20071505 Ver 3_Application_20080903

0-7-15o5 Y3
CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
September 2, 2008
Mr. Ian McMillan
NC Division of Water Quality
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699
Can
S_P 3 2008
RE: Mountain Development Company, LLC vrr??,? ??ares 0RV-V1aT RBRMW
Modification to Existing 401 Certification
Seven Falls Golf and River Club
Henderson County, North Carolina
DWQ Project # 07-1505v2; Action ID 2007-3367
Mr. McMillan,
Please reference the "Approval of 401 Water Quality Certification with Additional
Conditions" (401 Certification) dated January 25, 2008 sent by the NC Division of Water
Quality (DWQ) in response to the permit application submitted by ClearWater
Environmental Consultants, Inc. (CEC), on behalf of the applicant, Mountain
Development Company, LLC. The 401 Certification is attached for review (Attachment
A). Mountain Development Company, LLC is requesting a modification to the 401
certification which will reflect the reduction of permanent stream impacts and permanent
wetland impacts associated with the development of the Seven Falls Golf and River Club.
The applicant respectfully requests that this certification be modified to reflect the
changes below, which were discussed with you, Ian McMillan, during a telephone
conversation on August 27, 2008. More specifically, the applicant is requesting a
revision to Condition 1 (Impacts Approved) and Condition 6 (Mitigation) of the 401
Certification. The information you requested is attached and included below.
Impact Reduction
Impacts on site were reduced during the avoidance and minimization review process
initiated by the US Army Corps of Engineers. Changes to the project are identified
below.
Golf Course
Golf course impacts have been reduced at the site. An updated impact map is attached
for review (Figure 1). Golf Impact G-5 (Fairway 17) proposed impact to 601 linear feet
of stream channel; this impact has been reduced to 151 linear feet. Golf Impact G-5 has
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www.cwenv.com
been reduced by 450 linear feet. Golf Impact G-6 (Fairway 17) proposed impact to 377
linear feet of stream channel; this impact has been reduced to 324 linear feet. Golf
Impact G-6 has been reduced by 53 linear feet. Golf Impact G-9 (Fairway 10) proposed
impact to 370 linear feet of stream channel; this impact has been reduced to 185 linear
feet. Golf Impact G-9 has been reduced by 185 linear feet. Golf Impact G-B (Fairway 6
and 17) proposed impact to 1.15 acres of wetlands; this impact has been reduced to 0.56
acres. Golf Impact G-B has been reduced by 0.59 acres. Golf Impact G-D (Fairway 9
and 10) proposed impact to 0.26 acres of wetland; this impact has been reduced to 0.16
acres. Golf Impact G-D has been reduced by 0.10 acres. Golf course impacts have been
reduced by a total of 688 linear feet of stream channel and 0.69 acres of wetlands. The
table below summarizes the reduction of impacts on the golf course.
Golf Course Impacts Reduction
Stream,
Impact Previous Impact Reduced Impact Difference
G-5 601 151 450
G-6 377 324 53
G-9 370 185 185
Totals 1348 660 688
Wetlands
Impact Previous Impact Reduced Impact Difference
G-B 1.15 0.56 0.59
G-D 0.26 0.16 0.10
Totals 1.41 0.72 0.69
Stream Crossings for Residential Roads
Road crossing impacts have been reduced at the site. An updated impact map is attached
for review (Figure 1). The cul-de-sac served by the crossing at Impact 5 has been
redesigned and will be shifted east of the stream. Lot access still requires a driveway
crossing at that location; however, impacts will be reduced from 140 linear feet to 50
linear feet. The road served by the crossing at Impact 17 has been redesigned and will be
shifted downstream. This will reduce impacts from 160 linear feet to 100 linear feet.
The cul-de-sac served by the crossing at Impact 32 has been redesigned and will be
eliminated. The cul-de-sac will be shifted east of the stream eliminating the need for a
crossing. The table below summarizes the reduction of impacts for road crossings.
Road Impacts Reduction
Stream,
Impact Pre-Application Impact Reduced Impact Difference
5 140 50 90
17 160 100 60
32 80 0 80
Totals 380 150 230
2
Mitigation
Streams
Mitigation will take place at a ratio of 2:1 for stream impacts. At a 2:1 ratio and taking
into consideration the reduction of impacts to 6,990 linear feet, 13,980 linear feet of
stream credit will be required to offset unavoidable impacts at the project site. Mitigation
will be in the form of restoration, enhancement, preservation, and payment into the NC
Ecosystem Enhancement Program (EEP). The tables below summarize the basic
mitigation requirement and stream mitigation proposed for the development of the Seven
Falls Golf and River Club.
Basic Mitigation Requirement

Impact Linear
Feet of Compensatory Mitigation Basic Mitigation

Impact Ratio (x:1) Requirement
Roads 4,599 2 9,198
Golf
Course 2,391 2 4,782
Total 6,990 13,980
Proposed Mitigation

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 1,884 Restoration 1 1,884
Throughout
Site
81,743
Preservation
10
8,174
Total 88,335 13,980
Wetlnnck
Due to the significant impairment of wetlands on site, wetland mitigation is being offered
at a ratio of 1:1 and will be fulfilled through the creation of littoral shelves around the
three ponds and payment into the EEP. At a 1:1 ratio and taking into consideration the
reduction of impacts to 1.48 acres, 1.48 acres of wetland credit will be required to offset
unavoidable impacts at the project site. The tables below summarize the basic mitigation
requirement and wetland mitigation proposed for the development of the Seven Falls
Golf and River Club.
3
Basic Mitigation Requirement
Impact Acres of Compensatory Mitigation Basic Mitigation
Impact Ratio (x:1) Requirement
Roads 0.52 1 0.52
Golf
Course 0.96 1 0.96
Total 1.48 1.48
Proposed Mitigation

Acreage of Mitigation
Total
Wetland Mitigation Type Activity Ratio Credit
(x:1)
Littoral Shelf 0.50 Creation 3 0.17
NCEEP 1.50 Restoration 1 1.50
Total 2.00 1.67
Conclusion
The applicant, Mountain Development Company, LLC respectfully requests that the 401
Certification be modified to reflect the updated site plans (Figure 1) and mitigation
requirements. Should you have any questions or comments concerning this project please
do not hesitate to contact me at 828-698-9800.
Should the DWQ feel any additional information or clarification is required, please do
not hesitate to contact the undersigned at [phone].
Respectfully,
- w-k
Rebekah L. Newton
Project Biologist
R. C ent Riddle, P.W.S
Principal
4
Figure I
Updated "Impact Map"
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Attachment A
"Approval of 401 Water Quality Certification with Additional Conditions"
(dated January 25, 2008)
JAN-i?5-2008 12:31 FROM:DWO-WETLANDS 9197336893 TO:918286989003 P:2/6
NNA7
02
? -i
a ?
Michael F, Easley, Governor
William G..R•oss Jr., Secretary
Nmth Carolina Department of Enviromnent and Natural Resources
Coieen K Sullins, Director
Division of Water Quality
January 25, 2008
Mr. Keith Vinson
Mountain Development Company, LLC
130 South Main Street
Hendersonville, NC 28792
Re: Seven Falls Golf and River Club, iienderson County
French broad River [040302, 6-(47.5), WS1V, B]
Willow Creek [040302, 6-46, C, TR]
Folly Creek [040302,6-45-2, q
DWQ 420071505, Ver. 2; USACE Action ID. No.-2007-3367
APPROVAL of 401 Water Quality Certification with Additional Conditions - REVISED
Dear Mr. Vinson:
Attached hereto is a copy of Certification No. 3724 issued to Mr. Keith Vinson and Mountain
Development Company, LLC, dated January 25, 2008. This Certification replaces the Certification
issued to you on January 24, 2007. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Solid Waste, Sediment and-Erosion
Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
Tf we can be of further assistance, do not hesitate to contact us.
C)iS/cbk/am
Attachments: Certificate of Completion
NCDWQ 401 WQC Summary of. Permanent Impacts and Mitigation Requirements
cc: Becky Fox, EPA, 1307 Fire-fly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Asheville Regulatory Field Office, Wilmington District, USACOE
Kevin Barnett, DWQ, Asheville Regional Office
DT.R Asheville Regional Office
File Copy
Central Files
Clement Riddle, CEC, 718 Oakland Street, Hendersonville, NC 28792"
Filename= 071505Ver2SevenFalisGolfAndRiverC)ub(Henderson)401_IC Revised
•N,?1.hCHroin?
401 Ovcrsight/Express Review Permitting Unit llflllQ??If
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree 13oalcvard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: l,ttp://www.nr.warcrquality.org
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Papcr
JAN-25-2008 12:31 FROM:DWQ-WETLANDS 9197336893 TO:918286989003 P:3/6
Mountain Development Company, LLC
Page 2 of 4
January 25, 2008
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CER', MCATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of. the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 21-1, Section.0500 to Mr. Keith Vinson and Mountain Development Company,
LLC to fill. or otherwise impact 2.07 acres of 404/wetland, 7,623 linear.fect of perennial.stream (7,473
linear feet permanent impact, and 150 linear feet temporary impact), 0.57 acres of open waters in the
French Broad River Basin, and conduct bank stabilization on 8,700-linear feet of Little Willow Creek,
associated with the construction of the Seven Falls Golf and River Club, located adjacent on Pleasant
Grovc Road, south, of the Town of Etowah, in Henderson County, North Carolina, pursuant to an
application dated the 7s' day of August of 2007, and received by the DWQ on. October 8, 2007, by Public
Notice by the U.S. Army Corps of Engineeis issued on the 15" day of November of 2007 (received by
DWQ on November 19, 2007), with additional information. received from you on January 24, 2008.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation; and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions -of this Certification. Any
new owner must notify the Division and request the Certification be issued in'their name. Should wetland
or stream fill be requested in the future, additional compcmatory mitigation may be required as described
in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
chmige in stream or wetland impact or an. increase in impervious surfaces, the DWQ shall be notified in
writing: and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland permit) are met. No other impacts are
approved Including incidental impacts:
T e of Impact Amount Approved (Units) I Plan Location or Reference
404/Non-Riparian Wetlands 2.09 (acres) Application, Public Noeice and correspondence
received W4108
Stream (perennial) 7,6231(lincar feet) 7,473 linear Application, Public Notice and correspondence
feet permanent impact, and 150 received 1124108
linear fcct temporary impact)
Opcn Waters 0.57 (acres). Application, Public Notice and correspondence
received 1/24/08
5edj)pcnt and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all-spceifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in. order to protect surface waters standards:
JAN-25-2008 12:31 FROM:DWO-WETLANDS 9197336893 T0:918286989003 P:4/6
Mountain Development Company, LLC
Page 3 of 4
January 25, 2008
a The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version ofthe North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
e. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 4041401 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control. measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of. land Resources has released the project;
Continuing Compliance:
5. Mr. Keith Vinson and Mountain Development Company, LLC, shall conduct construction
activities in a manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean. Water Act) and any other appropriate
requirements of State law and federal law. If the Division determincs that such standards or laws
are not being met (including the failure to sustain a designated or achieved use) or that State or
federal law is being violated, or that further conditions are necessary to assure compliance, the
Division may reevaluate and modify this Certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 1 SA NCAC 2H..0507(d).
Before modifying the Certification, the Division shall notify Mr. K.cith Vinson and Mountain
Development Company and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 211.0504. Any new or revised conditions shall be provided to Mr. Keith Vinson
and Mountain Development Company in writing, shall be provided to the United States Army
Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water
Act, and shall also become eonditions.of the 404 Permit for the project;
ffit_gation:
6. Compensatory Mitigation Using O.ffsitc Restoration, Enhancement, and the Ecosystem
Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. You have
proposed 2.09 acres of 404/wetland impacts and 7,473 linear feet of perennial stream impacts.
We understand that you have will be creating 0.50 acres of onsite wetlands, restoring 2,350 linear
JAN-25-2008 12:32 FROM:DWO-WETLANDS 9197336893 TO:918286989003 P:5/6
Mountain Development Company, LLC
Page .4 of4
January 25, 2008
feet of offsite streams, enhancing 2,358 linear feet of offsite streams, purchasing 1.59 acres of
404/wetlan..d credits and 2,693 linear feet of stream mitigation credits from the Wetlands
Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP),to meet this
mitigation requirement. This has been determined by the DWQ to be a suitable method to meet
the mitigation requirement and additional mitigation commitment. Until the EEP receives and
clears your check (made payable to: DENR - Ecosystem Enhancement Program. Office), no '
impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at
[phone] if you have any questions concerning payment into a restoration fund. You have
60 days from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meer
the following compensatory mitigation requirement:
7 e of wetland Com ensatnr Mitigation R aired River and 3nb-basin Nutnber
404/Wctland 2.09 acres French Broad/06010105
Stream (perennial) 7,473 linear feet French 0 road/06010105
7. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
Certificate of Completion to the 40I/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also) this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 Permit.
if this Certification is unacceptable to you, you have the right to an adjudiaatory.hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be hi the form of a
written petition conforming to Chapter 150E of the North Carolina General. Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudieatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. TJnless
such demands are made, this Certification shall be final and binding.
This the 250'day of January
DIVISION OF A JTY
Coleen H. Sullins
3724
CHS/cbk/ijm
,7AN-25-2008 12:32 FROM:DWO-WETLANDS 9197336893 TO:918286989003 P:6/6
\N Ar??pG
r
-i
Michael F. Easley, Governor
William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Coleen H. $ullins, Director
Division of Watcr Quality
In. accordance with 15A NCAC 211.0500, Mr. Keith Vinson and Mountain Development Company, LLC, have
permission as outlined below to fill or otherwise impact 2.07 acres of. 404/wetlan4, 7,623 linear feet of perennial
stream (7,473 linear feet permanent impact, and 150 linear feet temporary impact), 0.57 acres of open waters iq the
French Broad River Basin, and conduct bank stabilization on 8,700 linear feet of Tittle Willow Creek, as described in
your application dated the 7 4 day of August of 2007, and received by the DWQ on October 8, 2007, by Public Notice
by the U.S. Army Corps of Engineers issued on the 15t1' day of November of 2007 (received by DWQ on November
19. 2007), with additional information received from you on January 24, 2008, to construct the proposed Seven Falls
Golf and River Club, located adjacent on Pleasant Grove Road, south of the Town of Etowah, in Henderson County,
North Carolina. All activities associated with these authOrized impacts must be conducted with the conditions listed
in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY M.MQATJON R.EQUIREW-NTS, ECOSYSTEM, ENHANCEMENT PROGRAM
DWQ PROJECT #:
LOCATION:
COUNTY
BASIN/ SUB BASIN
20071505, Ver. 2
Etowah
Henderson
French Broad/06010105
As required by I SA NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigabee impacts through the restoration, creation, enhancement or preservation of. wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the stato.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts Mitigation
1.59 Acres Non-Ri arian 404[Wetla.nds 1.59 Acres Non-Riparian 404/Wetlands
2,693 Linear Feet of Perennial Stream 2,693 Linear Feet of Perennial Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fec to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE.TMPA.CTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS 13EEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM'
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
(91:9) 733-5205
Filename: 07.1505Vcr2Sevcnl-al]sGolf.MdRiverClub(Hendercon)40]_IC EEP Rcvised
NNrthCarolina
40.1 0vC*i4;b(/L-xpress Rcvicw t'ermining Unit
1654 Mail ServiceCcntcr. Raleigh, North Carolina. 27699-1650 J1atllral?y
2321 Cnlrtree Boulevard, Suitc 250, Raleigh. North Carolina 27604
Phone [phone] / Fax [phone]
Intcnrett: http://www.ncwaterqua]iTy.org