20071505 Ver 2_Public Notice_20071119

ID -1-\505v2
M PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: November 15, 2007
Comment Deadline: December 14, 2007
Corps Action ID #: 2007-3367
The Wilmington District, Corps of Engineers (Corps) has received an application from Mountain
Development Company, LLC represented by Mr. Keith Vinson, seeking Department of the
Army authorization to impact waters of the United States in order to facilitate the development
of a residential development golf community on a 1,400 -acre property located south of the town
of Etowah, in Henderson County, North Carolina. Under this proposal, the applicant would
impact 2.17 acres of jurisdictional wetlands, 7,888 linear feet of streams, and 0.57 acres of open
waters in the 1,400 -acre project area.
Specific plans and location information are described below and shown on the attached plans.
This Public Notice and all attached plans are also available on the Wilmington District Web Site
at www.saw.usace.army.mil/wetlands
Applicant: Mountain Development Company, LLC
Attention: Mr. Keith Vinson
130 South Main Street
Hendersonville, North Carolina 28792
Agent: Clearwater Environmental Consultants, Inc
Attention: Mr. R. Clement Riddle
718 Oakland Street NOV 1 9 2007
Hendersonville, North Carolina 28792
DENR -WATER QUALITY
Authority VVERANDS AND sTORmwATER BRANCH
The Corps will evaluate this application and decide whether to issue, conditionally issue, or deny
the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act (33
U.S.C. 1344).
Location
The subject property is located on Pleasant Grove Road, south of the town of Etowah, in
Henderson County, North Carolina. The site is bordered 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,
Dolly Road, and the headwaters of Folly Creek, and to the west by Shuford Mountain.

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 on the northern portion of the property within the
French Broad River floodplain to 3,220 feet above mean sea level on the southern portion of the
property south of Folly Road and at a summit of Jeter Mountain. The natural communities
identified onsite are montane alluvial forest and acidic cove forest as described by the
Classification of Natural Communities of North Carolina (third approximation). In addition to
the aforementioned communities, the site also contains red oak -hickory forest, old agricultural
fields, wetlands, streams, and open water. The wetlands onsite total 5.28 acres and are composed
of emergent marshes and stream head water seeps. The fresh water perennial streams onsite total
19.25 miles and include Little Willow Creek (Water Classification C), Folly Creek (Water
Classification C), their unnamed tributaries and unnamed tributaries to the French Broad River
(06010105).
The French Broad River flows into Douglas Lakes and becomes the Tennessee River after its
union with the Holston River in Tennessee.
Within the property boundary, there are five impoundments which total 2.73 acres. The largest of
the five ponds impounds an unnamed tributary to Little Willow Creek and is known as Gore
Lake (approximately 2.23 acres) which is located near the western property boundary. Three
smaller ponds are adjacent to Folly Creek and collectively impound 0.41 acres 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.
Applicant's Stated Purpose
To develop a residential, golf course community.
Project Description
The applicant proposes to impact 2.17 acres of jurisdictional wetlands 7,888 linear feet of
streams, and 0.57 acres of open waters in the 1,400 -acre project area in order to facilitate the
construction of a residential golf community. This residential development would include the
development of single family estate homes, cottages, and multi -family units, a 9 -hole practice
facility, a driving range, putting and chipping greens, an 18 -hole golf course, a river club, town
village, and swim and tennis facilities.
Overall, the proposed impacts are as follows:
Road impacts Wetland Stream
0.52 acres 4,809 linear feet
Utility impacts
Stream
150 linear feet
2

urse impacts Wetland
Stream
Oen Water
I!T1.65 acres
3,079
0.57 acres
As mitigation, the applicant proposes to use natural channel design methods to restore and
enhance two tributaries off site. The first tributary is an unnamed tributary to the French Broad
River and is located in the Hollabrook Farms subdivision. As proposed by the applicant,
approximately 3,275 linear feet would be restored and or enhanced. Approximately 2,358 linear
feet of channel are to be enhanced and 980 linear feet are to be restored for a total of 2,550 linear
feet mitigation credit. The second tributary is an unnamed tributary to Wash Creek and is located
in the future Laurel Park Nature Park. The applicant proposes to restore approximately 1,120
linear feet of stream channel which will result in 1,370 linear feet of newly restored stream
channel for a total 1,370 linear feet of mitigation credit.
Stream Mitigation Table
Streams
Linear Feet of
Mitigation
Type
Mitigation
Ratio
Total Credit
Hollabrook
2,358
Enhancement
1.5:1
1,572
Hollabrook
980
Restoration
1:1
980
Laurel Park
1,370
Restoration
1:1
980
EEP
3,966
1 Restoration 1
1:1
3,966
Total
8,674
1 1
7,888
The applicant proposes to mitigate for wetland losses by constructing littoral shelves on three
storm water ponds on the northern portion of the project site for a total of 0.50 acres of wetlands.
Additionally, to mitigate for 1.75 acres of wetlands, the applicant proposes payment into the
Ecosystem Enhancement Program (EEP) in -lieu fee program.
Wetland Mitigation Table
Wetlands Mitigation (acres)
Type
EEP 1.75
In -lieu fee
Storm water Littoral 0.50
Shelf
On-site construction
A Nationwide Permit (NWP) (file number 2007-3543-345) was issued on November 2, 2007
which authorized 3,800 linear feet of stream impact for bank stabilization on Little Willow
Creek, a tributary to the French Broad River, in Henderson County, North Carolina.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate State
agencies for review. The Corps will generally not make a final permit decision until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and
3

this public notice combined with appropriate application fee at the North Carolina Division of
Water Quality central office in Raleigh will constitute initial receipt of an application for a 401
Water Quality Certification. A waiver will be deemed to occur if the NCDWQ fails to act on
this request for certification within sixty days of the date of the receipt of this notice in the
NCDWQ Central Office. Additional information regarding the Clean Water Act certification
may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321
Crabtree Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make
comments regarding the application for certification under Section 401 of the Clean Water Act
should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ),
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
December 14, 2007.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination
is that the proposed project will not adversely impact EFH or associated fisheries managed by
the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic Places
and is not aware that any registered properties, or properties listed as being eligible for inclusion
therein are located within the project area or will be affected by the proposed work. Presently,
unknown archeological, scientific, prehistoric, or historical data may be located within the
project area and/or could be affected by the proposed work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the applicant and
consulted the latest North Carolina Natural Heritage Database. Based on available information,
the Corps is not aware of the presence of species listed as threatened or endangered or their
critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA)
within the project area. A final determination on the effects of the proposed project will be made
upon additional review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National Marine Fisheries
Service.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The
benefit which reasonably may be expected to accrue from the proposal must be balanced against
its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be
M

considered including the cumulative effects thereof; among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife
values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of the
impact of the activity on the public interest will include application of the Environmental
Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidate State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the Corps of Engineers to
determine whether to issue, modify, condition or deny a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species, historic properties, water
quality, general environmental effects and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider the application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing. Requests for a public hearing shall be
granted, unless the District Engineer determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received by the
Corps of Engineers, Wilmington District, until 5pm, December 14, 2007. Comments should be
submitted to Ms. Liz Hair, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208,
Asheville, North Carolina, 28801-5006.
5

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Hendersonville, NC 28791
828-698-9800

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A
o-1- 1509 V
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
'ta sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or
i other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service
. irectorate 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 permit. 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)
1. 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 [phone]
b. Business [phone]
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 Teter 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 frorn Asheville, take 1-26 West to Exit 49B (US Highway 64). Continue on US Highway 64 to Blantyre and tum left onto Blantyre Road. Tum left
onto Pleasant Grove Road. The site will be to the north and south of Pleasant Grove Road in the 700 block.
[ @11OWN =' 7 2G07
NOV 1 9 2001
DENR - WATER QUALITY
WE RMDS MIO ST017 WATER 9RANCH

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 DENIED
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 I 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
SIG URE OF PLICANT 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.

Individual Permit Application for
U.S. Army Corps of Engineers
Section 404 Permit
North Carolina 401 Water Quality Certification
k M @ P= ow P= pol
N -3V 1 v 2007
UENR - WATER QUALITY
OVERANDS AND STORMWATER RANCH
SEVEN FALLS
er'feC f awZ "Zcrot L�CwS
September 2007
Applicant:
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

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

1.
2.
3.
4.
5.
Vicinity Map
Wetland JD Map
Soils Map
Master Site Plan
Floodplain Map
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
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

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:
(fin -Rite 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.

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, ClearWater 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

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,
steep 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.).
F7

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 (Yerbesina alternifolia), crownbeard (Yerbesina 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).
0

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).

3.3 Fish and Wildfife 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 C1earWater 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

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.
E

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.
ITE

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

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
I 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.
l/e /
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 Regist 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. 1 0(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.
In

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
and
Feature
Amount
Unit
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

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
R

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
21

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
Stream
Linear Feet
of
Mitigation
Type
Mitigation
Activity
Ratio (x:1)
Total
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 Physical and Chemical Characteristics of the Aquatic
Ecosystem
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
course, 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.
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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.
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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
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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
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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
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.
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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 Il
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.
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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 Public
The project will positively address the needs and welfare of the public by
providing recreational and residential facilities in Henderson County, North
Carolina.
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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.
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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.
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