20071505 Ver 4_More Info Received_20160307

CLearWaLer
Nj
March 3 2016 Clearwater Environmental Consultants, Inc. ���
www.ewenv.com
Mr. David Brown
US Army Corps of Engineers -Fl
151 Patton Avenue, Room 208 .i.iG
-„
Asheville, North Carolina 28801
RE: Response to Corps Comments
Seven Falls Bonded Phases
Henderson County, North Carolina
Action ID SAW -2013-01159; DWR Project # 07-1505 v4
Dear Mr. Brown,
Please reference the letter dated January 6, 2016 (Attachment A) sent by the US Army
Corps of Engineers (Corps) in response to the permit application submitted by
C1earWater Environmental Consultants, Inc. (CEC), on behalf of Henderson County
represented by Mr. Marcus Jones. The permit application requested written authorization
for the unauthorized impacts associated with development of the Seven Falls residential
development. The comments provided by the Corps are summarized and discussed
below.
Comments Provided by the Wildlife Resources Commission (WRC)
The WRC offered several recommendations regarding on-site sedimentation and
the proposed mitigation. Responses to each of the WRC's concerns are discussed
in a separate letter addressed to the Corps dated March 3, 2016.
Comments Provided by the Corps
Corps Comment #1 - "Per letter dated November 9, 2015, (ER 07-0660) from the 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."
After review of recent aerial photographs (Figure 1) and a visit to the site
(photographs attached, Attachment B), it is the opinion of CEC that portions of
site 31 HN220 within the road corridor lack integrity and have been destroyed as a
result of road construction in 2008. The area is devoid of vegetation and the
ground surface has been graded and significantly disturbed. Data recovery within
previously disturbed areas of the road corridor would not likely yield significant
32 Clayton Street
Asheville, NC 28801
828- 698-9800 Tel

Mr, David Brown
03,03.16
Page 2 of 6
findings due to the extensively altered ground surface. To verify the assumptions
regarding the integrity of site 31 HN220 within the road corridor, CEC has invited
a representative of SHPO to the site to review and assess current conditions.
Portions of site 31 HN220 that have not been disturbed are within Lot 154 which
is not owned by Henderson County. Henderson County has no development
rights on the lot and cannot legally pursue data recovery within Lot 154.
Henderson County is not proposing a Memorandum of Agreement or Data
Recovery Plan as a part of the proposed project.
Corps Comment #2 - "In the supporting documents submitted with the permit
application, future plans for sewer and water corridors indicate possible impacts to
waters of the US outside the bonded area. The permit application states that the
applicant has no authority to expend funds from the bond in areas outside the bonded
phases. Please explain this inconsistency."
At present, the Court has not allocated funds for additional infrastructure
improvements or permitting (other than roads); therefore, utilities were not
included in the permit application. However, conceptual plans for water and
sewer were completed in September of 2014 and provide an overview of desired
on-site and off-site utilities for the site. In an effort to be transparent, these plans
were included in the permit application to show the desired and most logical place
for utilities should the bonding funds be available to complete them and should
development rights be granted. At present, conceptual plans place utilities under
existing roads within the Seven Falls development and off-site utilities in the road
shoulder of existing DOT roads. It is important to note that these plans are
conceptual and subject to change. For instance, ideally sewer would be gravity -
fed; however, to accomplish this for Seven Falls, sewer lines would need to
traverse property owned by Seven Falls, LLC. At present, Henderson County has
not been granted development rights for property outside of the road rights-of-
way. As such, Henderson County cannot legally pursue a sewer connection
through property owned by Seven Falls, LLC (as shown on the Sewer Collection
System plan). At this time, utilities are not proposed as a part of this project.
Once bond funds are allocated for utilities and if additional development rights
are granted, additional permits and/or modifications would be requested, if
needed. Regardless of the final utility plans, any crossing of the French Broad
River would be directionally drilled.
Corps Comment #3 - "Existing impact 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."
It is the understanding of the applicant that the issued permit would require
provisions for aquatic life passage at the road crossings previously installed at

Mr, David Brown
03.03 . 16
Page 3 of 6
Seven Falls. The project engineers have reviewed the crossing locations
identified by the Corps and have developed remedial actions to be included as
Special Conditions of the issued permit. The identified crossings are noted on the
attached map (Figure 2). Remedial actions include installation of a "splash rock"
and an "engineered solution". Installation of a splash rock would include
placement of a large flat boulder (minimum 2 -foot by 2 -foot) below the culvert
and angled down to meet the existing stream bottom. The boulder would be
installed so that the culvert would be overlapping the boulder by at least 4 inches
(Figure 3). The engineered solution would include excavating a small portion of
the road embankment, cutting off a portion of the existing culvert, and installing
two junction manholes. Between the junction manholes would be an angled
culvert that decreases the elevation of the culvert so that the culvert outlet would
be at the existing stream bed elevation (Figure 4). A site-specific design for each
engineered solution would be prepared and submitted after issuance of the permit.
Remedial action would require additional stream impacts at each crossing
location. Listed below are the culverts identified in the comment, the proposed
remedial action, and the additional stream impact required.
• Culvert #3 — Splash rock, 5 additional linear feet of stream impact
required.
® Culvert #5 — Splash rock, 5 additional linear feet of stream impact
required.
® Culvert #9 — Culvert #9 would need to be increased to 115 linear feet (per
permit application); the culvert diameter also needs to be increased. The
existing culvert would be removed and replaced with a culvert of the
required length and diameter. The new culvert would be installed to allow
for aquatic life passage.
® Culvert #10 — Engineered solution, 30 additional linear feet of stream
impact required.
® Culvert #11 — Engineered solution, 30 additional linear feet of stream
impact required.
• Culvert #12 — Engineered solution, 30 additional linear feet of stream
impact required. An additional 75 linear feet of stream restoration would
occur below Culvert #12. Natural channel design including activities such
as the installation of step -pools, bank sloping, and supplemental plantings
would be included in the plan. A conceptual plan is included for review
(Figure 5); a final design would be provided for review and approval after
issuance of the permit.
• Culvert #13 — Splash rock, 5 additional linear feet of stream impact
required.
Each culvert location identified above would be visually monitored for one year.
Results of the monitoring would be submitted to the Corps and NC Division of
Water Resources (DWR) for review.

Mi. David Brown
03.03.16
Page 4 of 6
Corps Comment #4 — "Per letter dated December 2, 2015, from DWR, provide an
assessment for all streams in the project area. ff 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."
It is the understanding of the applicant that the issued pen -nit would require
removal of accumulated sediment within several stream channels at Seven Falls.
CEC conducted an assessment of all streams and wetlands within the bonded
phase of Seven Falls during June of 2015 and has developed the following
sediment removal strategy to be included as a Special Condition of the issued
permit.
The applicant would propose to remove sediment only in areas dominated by
pockets of fine sediment and sands in excess of 4 inches. Any sediment
accumulation less than 4 inches and areas with sediment deposition mixed with
native gravels and cobble would be left in place. CEC identified four stream
reaches as needing sediment removal: three unnamed tributaries (UT) to Folly
Creek and one UT to Little Willow Creek (Figure 2). Each reach is discussed
below.
® Sediment Removal 1 (UT Little Willow Creek) is below Culvert #3 and
Culvert #4. There is approximately 70 linear feet of stream channel that has
accumulated sediment below Culvert #4 due to silt fencing in the stream. As
a part of remedial action requested by the DWR for this area, the silt fencing
would be removed and the stream channel below Culvert #4 would be
rerouted into the stream channel below Culvert #3 (Figure 6). A site-specific
design for remedial actions below Culvert #3 and Culvert #4 would be
prepared and submitted after issuance of the permit. Some sediment would
need to be removed from behind the silt fence prior to removal to eliminate
chances of sediment entering the channel below Culvert #3. Any remaining
sediment would be matted and seeded in place. Sediment removal in this
location would likely take place by hand (shovels and buckets). The sediment
would be placed at least 30 feet from the strearn channel and stabilized.
• Sediment Removal 2 (UT Folly Creek) is located immediately upslope of an
old logging road. It appears that an old debris jam caused sediment to collect
in this area. Sediment removal would be limited to the area behind the debris
jam. Sediment removal in this location would take place by hand (shovels and
buckets). The sediment would be placed at least 30 feet from the stream
channel and stabilized.
• Sediment Removal 3 (UT Folly Creek) is located immediately upslope of a
fallen tree in the channel. It appears that the fallen tree caused sediment to
collect in this area. Sediment removal would be limited to the area upslope of
the fallen tree. Sediment removal in this location would likely take place by
hand (shovels and buckets). The sediment would be placed at least 30 feet
from the stream channel and stabilized.

Mr, David Brown
03.03.16
Page 5 ol'6
Sediment Removal 4 (UT Folly Creek) is located in the steep valley on the
southeastern property boundary. Sources of sediment include an unstable
headcut within Lot 139. Sediment is concentrated in localized areas and
varies in depth from 4-16 inches. Sediment removal would be limited to the
localized areas. Sediment removal in this location would take place by hand
(shovels and buckets) and, due to steep terrain, the sediment would be placed
5-30+ feet from the stream channel (depending on location) and stabilized.
Prior to sediment removal at each of the removal areas identified, two coir logs
would be staked into the stream channel at different locations downstream of the
removal areas. These logs would act as temporary sediment dams during the
removal process. Sediment removal would be conducted upstream to downstream
and sediment that is resuspended and collected behind the logs would be -removed
upon completion of the sediment removal in the upstream reach.
A report documenting existing stream conditions at each sediment removal
location would be submitted prior to commencement of the proposed work.
Subsequently, a report documenting stream conditions after sediment removal
occurs would also be submitted for approval. CEC would monitor on-going
sediment removal at regular intervals and DWR would approve the work when
complete.
Corps Comment #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 2001-2008 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 application 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."
It is the understanding of the applicant that the issued permit would require 2:1
mitigation for existing impacts at Seven Falls. The applicant would like to
modify the existing mitigation proposal to include payment into the NC Division
of Mitigation Services (DMS) at a 2:1 ratio for total mitigation credits of 3,584
linear feet of streams (1,792 x 2). The proposed payment does not include
mitigation for impacts associated with the engineered solution, splash rocks,

Mr. David Brown
03.03.16
Page 6 of 6
stream restoration, or headcut repair. By letter dated September 29, 2015, DMS
has indicated they are willing to accept payment for impacts that may require
compensatory mitigation up to 1,792 linear feet associated with development of
the Seven Falls bonded phases. The acceptance letter is enclosed for review
(Attachment Q.
The applicant believes the information submitted in this package addresses all issues set
forth by the Corps in their letter dated January 6, 2016. Should you have any questions
or comments concerning this project please do not hesitate to contact me at 828-698-
9800.
Sincerely,
Rebekah N. Reid R Clement Riddle, P.W.S.
Senior Project Manager Principal
t f, NC ,Div fWater Resources , Jennifer Burdeft,

Seven Falls Bonded Phases (+/- UZ AU)

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Attachment
• l

DEPARTMENT OF THE ARMY
WI LM INCTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
January 6, 2016
Action ID: SAW -2013-01159
ClearWater 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.
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
3 1 HN220 in order to comply with Section 106 of the National Historic Preservation
Act.
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 pen -nit 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 sedirrient
impacts within project area streams.
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
deten-nination 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,
David Brown, PG
Regulatory Specialist/Geologist
Asheville Regulatory Field Office
Copy:
Henderson County
Attn.: Marcus Jones, Director of Engineering
I 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

Attachment

Photo 1. Looking west. Cultural resource area within the road corridor has been cleared
and graded.
Photo 1. Looking northwest. Cultural resource area within the road corridor has been
cleared and graded.

Attachment C
DMS Acceptance
(dated September 29, 2015)

Pat McCrory
Governor
Marcus Jones
Henderson County
I Historic Courthouse Square
Hendersonville, NC 28792
Project: Seven Falls
Division of Mitigation Services
September 29, 2015
Donald R, van der Vaart
Secretary
Expiration of Acceptance: March 29, 2016
County: Henderson
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for
compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this
decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the pennit issuing agencies
as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the
DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations
associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to DMS, Once DMS receives a copy of the permit(s) an invoice will be issued based on
the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu
fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed at http://portal.ncdenr.org/webicep.
Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation are
summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by
permitting agencies and may exceed the impact amounts shown below.
Upon receipt of'payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed
in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information,
please contact Kelly Williams at [phone].
Sincerely,
C
Jame," Stanfill
Asset Management Supervisor
David Brown, USACE-Asheville
Rebekah Newton, agent
1652 Mail Service Center, Raleigh, North Carolina 27699-1652
Phone: [phone] Internet: http:i'lpomal.ncdenr,org/web/eep
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River Basin
Cu
Stream (feet)
Wetlands (acres) Buffer I Buffer 11
LA)eation
(Sq. Ft) (Sq. Ft.)
Cold
Cool
Warm
Riparian
Non -Riparian
Coastal Marsh
[Impact
French
06010105
0
1,792
0
0
0
0 0 0
Broad
Upon receipt of'payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed
in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information,
please contact Kelly Williams at [phone].
Sincerely,
C
Jame," Stanfill
Asset Management Supervisor
David Brown, USACE-Asheville
Rebekah Newton, agent
1652 Mail Service Center, Raleigh, North Carolina 27699-1652
Phone: [phone] Internet: http:i'lpomal.ncdenr,org/web/eep
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