20071505 Ver 4_More Info Received_20160922

Burdette, Jennifer a
From: Rebekah Reid <[e-mail]>
Sent: Thursday, September 22, 2016 1:53 PM
To: Burdette, Jennifer a
Cc: Brown, David W SAW; Higgins, Karen
Subject: Seven Falls Bonded Phases
Attachments: 696 Response to DWR Comments (O9.22.16).pdf
Jennifer,
Please see the attached letter regarding Seven Falls. As discussed, this letter simultaneously withdraws and reapplies for
the certification and provides information regarding Henderson County as the applicant and their intentions. If you need
anything else, please let me know.
Also, if I need to officially send hard copies, I'll be glad to do thatjust let me know. Thank you.
Rebekah N. Reid
32 Clayton Street
Asheville, NC 28801
Office: 828-698-9800
Mobile: [phone]
rebekah(�cwenv.com
kW -
Please consider the environment before printing this e-mail.

CLearWaLer
CiearWater Environmental Consultants, Inc.
September 22, 2016 www.cwenv.com
Ms. Karen Higgins
NC DWR, 401 Permitting & Buffer Unit
512 N. Salisbury Street, 9th Floor
Raleigh, North Carolina 27604
RE: Request for More Information
Seven Falls Bonded Phases
Henderson County, North Carolina
Action ID SAW -2013-01159; DWR Project # 07-1505 v4
Dear Ms. Higgins,
Please reference the pen -nit application submitted by ClearWater Environmental
Consultants, Inc. (CEG) 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
Seven Falls Bonded Phases project is approaching the October 1, 2016 NC Division of
Water Resources (DWR) Water Quality Certification (certification) issuance deadline.
Considering the deadline and at the request of the DWR, the applicant requests to
simultaneously withdraw and reapply for the certification.
By letter dated May 5, 2016 (Attachment A), the DWR provided comments regarding the
willingness of Henderson County to be the applicant for the proposed project. The DWR
comments are summarized and addressed below.
DWR Comment #1: "The Division has concerns about issuing the water quality
certification with conditions for final, site-specific designs to be submitted prior to
constructions when there isn't a responsible party to futflll these conditions. Please
clarify how compliance with the conditions of the certification will be ensured if the
county is not the applicant for the proposed project."
Henderson County (County) is willing to be applicant for the proposed project
associated with the development of the Seven Falls residential subdivision. It is
the County's understanding that the requirement to fulfill any certification
conditions, including site-specific designs, is enforceable only after the First Time
Out is issued by the US Army Corps of Engineers (Corps) and signed by a
representative of the County. Until time of signature, the Corps permit and DWR
certification are not actionable by the County or the agencies. It is the intent of
the County for the permit to remain unsigned (not actionable) until a suitable third
party retains responsibility for the Seven Falls residential development. At that
32 Clayton Street
Asheville, NC 28801
828-698-9800 Tel

Ms. Higgins
091116
Page 2 of
time, the permit/certification would be transferred to the third party. This new
party would then be responsible for fulfilling any certification conditions
associated with the project.
The applicant believes the information submitted in this package addresses all issues set
forth by the DWR in their letter dated May 5, 2016. Should you have any questions or
comments concerning this project please do not hesitate to contact me at 828-6989800.
Sincerely,
Rebekah N. Reid
Senior Project Manager
Cc: US Army Corps of Engineers, Asheville — David Brown

Attachment A
DVvrR Request for Additional Information
(dated May 5, 2016)

WaorRezm''e-5
May 5, 2016
Henderson County
Attn: Mr. MorcusJones
1 Historic Courthouse Square
Hendersonville, NC2879Z
Subject: REQUEST FOR ADDITIONAL INFORMATION
Seven Falls Bonded Phases
Dear Mr. Jones:
13ATKJCCK0DY
^~''°"
DONALDR.VA IND[&VA AKT
S. JAY Z|&lMEKMAN
DVVR#Q7'15O5v4
Henderson County
OnOctober I'2O15,the Division ofWater Resources (Division)received your application dated
September 29, 2015, requesting an Individual Water Quality Certification from the Division for the subject
project. Representatives of the Asheville Regional Office (ARO) visited the Seven Falls Bonded Phases
project onAugust 1I^ZOl5and November G'ZOlS. OnDecember 2^2O15,the Division requested
additional information and received aresponse onMarch 7,2OlG� The Division has determined that your
application is incomplete and cannot be processed. The application Is on -hold until all of the following
information is received:
Several ofthe responses included conceptual plans toaddress the requested information with
notes that final, site-specific designs would beprovided upon permit issuance. The Division may
issue the individual water quality certification with conditions to require final, site-specific designs
for culverts to be replaced or modified and stream restoration and stabilization activities. On
April O' 2016' Henderson County representatives met with the current Seven Falls property
owners and indicated the County's in@bility to act as the applicant for the permit. The Division
has concerns about issuing the water quality certification with conditions for final, site-specific
designs tube submitted prior tmconstruction when there ixn'ta responsible party tofulfill these
conditions. Please clarify how compliance with the conditions of the certification will be ensured
ifthe county isnot the applicant for the proposed project.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish @11 of the above requested
information for the proper consideration ofthe application. Please respond inwriting within 30 calendar
days of receipt of this letter by sending three copies of all of the above requested information to the 401
& Buffer Permitting Branch, 16l7Mail Service Center, Raleigh, N[27699'16l7. |fall ofthe requested
information is not received in writing within 3Qcalendar days of receipt of this letter, the Division will be
unable to approve the application and it will be returned, The return of this project will necessitate
reapplication tmthe Division for approval, including complete application package and the appropriate
Please be aware that you have no authorization under the Section 401 of the Clean Water Actfor this
activity and any work done within waters of the state may be a violation of North Carolina Genera I
Stale an"^ Carolina � EtIvirolime"Tal QUalih / WaWT Rcssa=es 1401 & Buffcr ,tn"milIg
/m7wail =m ice c"mur.Raleigh, *"mc=»inizr0"m//

Henderson County
Vwn#07-15V5v4
Request for Additional Information
Page 2ofZ
Statutes and Administrative Code.
Contact Zan Price at8Z8'296~45[0or orJennife/Burdetteat919'8O7'63G4o/
lennifer,[e-mail] if you have any questions or concerns.
Karen Higgins, Supervis r
401 & Buffer Permitting Branch
cc: R. Clement Riddle, ClearWater Environmental Consultants, Inc., 32 Clayton Street, Asheville,
N[388O1
USA[EAsheville Regulatory Field Office
DVVRARO 4O1file
DWR 401 & Buffer Permitting Branch file
Filename: o7zsnsv4Seven paw,00ndemphases *cn old zdocx