20071505 Ver 4_Corps of Engineer Correspondence_20150204

Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS 0FENGINEERS
151PATI0N AV2Mu0
ROOM 2m0
ASBBVILL0, NORTH CAROLINA 2*001'5006
ActhouD0: 8&VV-2013-01159
Ms. Sarah Zambon, County Attorney
Mr. Russell Burrell, County Attorney
Henderson County
I Historic Courthouse Square, Suite 5
Hendersonville, North Carolina 28792
February 4, 2015
SUBJECT: Individual Pozodi Requirement for Proposed Work within a Portion of the Seven
Falls Development, Henderson County
Dear Ms. Zambon and Mr. Burrell:
This letter iainreference ta your request via e-mail on January 28,2Ol5, and our discussions
during the pre-application meeting on January Z2`2015, pertaining to Henderson County's
proposed submittal ofa Department of Army (0A) permit application. Your submittal would
request authorization for work previously undertaken as well as additional improvements in
jurisdictional waters of the United States (VVo0S) located within e portion ufthe »cuidcUdnl
development known mm Seven Falls, ou Pleasant Grove Road in the Etowah community of
Henderson County, North Carolina. 8pcuifiuoUy, the proposed work involves basic road and
utility infrastructure improvements to satisfy the County's obligations under their performance
guarantee agreement initially signed with the subdivision's development company, Seven Falls
Ll.C. All proposed activities are located within the Phase residential building lots south of
Pleasant Grove Road, also known as the "bonded area" within the Seven Falls development.
As stated in past discussions with the County, the 0&permit previously issued 6v the Corps
10 Seven Falls LLC was suspended and subsequently revoked io30l0amu result ofthe
permittee's continued noncompliance with certain terms and conditions of their permit. As a
result, impacts undertaken by Seven Falls LLC remain unauthorized and must be either restored
to pre-project conditions or authorized by a new permit.
Based on the County's preliminary plans discussed ut the January 27 oo pre-application
meeting, the change io project nuope.wnd}ackuyaYa|idD/\audhnrizutimo° the Corps has
determined a new Individual Permit (IP) is required to authorize the previous work and
improvements proposed by the County within the bonded area. The County (as the applicant)
will need to submit an 1P application with all necessary supporting docurnents including, bctnot
limited to: alternative analysis, design plans/drawings, delineation of aquatic resources within

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the project area, compensatory mitigation plan, restoration plan of existing impacts to WoUS
within the project area that will not be utilized, and a summary of existing impacts to WoUS in
the project area.
IN are issued for activities that have more than minimal adverse impacts to WoUS and the
evaluation of each IP application involves a more thorough review of the potential environmental
and socioeconomic effects of the proposed activity. An IP requires a full public interest review,
including public notices and coordination with involved agencies, interested parties and the
general public. Typically the IP process takes four to six months. However, due to the
uniqueness and history of the Seven Falls property, additional permit review and processing time
is anticipated.
The IP process can be generally summarized as follows:
1. Pre-application coordination;
I IP application with supporting documents submitted;
3. After receipt of a complete application, Corps issues joint public notice for the
Section 404 pertnit. and Section 401 water quality certification;
4, 15-45 day public notice comment period;
5. Opportunity for public hearing, if Corps deems a hearing is in the public's best
interest;
6. Corps with the applicant's involvement, reviews comments, evaluates the permit
application based on regulations, and completes required documentation; and
7. Corps makes a decision to either issue, issue with conditions, or deny.
An individual State of North Carolina Water Quality Certification is also required for this
project and must be issued before a final Corps decision is provided, The North Carolina
Department of Environment and Natural Resources, Division of Water Resources, conducts this
certification as a requirement of Section 401 of the Clean Water Act.
We appreciate the County's ongoing efforts associated with the Seven Falls site. Should you
have any additional questions or concerns, please contact me by phone at 828,271.7980, ext. 222,
or via email scolt.,ioiies(�tisace.,irniy.tiiil.
Sincerely,
Scott Jones
Chief
Asheville Regulatory Field Office

N
go
Mr. Zan Price
North Carolina Division of Water Resources
NCDENR — Asheville Regional Office
2090 U.S. Highway 70
Swannatioa, North Carolina 28778
Mr. Clement Riddle
ClearWater EnvironmentalConsultants, Inc.
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
Mr. Will Buie
WGLA Engineering
214 North King Street
Hendersonville, North Carolina 28792