lobelia pubera), jewelweed (Impatiens capensis), stinging nettle (Urtica dioca), ironweed (Vernonia novaeboracensis), and green coneflower (Rudbeckia lacinata). Grasses and sedges were common and included soft rush (Juncus effusus), marginal rush (Juncus marginatus), American bur reed (Sparganium americanum), shallow sedge (Carex lurida), fringed sedge (Carex crinita), fox tail sedge (Carex vulpinoidea), yellow flatsedge (Cyperus • flavescens), straw -color flatsedge (Cyperus strigosus), soft stem bulrush (Scirpus validus), and woolgrass bulrush (Scirpus cyperinus). Ferns observed include cinnamon fern (Osmunda cinnamomea), royal fern (Osmunda regalis) and netted chain fern (Woodwardia areolata). • 3.6 Perennial Streams Freshwater habitats include the streambeds and banks of Little Willow Creek and Folly Creek, their unnamed tributaries, and unnamed tributaries to the French Broad River. There are approximately 19.25 miles of stream channel within the property boundary. In general, these tributaries flow south to north and eventually into the French Broad River. Streams within the central and southern portion of the property are bordered by mature riparian forest. Stream channels within the northern portion of the property and flowing through the old fields lacking any significant riparian buffer. Stream channels were delineated from November 2006 through January 2007. Three subsequent meetings have been held; two on-site meetings were conducted in March and April and one in -office meeting was conducted in June. The jurisdictional delineation was field verified at the on-site meetings; however, no jurisdictional determination letter has been issued. 5 • 3.7 Open Water Five impoundments are existing on site. The largest impoundment is known as Gore Lake and is located near the western boundary of the property. This lake impounds an unnamed tributary to Little Willow Creek and is approximately 2.23 acres. Three smaller ponds exist in succession adjacent to Folly Creek. This system impounds 0.41 acres (collectively) of an unnamed tributary to Folly Creek. The fifth pond is located on the east side of the property and impounds 0.09 acres of an unnamed tributary to the French Broad River. There are 2.73 acres of open water on site. 4.0 SOILS The Seven Falls Golf and River Club project site is located within the Mountian physiographic region of North Carolina and more specifically the Broad Basin and Southern Crystalline Ridges and Mountains Ecoregions. Two soil associations are present on site; they are the Codorus-Toxaway-Rosman association and the Evard- Edneyville-Ashe association. The Corodus-Toxaway-Rosman association is classified as nearly level, well drained to very poorly drained soils that have a loamy and sandy subsoil and underlying layer. This association is found on floodplains. The Evard- Edneyville-Ashe association is classified as sloping to very steep, well drained and somewhat excessively drained soils that have a loamy subsoil. This soil association is found on mountain ridgetops and side slopes. Soil series present on site include: Ashe, • Bradson, Brevard, Codorus, Comus, Delanco, Edneyville, Elsinboro, Evard, Hatboro, Hayesville, Porters, Rosman, Suncook, Tate, Toxaway, and Tusquitee. A soils map and legend have been attached for review (Figure 4). • 5.0 LISTED SPECIES & ACKNOWLEDGED HABITATS The following is a brief description of each of the eight listed species included in the survey, their recognized habitat, and comments regarding survey results for that species: 5.1 Appalachian Elktoe Federally listed as endangered, this mussel has a thin but not fragile, kidney -shape shell, reaching about 3.2 inches in length, 1.4 inches in height, and 1.0 inch in width. Juveniles generally have a yellowish -brown periostracum while the periostracum of the adults is usually dark brown to greenish -black in color. Although rays are prominent on some shells, particularly in the posterior portion of the shell, many individuals have only obscure greenish rays. The shell nacre is shiny, often white to bluish -white, changing to a salmon, pinkish, R • or brownish color in the central and beak cavity portions of the shell; some specimens may be marked with irregular brownish blotches. Only two populations of the species are known to exist. The healthiest of these populations exists in the main stem of the Little Tennessee River between Emory Lake in Macon County and Fontana Reservoir in Swain County. The second population occurs in the Nolichucky River system. The Appalachian elktoe has been reported in relatively shallow, medium- sized creeks and rivers with cool, well -oxygenated, moderate- to fast - flowing water. It has been observed in gravelly substrates often mixed with cobble and boulders, in cracks in bedrock, and occasionally in relatively silt -free, coarse, sandy substrates (Department of the Interior 1994). Potential habitat exists on the property, however the unnamed tributaries on-site are not likely to support the Appalachian elktoe. 5.2 Bog Turtle The southern population of the r bog turtle, ranging from southern Virginia to northern Georgia, is protected with a threatened designation because its physical appearance is • similar to the northern population. The southern bog turtle population is separated ice: _ from the northern population zf by approximately 250 miles. However, individual bog turtles',; in the southern population .' ,,,,a ' • ''' ` 1r Vit• 4;., r closely resemble individuals in the northern bog turtle population, causing difficulty in enforcing prohibitions protecting the northern population. Therefore, the FWS is designating the southern population as "threatened (similarity of appearance)". This designation prohibits collecting individual turtles from this population and bans interstate and international commercial trade. It has no effect on land management activities of private landowners in southern states where the bog turtle lives. Bog turtles are easily distinguished from other turtles by the large, conspicuous bright orange, yellow, or red blotch found on each side of the head. Adult bog turtle shells are 3 to 4 1/2 inches in length and range in color from light brown to ebony. Habitat includes sunlit marshy meadows, spring seepages, wet cow pastures, and bogs. The preferred habitat is narrow, shallow, and slow-moving rivulets. Marginally suitable • habitat for this species was found on site but no evidence of the presence of the bog turtle was observed. 7 • • • 5.3 Oyster Mussel Federally listed as an endangered species, this mussel inhabits medium-size streams f` to large rivers on shoals and riffles in .r course sand/gravel/cobble substrate. It is not associated with small stream habitats and does not extend upstreamin tributaries. It prefers water depths of less than three feet and is sometimes found , associated with water -willow beds. The oyster mussel is a small species, approximately 0.50 — 0.70 cm, that exhibits pronounced sexual dimorphism. Shells are yellowish -green with numerous narrow green rays and the nacre is bluish -white to creamy in color. Male shells are elliptical in shape while female shells have a swollen posterior end, which is dark green in color. The species has two lateral teeth in the left valve and one lateral tooth in the right valve. Two small pseudocardinal teeth are present in each valve. Historically, the oyster mussel was one of the most widely distributed Cumberlandian mussel species; the main stem Cumberland and Tennessee Rivers, as well as many tributaries harbored this species. The species has been extirpated from much of its range and only a few populations still exist in Cumberland River tributaries. The small creeks on-site are not suitable habitat for this species. 5.4 Swamp Pink This perennial herb is federally listed as threatened. This species is distinguished by the basal rosette of light green, lance -shaped, and parallel -veined leaves with a hollow -stemmed flower stalk that can grow 8-35 inches during flowering and up to 5 feet during seed maturation. Flowering occurs March through May, and flowers are clustered (30-50) at the tip of the stem in a bottlebrush shape. Habitat for this species is found in wetlands that are saturated but not flooded. This habitat includes southern Appalachian bogs and swamps. Swamp pink can also be found in Atlantic white cedar swamps and swampy forests bordering small streams, boggy meadows, and spring seepage areas. This species is commonly associated with some evergreens, including white cedar, pitch pine, American larch, and black spruce. Potential habitat for swamp pink was not observed on site. Impacts to this species are not likely to occur as a result of this project. H., 5.5 Small Whorled Pogonia This plant, federally listed as an endangered species, occurs on upland sites in mixed -deciduous or mixed- deciduous/coniferous forest that are generally in second or third growth successional stages. Characteristics common to most sites include sparse to moderate ground cover in the species' microhabitat, a relatively open understory, and proximity to features that create long persisting breaks in the forest canopy. Soils at most sites are highly acidic and nutrient poor, with moderately high soil moisture values. Light availability could be a limiting factor for this species. The stem is smooth, hollow, pale green, and 3.7-9.8 inches tall with a single whorl of 5 to 6 light green elliptical leaves 3 inches long and 1.6 inches wide. A flower is borne at the top of the stem. Flowering occurs mid-May to June. Potential habitat exists on the property; however, the pedestrian survey conducted in April and May did not yield observations. It is the opinion of CEC that this project is not likely to affect this species. 5.6 Bunched Arrowhead • This perennial herb is federally endangered. Bunched arrowhead is an emergent aquatic plant with spatulate leaves up to 12 inches long and 3/4 inch wide, and white, 3 -petalled flowers in an erect spike. Habitat is within oxbows and seepage areas with very low water flow and no stagnation; soils are sandy loams overlain by 10-24 inches of muck; some shade is beneficial. Bunched arrowhead is currently found only in Henderson County, North Carolina. Potential habitat exists on the property; however, the pedestrian survey conducted in April and May did not yield any observations. It is the opinion of CEC that this project is not likely to affect this species. 5.7 Mountain Sweet Pitcher Plant This plant is a federally endangered perennial herb which grows from 21 to 73 inches tall. Its numerous and erect leaves grow in clusters and are hollow and trumpet -shaped, forming slender, • almost tubular pitchers with a heart - shaped hood. The pitchers are a waxy 9 • dull green with criss-crossing maroon -purple veins. The hair inside the pitchers' tube is usually bent downward, and the tubes are often partially filled with liquid and decayed insect parts. Flowers of the mountain sweet pitcher plant are usually maroon with recurving petals. The stalks are erect and bear one flower each. Habitat is restricted to bogs and streamsides along the Blue Ridge Divide. Mountain sweet pitcher plant populations are generally found in level depressions associated with floodplains. A few populations can be found along the sides of waterfalls and on granite rock faces. Herbs and shrubs usually dominate the bogs where these plants are located, but there may be a few scattered trees. The bog soils are deep, poorly -drained combinations of loam, sand, and silt, with a high organic matter and a medium to highly acidic composition. Potential habitat may exist on the property; however, the pedestrian survey conducted in April and May yielded no observation. It is the opinion of CEC that this project is not likely to affect this species. 5.8 White Irisette This perennial herb is federally endangered. White irisette's distinguishing characteristics include growth • in a dichotomously -branching pattern; basal leaves that are pale bluish -green; tiny white flowers with reflexed petals in a cluster of 4-6 at the ends of winged stems; and rounded fruit with 3-6 seeds. C This plant's habitat includes rich, basic soils probably weathered from amphibolite, in clearings and at the edges of upland woods where the canopy is thin and often where down slope runoff has removed much of the deep litter layer ordinarily present on these sites. Potential habitat for white irisette does not exist on the property. This species is only know to occur on the eastern border of the county in the Wildcat Spur, Cliffield Mountain, and White Oak Mountain vicinity. It is the opinion of CEC that this project is not likely to affect this species. 10 • 6.0 CONCLUSION • • During completion of threatened and endangered species assessments for the project site, marginally suitable habitats for small whorled pogonia, bunched arrowhead, mountain sweet pitcher plant, and bog turtle were observed. The pedestrian survey for these species did not identify any individuals, despite the presence of potential habitat. As such, the proposed project is not likely to cause an adverse impact to any federally listed threatened or endangered species. Although no federally listed threatened and endangered species were identified during these surveys, because of the transitory nature of some of the listed threatened and endangered species and the particular flower/fruiting periods of some plants, it is possible that endangered species populations and locations may change over time. Therefore, any potential findings at a later date should be fully investigated and coordinated with appropriate agencies to prevent potential adverse impacts. 11 • 7.0 References Radford, A.E., H.E. Ashles and C.R. Bell. 1964. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press. Chapel Hill, NC. 1183 PP. Schafale, M.P., and A.S. Weakley. 1990. Classification of the natural communities of North Carolina: third approximation. North Carolina Natural Heritage Program Division of Parks and Recreation. North Carolina Dept. of Environment, Health, and Natural Resources. 325 pp. United States Fish and Wildlife Service Division of Endangered Species. Species accounts at http://www.fws.gov/endangered/i/q/sag5b.html. c _ - Y,1/ �� JI„�../rte\\'. \�.���l�t�l n �. ., ���`� t• ci 1r rty" l �r lc f � � if J % ,._ n + 1 ) , Cl ti Y/( P� n'c 191'7 0 1 Mlle 4000 � • X Nc ,l a Feet t ce Kilomcmc Project area in Henderson County. CLEARWATM laven Falls Golf and River Club Environmental Consultants, Inc. USGS TOPO Map Henderson County 718 Oakland Street Figure 1 I North Carolina Hendersonville, NC 28791 828-698-9800 ) tROAD 1 {19!. Plea at 6ro r .- /F�ytcMr c- r+ r ,y 11.� _ - Imo-__ 111. _._.,��� � _ .. .. l�t•1`�� r ✓J ____ c _ - Y,1/ �� JI„�../rte\\'. \�.���l�t�l n �. ., ���`� t• ci 1r rty" l �r lc f � � if J % ,._ n + 1 ) , Cl ti Y/( P� n'c 191'7 0 1 Mlle 4000 � • X Nc ,l a Feet t ce Kilomcmc Project area in Henderson County. CLEARWATM laven Falls Golf and River Club Environmental Consultants, Inc. USGS TOPO Map Henderson County 718 Oakland Street Figure 1 I North Carolina Hendersonville, NC 28791 828-698-9800 191 q `,"' -. I/ •. '\ r ty`, r fTTTT .Iwst Nr a a g L G oYdueN ✓ :' +aercn tku^n3m —}- ..y_ -i _ !e'--l' Ho Pers Creek 1 \ l tw�V:y, J P �U unix rr 65cF Sh !a' z, '. l yl v` 1 FJ / f� K. Mddle Ridge ` 3 aae Mamt / y J 1 4 1 \ t1 _`•,�\i _.�, G— 1 " � gra r Mbanam.•.•, t ,. 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SOUS K83p 7|8Oakland StrutU Hendersonville, NC 28791 U FiQure 4d 82V4984X00 • Appendix A Agency Correspondence • • 11 1 0 0 NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor March 6, 2007 Mr. R. Clement Riddle C1earWater Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 Subject: Approximately 1,400 -acre Site — Horseshoe quad, Henderson County Dear Mr. Riddle: William G. Ross Jr., Secretary The Natural Heritage Program has no record of rare species, significant natural communities, or significant natural heritage areas at the site nor within 1/2 -mile of the project area. Although our maps do not show records of such natural heritage elements in the project area, it does not necessarily mean that they are not present. It may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys, particularly if the project area • contains suitable habitat for rare species, significant natural communities, or priority natural areas. You may wish to check the"Natural Heritage Program database website at www.ncnhp.org for a listing of rare plants and animals and significant natural communities in the county and on the quad map. NC OneMap now provides digital Natural Heritage data online for free. This service provides site specific information on GIS layers with Natural Heritage Program rare species occurrences and Significant Natural Heritage Areas. The NC OneMap website provides Element Occurrence (EO) ID numbers (instead of species name), and the data user is then encouraged to contact the Natural Heritage Program for detailed information. This service allows the user to quickly and efficiently get site specific NHP data without visiting the NHP workrootn or waiting for the Information Request to be answered by NHP staff. For more information about data formats and access, visit <www.nconemap:com/data.html>, or email NC OneMap at <dataq@ncmail.net>. Please do not hesitate to contact me at 919 -715 -8697 -if you have questions or need further information. Also, please note our current address (1601 MSC and 27699-1601)The 1615 address and zip code is for the Division of Parks and Recreation; we are no lonker within this division Sincerely, Harty E. LeGrand, Jr: Zoologist Natural Heritage Program 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 NOntt�lCar'011ria Phone: 919-733-4984 t FAX: 919-715-30601 Internet: www.enr.state.nc.us/ENRI An Equal Opportunity /Affirmative Action Employer - 50 %Recycled 110 %Post Consumer Paper ;Va&.P�11� 0 • 0 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 February 28, 2007 Mr. R. Clement Riddle, Principal C1earWater Environmental Consultants, Inc. 718 Oakland Street Hendersonville, North Carolina 28791 Dear Mr. Riddle: Subject: Assessment for 1,400 -Acre Site Located on Pleasant Grove Road, West of Hendersonville, Henderson County, North Carolina In your letter of February 5, 2007, you requested our comments on the subject project. We have reviewed the information you presented and are providing the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S-.C. 661-667e), and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description - Your letter does not include a description of the project or any potential impacts. Based on the information available through Henderson County's GIS web site and our knowledge of the project area, the site consists primarily of open and overgrown fields interspersed with forested areas. The site contains multiple streams, including Willow Creek, Folly Creek, and multiple unnamed tributaries to Willow and Folly Creeks. Also, according to the National Wetlands Inventory map,'the site contains several areas of wetlands. Endangered Species. You do not present evidence of any surveys of the project area for federally listed species known from Henderson County. Unless an area has been specifically surveyed for listed species or no appropriate habitat exists, a survey should be conducted to ensure that these resources are not inadvertently lost. Adjacent to the project area we have records of the following species: two federally endangered plants --mountain sweet pitcher plant (Sarracenia jonesii) and bunched arrowhead (Sagittaria fasciculata)--the bog turtle (Clemmys • muhlenbergii), which is currently listed as threatened due to similarity of appearance,' and several federal species of concern, including the French Broad heartleaf (Hexastylis rhombiformis), green salamander (Aneides aeneus), and French Broad crayfish (Cambarus reburrus). Enclosed is a list of federally endangered and threatened species and federal species of concern for Henderson County. In accordance with the Act, it is the responsibility of the appropriate federal agency or its designated representative to review its activities or programs and to identify any such activities or programs that may affect endangered or threatened species or their habitats. If it is determined that the proposed activity may adversely affect any species federally listed as endangered or threatened, formal consultation with this office must be initiated. Please note that federal species of concern are not legally protected under the Act and are not subject to any of its provisions, including section 7, unless they are formally proposed or listed as endangered or threatened. We are including these species in our response to give you advance notification and to request your assistance in protecting them. We also recommend that you contact Ms. Linda Pearsall, Director of the North Carolina Natural Heritage Program, for further information about North Carolina's rare species and/or unique and rare habitat types located in the subject project area. Her mailing address is Natural Heritage Program, North Carolina Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, North Carolina 27699-1601. Erosion Control and Wetland/Stream Protection. Based on the information you provided, the project area contains several streams (the project area should also be surveyed for wetlands). • Given the proximity of the project to these streams (and possibly wetlands), we are concerned about the potential direct, indirect, and cumulative impacts that this project may have on aquatic resources. It is important that you minimize or avoid impacts to the aquatic resources located on the property. The treatment of storm water leaving the project area is a concern. The expansion of urban/suburban areas creates more impervious surfaces (such as roofs, roads, and parking lots), which collect pathogens, metals, sediment, and chemical pollutants and quickly transmit them to receiving waters. According to the Environmental Protection Agency, this nonpoint-source pollution is one of the major threats to water quality in the United States and is linked to chronic and acute illnesses from exposure through drinking water and contact recreation. Best management practices can reduce, but not eliminate, pollutant loadings of common storm -water pollutants. Designs that collect runoff and allow it to infiltrate the soil have the highest documented pollutant -removal efficiency, eliminating nearly all lead, zinc, and solids I 'Section 4(e) of the [Endangered Species] Act authorizes the treatment of a species (subspecies or population segment) as endangered or threatened even though it is not otherwise listed as endangered or threatened if (a) The species so closely resembles in appearance an endangered or threatened species that enforcement personnel would have substantial difficulty in differentiating between the listed and unlisted species; (b) the effect of this substantial difficulty is an additional threat to an endangered or threatened species; and (c) such treatment of an unlisted species will substantially facilitate the enforcement and further the policy of the Act" (Federal Register, November 4, 1997). The southern population of the bog turtle is listed as T(S/A) (threatened due to similarity of appearance) because it is • similar to the northern population of the bog turtle, which is federally listed as threatened but does not occur in North Carolina. 2 • and more than 50 percent of total phosphorous. Ponds and wetlands, which allow contaminants to settle out of the water column or be broken down by sunlight and biological activity, can remove more than 70 percent of bacteria. The North Carolina Wildlife Resources Commission has developed a "Guidance Memorandum to Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources and Water Quality" that we support and encourage you to use. It can be accessed via the Internet as follows: http://www.newildlife.orglpg07 wildlifespeciescon1pg7c3_impacts.pdf. We offer the following recommendations to help address the direct, indirect, and cumulative impacts that may be associated with this project and to help minimize impacts to fish and wildlife resources:' 1. Use grassed swaies in place of curb and gutter and on-site storm -water management (i.e., bioretention areas) that will result in no net change in the hydrology of the watershed. All storm -water outlets should drain through a vegetated upland area prior to reaching any stream or wetland area. Sufficient retention designs should be implemented to allow for the slow discharge of storm water, attenuating the potential adverse effects of storm -water surges; thermal spikes; and sediment, nutrient, and chemical discharges. 2. Discourage the in -fill of 100 -year floodplains for development. The Henderson • County GIS web site indicates that the middle portion of the property along Willow Creek is within the 100 -year floodplain. Development in the floodplain increases the potential for flooding adjacent properties and interferes with the natural hydrological process of the waterways. It also disrupts the continuity of migration corridors for wildlife. Additionally, allowing fill in the floodplain will alter the volume of water the floodplain will hold, thus altering the extent of the floodplain. Any floodplain fill will necessitate recalculating and redrawing the 100 -year floodplain. This, undoubtedly, will: (a) lead to a floodplain that contains property and facilities that once were not in the floodplain, (b) cause flooding in new areas, and (c) have negative impacts on fish and wildlife resources. Instead, we recommend that developers set aside a portion of the land to be developed as green space and concentrate these areas along the streams and rivers. Due to the negative impacts associated with developed floodplains and due to the requirement (Executive Order 11988) that federal agencies consider and protect floodplain functions, we do not believe any portion of this project should be constructed in the 100 -year floodplain. 3. Preserve and/or restore forested riparian buffers. Given the close proximity of this project to aquatic resources and the increased amount of impervious surface that will occur as a result of the development, we are concerned about the loss and lack of riparian buffers. Forested riparian buffers, a minimum of 100 feet wide along perennial streams and 50 feet wide along intermittent streams, should be • created and/or maintained along all aquatic areas. Riparian buffers provide travel 3 • corridors and habitat for wildlife displaced by development. In addition, riparian buffers protect water quality by stabilizing stream banks, filtering storm -water runoff, and providing habitat for aquatic and fisheries resources. 4. Install and maintain stringent measures to control erosion and sediment in order to prevent unnecessary impacts to aquatic resources within and downstream of the project site. Disturbed areas should be reseeded with seed mixtures that are beneficial to wildlife. Fescue -based mixtures should be avoided. Native annual small grains appropriate for the season are preferred and recommended. Perimeter erosion -control devices should be installed prior to any on -the -ground activities. Frequent maintenance of these devices is critical to their proper function in order to minimize sediment discharge from the project site. 5. Use bridges for all permanent roadway crossings of streams and associated wetlands because they minimize impacts to aquatic resources, allow for the movement of aquatic organisms, and eliminate the need to fill and install culverts. All stream crossings should be made perpendicular to the stream. If culverts are the only option, we suggest using bottomless culverts. Bottomless culverts do not need to be buried, thereby minimizing the adverse impacts to streams. Any type of culvert that is used should be designed to allow for the passage of fish and other aquatic life. The culvert should be sized to accommodate the movement of debris and bed material within a channel during a bank -full event. We • recommend the use of multiple barrels (other than the base -flow barrel), placed on or near stream bank -full or floodplain bench elevation in order to accommodate floodwaters within the stream corridor. These should be reconnected to floodplain benches as appropriate. This may be accomplished by using sills on the upstream end to restrict or divert flow to the base -flow barrel(s). Sufficient water depth should be maintained in the base -flow barrel during low flows to accommodate fish movement. If the culvert is longer than 40 linear feet, alternating or notched baffles should be installed in a manner that mimics the existing stream pattern. This should enhance the passage of aquatic life by: (a) depositing sediment in the barrel, (b) maintaining channel depth and flow regimes, and (c) providing resting places for fish and other aquatic organisms. C7 6. Install utility lines (i.e., sewer, gas, water) outside the above -recommended buffer widths. All utility crossings should be kept to a minimum, and all utility infrastructure should be kept out of riparian buffer areas. The directional bore stream -crossing method (installation of utilities beneath the riverbed, avoiding impacts to the stream and buffer) should be used for utility crossings. Manholes or similar access structures should not be allowed within buffer areas. Stream crossings should be near perpendicular to stream flow and should be monitored at least every 3 months for maintenance needs during the first 24 months of the project and annually thereafter. Sewer lines associated with crossing areas should be maintained and operated at all times to prevent discharges to land or surface 4 • waters. In circumstances where minimum setbacks cannot be attained, sewer lines shall be constructed of ductile iron or a substance of equal durability. 7. Keep equipment out of streams by operating from the banks in a fashion that minimizes disturbance to woody vegetation. Equipment should be inspected daily and should be maintained to prevent the contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. All fuels, lubricants, and other toxic materials should be stored outside the riparian management area of the stream, in a location where the material can be contained. Equipment should be checked for leaks of hydraulic fluids, cooling system liquids, and fuel and should be cleaned before fording any stream. Also, all fueling operations should be accomplished outside the riparian management area. At this stage of project development and without more specifics about construction locations or techniques, it is difficult for us to assess potential environmental impacts (direct, indirect, and cumulative). We therefore recommend that any environmental document prepared for this project include the following (if applicable): 1. A complete analysis and comparison of the available alternatives (the build and no -build alternatives). 2. An assessment of any development that will impact the middle section of the • property along Willow Creek that lies within the 100 -year floodplain. Executive Order 11988 requires federal agencies (or there designated nonfederal representative) to consider and protect floodplain functions. We believe the recent examples of flooding in North Carolina highlight the importance of avoiding direct and indirect impacts associated with the occupancy and modification of floodplains. Any development that will impact the floodplain will need to be assessed. 3. A description of the fishery and wildlife resources within existing and required additional rights-of-way and any areas, such as borrow areas, that may be affected directly or indirectly by the proposed project. 4. The acreage and a description of the wetlands that will be filled as a result of the proposed project. Wetlands affected by the proposed project should be mapped in accordance with the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. We recommend contacting the U.S. Army Corps of Engineers (Corps) to determine the need for a Section 404 Clean Water Act permit. Avoiding and minimizing wetland impacts is a part of the Corps' permitting process, and we will consider other potential alternatives in the review of any permits. 5. The extent (linear feet as well as discharge) of any water courses that will be • impacted as a result of the proposed project. A description of any streams should • include the classification (Rosgen 1995, 1996) and a description of the biotic resources. 6. The acreage of upland habitat, by cover type, that will be eliminated because of the proposed project. 7. A description of all expected secondary and cumulative environmental impacts associated with this proposed work. The assessment should specify the extent and type of development proposed for the project area once the work is complete and how future growth will be maintained and supported with regard to sewer lines, water lines, parking areas, and any proposed roadways. 8. A discussion about the extent to which the project will result in the loss, degradation, or fragmentation of wildlife habitat from direct construction impacts and from secondary development impacts. 9. Mitigation measures that will be employed to avoid, eliminate, reduce, or compensate for habitat value losses (wetland, riverine, and upland) associated with any phase of the proposed project. We appreciate the opportunity to provide these comments. If we can be of assistance or if you have any questions, please do not hesitate to contact Mr. Bryan Tompkins of our staff at • 828/258-3939, Ext. 240. In any future correspondence concerning this project, please reference our Log Number 4-2-07-115. Enclosure • Sincerely, � � l Brian P. Cole Field Supervisor T O The U.S. Fish and Wildlife Service's (USFWS) County Species List for North Carolina Following is a list of counties in North Carolina within which federally listed and proposed endangered, threatened, and candidate species and federal species of concern are either known or are considered probable (but not yet documented). It has been compiled by the USFWS from a variety of sources, including field surveys, museums and herbaria, literature, and personal communications. This list contains information that is also found in the North Carolina Natural Heritage Program's (NCNHP) database of rare species information. However, the list is likely to include additional information that is not reflected in the NCNHP database. This list is intended to assist those conducting surveys in proposed project areas, but it is not intended to serve as a substitute for field surveys. The list is subject to change as new information is received. For the most current version, please consult the website for the USFWS North Carolina Ecological Services Division at http: //nc-esfws.gov/es/. Wer notes: Critical habitat is noted for the counties where it is designated or proposed. This notation is either accompanied by a description of the approximate areas affected by this designation, or a Federal Register citation where a more detailed description of the boundaries can be found. Sea turtles our in North Carolina's coastal waters and nest along its beaches. They are listed here in the counties where they are known to nest. The USFWS has jurisdiction over sea turtles in terrestrial systems; the National Marine Fisheries Service (NMFS) has authority over sea turtles in coastal waters. Manatees occur throughout North Carolina's coastal waters, and they are listed here in the counties where there are known concentrations of them. The USFWS has jurisdiction over manatees. COMMON NAME SCIENTIFIC NAME STATUS Henderson County Species Vertebrate Bog turtle Eastern small -footed bat Green salamander wHellbender ountain blotched chub Clemmys muhlenbergii T (S/A) Myotis leibii FSC Aneides aeneus FSC Cryptobranchus alleganiensis FSC Erimystax insignis eristigma FSC • Pygmy salamander Desmognathus wrighti FSC Southern Appalachian eastern woodrat Neotoma floridana haematoreia FSC Yellow -bellied sapsucker (Southern Sphyrapicus varius appalachiensis FSC Appalachian population) Invertebrate Appalachian elktoe Alasmidonta raveneliana E Diana fritillary (butterfly) Speyeria diana FSC French Broad crayfish ** Cambarus reburrus FSC Oyster mussel * * * * Epioblasma capsaeformis E Tennessee heelsplitter Lasmigona holstonia FSC Vascular Plant Blue Ridge Ragwort * Packera niillefolium FSC Bog asphodel * Narthecium americanum C Bunched arrowhead Sagittaria fasciculata E Butternut Juglans cinerea FSC Fort Mountain sedge Carex communis var. amplisquama FSC Fraser's loosestrife ** Lysimachia fraseri FSC French Broad heartleaf Hexastylis rhombiformis FSC • Gray's lily * Lilium grayi FSC Large -flowered barbara's-buttons * Marshallia grandiflora FSC Mountain catchfly Silene ovata FSC Mountain heartleaf Hexastylis contracta FSC Mountain sweet pitcherplant Sarracenia rubra ssp. jonesii E New Jersey rush Juncus caesariensis FSC Small whorled pogonia Isotria medeoloides T Swamp pink Helonias bullata T Sweet pinesap ** Monotropsis odorata FSC White fringless orchid * Platanthera integrilabia C White irisette Sisyrinchium dichotomum E KEY: Definitions of Species Status Codes: E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." C = candidate. A taxon under consideration for official listing for which there is sufficient information to • support listing. (Formerly "Cl" candidate species.) &SC = federal species of concern. A a species that may or may not be listed in the future (formerly C2 candidate species or species under consideration for listing for which there is insufficient information to support listing). T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is therefore listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. EXP = experimental population. A taxon whose is listed as experimental (either essential or nonessential). Experimental, nonessential endangered species (e.g., red wolf) are treated as threatened on public land, for consultation purposes, and as species proposed for listing on private land. P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT", respectively. Threatened due to similaritv of appearance (T(S/A)): In the November 4, 1997, Federal Register (55822-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. enotation of county records: % A percent symbol (%) indicates that the species is regarded as probable but as of yet undocumented in this county due to the presence of potentially suitable habitat and/or the proximity of confirmed observations of the species in adjacent counties. (S) Summer habitat (Indiana bat county records only) * Historic record - the species was last observed in the county more than 50 years ago. ** Obscure record - the date and/or location of observation is uncertain. *** Incidental/migrant record - the species was observed outside of its normal range or habitat. **** Historic and obscure record. ***** Obscure and incidental record. K • Acer negundo Acer pensylvanicum Acer rubrum Adiantum pedatum Aesculus flava Allium vineale Alnus serrulata, Ambrosia trifida Amelancheir arborea Antennaria plataginea Anthozanthum odoratum Apocynum cannabinum Aralia nudicaulis Aristolochia macrophylla Aronia arbutifolia Arundinaria gigantea Asclepias tuberosa Asplenium montanum Asplenium platyneuron Aster nova-angliae Athyrium felix femma Berberis thunbergii • Betula allegheniensis Betula nigra Bidens tripartata Bohmeria cylindricala Botrychium virginianum Calycanthus floridus Campsis radicans Cardamine pensylvanicum Carex lurida Carex rosea Carpinus caroliniana Carya glabra Carya lacinata Carya ovata Carya tomentosa Castanea dentatum Celastrus orbiculatus Chelone sp. Cicorum intybus Cimicifura racemosa Clematis virginiana Clethera acuminata • Collinsonia canadenis Coreopsis major var. rigida • Cornus alternifolia Cornus amomum Cornus florida Corylus americana Cratageus phaenopyrum Cyperus flavescens Cyperus strigosus Dennstaedtia punctilobula Dentaria diphylla Dryopteris intermedia Dryopteris marginalis Echinochloa crusgalii Eleagnus umbellata Eleusine indica Erigeron philadelphicus Euonymous alatus Euonymous americanus Eupatorium sp. Fagus grandifolia Festuca sp. Fraxinus pennsylvanicum Halesia caroliniana • Hamamelis virginiana Hedera helix Hepatica acutilobula Hexastylus arifolia var. arifolia Hexastylus heterophylla Hieracium venosum Holcus lanatus Houstonia purpurea Hydrangea arborescens Hypericum perforatum Hypericum punctatum Ilex opaca Ilex verticillata Impatiens capensis Juglans nigra Juncus effusus Juncus marginalis Juniperus virginiana Kalmia latifolia Laportea canadensis Lespedeza bicolor Lespedeza cuneata • Leucothoe recurva Ligustrum sinense • Lindera benzoin Liriodendron tulipfera Lobelia pubera Lonoicera japonica Luzula echinata Lycopodium digitatium Lycopodium lucidulum Lycopodium obscurum Lycopus sp. Lygodium palmatum Magnolia acuminata Magnolia fraseri Marchantia sp. Medeola virginiana Microstegium vimineum Mitchella repens Monarda clinopoda Monarda didyma Nyssa sylvatica Osmunda cinnamomea Osmunda claytonii Osmunda regalis • Ostyra virginiana Oxalis stricta Oxydendrum arboreum Oxyopolis rigidor Panicum sp. Peltandra aquatica Physocarpos opulifoius Phytolacca americana Pinus strobus Pinus virginiana Plantago lanceolata Plantago major Platanus occidentalis Poa pratensis Polygonatum bijlorum Polygonum sagittatum Polypodium virginianum Polystichum acrostichoides Prunus pensylvanica Pteridium aquilinium Pycnanthemum montanum Pycnanthemum sp. Pycnanthemum tenufolium Quercus alba • Quercus coccinea Quercus marilandica Quercus montana Quercus rubra Quercus velutina Ranunculus sp. Rhododendron maximum Rhus glabra Rhus typhina Rhyncosphora capitellata Robinia pseudoacacia Rosa multiflora Rosa palustris Rubus occidentalis Rubus phoenicolasius Rubus sp. Rudbeckia hirta Rudbeckia lacinata Rumex crispus Salix nigra Salix sericea Salvia lyrata • Sambucus canadensis Sassafras albidum Saxifrage micranthidifolia Scirpus cyperinus Scirpus validus Selaginella apoda Setaria italica Smilacina racemosa Smilax bona-nox Smilax glauca Smilax laurifolia Smilax rotundifolia Solanum americanum Solidago spp. Sparganium americanum Spiraea tomentosa Taraxacum officinale Tilia americana Tipularia discolor Toxicodendron radicans Trillium sp. Triodanis perfoliata • Tsuga canadensis Typha latifolia • Typhus latifolia Vaccinium arboreum Vaccinium pallidum Vaccinium stamineum Verbesina alternifolia Viburnum acerifolium Viburnum nudum Viola blanda Viola sp. Vitis sp. Woodwardia virginica Xanthhorhiza simphissima Zea mays • • • Appendix C (Photographs) • • ]] Y k a hTi 1 J. i 3i. iY p w ,r C • Photo 1. Upland acidic cove community. • Photo 2. Red oak hickory community. U • • Photo 3. Typical emergent marsh wetland in montane alluvial habitat. Photo 4. Typical emergent wetland in montane alluvial habitat. Ailiok I.k • 0 Photo 9. Typical old field upland habitat showing various stages of succession. • Photo 10. Typical old field habitat showing third year succession. of - iSOS V2 North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator Michael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary April 2, 2007 Mr. Paul Webb Principal Archaeologist TRC 50101 Governor's Drive, Suite 250 Chapel Hill, NC 27517 Office of Archives and History Division of Historical Resources David Brook, Director Re: Residential and Golf Course Development, South of French Broad River, Henderson County, ER 07-0660 Dear Mr. Webb: Thank you for your letter of March 15, 2007 concerning the above project. • There are no known recorded archaeological sites within the project boundaries. However, the project area has never been systematically surveyed to determine the location or significance of archaeological resources. There is one previously recorded archaeological site within one mile of the project area. Several significant archeological sites have been identified in the floodplains and terraces above the French Broad River in this region. Based on the topographic and hydrological situation, there is a high probability for the presence of prehistoric or historic archaeological sites in the project area. We recommend that a comprehensive survey be conducted by an experienced archaeologist to identify and evaluate the significance of archaeological remains that may be damaged or destroyed by the proposed project. Potential effects on unknown resources must be assessed prior to the initiation of construction activities. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have any questions concerning the above comment, contact Renee Gledhill -Earley, Environmental Review Coordinator, at 919/733-4763. Sincerely, Sandbeck -- -- _ • ADMINISTRATION rv,anmg Aoaress Telephone/Fax 507 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 276994617 (919)7334763/733-8653 RESTORATION 515 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919)733-6547/715-4801 SURVEY & PLANNING 515 N. Blount Street, Raleigh, NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919)733-6545/715-4801 bc: Claggett/Hall • County • C 50101 Governor's Drive Suite 250 Chapel Hill, NC 27517 919.530.8446 PHmE 919.530.8525 FAX www. TRCSO lutions.com March 15, 2007 Ms. Renee Gledhill -Earley North Carolina State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 RE: Proposed Residential and Golf Course Development, Henderson County, North Carolina. Dear Ms. Gledhill -Earley: Enclosed please find a map of a proposed 1400 -acre residential and golf course development in southwestern Henderson County, North Carolina. This property is located on the Horse Shoe quadrangle • map, just south of the French Broad River and east of the Transylvania County line. On behalf of the project developers, we would appreciate any information that your office could provide regarding known archaeological sites or other cultural resource issues related to this property. Sincerely, Gu_ c, Paul Webb Principal Archaeologist, Chapel Hill 0 r1 U • • r ivjct.;t arca u1 nenuerson lAunry. ♦�Q�MM`rt'O,s North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator Michael F. Easley, Governor Office of Archives and History Lisbeth C. Evans, Secretary Division of Historical Resources Jeffrey J. Crow, Deputy Secretary David Brook, Director April 17, 2007 Paul Webb TRC 50101 Governor's Drive, Suite 250 Chapel Hill, NC 27517 Re: Residential and Golf Course Development, South of French Broad River, Henderson County, ER 07=0660 Dear Mr. Webb: Thank you for your letter of March 15, 2007, concerning the above project. We have conducted a search of our maps and files and have determined the proposed undertaking is located • adjacent to the following National Register -listed property: 0 HW 72 (NR) Bryn Avon, Both sides SR 1191 .5 mi. E of jct. w/ SR 1205, Etowan Vicinity The proposed undertaking has the potential of resulting in a finding of adverse effect on the above-Inenti.oned historic resource. The proposed activity is thus subject to consultation under Section 106 of the National Historic Preservation Act and the regulations of the Advisory Council on Historic Preservation. To complete our review, we will need to see a complete project description which includes construction and landscaping plans that clearly outline how the proposed residential and golf course development may impact the Bryn Avon site, which was placed in the National Register of .Historic Places, both for the sites significant architecture, estate grounds and its mountainous landscape. We will complete our review upon receipt of this information. There are no known recorded archaeological sites within the project boundaries. lIowever, the project area has never been systematically surveyed to determine the location or significance of archaeological resources. There is one previously recorded archaeological site within one mile of the project area. Several significant archeological sites have been identified in the floodplains and terraces above the French Broad River in this region. Based on the topographic and hydrological situation, there is a high probability for the presence of prehistoric or historic archaeological sites in the project area. We recommend that a comprehensive survey be conducted by an experienced archaeologist to identify and evaluate the significance of archaeological remains that may be damaged or destroyed by the proposed project. Potential effects on unknown resources must be assessed prior to the initiation of constriction activities. Amk Location Mailing Address Telephone/Fax MINISTRATION 507 N. Blount Street, Raleigh NC 4617 Mail Sereicc Center, Raleigh NC 27699-4617 (919)73313763/733-8653 RESTORATION 515 N. Blount Street, Raleigh NC 4617 Mail Ser%,ice Center, Raleigh NC 27699-4617 (919)733-6547/715-4801 SURVEY & PLANNING 515 N. Blount Street, Raleigh, NC 4617 Mail Se -ice Center, Raleigh NC 27699-4617 (919)733-6545/715-4801 The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory • Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919/733-4763 ext. 246. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, eter Sandbeck r1 U 0 of) -ISC)Sv2 • Conceptual Plan for Stream Restoration at the Future Laurel Park Nature Park The future Laurel Park Nature Park is located in the town of Laurel Park in Henderson County, NC. The proposed project reach is on an unnamed tributary to Wash Creek that flows northeast through the site of the future park. This project area lies within Hydrologic Unit 06010105030020, and the French Broad River sub -basin 04-03-02. The site is currently used as open space with an adjacent pond. The project reach is highly degraded due to a past stream relocation and levee construction. The property is owned by the Lake Park Association, who has agreed to allow mitigation for off- site stream impacts in Etowah, NC. Based on the acceptance of this conceptual plan for mitigation, the proposed restoration plan should yield approximately 1,370 stream mitigation units. This project extends from the outlet of a culvert under Lake Drive downstream to the northeast boundary of the parcel. The reach is degraded over much of the project length. Most of the stream footage has been confined in a narrow corridor between Lake Drive and a levee. The downstream end of the project reach is extremely steep and incised as it flows down the face of a former dam. High, actively eroding banks are common along the reach. The conceptual plan is to implement restoration level improvements along this reach. The primary goal of this restoration effort will be to connect the stream to its floodplain while restoring stable dimension, pattern, and profile. Currently, flood flows are confined within the high banks. The disconnection between the stream and its floodplain, as well as a lack of quality riparian vegetation, has led to severe bank and bed erosion. The majority of the reach will be restored to a meandering riffle -pool channel while the downstream 165 linear feet will be restored • to a step -pool channel. In the upstream section of the proposed restoration, the stream will be relocated to the adjacent open area and the levee will be removed. The new stream channel will be constructed with a stable profile and dimension and a meandering pattern natural to the valley. In -stream structures, bioengineering, and vegetation will be used to protect the newly constructed channel. The downstream 165 linear feet will be restored in its current location by installing in -stream boulder structures to create a stable step -pool morphology. Banks will be graded to a slope that can support deep-rooted woody riparian vegetation. A riparian buffer of herbaceous and woody vegetation, native to the area, will be installed to provide wildlife habitat and stability to the restored stream. Large woody debris beneficial to channel stability and habitat will be incorporated into the restoration plan, using trees removed for construction access, bank grading, and levee removal. July 24, 2007 Seven Falls Mitigation Proposal . Laurel Park Nature Park Site Cross-section 1 Riffle Feature Stream Type, BKF Area BKF Width I BKF Depth I Max BKF Depth W/D [;H Ratio ER BKF Elev TOB Elev Riffle G4 1 5.1 16.14 0.82 1.2 1 7.46 1 3 1 27 1 96.43 98.77 • Cross-section 1 104 _ _._ 103 ------ -- - ---- - 102 101 0 100 m 99 LU 98 97 .......... 96 - —----- 95 100 110 120 130 140 150 Station - - o - • Bankfuil - - o - • Floodprone • Seven Falls Mitigation Proposal July 26, 2007 Baker Engineering NY, Inc. Laurel Park Nature Park Site Cross-section 2 Pool Stream Feature Type .BKF Area BKF Width BKF Depth Max.BKF D BH Ratio ER BKF Elev DepthE8.08 TOB Elev Pool G4 9.3 8.69 1.08 2.07 2-5 1.6 96.11 1 99.13 Cross-section 2 104--- 103 102 c 101 0 100 > 99 w98 ----------------------- 97 96 95 94 100 110 120 130 140 150 Station - - o - - Bankfull o - Floodprone • Seven Falls Mitigation Proposal July 26, 2007 Baker Engineering NY, Inc. Laurel Park Nature Park Site Cross-section 3 Riffle Stream Feature I Type BKF Area BKFJ BKF 1, Width Depth Max BKF Depth W/D BH Ratio ER BKF Elev TOB Elev Riffle I G4 1 7 1 7.9 0.89 1.15 1 8.87 7.2 1 1.3 93.61 1 110.72 Cross-section 3 103 102 -- — - -- ---- 101 100 0 99 98 97 w 96 95 94 93 92 100 110 120 130 140 150 Station o Bankfull o - - Floodprone • Seven Falls Mitigation Proposal July 26, 2007 Baker Engineering NY, Inc. • Conceptual Plan for Stream Restoration at Hollabrook Farms Subdivision The Hollabrook Farms subdivision is located in northern Henderson County, approximately 6 miles south of the city of Skyland, NC. The proposed project reach is on an unnamed tributary to French Broad River that flows southwest through this subdivision. This project area lies within Hydrologic Unit 06010105050010, and the French Broad River sub -basin 04-03-02. The subdivision is currently under construction. Historically, the site was used for pasture and row crops. Past channelization and degradation from cattle access has led to degradation of the proposed project reach. The owner of the Hollabrook Farms subdivision has agreed to allow mitigation for off-site stream impacts in Etowah, NC. Based on the acceptance of this conceptual plan for mitigation, the proposed restoration and enhancement plan should yield approximately 2,550 stream mitigation units. The project reach extends from a stormwater outfall downstream to the Jeffress Road crossing. The reach is degraded over the entire project length. The upstream section of the reach can be best characterized as a small stream in a wooded area exhibiting the detrimental effects of unrestricted cattle access. Unstable channel dimension and profile have led to bank erosion and active head -cutting. The downstream end of the project reach, which begins at the confluence with the outfall from a lake on the property, flows through former pasture. This section of the reach exhibits some eroding banks and is severely "choked" by non- native grasses resulting in a lack of bed form. The conceptual plan is to implement restoration and enhancement level improvements along this reach. The primary goal of the enhancement effort on the 2,358 linear foot upstream section of the reach will be to improve bed and bank stability and enhance habitat, yielding approximately 1,572 stream mitigation units. Currently, the stream exhibits impacts from recent cattle access including active head cutting, • severe incision, actively eroding banks, and over -wide sections incapable of transporting the sediment load. Average stream slope is slightly greater than two percent. Vertical eroding stream banks within this section of the reach will be graded to a stable slope that will support deep-rooted woody vegetation. In - stream boulder and log structures will be installed to provide grade control and to redirect current away from eroding banks. Bank grading will include channel dimension adjustment to address sediment transport problems. The primary goal of the restoration effort on the downstream section of the reach will be to restore channel dimension, pattern, and profile yielding approximately 980 stream mitigation units. This section of the reach will be restored to a stable C5 stream type with riffle -pool morphology, stable channel dimension, and a moderately sinuous pattern. Floodplain grading will provide the stream better floodplain access to alleviate bank stress during periods of high flow. In -stream structures, bioengineering, and vegetation will be used to protect the newly constructed channel. A riparian buffer of herbaceous and woody vegetation, native to the area, will be installed to provide wildlife habitat and stability to the restored stream. Large woody debris beneficial to channel stability and habitat will be incorporated into the restoration plan, using trees removed for construction access and bank grading. July 24, 2007 Seven Falls Mitigation Proposal • 0 Hollabrook Farms Site Cross-section 3 Pool tream Feature Type ` BKF BKF Area Width BKF Max BKF Depth Depth W/D BH Ratio ER BKF Elev TOB Elev 00 .2 98 4. Cross-section 3 101 100 --- 99- .2 98 97 CD w96 ---------------------- 95 94 93 1-- 100 110 120 130 140 150 160 170 180 190 200 210 Station o - - Bankfull - - o - - Floodprone Seven Falls Mitigation Proposal July 26, 2007 Baker Engineering NY, Inc. • • • Hollabrook Farms Site Cross-section 2 Riffle treamMax Feature Type BKF Area Width Depth Depth' W/D BH Ratio ER BKF Elev TO�Ele Riffle 100 Cross-section 2 99 98 c 97 96 95 _m w 94 93 j� 92 91 100 110 120 130 140 150 160 170 180 190 200 210 Station o - Bankfull o - - Floodprone Seven Falls Mitigation Proposal July 26, 2007 Baker Engineering NY, Inc. • • • Hollabrook Farms Site Cross-section 1 Riffle trearn BKF BKF Max Feature Type BKF Area Width Depth Depth W/D BH Ratio ER BKF Elev 'TOB Elev. Riffle Cross-section 1 102 101 100 c 0 99 .m m 98 LU--------- --•---- ---------------------------- 97 96 ------------ 95 100 110 120 130 140 150 160 Station 0 - • Bankfull - o - - Floodprone Seven Falls Mitigation Proposal July 26, 2007 Baker Engineering NY, Inc. r, 111§1-- 1 go stem la ement PROGRAM September 4, 2007 Keith Vinson Mountain Development Company, LLC 130 South Main St. Hendersonville, NC 28792 Project: Seven Falls Golf and River Club 09-15 OS V'2 County: Henderson This letters replaces a previous one dated August 2, 2007. The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the followine table. French Broad 06010105 Stream (feet) Wetlands (acres) Buffer I Buffer II (Sq. Ft.) (Sq. Ft.) Cold Cool WarmT62 Non-Ri arian Coastal Marsh Impacts 0 3,746 0 0 0 0 0 Credits 0 7,492 0 3.24 0 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921. Since ly, ���& . ��:" /� ___ � William . Gilmore, PE ���}}} Director cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit Liz Hair, USAGE -Asheville Kevin Barnett, NCDWQ- Asheville Clement Riddle, agent File •RP�tDYl,GC9... 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