20071505 Ver 4_Corps of Engineer Correspondence_20151208

Burdette, Jennifer a
From: Brown, David W SAW <[e-mail]>
Sent: Tuesday, December 08, 2015 10:52 AM
To: [e-mail]; Clement Riddle
Cc: Rebekah Newton; Price, Zan (George); Burdette, Jennifer a; Jones, Scott SAW
Subject: Comments Received to Public Notice - Seven Falls Bonded Phases Project
(UNCLASSIFIED)
Attachments: 2013-01159 Public Comments Seven Falls Bonded Phases Dec 2015.pdf
Classification: UNCLASSIFIED
Caveats: NONE
Action ID 2013-01159
Marcus Jones And Clement Riddle,
Attached are the comments the Corps received during the comment period of the public notice for your submitted permit
application associated with the completion of subdivision road infrastructure and permitting of existing, unauthorized
stream impacts in the 302 -acre bonded phases at the residential development known as Seven Falls in Etowah,
Henderson County, North Carolina. You are requested to review the comments and submit to the Corps a document
which responds/addresses the comments/concerns/issues noted. Please submit this document by January 22, 2016.
Once the Corps receives your response, a meeting with USFWS, NCWRC, NCDEQ-DWR, and the Corps may be appropriate
in order to review and discuss your submitted response.
Do note the letter received from Ms. Nicholson. The Corps contacted Ms. Nicholson, via a phone conversation, on
October 26 and addressed her concerns noted in the letter.
You should have recently received a request for additional information from NCDEQ-DWR pertaining to your request for
an Individual Water Quality Certification. The Corps is currently evaluating your submitted application and will be sending
a request for additional information within the next few weeks. If you have any questions please contact me.
Thank you,
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

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Pat McCrory
Secretary Susan Kluttz
Office of Archives and History
Deputy Secretary Kevin Cherry
November 9, 2015W1
David Brown gry
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
Re: Seven Falls Residential Development, Etowah, Henderson County, ER 07-0660
Dear Mr. Brown:
We have received for review the US Army Corps of Engineers Public Notice for the above project.
As noted in the document, the proposed project will have an adverse impact to 31HN220, an archaeological
site that has been determined eligible for inclusion in the National Register of Historic Places. For
purposes of compliance with Section 106 of the National Historic Preservation Act, we recommend that
data recovery be undertaken at 31HN220 prior to the initiation of construction activities in order to mitigate
adverse effects to this site. A new Memorandum of Agreement outlining permit stipulations for the
treatment of this significant archaeological resource, as well as a Data Recovery Plan, should be developed
among the US Army Corps of Engineers, the State Historic Preservation Office, and Henderson County.
We will provide a draft and look forward to further consultation regarding the proposed project.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
envieponn7ental.reviewnncdcr.�ov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
w
Ramona M. Bartos
_/
cc: Marcus Jones, Director of Engineering, Henderson County
Clement Riddle, ClearWater Environmental Consultants, Inc.
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 TelephonelFax: [phone]/807-6599

L 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 #13 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

(Sent via Electronic Mail)
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
26313th Avenue South
St. Petersburg, Florida 33701-5505
http://sero.nmfs.noaa.gov
October 26, 2015
Colonel Kevin P. Landers Sr., Commander
U.S. Army Corps of Engineers Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1398
Dear Colonel Landers:
NOAA's National Marine Fisheries Service (NMFS) reviewed the projects described in the public
notice(s) listed below.
Based on the information in the public notice(s), the proposed proj ect(s) would NOT occur in the
vicinity of essential fish habitat (EFH) designated by the South Atlantic Fishery Management Council or
NMFS. Present staffing levels preclude further analysis of the proposed activities and no further action
is planned. This position is neither supportive of nor in opposition to authorization of the proposed
work.
NOTICE NO. APPLICANT
NOTICE DATE DUE DATE
2015-02083 Vulcan Lands, Inc. October 6, 2015 November 5, 2015
2005-01340 US Army October 9, 2015 November 10, 2015
2013-01159 Henderson County October 14, 2015 November 13, 2015
2014-01338 CRP -Gateway Marketplace, LLC October 15, 2015 November 16, 2015
Please note these comments do not satisfy your consultation responsibilities under section 7 of the
Endangered Species Act of 1973, as amended. If the activity "may effect" listed species or critical
habitat that are under the purview of NMFS, consultation should be initiated with our Protected
Resources Division at the letterhead address.
Sincerely,
Pace Wilber (for)
Virginia M. Fay
Assistant Regional Administrator
Habitat Conservation Division
3y�O ATM0.SP/yt,A
F
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1516 Clairmont Drive
Hendersonville, NC 28791
October 19, 2015
Home: 828-693-5839
Cell: 828-606-2243
Mr. David Brown
Asheville Regulatory Field Office
151 Patton Avenue
Room 208
Asheville, NC 28801
Dear Mr. Brown:
Subject: Corps Action ID Number SAW -2013-01159
I just received a public notice about the above subject relating to plans concerning the
old Seven Falls property in Henderson County.
I own land adjacent to the Seven Falls. My property has Parcel Numbers:
[oil ffU V
04-0153
99-31721

I was approached about selling land to Seven Falls, but I never sold any of my property
to them.
I am therefore distressed to find that the maps you attached to your Public Notice show
property that belongs to me as being part of the Seven Falls property. At no time has
@Dy_partof my land been owneo by Seven Falls
I would like you to correct these maps. I do not want there to be any confusion as to
what I own and I do not want my land tainted by the Seven Falls events.
Please let me know as soon as possible what you are doing to correct the error
presented in this Public Notice.
Sincerely,
Judith A. Nicholson