20071505 Ver 4_Corps of Engineer Correspondence_20160106

Burdette, Jennifer a
From: Price, Zan (George)
Sent: Wednesday, January 06, 2016 4:08 PM
To: Higgins, Karen; Burdette, Jennifer a
Cc: Fox, Tim
Subject: FW: Seven Falls Comments and Request for Additional Information (UNCLASSIFIED)
Attachments: 2013-01159 Corps Comments & Request for Additional Information.pdf
FYI
Zan Price, P.E.
Assistant Regional Supervisor—Asheville Regional Office Water Quality Regional Operations Section NCDEQ— Division of
Water Resources
828 296 4500 office
828 2319634 mobile
email: [e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
-----Original Message -----
From: Brown, David W SAW[ma iIto: [e-mail]1]
Sent: Wednesday, January 06, 2016 3:20 PM
To: Rebekah Newton <[e-mail]>; Clement Riddle <[e-mail]>
Cc: Price, Zan (George) <[e-mail]>; Leslie, Andrea J <[e-mail]>; Tompkins, Bryan
<[e-mail]>; [e-mail]; [e-mail]
Subject: Seven Falls Comments and Request for Additional Information (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Rebekah & Clement,
Attached are the Corps comments & request for additional information for the Sven Falls Bonded Phase permit
application. The hard copy is going out in today's mail.
Thanks,
David
1

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

j DEPARTMENT OF THE ARMY
I/ WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
January 6, 2016
Action ID: SAW -2013-01159
C1earWater Environmental Consultants, Inc.
Attn.: Clement Riddle
32 Clayton Road
Asheville, NC 28801
Subject: Corps Comments and Request for Additional Information — Seven Falls Bonded Phases
Permit Application
Dear Mr. Riddle:
Reference is made to your September 30, 2015 Department of the Army (DA) permit
application, submitted on behalf of Henderson County, associated with the completion of
subdivision road infrastructure and permitting of existing, unauthorized stream impacts in the
302 -acre bonded phases of the residential development known as Seven Falls in the Etowah
community of Henderson County, North Carolina. Based on our review of the application and
comments recently submitted by supporting agencies, the Corps is requesting the following
additional information.
1. Per letter dated November 9, 2015, (ER 07-0660) from NC Department of Natural
and Cultural Resources, State Historic Preservation Office (SHPO), the applicant
will need. to submit a summary of the actions to be undertaken at archaeological site
31HN220 in order to comply with Section 106 of the National Historic Preservation
Act.
2. In the supporting documents submitted with the permit application, future plans for
sewer and water corridors indicate possible impacts to waters of the U.S. outside. the
bonded area. The permit application states the applicant has no authority to expend
funds from the bond in areas outside the bonded phases. Please explain this
inconsistency.
3. Existing impacts areas 3, 5, 9, 10, 11, 12, and 13 do not meet the requirements for
aquatic life passage. Please submit a plan which details how these crossings will
meet this requirement or submit an explanation as to why aquatic life passage is not
warranted at the respective impact sites.
4. Per letter dated December 2, 2015, from DWR, provide an assessment for all streams
in the project area. If sediment impacts are identified in a particular reach, then a
description of the impacts are to be included in the assessment for the respective

stream. Please provide a plan detailing how the applicant will address sediment
impacts within project area streams.
5. The Corps has reviewed and evaluated the applicants proposed compensatory
mitigation ratio of 1:1 for unavoidable stream impacts and loss of associated aquatic
functions. Compensatory mitigation will.be required at a 2:1 ratio. This
determination is based upon the Corps original 2007-2008 evaluation of the
condition for the aquatic resources in the project area, prior to these resources being
heavily impacted by sediment inflows associated with construction and development
of the Seven Falls subdivision since 2008.
The applicant has proposed that compensatory mitigation will be in the form of
payment into the state's in -lieu fee program administered by the NCDEQ - Division
of Mitigation Services (DMS). Therefore, for the 1,792 linear feet of unavoidable
stream impacts and loss of aquatic function, the applicant is to obtain 3,584 linear
feet of cool water stream credits in the French Broad River basin (06010105) from
DMS.
The applicant may revise the proposed mitigation plan submitted with the permit
application. If so, provide the Corps and DWR a revised mitigation plan explaining
how the applicant will provide compensatory mitigation at the 2:1 ratio discussed
above.
Please provide the information requested by February 29, 2016. If you have any questions
please contact me at 828-384-1890, extension 232.
Sincerely,
R d
David Brown, PG
Regulatory Specialist/Geologist
Asheville Regulatory Field Office
Copy:
Henderson County
Attn.: Marcus Jones, Director of Engineering
1 Historic Courthouse Square
Hendersonville, NC 28792
USFWS
Attn.: Bryan Tompkins
160 Zillicoa Street
Asheville, NC 28801
NCDEQ-DWR
Att.: Zan Price
2090 U.S. Highway 70
Swannanoa, NC 28778

NCWRC
Attn.: Andrea Leslie
20830 Great Smoky Mountain Parkway
Waynesville, NC 28786
NC DNCR-SHPO
Attn.: Renee Gledhill -Earley
4617 Mail Service Center
Raleigh, NC 27699-4617