20071505 Ver 4_Emails_20151208

Burdette, Jennifer a
From:
Sent:
To:
Cc:
Subject:
Attachments:
Classification: UNCLASSIFIED
Caveats: NONE
Jennifer,
Brown, David W SAW <[e-mail]>
Tuesday, December 08, 2015 10:07 AM
Burdette, Jennifer a
Price, Zan (George); Jones, Scott SAW
Seven Falls Issued IP August 2008 (UNCLASSIFIED)
2007-3376 Seven Falls Coprs Permit Aug 2008.pdf
Per our conversation this morning, attached is a copy of the signed IP issued to Seven Falls in August 2008. This permit
was revoked in April 2010.
Thanks,
David
David Brown, PG
Regulatory Specialist/Geologist
828-271-7980, ext. 232
[e-mail]
USACE Wilmington District - Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Classification: UNCLASSIFIED
Caveats: NONE
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO
ATTENIION OF:
August 8, 2008
Regulatory Division
Action ID. 2007-3367
Mr. Keith Vinson
Mountain Development Company, LLC
130 South Main Street
Hendersonville, North Carolina 28792
Dear Mr. Keith Vinson:
Enclosed is a Department of the Army (DA) permit to place fill in 6,990 linear feet of stream
channel, 1.48 acres of wetlands, and 0.57 acre of open water in order to construct road crossings
and other needed infrastructure for the residential development and golf course known as Seven
Falls, on Pleasant Grove Road, near Etowah, Henderson County, North Carolina. This permit
also authorizes 150 linear feet of temporary impacts to stream channels associated with utility
line installation. The Corps is issuing this permit in response to your written request of
September 7, 2007, and the ensuing administrative record.
Any deviation in the authorized work will likely require modification of this permit. If a
change in the authorized work is necessary, you should promptly submit revised plans to the
Corps showing the proposed changes. You may not undertake the proposed changes until the
Corps notifies you that your permit has been modified.
Carefully read your pen -nit. The general and special conditions are important. Your failure
to comply with these conditions could result in a violation of Federal law. Certain significant
general conditions require that:
a. You must complete construction before August 8, 2013.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your
worksite as deemed necessary to assure compliance with permit plans and conditions,

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You should address all questions regarding this authorization to Ms. Amanda Jones at the
Asheville Regulatory Field Office, telephone [phone] extension 231.
Sincerely,
FILENAME: CL68—Seven Falls.doc/nw
CESAW-RG-A/Walker/s -t
MAIL
CESAW-RG-A/file
Jefferson M. Ryscavage
Colonel, U.S. Army
District Commander
Enclosures
Copy furnished (with enclosures):
Chief, Source Data Unit
NOAA/National Ocean Service
ATTN: Sharon Tear N/CS261
1315 East -west Hwy., Rm 7316
Silver Spring, MD 20910-3282
Copies famished with special conditions and plans:
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort,, North Carolina 28516
Mr. Ronald J. Mikulak, Chief
Wetlands Protection Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street
Atlanta, Georgia 30303

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Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Aft. David Rackley,
National Marine Fisheries Service
219 Fort Johnson Road
Charleston, South Carolina 29412-9110

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Permittee Mountain Development Company, LLC
Permit No. 2007-3367
issuing Office CESAW-RG-A
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer,
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: To place rill in 6,990 linear feet of stream channel, 1.48 acres of wetlands, and
0.57 acre of open water in order to construct road crossings and other needed infrastructure for the
residential development and golf course known as Seven Falls. This permit also authorizes 150
linear feet of temporary impacts to stream channels associated with utility line installation.
Project Location: on Pleasant Grove Road, near Etowah, Henderson County, North Carolina.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on August 8, 2013. If you find that you need more time to
complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this
permit from this office, which may require restoration of the area.
3. if you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
() Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
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e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, i o! accept and agree to comply with the terms and conditions of this permit.
Company, LLC
(PERMITTEE)
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
64- FFERSON M. RYSCAVAGE, COLONEL (DATE)
(DISTRICT COMMANDER)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE)
(DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717425

SPECIAL CONDITIONS
Work Limits
a) All work authorized by this permit must be performed in strict compliance with the attached
plans, which are a part of this permit. Any modification to these plans must be approved by the
US Army Corps of Engineers (USACE) prior to implementation.
b) Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, fill or mechanized land -clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area This prohibition applies to all borrow and fill activities
connected with this project.
c) Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within waters or
wetlands or to reduce the reach of waters or wetlands.
Related Laws
d) The North Carolina Division of Water Quality has issued a conditioned Water Quality
Certification for your project; the conditions of that certification are hereby incorporated as
special conditions of this permit. For your convenience, a copy of the certification is attached if
it contains such conditions.
e) All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Quality at [phone],
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
Project Maintenance
f) The permittee shall advise the Corps in writing prior to beginning the work authorized by this
permit and again upon completion of the work authorized by this permit.
g) Unless otherwise authorized by this permit, all fill material placed in waters or wetlands will.
be generated from an upland source and will be clean and free of any pollutants except in trace
quantities. Metal products, organic materials (including debris from land clearing activities), or
unsightly debris will not be used. .

h) The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
i) The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
j) The permittee,'upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the
water or wetland to its pre-proj ect condition.
Enforcement
k) Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10
of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army
Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Time of Year Restrictions
1) In order to protect the egg and fry stages from sedimentation during the trout spawning
period, no excavation or filling will be permitted in -stream or within the 25 -foot buffer zone
between the dates of October 15 and April 15 of any year without the prior approval of the North
Carolina Wildlife Resources Commission and the Corps of Engineers.
Mitigation
m)In addition to the mitigation requirements listed below, you shall mitigate for unavoidable
impacts to 6,990 linear feet of stream channel and 1.48 acres of wetlands associated with this
project by payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in the
amount necessary to perform restoration to 1.48 acres of riparian hardwood wetlands and 1,884
linear feet of cool water stream in the French Broad River Basin (Cataloging Unit 06010105).
Construction within jurisdictional areas on the property shall begin only after the permittee has
made full payment with certified check to the NCEEP, and the NCEEP has made written
confirmation to the District Engineer, that it agrees to accept responsibility for the mitigation
work required, pursuant to Paragraph IV.D. of the Memorandum of Understanding between the
North Carolina Department of Environment and Natural Resources and the U.S. Army Corps of
Engineers, Wilmington District, dated November 4, 1998.
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n) As part of the mitigation requirements, the permittee will mitigate for unavoidable impacts to
6,990 linear feet of stream channels associated with this project by.conducting off-site
restoration/enhancement activities on approximately 4,708 linear feet of stream channel. The
stream restoration/enhancement will be conducted according to the plan titled "Conceptual Plan
for Stream Restoration at the Future Laurel Park Nature Park" dated July 24, 2007, utilizing
natural channel design techniques at two off-site locations: Hollabrook Farms Subdivision and
Laurel Park Nature Park. Activities prescribed by this plan shall be undertaken either before or
concurrently with the commencement of any construction activities within jurisdictional areas
authorized by this permit. Emergent, tree, and shrub species planted shall consist of species
native to the Henderson County area. The requirements found in the mitigation plan shall be
fully completed within one year of the date of issuance of this permit. The Corps of Engineers
will be provided "as built" drawings of the new channels within 90 days of channel completion
and subsequent monitoring will be conducted as described in the mitigation plan. The permittee
shall monitor channel stability within the newly constructed channels through 2 bankfull events
or 5 years, whichever is longer. Monitoring reports shall be supplied to the Corps of Engineers
and the North Carolina Division of Water Quality no later than 90 days after the completion of
monitoring for each year.
o) As part of the mitigation requirements, the permittee'also agrees to preserve approximately
81,743 linear feet of stream channel on the property and associated 30 -foot undisturbed riparian
buffers on each side of the stream channels as depicted on the attached plans May 22, 2008.
These areas will be preserved through the implementation of a restrictive covenant as described
below in conditions (q) and (r).
p) The permittee will mitigate for unavoidable impacts to wetlands by payment into NCEEP as
described above and also. by constructing 0.50 acre of littoral shelves around three on-site ponds.
Activities prescribed the plan titled "Conceptual, Plan for Stream Restoration at the Future Laurel
Park Nature Park" dated July 24, 2007 shall be undertaken either before or concurrently with the
commencement of any construction activities within jurisdictional areas authorized by this
permit. Emergent, tree, and shrub species planted shall consist of species native to the
Henderson County area. The requirements found in the mitigation plan shall be fully completed
within one year of the date of issuance of this .permit.
q) The. Permittee shall submit to the Corps for approval, a restrictive covenants for the purpose
of maintaining proposed preservation areas in their natural state in perpetuity. Prohibited
activities within the mitigation property shall specifically include, but not be limited to: the
construction or placement of roads, walkways, buildings, signs, or structures of any kind (i.e.,
billboards, interior fences, etc.); filling, grading, excavation, leveling, or any other earth moving
activity other than those associated with restoration/enhancement work or activity that may alter
the drainage patterns on the property; the cutting, mowing, destruction, removal, damage or other
alteration of any vegetation; disposal or storage of any debris, trash, garbage, or other waste
material; except as may be authorized by subsequent modifications which are approved by the
Corps of Engineers.
r) The restrictive covenants and plat, as approved by the Corps of Engineers, shall be recorded
in the Register of Deeds for Henderson County prior to the sale or conveyance of any lots,

phases, or other property within the subdivision. The permittee shall also cause to be recorded a
plat, showing the subdivision plan for the property, the boundary of the preservation areas, and
the boundary of jurisdictional waters of the United States. The permittee shall enforce the terms
of the restrictions set forth in the deed, and, prior to conveyance of the property, shall take no
action on the property described in the deed inconsistent with the terms thereof.
s) The permittee and subsequent -property owners shall take no action, whether on or off the
mitigation property, which will adversely impact the stream habitat on the preservation property.
t) Condition (q), above, runs with the land. The permittee shall not sell, lease, or otherwise
convey any interest in the mitigation property without subjecting the property to legally
enforceable restrictions on the use of the property, to ensure its preservation in perpetuity,
approved in writing by the Wilmington District Corps of Engineers.
u) The permittee Will maintain the authorized work in good condition and in conformance with
the terms and conditions of this permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without having it transferred to a third party.
v) If concrete is used during culvert installation (headwalls), a dry work are must be maintained
to prevent direct contact between curing concrete and stream water. Uncured concrete affects
water quality and is highly toxic to fish and other aquatic organisms.
W) For construction of culverts, measures will be included in the construction that will promote
the safe passage of fish and other aquatic organisms. For all culvert construction activities, the
dimension, pattern, and profile of the stream, (above and below a pipe or culvert), should not be
modified by widening the stream channel or by reducing the depth of the stream. Culvert inverts
will be buried at least one foot below the bed of the stream for culverts greater than 48 inches in
diameter. For culverts 48 inches in diameter or smaller, culverts must be buried below the bed of
the stream to a depth equal to or greater than 20 percent of the diameter of the culvert.
x) This project has been coordinated with the North Carolina State Historic Preservation Office
(SHPO), the Eastern Band of the Cherokee Indians.(EBCI) and the Tennessee Valley Authority
(TVA). It has been determined that the project has the potential to adversely effects six
archaeological sites that have been determined to be eligible for listing in the National Register
of Historic Places. A Memorandum of Agreement (MOA) that will mitigate for any adverse
affect has been agreed upon by these parties, the permittee, and the U.S. Army Corps of
Engineers and is attached as part of this permit. Your work is authorized by this permit provided
it is accomplished in strict accordance with the conditions listed in the attached MOA.
y) If the permittee discovers any previously unknown historic or archeological remains while
accomplishing the authorized work, he will immediately notify the Wilmington District Engineer
who will initiate the required State/Federal coordination.
z) This Department of the Army permit does not obviate the need to obtain other Federal, State,
or local authorizations required by law.
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