20071505 Ver 4_Staff Comments_20151119

Burdette, Jennifer a
From: Fox, Tim
Sent: Thursday, November 19, 2015 4:09 PM
To: Burdette, Jennifer a
Cc: Higgins, Karen; Davidson, Landon; Price, Zan (George); Barnett, Kevin
Subject: ARO Comments for Seven Falls DWQ 2007-1505
Attachments: ARO Comments individual permit 2007-1505 11-16-15.docx; SEVENFALLS_NOV_
8-31-09.pdf,
Seven FallsBondedPhases_LWillow&FollyCr_HendersonCo_WRCComments.pdf
Jennifer,
ARO comments attached.
If you need or want to discuss anything I will be in the field tomorrow until later in the afternoon.
Monday both Zan and I will be out of the office but you can call our cell phones if needed.
Tim [phone]
Zan [phone]
Zan will be in the office on Tuesday.
Thanks and have a good rest of your week,
Tim
l im (Fox - tim.fox@..ncdenr_gov
....................................
(North Carolina Dept. of Environmental Quality
Asheville (Regional Office
Division of Water (Resources — Water Quality (Programs
2090 U.S. 70 II lighway
Swannanoa, INC 28778
l el: 828-296-4500
(Fax: [phone]
x
(Notice: Email correspondence to and from this address may be subject to the INC (Public (Records Law and may be
disclosed to third parties.
1

Representatives of the Asheville Regional Office (ARO) visited the Seven Falls Bonded Phases project on
August 11, 2015 and November 6, 2015. The ARO believes that all pipe crossings need to be evaluated
for aquatic passage, stream stabilization, and sediment discharge within the project limits. ARO
comments regarding the Individual 401 permit application for DWQ Project # 2007-1505 are listed below:
• Address issues within the Seven Falls Bonded Phases project outlined in the Notice of Violation
(NOV-2009-PC-0130) dated February 23, 2009 (see attached).
• The application does not address sediment loss and in -stream sediment accumulation. Provide a
stream assessment for all stream areas in the bonded area for in -stream sediment accumulation.
Provide a sediment removal plan to address in -stream sediment accumulation.
• Provide a stream assessment for all impacted areas in the bonded area for stream bank and bed
stability. Provide a stream restoration plan to address these stability impacts within the bonded
area.
• Impact #14 as shown on Figure 5 and the associated roadway is located outside of the project
area. Has legal access been attained to work outside of the project area? Provide further
explanation of how impacts could be avoided or minimized along this corridor.
• During the site visit it was determined that installed erosion control measures and deposited
sediment have artificially elevated the stream channel and altered the hydrology of the system
near impacts numbers 3 & 4. Additionally, significant channel incision and instability was
observed approximately 100 -feet downstream of impact #4. Submit a restoration plan
addressing the stability of this area.
• During the site visit a large head cut and unstable stream conditions were observed near Lot #139
below an old existing sediment trap. Provide a stream stabilization plan for this area including a
sediment removal plan.
During the site visit it was observed that many stream culverts were installed on top of the
streambeds. These installations have resulted in perched pipe conditions that regardless of
stream size prevent aquatic life passage of invertebrates and amphibians. All crossings must be
evaluated and measures taken to insure that invertebrates and amphibians can access upstream
reaches. The application states "Additional information regarding the existing crossings will be
provided at a later date". Provide all relevant additional information.
Culvert placement must meet the conditions below :
Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.

Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters and streams must be below the elevation of
the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent
of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage of water and aquatic life.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not
required, provided that all alternative options for flattening the slope have been investigated and
aquatic life movement/connectivity has been provided when possible (rock ladders, cross vanes,
etc.). Notification to the Division including supporting documentation to include a location map
of the culvert, culvert profile drawings, and slope calculations shall be provided to the Division 60
days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that there is
sufficient documentation of the presence of bedrock. Notification to the Division including
supporting documentation such as, but not limited to, a location map of the culvert, geotechnical
reports, photographs, etc. shall be provided to the Division a minimum of 60 days prior to the
installation of the culvert. If bedrock is discovered during construction, then the Division shall be
notified by phone or email within 24 hours of discovery.
If other site-specific topographic constraints preclude the ability to bury the culverts as described
above and/or it can be demonstrated that burying the culvert would result in destabilization of
the channel, then exceptions to this condition require application submittal to, and written
approval by, the Division of Water Quality, regardless of the total impacts to streams or wetlands
from the project.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. Additionally, when roadways,
causeways, or other fill projects are constructed across FEMA -designated floodways or wetlands,
openings such as culverts or bridges must be provided to maintain the natural hydrology of the
system as well as prevent constriction of the floodway that may result in destabilization of
streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of riprap or other bank hardening methods.
• Address comments stated in the North Carolina Wildlife Resources Commission letter dated
November 10, 2015 (Attached).

v
NCDENR
r.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
August 31, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mountain Development Company, LI,C
Attn: Keith Vinson
32 Orange Street
Asheville, NC 28801
Return Receipt 9: 70071490000407137536
Mountain Development Company, LLC
Attn: Jason Pelz (registered agent)
138 Charlotte Street, Ste. 200
Asheville, NC 28801
Return Receipt. #: 70071490000407137543
Seven Falls, LLC
Attn: Keith Vinson
32 Orange Street
Asheville, NC 28803
Return Receipt #: 70071.490000407137550
Mountain Development Company, LI.0
Attn: Keith Vinson
130 S. Main Street
Hendersonville, NC 28791
Return Receipt 4: 70071490000407137567
Coleen H. Sullins
Director
Seven Falls, LLC
Attn: NP Corpserve NC, LLC (registered
agent)
701 Green Valley Rd., Ste. 100
Greensboro NC 27408
Dee Freeman
Secretary
Return Receipt #: 70071490000407137574
Seven Falls, LLC
Attn: William Griffon & Keith Vinson
39 Pleasant Grove Church Rd.
Hendersonville, NC 28739
Return Receipt #: 70071490000407137581
Zeus Investments, LLC
Attn: Raymond Chapman (registered agent)
32 Orange Street
Asheville, NC 28803
Return Receipt #: 70071490000407137598
SUBJECT: NOTICE OF CONTINUING VIOLATION and
RE,COMMENDATION FOR ENFORCEMENT
Seven Falls Golf & River Club
Project 1/ 20071,505
DWQ Tracking Number: NCROO 104 3
NOV-2009-PC-0130
Construction Stormwater Permit —NCGO 10000
Stream Standard Violation - Other Waste (In -stream sediment)
401 Water Quality Certification (WQC) Conditions
Removal of Best Usage
Flenderson County
Response deadline: September 16, 2009
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone]\ FAX: [phone] \ Customer Service: 1-877-623-6748 One ar
Internet: www.ncwaterquality.orq Nort]-iColina
An Equal Opportunity \ Affirmative Action Frnployer ;W1114"I'y

Keith Vinson et a].
August 31, 2009
Page 2 of 6
Dear Mr. Vinson et al.:
On January 14, 2009, Chuck Cranford from the Asheville Regional Office of the Division of
Water Quality (DWQ) conducted a site inspection at the Seven Falls Golf & River Club on
Pleasant Grove Road in Henderson County. Ms. Amanda Jones (US Army Corps of Engineers),
Bryan Tompkins (US Fish and Wildlife Service) and Tim Fox (Henderson County Erosion
Control) were present.
Mr. Cranford revisited the site on April 9, 2009 accompanied by Ms. Anna Salzberg (Clearwater
Environmental) to assess the extent of impacts to surface waters and again on July 20, 2009 with
'rim Fox.
Violations of 401 WQC conditions, Construction Stormwater Permit conditions and Stream
Standards were noted during the inspection and file review. The discharge of sediment and fill
materials to Folly and Little Willow Creeks and certain tributaries thereof --classified as C
waters—were documented.
VIOLATIONS
I. Construction Stormwater Permit NCG010000 - This permit applies to projects that
receive a Division of Land Resources (DLR) or local delegated program disturbance of I
acre or greater. Specifically, the NCG010000 Permit authorizes discharge of stormwater
under the National Pollutant Discharge Elimination System (NPDES) in accordance with
Title 15 A North Carolina Administrative Code 2H.0100.
a. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain
stormwater controls to optimum efficiency, as cited in Henderson County Erosion
Control Division Notices of Violation dated January 7, 2009, May 11, 2009 and
June 8, 2009, represents a violation of NCGO 10000 Permit.
b. Final Limitations and Controls for Stormwater Discharges (Part I. Section A.
No. 2) Failure to follow the approved Erosion Control Plan, as cited in Henderson
County Erosion Control Division Notices of Violation dated January 7, 2009, May
11, 2009 and June 8, 2009, represents a violation of NCGO 10000 Permit.
c. Twenty -Four Hour Reporting (Part 11. Section E. No. 3) The lack of notification
to DWQ regarding sediment loss represents violations of NCGO 10000 Permit.
11. Stream Standard Violation -Other Waste (Iii -stream sediment) 15A NCAC 0213.0211
(3)f - Greater than 3,500 feet of Folly Creek and certain tributaries thereof was impacted by
sediment deposition of varying depth within numerous stream reaches, representing Water
Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
111. 40.1 Water Quality Certification Conditions Violations - DWQ issued an approval letter
for project impacts on September 24, 2008, for Project 07-1505 Version 2. The approval
letter specifies that the activities must follow the conditions listed in the WQC.
The site was found to be non-compliant with the following certification conditions:

Keith Vinson et al.
August 31, 2009
Page 3 of 6
a. Condition I – Impacts Approved
8 Impacts outside of the approved amount have occurred
b. Condition 2 – Sediment and Erosion Control
Sediment and erosion control practices have been. found to be non-
compliant
e. Condition 3 --No waste or fill. impacts beyond those in the certification
® Waste and fill has impacted surface waters beyond those depicted in the
approved certification
d. Condition 3 –No violations of State water quality standards
In Violations of State water quality standards have occurred
e. Condition, 4 -- Sediment and Erosion Control Measures shall not be placed in waters
0 Sediment and erosion control measures have been constructed in waters
L Condition 6 – Mitigation
• Agreed upon mitigation requirements have not been met; including, the
non-payment of $697,932 to the North Carolina Ecosystem
Enhancement Program.
IV. Removal of Best Usage –15A NCAC 02B.0211 (2) –Greater than 500 feet of Folly Creek
and tributaries—classified as C waters—was impacted by grading in the stream channel
and fill, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211
(2)_
REQUIRED RESPONSE
This office requests that you respond in writing by the deadline in the subject line of this notice.
Your response should be sent to the attention of Mr. Chuck Cranford, Division of Water Quality,
2090 US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and
Stoirawater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,
Raleigh, NC 27699-1617. Your response should address the following items:
1. Construction Storrawater Permit NCGO-10000
a. Please detail the events that resulted in non-compliance with the above-inentioned
NCG010000 permit conditions.
b. Please explain when you anticipate being in full compliance with the NCG010000
Permit and your Erosion and Sediment Control Plan,
c. Include in your response an explanation of how you propose to prevent the
problems listed above from reoccurring on this project and on future
projects.

Keith Vinson et al.
August 31, 2009
Page 4 of 6
d. Minimum Monitoring and Record Keeping — The following bulleted list
provides guidance on how to conduct monitoring and record keeping
activities in such a way as to be compliant with the NCGO 10000 Permit.
Rainfall is to be monitored and recorded daily as noted in the RAINFALL
Section of the form. Rainfall data should not be reported based on a weekly
accrual read of the date of the inspection.
0 Erosion and Sedimentation Control Facilities are to be inspected every week
and after each %2 inch rain event. It is required to individually list each of
the BMPs (e.g. basins, silt fences, etc.) to be inspected, the date and time
inspected, the initials of the inspector, whether the device is operating
properly, and any corrective actions taken as noted in the EROSION AND
SEDIMENTATION CONTROL FACILITES INSPECTED Section of the
form.
® Stormwater Discharge Outfalls are to be inspected every week and after
each Y2inch rain event. It is required to individually list each of the outfalls
to be inspected, the date and time inspected, the initials of the inspector,
clarity, floating and suspended solids, oil sheen, other pollution indicators,
visible sediment, and any preventative or corrective actions taken as noted in
the OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE
OUTFALLS Section of the form.
e. The Permittee (Financially Responsible Party as indicated on Erosion and
Sedimentation Control Plan application) is required to sign the inspection form each
week, certifying that the report is accurate and complete, The Permittee may
authorize a representative to sign these documents (please see Part 11 Section B (10
b) of the NCGO 10000 Permit for proper procedure).
11. Stream Standard - Other Waste (In -Stream Sediment) and 40.1 WQ Certification
a. Provide a map that exactly details the jurisdictional waters on the tract; including,
all impacts, both intentional and unintentional. Impacts must be clearly quantified
and mapped.
b. Submit a Sediment Removal Plan to this office for review and approval. The plan
must address removal of accumulated sediment from all surface waters on the tract
and be submitted to the Division of Water Quality for review and approval prior to
implementation. The Restoration Plan should include the following:
0 A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
0 A diagram of the stream channels, referenced with photo documentation of
sediment impacts prior to removal and following removal activities.

August 31, 2009
Page 5 of 6
® A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
e. Submit a plan to remove any in -stream erosion and sedimentation control measures
and restore the stream channels (i.e., pattern, dimension and profile). The plan must
be submitted to the Division of Water Quality for review and approval prior to
implementation.
d. Submit a plan to provide the required mitigation for impacts to waters as clearly
defined in the 401 WQC document.
e. A proposed timeline for all restoration activities must be provided.
L The use of an environmental consultant experienced in stream restoration to assist
with development of the required planning, design and authorization necessary to
achieve compliance is highly encouraged. Chuck Cranford of the Asheville
Regional Office should be consulted for additional guidance.
g. Once the restoration efforts have been completed, a final report documenting the
results should be submitted to Chuck Cranford.
III. 401 Water Quality Certification Conditions Violations
a. Please explain how you will return the project to compliance with all 401 WQC
conditions.
The DWQ understands the United States Army Corps of Engineers (COE) has suspended
the 404 permit associated with this project pending full compensation for existing impacts.
The DWQ will be working in concert with the COE to meet the needs of both agencies.
IV. Removal of Best Usage —15A NCAC 02B.0211 (2)
a. Please explain why these impacts occurred without prior authorization.
b. Comply with II. a. above.
c. Please submit the following documents for review and approval:
• Stream Restoration Plan (stream channel grading and fill impacts) — Please
explain how you plan to restore the pattern, profile and dimension of the
impacted stream channels. The streambeds must be restored to the original
profile, the stream banks must be stabilized, and any fill material must be
removed from the riparian zone. Replanting of the riparian zone will be
required.
• A proposed timeline for all restoration activities must be provided.

&eitn Vinson et at.
August 31, 2009
Page 6 of 6
Thank you for your attention to this matter. This office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford at [phone].
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
cc: John Hennessy — NPS Assistance and Compliance Oversight Unit
Amanda Jones — USACE (e -copy)
ClearWater Environmental Consultants (e -copy)
Tim Fox — Henderson County Erosion Control (c -copy)
Henderson County Planning
DWQ Central Files
ARO File Copy
G:\WPDATA\DEMWQ\Henderson\Stormwater Construction NCGO I\SevenFal Is-NCROO I 043\NOV-2009-PC-0 13 O—Continuance-8-27-09. doe

S North Carolina Wildlife Resources Commission 9
Gordon Myers, Executive Director
November 10, 2015
Mr. David Brown
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Seven Falls Bonded Phases
Little Willow Creek and Folly Creek and unnamed tributaries (UTs), Henderson
County
Action ID#: SAW -2013-01159
Dear Mr. Brown:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
individual permit application to account for stream and wetland impacts from unauthorized
activities and proposed activities on Little Willow Creek, Folly Creek, and their unnamed
tributaries in Henderson County. I attended on on-site meeting with representatives of
Clearwater Environmental Consultants and regulatory agencies on August 11, 2015 and visited
the site again on November 6, 2015. Our comments on this application are offered for your
consideration under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish
and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The Seven Falls Bonded Phases project is on a 302 -acre site, which is a portion of the original
1,400 -acre Seven Falls Golf and River Club, granted 401 and 404 permits in 2008. A Certificate
of Non-compliance and numerous Notices of Violation were issued due to permit non-
compliance and erosion and sedimentation problems associated with road building. The current
individual permit accounts for 1,600 feet of unauthorized stream impacts associated mainly with
road culverts and additional impacts of 192 stream feet and 0.01 wetland acre associated with
new or lengthened culverts. Most impacts are on unnamed tributaries to Little Willow Creek.
There are Rainbow Trout in the watershed, and sedimentation resulting from road building
activities may have impacted trout. However, the proposed new activities should not impact
trout and do not need to be avoided during the trout spawning moratorium.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Seven Falls Bonded Phases Page 2 November 10, 2015
Little Willow & Folly Cr, Henderson Co
Impacts
The application characterizes unauthorized impacts and new proposed impacts associated with
culvert installation, summing up the culvert length as length of stream impacted. Many of the
installed culvert outlets are perched, not buried sufficiently, extremely long, and/or are placed at
a steep grade, effectively serving as barriers to upstream movement of aquatic organisms. The
application states that Impacts 3, 5, and 9-13 do not meet requirements for aquatic life passage
and/or structural stability. However, it further states that Impacts 3 and 5 are on small streams
too small to support fish, and salamanders would be able to access culverts. No supporting
documentation is provided for this statement, and we question its validity. Impacts 12 and 13 are
also on streams likely too small to support fish, and the application states that a direct connection
is not necessary. The objective of providing aquatic life passage is to enable all aquatic
organisms—fish, salamanders, crayfish, and other aquatic invertebrates—to move freely through
a crossing; we do not believe that these crossings meet this objective.
There are numerous streams on the project site that are unstable and are a continuing source of
sediment and/or systemic channel instability. For example, the channel downstream of Impact 4
is not in its original channel and is held upgrade of the lowest part of the valley by debris and a
silt fence. The channel downstream of Impact 3 runs closely parallel to that below Impact 4 and
drops through a series of headcuts into an extremely incised and unstable channel. We
recommend that these streams be stabilized with natural channel design, restoring pattern,
dimension, and profile. The stream that is east of impact 413 and runs along the border of the
current project area has its origin in a sediment basin, which drops approximately 5 feet in grade
to the stream channel. This drop is temporarily stabilized with rip rap, which is unlikely to serve
as a permanent solution; the channel should be stabilized.
Many streams on the bonded property are impacted by excessive sediment deposits, resulting
from road building and land clearing activities. However, there is no mention of these impacts in
the permit application. According to agency staff familiar with the site before impacts, many of
the project area streams were in excellent condition before the initial 2008 permits were granted.
We request that the applicant provide a characterization of the extent and nature of sedimentation
in streams throughout the project area. In addition, we recommend that a thorough investigation
of stream stability through the project area be provided and problem areas addressed.
Mitigation
Mitigation is proposed at a 1:1 ratio for 1,792 feet of previous and new impacts to stream. This
mitigation would be provided through NC Division of Mitigation Services. The applicant
proposes this ratio in order to stretch limited funding available through the bond funds held by
Henderson County.
It is apparent that instream impacts are much greater than the 1,792 feet of stream that have been
culverted. In -stream habitats have been impacted by excessive sedimentation and channel
instability, and free movement of aquatic organisms has been severed by numerous impassable
culverts. Therefore, we recommend that a mitigation ratio closer to 2:1 be provided for the
stated 1,792 feet of stream impacts.

Seven Falls Bonded Phases Page 3 November 10, 2015
Little Willow & Folly Cr, Henderson Co
As most streams in the project area were high quality headwater streams, we recommend that
additional mitigation be provided in the form of preservation of high quality streams and riparian
buffers. NCWRC welcomes the opportunity to work with regulatory agencies and the permittee
to develop a mitigation plan to achieve this.
Thank you for the opportunity to review and comment on this project. Please contact me at
[phone] if you have any questions about these comments or need further assistance.
Sincerely,
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: Clement Riddle, ClearWater Environmental
Tim Fox, Zan Price, Kevin Barnett, and Jennifer Burdette, NC Division of Water Resources
Bryan Tompkins, US Fish and Wildlife Service