20071505 Ver 4_USACE Ind Pmt 1st Time Out Letter_20161208

°/• DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
November 30, 2016
Regulatory Division
Action ID: SAW -2013-01159
E 0 2016
Marcus Jones
Director of Engineering
Henderson County
1 Historic Courthouse Square, Suite 6
Hendersonville, North Carolina 28792
Dear Mr. Jones:
In accordance with your written request of October 1, 2015 and the ensuing administrative
record, enclosed are two copies of a permit to place fill in 2,092 liner feet of stream channel and
0.01 acres of wetlands, resulting in permanent impacts to waters of the U.S., for the bonded phases
of the Seven Falls residential development. Of the above noted fill impacts, 1,792 linear feet of
stream impacts and 0.01 acres of wetland impacts are to complete stream crossings for road
infrastructure, with 1,600 linear feet of stream impacts for existing unauthorized impacts and 192
linear feet for new stream impacts. Of the 2,092 linear feet of stream impacts, 300 linear feet are
associated with remedial actions to provide aquatic life passage at existing stream crossings,
stabilize stream bank/bed in the vicinity of existing stream crossings, remove excessive sediment
from stream beds in the effort to restore stream reaches, and stabilize stream bed/bank at a large
stream head -cut.
You should acknowledge that you accept the terms and conditions of the enclosed permit by
signing and dating each copy in the spaces provided ("Permittee" on page 3). Your signature, as
permittee, indicates that, as consideration for the issuance of this permit, you voluntarily accept
and agree to comply with all of the terms and conditions of this permit. All pages of both copies
of the signed permit with drawings should then be returned to this office for final authorization.
A self-addressed envelope is enclosed for your convenience.
Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A $10 fee will
be charged for permit applications when the work is noncommercial in nature and provides
personal benefits that have no connection with a commercial enterprise... ", and "A fee of $100
will be charged for permit applications when the planned or ultimate purpose of the project is
commercial or industrial in nature and is in support of operations that charge for the production,
distribution, or sale of goods or services." As your application fits the latter category, you are
requested to remit your check for $100, made payable to the Finance and Accounting Officer,
USAED, Wilmington. The check should accompany the signed and dated copies of your permit.

Q
This correspondence contains a proffered permit for the above described site. If you object to
this decision, you may request an administrative appeal under Corps regulations at 33 CFR part
331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for
appeal (RFA) form. If you request to appeal this decision you must submit a completed RFA
form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Mr. David Brown
69 Darlington Avenue
Wilmington, North Carolina 28403
In order for an RFA to be accepted by the Corps, the Corps must determine that it is
complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been
received by the Division Office within 60 days of the date of the NAP. Should you decide to
submit an RFA form, it must be received at the above address by January 29, 2017.
It is not necessary to submit an RFA form to the Division Office if you do not object to the
decision in contained in this correspondence.
After the permit is authorized in this office, the original copy will be returned to you; the
duplicate copy will be permanently retained in this office. If you have questions, please contact
Mr. David Brown at the Asheville Regulatory Field Office, telephone [phone], extension
232.
Thank you in advance for completing our Customer Survey Form. This can be accomplished
by visiting our website at htlp:Hcorpsmapu.usace.anny.mil/cm apex/f?p=136:4:0 and completing
the survey on-line. We value your comments and appreciate your taking the time to complete a
survey each time you interact with our office.
Sincerely,
Kevin P. Landers, Sr.
Colonel, U.S. Army
District Commander
Enclosures

3
cc (with enclosures):
v,A4s. Karen Higgins
NCDEQ-DWR
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
Mr. Zan Price
NCDEQ-DWR
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
NCDEQ-DMS
Ms. Kelly Williams
1652 Mail Service Center
Raleigh, North Carolina 27699-1652
Ms. Renee Gledhill -Early
NCDNCR-SHPO
4617 Mail Service Center
Raleigh, North Carolina 27699-4617
EBCI-THPO
Ms. Holly Austin
P.O. Box 455
Cherokee, North Carolina 28719
Mr. Clement Riddle
C1earWater Environmental Consultants, Inc.
32 Clayton Street
Asheville, North Carolina 28801
11
DEC 01

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Applicant: Henderson County File Number: Date:
Attn.: Marcus Jones, Director of Engineering SAW-2013-01159 November 30, 2016
Attached is: See Section below
®I INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A
F-11 PROFFERED PERMIT (Standard Permit or Letter ofpermission) B
❑ PERMIT DENIAL C
❑ APPROVED JURISDICTIONAL DETERMINATION D
❑ PRELIMINARY JURISDICTIONAL DETERMINATION E
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A: INITIAL PROFFERED PERMIT: You may permit.
y accept or object to the
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II -'REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL, OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has detennined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR OUESTIONS OR MFORMATIQN
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
District Engineer, Wilmington Regulatory Division,
CESAD-PDO
Attn: Mr. David Brown
U.S. Army Corps of Engineers, South Atlantic Division
USACE
60 Forsyth Street, Room 10M15
151 Patton Avenue, Room 208
Atlanta, Georgia 30303-8801
Asheville, NC 28801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Mr. David Brown, 69 Darlington Avenue,
Wilmington, North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room IOM15, Atlanta, Georgia
30303-8801
Phone: [phone]

t • ' __ : 11 iI
Permittee Henderson County
Permittee No. SAW -2013-01159
Issuing Office CESAW-RG-A
NOTE: The term 'you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office"
refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate
official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:
To place fill in 2,092 liner feet of stream channel and 0.01 acres of wetlands, resulting in permanent impacts to waters of the
U.S., for the bonded phases of the Seven Falls residential development. Of the above noted fill impacts, 1,792 linear feet of
stream impacts and 0.01 acres of wetland impacts are to complete stream crossings for road infi•astructure, with 1,600 linear
feet of stream impacts for existing unauthorized impacts and 192 linear feet for new stream impacts. Of the 2,092 linear feet
of stream impacts, 300 linear feet are associated with remedial actions to provide aquatic life passage at existing stream
crossings, stabilize stream bank/bed in the vicinity of existing stream crossings, remove excessive sediment from stream
beds in the effort to restore stream reaches, and stabilize stream bed/bank at a large stream head -cut.
Project Location:
Seven Falls residential development, Henderson County, NC
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2021 . If you find that you need more time
to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions
of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good
faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the
authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit
from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this
permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of
Historic Places.
ENG FORM 1721, NOV 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A)) (Proponent CECW-OR)

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and
forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the
certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is
being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
SEE ATTACHED
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( F-�) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(ZX) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( F-1) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413)
2. Limits of the authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or behalf of the United
States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this
permit.
d. Design or construction deficiencies associated with the permitted work.
(REVERSE OF ENG FORM 1721)

e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest
was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this perinit at any time the circumstances warrant.
Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
(PERMITTEE) HENDERSON COUNTY
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
(DISTRICT COMMANDER) KEVIN P. LANDERS, SR.
COLONEL, U.S. ARMY
(DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE)
(DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

WORK LIMITS
1.0 CONSTRUCTION PLANS: All work authorized by this permit must be performed in strict
compliance with the attached plans, which are a part of this permit. Any modification to these
plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation.
2.0 UNAUTHORIZED DREDGE OR FILL: Except as authorized by this permit or any USACE
approved modification to this permit, no excavation, fill or mechanized land -clearing activities
shall take place at any time in the construction or maintenance of this project, within waters or
wetlands. This permit does not authorize temporary placement or double handling of excavated
or fill material within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.
3.0 MAINTAIN CIRCULATION AND FLOW OF WATERS: Except as specified in the plans
attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place
at any time in the construction or maintenance of this project, in such a manner as to impair
normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters
or wetlands.
4.0 DEVIATION FROM PERMITTED PLANS: The permittee shall ensure that the construction
design plans for this project do not deviate from the permit plans attached to this authorization.
Written verification shall be provided that the final construction drawings comply with the
attached permit drawings prior to any active construction in waters of the United States,
including wetlands. Any deviation in the construction design plans will be brought to the
attention of the Corps of Engineers, Mr. David Brown, Asheville Regulatory Field Office prior
to any active construction in waters or wetlands.
5.0 PRE CONSTRUCTION MEETING: The Permittee shall schedule an onsite preconstruction
meeting between its representatives, the contractor's representatives and the appropriate Corps of
Engineers Project Manager prior to undertaking any work within jurisdictional waters and
wetlands to ensure that there is a mutual understanding of all terms and conditions contained
within the Department of the Army permit. The Permittee shall notify the Corps of Engineers
Project Manager a minimum of thirty (30) days in advance of the scheduled meeting in order to
provide that individual with ample opportunity to schedule and participate in the required
meeting.
RELATED LA
6.0 WATER CONTAMINATION: All mechanized equipment will be regularly inspected and
maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic
fluids, or other toxic materials. In the event of a spill of petroleum products or any other

hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality
at [phone] or [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
CULTURAL RESOURCES
7.0 The Permittee shall fully implement the Memorandum of Agreement between the Permittee,
the North Carolina State Historic Preservation Officer and the Wilmington District US Army
Corps of Engineers, dated November 7, 2016, which is incorporated herein by reference.
PROJECT MAINTENANCE
8.0 NOTIFICATION OF CONSTRUCTION COMMENCEMENT AND COMPLETION: The
permittee shall advise the Corps in writing prior to beginning the work authorized by this permit
and again upon completion of the work authorized by this permit.
9.0 CLEAN FILL: Unless otherwise authorized by this permit, all fill material placed in waters
or wetlands shall be generated from an upland source and will be clean and free of any pollutants
except in trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used. Soils used for fill shall not be contaminated with
any toxic substance in concentrations governed by Section 307 of the Clean Water Act.
10.0 PERMIT DISTRIBUTION: The permittee shall require its contractors and/or agents to
comply with the terms and conditions of this permit in the construction and maintenance of this
project, and shall provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this permit. A copy of this permit, including all
conditions, shall be available at the project site during construction and maintenance of this
project.
11.0 SILT -FENCING: The permittee shall employ all sedimentation and erosion control
measures necessary to prevent an increase in sedimentation or turbidity within waters and
wetlands outside the permit area. This shall include, but is not limited to, the immediate
installation of silt fencing or similar appropriate devices around all areas subject to soil
disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed
areas. Additionally, the project must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A
Article 4).
12.0 PERMIT REVOCATION: The permittee, upon receipt of a notice of revocation of this
permit or upon its expiration before completion of the work will, without expense to the United
States and in such time and manner as the Secretary of the Army or his authorized representative
may direct, restore the water or wetland to its pre -project condition.
13.0 EROSION CONTROL MEASURES IN WETLANDS: The permittee shall remove all
sediment and erosion control measures placed in wetlands or waters, and shall restore natural
grades in those areas, prior to project completion.
-2-

ENFORCEMENT
14.0 REPORTING ADDRESS: All reports, documentation and correspondence required by the
conditions of this permit shall be submitted to the following address: U.S. Army Corps of
Engineers, Regulatory Division, Asheville Regulatory Field Office, c/o Mr. David Brown, 151
Patton Avenue, Room 208, Asheville, NC 28801-5006 and by telephone at: 828-271-7980. The
Permittee shall reference the following permit number, SAW -2013-01159, on all submittals.
15.0 REPORTING VIOLATIONS OF THE CLEAN WATER ACT AND RIVERS AND
HARBORS ACT: Violation of these conditions or violation of Section 404 of the Clean Water
Act of Section 10 of the Rivers and Harbors Act must be reported in writing to U.S. Army Corps
of Engineers, Regulatory Division, Asheville Regulatory Field Office, c/o Mr. David Brown, 151
Patton Avenue, Room 208, Asheville, NC 28801-5006 and by telephone at: 828-271-7980,
within 24 hours of the permitee's discovery of the violation.
16.0 COMPLIANCE INSPECTION: A representative of the Corps of Engineers will
periodically and randomly inspect the work for compliance with these conditions. Deviations
from these procedures may result in an administrative financial penalty and/or directive to cease
work until the problem is resolved to the satisfaction of the Corps.
COMPENSATORY MFhIGATION
17.0 MITIGATION: In order to compensate for impacts associated with this permit, mitigation
shall be provided in accordance with the provisions outlined on the most recent version of the
attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form,
including any special conditions listed on this form, are hereby incorporated as special conditions
of this permit authorization.
CONCRETE CONDITION
18.0 PROHIBITIONS ON CONCRETE: The permittee shall take measures to prevent live or
fresh concrete, including bags of uncured concrete, from coming into contact with any water in
or entering into waters of the United States. Water inside coffer dams or casings that has been in
contact with concrete shall only be returned to waters of the United States when it no longer
poses a threat to aquatic organisms (concrete is set and cured).
CT TT VP R TC
19.0 INSTALLATION OF CULVERTS: For construction of culverts, measures will be included
in the construction that will promote the safe passage of fish and other aquatic organisms. For all
culvert construction activities, the dimension, pattern, and profile of the stream, (above and
below a pipe or culvert), should not be modified by widening the stream channel or by reducing
the depth of the stream. Culvert inverts will be buried at least one foot below the bed of the
stream for culverts greater than 48 inches in diameter. For culverts 48 inches in diameter or
smaller, culverts must be buried below the bed of the stream to a depth equal to or greater than
20 percent of the diameter of the culvert.
- 3 -

ESA
20.0 THREATENED AND ENDANGERED SPECIES: All necessary precautions and measures
will be implemented so that any activity will not kill, injure, capture, harass, or otherwise harm
any protected federally listed species. While accomplishing the authorized work, if the permittee
discovers or observes a damaged or hurt listed endangered or threatened species, the District
Engineer will be immediately notified to initiate the required Federal coordination.
OTHER
21.0 TURBIDITY BARRIERS: Prior to the initiation of any of the work authorized by this
permit the Permittee shall install floating turbidity barriers with weighted skirts that extend to
within 1 foot of the bottom around all work areas that are in, or adjacent to, surface waters. The
turbidity barriers shall remain in place and be maintained until the authorized work has been
completed and all erodible materials have been stabilized.
22.0 AS -BUILT CONSTRUCTION PLANS: Upon completion of each construction phase, the
permittee shall submit to the Corps as -built plans for those portions that affect waters of the U.S.,
within 4 months following the completion of construction. The as -built plans shall include, but
not necessarily be limited to, grading, structures and activities in or affecting wetlands and
waters of the U.S.
23.0 REMEDIAL ACTION PLAN FOR AQUATIC PASSAGE: Final design plans to provide
aquatic passage at existing stream crossings, culverts 3, 5, 9, 10, 11, 12, and 13, shall be
submitted to the Corps for review and approval prior to construction. The plan is to be based
upon the concepts in the attached Remedial Action Plan for Aquatic Life Passage.
24.0 STREAM STABILIZATION/SEDIMENT REMOVAL PLAN: Final design plans to for
stream restoration and stabilization at UT of Little Willow Creek below culverts 3 and 4; UT
Folly Creek immediately upslope of a former logging access road; UT Folly Creek immediately
upslope of a fallen tree in the channel; and UT Folly Creek in a steep valley below and at an
unstable head -cut at Lot 139. The plan is to be based upon the concepts in the attached Stream
Stabilization / Sediment Removal Plan.
UTILITY LINES
25.0 Prior to construction within any jurisdictional areas, the permittee must correctly install silt
fencing (with or without safety fencing) parallel with the utility line corridor, on both sides of the
jurisdictional crossing. This barrier is to serve both as an erosion control measure and a visual
identifier of the limits of construction within any jurisdictional area. The permittee must
maintain the fencing, at minimum, until the wetlands have re -vegetated and stabilized.
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Water Resources
ENVIRONMENTAL QUALITY
October 19, 2016
Henderson County
Attn: Mr. Marcus Jones
1 Historic Courthouse Square
Hendersonville, NC 28792
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR # 07-1505 v5
Henderson County
Subject: After -the -Fact Approval of Individual 401 Water Quality Certification with
Additional Conditions
Seven Falls Bonded Phases
USAGE Action ID. No, SAW -2013-01159
Dear Mr. Jones:
Attached hereto is a copy of Certification No. 4074 issued to Mr. Marcus Jones and Henderson
County, dated October 19, 2016. Please note that you should get any other federal, state or local
permits before proceeding with the subject project, including those required by (but not limited
to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within
sixty (60) calendar days.
A petition form maybe obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
State of North Carolina J Environmental Quality ( Water Resources
1617 Mail Service Center j Raleigh, North Carolina 27699-1 61 7
919 807 6300

Mailing address for the OAH:
Ifsending via LS Postal Service:
Office ofAdministrative Hearings
G714Mail Service Center
Raleigh, NC27699-6714
Henderson County
DWR#O7-lS05v5
Individual Certification #4074
Page 2 of 11
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
I711New Hope Church Road
Raleigh, N[276O9-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
Sam K4.Hayes, General Counsel
Department ofEnvironmental Quality
16O1Mail Service Center
Raleigh, INC 27699'16O1
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A N[A[02H .0500. Contact Zan Price at 828-296-4500 or or
Jennifer Burdetteat919-D07-6364or if you have any questions
or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Rebecca Reid, ClearVVaterEnvironmental Consultants, |nc,32Clayton Street,
Asheville, N[288O1
USACEAsheville Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DVVRARO 4O1file
DVVR401&Buffer Permitting Branch file
Filename: 071505v5SevenFaUs8ondedPhases(Hendecmn)_401J[docx

Henderson County
DWR# 07-1505 v5
Individual Certification #4074
Page 3 of 11
CERTIFICATION #4074 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC
02H .0500, to Mr. Marcus Jones and Henderson County, who have authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on October 1, 2015 and subsequent information on March 7, 2016 and June
8, 2016, by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division
on October 14, 2015 and by re-application request received by the Division on September 22,
2016.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
Impacts Approved
The following existing and proposed impacts are hereby approved provided that all of the
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B .0506(b) & (c)]
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
Stream
S1— Proposed Impact #1
Road Crossing
104 (linear feet)
0 (linear feet)
S2 — Existing Impact #2
Road Crossing
93 (linear feet)
0 (linear feet)
S3 —Existing Impact #3
Road Crossing
113 (linear feet)
0 (linear feet)
S4 —Proposed Impact #3
Splash Rock
5 (linear feet)
0 (linear feet)
55 —Existing Impact #4
Road Crossing
43 (linear feet)
0 (linear feet)
S6 — Proposed Impact #3&4
Stream Restoration)
70 (linear feet)
0 (linear feet)
S6 — Existing Impact #5
Road Crossing
62 (linear feet)
0 {linear feet)

Henderson County
Individual Certification #4074
Page 4 of 11
Type of Impact
Amount Approved (unit
mount Approved (units)
Permanent
Temporary
Stream
S7 —Proposed Impact #5
5 (linear feet)
0 (linear feet)
Splash Rock
S8 — Existing Impact #6
245 (linear feet)
0 (linear feet)
Road Crossing
S9 — Existing Impact #7
106 (linear feet)
0 (linear feet)
Road Crossing
S10 — Existing Impact #9
57 (linear feet)
0 (linear feet)
Road Crossing
S11 — Proposed Impact #9
58 (linear feet)
0 (linear feet)
Road Crossing Culvert Extension
S12 — Existing Impact #10
147 (linear feet)
0 (linear feet)
Road Crossing
S13 — Proposed Impact #10
30 (linear feet)
0 (linear feet)
Engineered Solution
S14 — Existing Impact #11
101 (linear feet)
0 (linear feet)
Road Crossing
S15 — Proposed Impact #11
30 (linear feet)
0 (linear feet)
Engineered Solution
S16 — Existing Impact #12
168 (linear feet)
0 (linear feet)
Road Crossing
S17 — Proposed Impact #12
30 (linear feet)
0 (linear feet)
Engineered Solution
S18 — Proposed Impact #12
75 (linear feet)
0 (linear feet)
Stream Restoration'
S19 — Existing Impact #13
375 (linear feet)
0 (linear feet)
Road Crossing
S20 — Proposed Impact #13
5 (1 inea r feet)
0 (linear feet)
Splash Rock
S21 —Proposed Impact #14
30 (linear feet)
0 (linear feet)
Extension of Existing Compliant
Road Crossing
S22 — Existing Impact #15
90 (linear feet)
0 (linear feet)
Road Crossing
S23 — Proposed Impact
50 (linear feet)
0 (linear feet)
Headcut Repair/French Drain
Stream Totals
2,092 (linear feet)
0 (linear feet)
404/401 Wetlands
1 Mitigation is not required for stream restoration

Henderson County
DWR# 07-1505 v5
Individual Certification #4074
Page 5 of 11
2. The Stream Stabilization/Sediment Removal Plan required in Condition #6 shall be
completed prior to construction of any of the remaining proposed impacts approved
this CertificatioT.
3. Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the Division of Mitigation Services (DMS) to
meet this mitigation requirement. Until the DMS receives and clears your payment, and
proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment to the DMS to meet the following compensatory mitigation
requirement [15A NCAC 02H .0506 (b)(6)):
4. A final design plan including
culvert at Impact be submitted to the Divisionfor • approval prior to
constructio,v.
5. The Division approves the conceptual plans to restore aquatic life passage below the
culverts labeled as Impacts #9, #10, #11 and #12 provided by letter dated March 3, 2016
and received by the Division on March 7, 2016. Final design plans for culvert replacement
at Impact #9 and engineered solutions at Impacts #10 —12 to provide aquatic life passage
shall be submitted to the Division for review and approval prior to construction.
a. Visual monitoring of the culvert replacement and engineered solutions for aquatic
life passage shall be conducted at a minimum of quarterly for the first year or two
bankfull events (whichever is longer), and then annually thereafter. Annual reports
of the visual monitoring and photographic documentation shall be submitted every
year to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC
27699-1617 beginning after completion of the impact. Annual monitoring will
continue until the Division determines that the site is stable (particularly after storm
events) and vegetation is successful. Any failures of structures, stream banks, or
vegetation may require future repairs or replacement, which requires coordination
with the 401 & Buffer Permitting Branch to ensure the stability and water quality of
the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3))
Compensatory Mitigation
River & Sub -basin
RStream1,947
Required
Number
Broad
(feet)
LFrench
06010105
4. A final design plan including
culvert at Impact be submitted to the Divisionfor • approval prior to
constructio,v.
5. The Division approves the conceptual plans to restore aquatic life passage below the
culverts labeled as Impacts #9, #10, #11 and #12 provided by letter dated March 3, 2016
and received by the Division on March 7, 2016. Final design plans for culvert replacement
at Impact #9 and engineered solutions at Impacts #10 —12 to provide aquatic life passage
shall be submitted to the Division for review and approval prior to construction.
a. Visual monitoring of the culvert replacement and engineered solutions for aquatic
life passage shall be conducted at a minimum of quarterly for the first year or two
bankfull events (whichever is longer), and then annually thereafter. Annual reports
of the visual monitoring and photographic documentation shall be submitted every
year to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC
27699-1617 beginning after completion of the impact. Annual monitoring will
continue until the Division determines that the site is stable (particularly after storm
events) and vegetation is successful. Any failures of structures, stream banks, or
vegetation may require future repairs or replacement, which requires coordination
with the 401 & Buffer Permitting Branch to ensure the stability and water quality of
the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3))

Henderson County
DWR# 07-1505 v5
Individual Certification #4074
Page 6 of 11
6. The Division approves the conceptual stream restoration plans below the culverts labeled as
Impacts #3, #4 and #12 provided by letter dated March 3, 2016 and received by the Division
on March 7, 2016. Final design plans for stream restorations shall be submitted to the
Division for review and approval prior to any work within these stream channel segments.
Final design plans shall include a list of proposed vegetation to be planted, work in
the dry details, instream structure locations and details, matting specifications,
existing and proposed slopes, and the existing and proposed stream channel
pattern, profile and dimensions.
b. The permittee will provide on-site supervision of stability work including, but not
limited to, bank re -sloping, culvert installation, in -stream structure placement, and
riparian zone re-establishment by an appropriately trained individual_ [15A NCAC
02H .0506(b)(2)]
c. Native vegetation shall be used throughout this project. All tree and shrub plantings
within the proposed planting buffer shall be protected from mowing or clearing.
[15A NCAC 02H .0506(b)(2)]
Natural fiber matting shall be used for streambank stabilization. [15A NCAC 02H
.0506(b)(2)]
e. Stream bed habitat material, such as cobble and gravel, shall be harvested from
abandoned channels and relocated to new channels to the maximum extent
practicable. [15A NCAC 02H .0506(b)(2)]
Visual monitoring of stream restorations shall be conducted at a minimum of
quarterly for the first year or two bankfull events (whichever is longer), and then
annually thereafter. Annual reports of the visual monitoring and photographic
documentation shall be submitted every year to the 401 & Buffer Permitting Branch,
1617 Mail Service Center, Raleigh, NC 27699-1617 beginning after completion of the
impact. Annual monitoring will continue until the Division determines that the site
is stable (particularly after storm events) and vegetation is successful. Any failures
of structures, stream banks, or vegetation may require future repairs or
replacement, which requires coordination with the 401 & Buffer Permitting Branch
to ensure the stability and water quality of the stream and downstream waters.
[15A NCAC 02H .0506(b)(2) and (b)(3)]
g. Water shall not be released into the new channel until the stream and banks are
stabilized. [15A NCAC 02H .0506(b)(3)]
7. The Division approves the Stream Stabilization/Sediment Removal Pian provided by letter
dated March 3, 2016 and received by the Division on March 7, 2016.
a. Prior to commencement of stream stabilization/sediment removal activities,
details for stabilization of removed sediment shall be provided to the Division for

Henderson County
DWR# 07-1505 v5
Individual Certification #4074
Page 9 of 11
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
15. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200]
16. Placement of Culverts and Other Structures in Waters and Wetlands [15A NCAC 02H
.0506(b)(2) and (c)(2))
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and to 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, streams must be below the elevation of
the streambed by one (1) 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 48 inches, to allow
low flow passage of water and aquatic life.
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 rip rap or other bank hardening
methods.
17. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement of riprap
or other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)]

Henderson County
DWR# 07-1505 v5
Individual Certification #4074
Page 10 of 11
18. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, current action, or stream flows and consist of clean rock or masonry material
free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure integrity of bank stabilization
measures. [15A NCAC 02H .0506(b)(2)]
19. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15A NCAC 02B.0231]
20. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers within the project boundaries in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall be put in
place at the time of recording of the property, or of individual lots, whichever is appropriate.
A sample deed notification can be downloaded from the 401 &Buffer Permitting Branch
website at http:/Zportal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms. The
text of the sample deed notification may be modified as appropriate to suit to this project.
Documentation of deed notifications shall be provided to the Division upon request. [15A
NCAC 02H.0501 and .0502]
21. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
22. Continuing Compliance
Mr. Marcus Jones and Henderson County shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(4) of the Clean Water Act) and any other appropriate
requirements of State and Federal law. [15A NCAC 02B .0200] If the Division determines that
such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that State or federal law is being violated, or that further conditions are
necessary to assure compliance, the Division may reevaluate and modify this Certification.
Before modifying the Certification, the Division shall notify Mr. Marcus Jones and Henderson
County and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC
02H .0504. Any new or revised conditions shall be provided to Mr. Marcus Jones and
Henderson County in writing, shall be provided to the U.S. Army Corps of Engineers for
reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also
become conditions of the 404 Permit for the project.

Henderson County
ovvR#O7-l505v5
Individual Certification #4O74
Page I1of1l
23. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are anenforceable part ofthe Certification. |fyou change your project, youmnustnotifv
the Division and you may be required to submit a new application package with the
appropriate fee. |fthe property issold orthe project transferred,thenevvoxvnernnustbe
given a copy of this Certification and is responsible for complying with all conditions. Any new
owner must notify the Division and request the Certification be issued in their name. [15A
NCAC 0ZH.O5U1and.O5O2]
24.The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion
(available at:
35. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15AN[A[02H.0502(e)]
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless ofthe expiration date ofthis Certification. [15ANC4[0IH.O5O7(d)(2)and 15ANCA[
02H .0506]
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result incriminal and/or civil penalties.
This the 19thday ofOctober 201G
- `
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KIM

ARMY CORPS
OF
ENGINEER;..
Wilmington District I
Compensatory Mitigation Responsibility Transfer Forma
Permittee: Henderson County / Marcus Jones, Director of Engineering Action ID: SAW -2013-01159
Project Name: Seven Falls Bonded Phases County: Henderson
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur
in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at
the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project
Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply
with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted impacts Requiring Mitigation* 8 -digit HUC and Basin: 06010105 French Broad River Basin
Stream Impacts (linear feet) Wetland impacts (acres)
Warm
Cool
Cold Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
1,792
IT more tnan one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 06010105. French Rrnari River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm
Cool
Cold Rip�anverineRiparian
Non-Riverine
Non -Riparian
_
Coastal
3,584
Mitigation Site Debited: NCDM
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the
NCDMS acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the-USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:.
Name of Sponsor's Authorized Rep
Signature of Sponsor's Authorized Representative
Date of Signature
Page 1 of 2 Form Updated 12 September, 2014

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank/ILF Instrument.
Comments/Additional Conditions:
None
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell,
11405 Falls of Neuse Road, Wake Forest, NC27587 (email: [e-mail]). Questions regarding this form
or any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: David Brown
USACE Field Office: Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Email: [e-mail]
USACE Project Manager Signature
November 14 2016
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.arMy.mil.
Page 2 of 2
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 our website at http://regulatory.usacesurvey.com/ to complete the survey online.

MEMORANDUM OF AGREEMENT
BETWEEN
THE UNITED STATES ARMY CORPS OF ENGINEERS,
AND
THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICE,
SUBMITTED TO
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
FOR
SEVEN FALLS RESIDENTIAL DEVELOPMENT, HENDERSON COUNTY.
NORTH CAROLINA
November 7, 2016
WHEREAS, the US Army Corps of Engineers (USACE) is considering issuance of a permit to
Henderson County for completion of subdivision roads and infrastructure at Seven Falls
residential development (the Undertaking); and
WHEREAS, the USACE has determined that the Undertaking could adversely affect
archaeological site 31HN220 (Field Site 1), a property determined eligible for listing in the
National Register of Historic Places (National Register); and
WHEREAS, the USACE has consulted with the North Carolina State Historic Preservation
Office (SHPO) pursuant to 36 CFR 800, regulations implementing Section 106 of the National
Historic Preservation Act (54 U.S.C. § 306108); and
WHEREAS, Henderson County (County) and the Eastern Band of Cherokee Indians (EBCI)
have been invited to participate in the consultation and is an invited signatory to this
Memorandum of Agreement (Agreement),
NOW, THEREFORE, the USACE, and the North Carolina SHPO agree that the Undertaking
shall be implemented in accordance with the following stipulations in order to take into account
the effect of the Undertaking on historic properties.
The USACE will include the following conditions in any permit issued for the Undertaking
I. Treatment of Significant Archaeological Resources
In the event that archaeological remains at site 31HN220 (Field Site 1), cannot be
avoided and protected in perpetuity from ground disturbing activities, the County shall,
prior to any construction activities at the site, engage the services of an experienced
archaeologist to implement the Data Recovery Plan, approved by the SHPO and EBCI
and attached as Appendix A to this Agreement.

Upon completion of the Data Recovery efforts, a Management Summary detailing the
completion and results of the field investigations will be submitted to the SHPO and
EBCI within ten days of the completion of the fieldwork. The analysis and report
preparation will be completed within six months after completion of the field work. Final
reports of the investigation at 31ITN220 will be provided to the SHPO and EBCI.
II. Preservation Covenants
In the event that the archaeological site on the Seven Falls property is to be preserved in
place, the County shall enter into a Preservation Agreement providing for its protection.
Such Preservation Agreement shall be reviewed and approved by the SHPO and EBCI
prior to its recording by the County.
III. Dispute Resolution
Should the North Carolina SHPO or any other party to this Agreement object within (3 0)
days to any plans or documentation provided for review pursuant to this Agreement, the
USACE shall consult with the parties to resolve the objection. If the USACE or the North
Carolina SHPO determines that the objection cannot be resolved, the USACE will
forward all documentation relevant to the dispute to the Advisory Council on Historic
Preservation (Council). Within thirty (30) days after receipt of all pertinent
documentation, the Council will either:
A. Provide the USACE with recommendations which the USACE will take into account
in reaching a final decision regarding the dispute, or
B. Notify the USACE that it will comment pursuant to 36 CFR Section 800.7(c). Any
Council comment provided in response to such a request will be taken into account
by the USACE, in accordance with 36 CFR Section 800.7 (c) (4) with reference to
the subject of the dispute.
IV. Amendment
Any party to this Agreement may request that it be amended or modified, whereupon the
USACE, SHPO, the County, EBCI, and when applicable, the ACNP, shall consult in
accordance with 36CFR800.6(c)(7) to consider such revision(s).
Any resulting amendments or addenda shall be developed and executed among USACE,
SHPO, the County, EBCI, and when applicable, the ACNP, in the same manner as the
original Agreement.
V. Termination
Pursuant to 36CFR800.6(c)(8), USACE, SHPO, and the County may terminate this
Agreement by providing 30 days notice to the other parties, provided that the parties shall

consult during the period prior to termination to seek agreement on amendments or other
actions that would avoid termination.
Execution of this Agreement by the USACE and the North Carolina SHPO, its subsequent
acceptance by the Council and implementation of its terms, evidences that USACE has complied
with Section 106 on the Project, that USACE has afforded the Council an opportunity to
comment on the Undertaking, and that the USACE has taken into account the effects of the
Undertaking on historic properties within the District.
®1
By: Date:
Unites States Army Corps of Engineers, Wilmington District
By: Date:
North Carolina State Historic Preservation Officer
By: Date:
County of Henderson
By: _ Date: _
Eastern Band of Cherokee Indians
111111-X11]'.3'
By:
Advisory Council on Historic Preservation
Date:

AT THE SEVEN FALLS GOLF IF RIVER
HENDERSON COUNTY, NORTH CAROLINA
COE ACTION ID#: SAW -2013-01159
ER 07-0660
Submitted to:
WILLIAm G. LAPSLEY & ASSOCIATES, P.A.
214 N. King Street
Hendersonville, North Carolina 28792
BN':
"IRC ENVIRONMENTAL CORPORATION
50101 Governors Drive, Suite 250
Chapel Hill, North Carolina 27517
July 10, 2015

This Data Recovery Plan specifies proposed measures to mitigate adverse effects to NRNP -eligible
archaeological site 31HN220, which will be impacted by planned construction within the Bonded
Phases of the Seven Falls Golf and River Club in Henderson County, North Carolina. This historic
period site is situated adjacent to an access road on a proposed residential lot within the
development.
This plan is an updated version of the Data Recovery Plan for Archaeological Sites 31HN220 and
311TN222 at the Seven Falls Golf and River Club, Henderson County, North Carolina, which was
provided as Appendix 1 of the Memorandum of Agreement for the Seven Falls Golf and River Club
(COE Action I.D. #2007-3367), which was executed in 2008. This plan has been updated to remove
references to site 31HN222 (as it will not be impacted by the presently planned construction) and to
update personnel information, but is otherwise essentially unchanged from the 2008 plan.
SITE DESCRIPTION
31 HN220 is a historic period site situated on an upland ridge saddle on the west side of an access
road that extends south to Folly Road and approximately 2.75 km south of the French Broad River
(Cox et al. 2008:41-44). The core area of the site measures approximately 35 in east -west x 15 in
north -south. Neither the road nor the structure appears to be depicted on historic maps dating to
1907-1938, and no documentary information on prior ownership or occupancy is presently
available.
This site contains two fieldstone piles that likely represent chimney falls, along with a low-density
artifact scatter. During the 2007-2008, survey a small assemblage of artifacts was collected from the
surface of the adjacent access road, the ground surface surrounding the rock piles, and one of five
shovel tests. The soils encountered in the shovel tests were deflated and consisted of a yellowish
brown silt loam A horizon that was approximately 15 cm thick and overlay a yellowish red clay loam
B Horizon.
The artifact assemblage includes a porcelain. doll's head fragment; a machine cut nail (ca. 1805-
1900); a Mason's 1858 patent canning jar fragment (ca. 1858-1920); a colorless liquor bottle
fragment; undecorated blue -tinted ironstone sherds (ca. 1840-1885); and a few undecorated and
decorated whiteware sherds, including a mold decorated pitcher fragment, a polychrome hand
painted sherd in Bright Palette colors with an unidentified green floral pattern (ca. 1830s -1860s),
and a red cut sponge stamped sherd (ca. 1845-1930) (Majewski and O'Brien 1987; Miller 2000).
Based on the artifact assemblage, 31HN220 appears to date to the mid- to late 19`" century. Given
the meager artifact assemblage, however, it is possible that the occupation began earlier in the '19"'
century and/or continued into the early 20`" century.
DATA RECOVERY EXCAVATIONS
This Data Recovery Plan begins with a review of research questions that can potentially be
addressed using data from 31HN220. Subsequent sections detail the proposed research procedures,
including those for background research, fieldwork, laboratory analyses, reporting, and curation, as
well as procedures to be used in the event of the discovery of potential human graves or remains.
II. Research Questions
Site 31 HN220 include the remains of at least one structure dating to the 19`" and possibly the early
20" centuries. It appears to represent a small-scale rural farmstead, considered one of the essential
elements of the Carolina or Upland South landscape (Beaman et al. 1998; Jordan-Bychkov 2003;
Olson 1998). Although such farmsteads were once ubiquitous, very few sites of this type and time
period have been investigated in North Carolina, particularly in the western region of the state
(Beaman et al. 1998; Greene n.d; Linda Hall, personal communication 2008; John Mintz, personal
communication 2008).
The investigation of site 31HN220 offers the opportunity to explore many aspects of rural domestic
life in western North Carolina during this period. The research questions focus on capturing social
Page 6

and economic data from the resources, and are intended to utilize data from archaeological,
documentary, and possibly oral history sources.
1. What is the spatial layout and organization of the site? What domestic structures and
outbuildings were present, and how was the farmstead landscape organized in relation to the
nearby creeks, roads, and landscape features?
2. What is the timing and duration of occupation? Do the principal architectural features
represent contemporaneous or successive buildings? Is it possible to identify the former
owners or inhabitants using documentary or oral historical information?
3. What material culture inventory is represented, and what information can these materials
provide concerning the economic status of its inhabitants and their integration into broader
commercial and social net-vorks?
4. Are subsistence practices visible within the archaeological records of the site? What is the
historical or archaeological evidence for food storage by the residents? What data can the site
provide regarding the living conditions, diet, and fanning practices of these rural occupants?
5. What information can the site provide about broader patterns of settlement growth and
abandonment, material culture use, subsistence, and economic patterns in Henderson
County and in the North Carolina mountains? How do the architectural patterns, spatial
organization, and artifact assemblages and material cultural remains from the site compare
with similar sites that have been investigated (to varying degrees) elsewhere in the
Appalachians (e.g., Groover 1998; Horning 1995, 2000a, 2000b; Shumate and Evans -
Shumate 1996; Tanner 2004; Webb and Jones 2006), Piedmont (Beaman et at. 1998; Joseph
and Reed 1997; Stine 1989), and Sandhills (Steen 2005, 2006, 2008)?
III. Research Methods
Background Research. The work will begin with additional background research to supplement
the more general research conducted as part of the previous survey (Cox et al. 2008). This research
will take several forms. On a general level, the researchers will continue to accumulate comparative
data on the historic archaeology of western North Carolina and the surrounding region. This will be
accomplished both through continuing literature review and through consultations with other
researchers in the region.
More specific documentary and oral history research will also be conducted, including continued.
examination of primary and secondary references concerning Henderson County history, the
analysis of historic maps, deeds, and vital statistics and census records, and possibly informant
interviews. In particular, TRC will attempt to trace the chain of title for the property and to match
information from that research with available census data. In addition, we will consult with former
landowners and local historians and genealogists in an attempt to identify individuals with
knowledge of the farmstead and surrounding region.
Field Methods. Many of the research questions are most effectively answered using data from
discrete features and on spatial patterning of features, and for this reason the excavations will
include both hand excavation and mechanized stripping and feature excavation.
Site Clearing and Preparation. Investigations will begin with site preparation. All downed vegetation and
underbrush will be removed, and a survey grid will be established. All excavations will be conducted
in the metric system and reported in both metric and English equivalents. In association with the
site preparation, digital photographs will be taken to document the pre -excavation conditions.
Clore Interval Shovel Testing. Excavations will begin with systematic 5-m interval shovel testing across
the site area. The shovel. testing will continue along each grid line until two consecutive negative
Mage 7

shovel tests have been excavated and the landform has been completely covered. Each shovel test
will be 30 cm in diameter, and all artifacts will be screened through'/4-inch hardware cloth. Shovel
tests will be excavated to the base of the A/E soil horizon, averaging between 10 and 25 em in
depth. In conjunction with the shovel testing, staff will conduct additional pedestrian survey of
adjacent landforms (including steams and ravines) to check for evidence of outlying features such as
spring boxes or refuse deposits.
IV. Metal Detector Survey. Limited metal detector survey will be conducted to supplement the
shovel testing results. Initially, the metal detector will be used to survey two -in wide
transects in a cruciform pattern across the site and the adjacent landform. All hits will be
flagged and mapped using the total station, and a sample of up to 100 metal detector hits
will be excavated to aid in understanding the distribution of metal artifacts across the site
and their relationship to structure and feature locations and apparent activity areas.
Chimney Fall Excavation. At least one chimney fall will be investigated to expose and record the
original fire box and hearth. and gather information on structure orientation. Artifacts recovered as
part of this work will be piece -plotted as appropriate, and test units will be excavated in the hearth
area.
V. Hand -Excavated Units. Up to 12 1 x 1 in square hand -excavated units will be placed to
investigate architectural features, gather artifact samples, and investigate apparent artifact
concentrations or features encountered in the shovel testing or metal detector survey.
The units will include at least two excavation units placed in an apparent hearth area, and
at least three units organized into a 1 x 3 m trench designed to intersect a wall line.
All units will be excavated in 10 cm levels within natural strata. All soil from the hand -excavated
units will be screened through'/4-inch or smaller mesh. A Level form will be completed for every
level excavated and a unit summary form will be completed for each unit. This form will include a.
description of the strata and recovered artifacts, elevations (both below surface and in reference to
the site datum), a plan map showing any features or soil anomalies, and a list of all artifact bags,
flotation samples, and other samples removed from the unit. All soils will. be described using the
Munsell color system and the USDA soil texture designations. The top of each level within each
stratum will be scraped and examined for the presence of features. If no features are present,
excavation of the next level will proceed. Representative unit profiles will be drawn and
photographed, and plan drawings will be made as necessary.
Mecham fed Stripping. Following the band excavation, mechanized stripping will be used to remove the
remaining topsoil from the structure and yard area to search for subsurface features, including any
hearth -front cellars that may be present. The stripping will be conducted using a backhoe with a
toothless bucket. All stripping will be monitored by one or more archaeologists, who will shovel
shave the area as necessary and systematically flag all potential features as they are exposed.
Feature Recordation and Excavation. All possible cultural features (pits, postholes, etc.) will be flagged
when first exposed and given a unique number for subsequent tracking purposes. Features will then
be mapped using a total station, drawn and photographed, and excavated.
Standardized techniques will be used to record and excavate features, although these may vary,
depending on feature size and apparent type. Initially, each feature will be carefully defined by
troweling or shovel shaving and mapped in plan view. Photographs will be taken of the feature in
plan. Each feature will be cross-sectioned along its long axis. The initial half will be excavated by
natural strata (fill zones) if these can easily be recognized, or removed in a single unit if not. The
feature will then be mapped and photographed in profile, and the remainder of the fill will be
excavated by natural strata or fill zones. If at any time a feature is determined to be noncultural in
origin (e.g., rodent burrow, tree root), excavation will be terminated.
All information generated from feature excavation will be recorded on a feature form. Standard soil
descriptions will be completed for each fill zone, and data will be recorded concerning form.
Page 8

evidence of burning, etc. Flotation samples (12 1 in volume) may be taken from each feature
depending on its type and significance. The remaining feature fill will be screened through either
one-quarter inch mesh or window screen, depending on its provenience.
In the event that large or especially complex features, or large numbers of features, are identified, the
Contractor will consult with the client and. SHPO to determine appropriate sampling and excavation
strategies.
VI. I himan Remains. Although no gravesites are known to be Located within the areas to be
excavated, it is possible that graves will be identified during the excavations. In the event
that apparent marked or unmarked graves are identified, information regarding their
number and location will be provided to the landowner, so that they can be preserved or
relocated in accordance with North Carolina General Statutes. In the event that human
remains are observed, work in the immediate area will stop immediately, and
notifications will proceed in accordance with North Carolina General Statute 70-3, -f-he
Unmarked Hunzan Bunzal and Skeletal Remains Protection Act.
VII. Laboratory Methods. The following laboratory methods will be employed.
Artifact Processing. All project materials will be returned to TRC's Asheville or Chapel Hill laboratory
for processing. Initially, allartifact and sample bags will be checked against provenience data from
field records. The artifacts then will be washed, dried, and rebagged in 4 mil plastic zippered bags.
Arlif aAnalyses. Historic period artifacts will be classified according to material type and function.
Every effort will be made to describe artifacts as precisely as possible, including the identification of
specific artifact varieties (e.g., liquor bottle, lamp chimney, teacup, and chamber pot), manufacturers
(e.g., Globe Pottery Company), or brands (e.g., Mason's Impr-oved). Ceramic artifacts will be
classified according to recognized types (e.g., pearlware, ironstone) and by decorative technique (e.g.,
hand -painted, transfer print, decal) and vessel form. Similarly, bottles will be described by type,
color, size, manufacturing technique, and closure type. The analysis will include a minimirn vessel
count for ceramics and glass. When possible, historic artifacts also will be analyzed to determine
their date of manufacture. This will involve analysis of individual diagnostic artifacts (e.g., bottles,
buttons or coins), as well as the possible application of the mean ceramic dating technique.
Published and on --line artifact sources that will be used include Fike (1987), Jones and Sullivan
(1989), Lindsey (2010), Miller (2000), Nelson (1968), Noel Hume (1969), Samford and Miller (2012),
South (1977), Toulouse (1971), and others. As the final step, sherds will be mended to form
complete or partial vessels. The number and provenicnces of these mends will be recorded, allowing
for quantified cross -mend analysis. This technique provides a means of better understanding the
relationship between archaeological areas, units and levels, and their stratigraphic context within a
historic site, as well as providing insights into refuse disposal processes and site formation processes.
All artifacts will be grouped according to the artifact pattern model originally devised by South
(1977) and revised by Garrow (1982). Orig'nally developed by South for the identification of artifact
patterning among British Colonial sites, the model will be used here only as a method of artifact
classification. This allows for the organization of artifacts on both the provenience and component
levels, and also facilitates any future cross -comparisons with other assemblages formatted in this
manner.
Any prehistoric artifacts that are recovered will be analyzed according to standard regional
typologies.
Other)pecialitiedAnalyses. Flotation samples will be processed using a Flote-Tech system from
Dausman Technical Services, or its equivalent. This electric -powered flotation tank separates heavy
and light fractions, and a removable dam can be slipped into place to gather very light materials
from the heavy fraction, such as bone and dense charcoal. The resulting light and heavy fractions
will be dried for further processing.
Page 9

Archaeobotanical analyses of handpicked and flotation samples will follow a modification of the
procedure outlined by Yarnell (1974:113-114). First, all samples will be sieved through 4 mm, 2 turn,
1 mm, and 0.5 mm screens. Contaminants will be removed before weighing charcoal with an
electronic balance accurate to 0.0001 g. In large samples, contamination weight will be estimated by
using a riffle sampler to produce a subsample for quantitative analysis. Charcoal larger than 2 mm
will be sorted and quantified by counting fragments; charcoal 0.5-2 mm will be scanned for
presence/ absence of rare categories; and seeds removed and identified.
The faunal analyses will concentrate on identifying the economic use(s) of the specimens by the
site's inhabitants. Faunal. remains will be analyzed according to species, portion, size, age at time of
death, burning, other intentional cultural modification, and any postdepositional. alteration and/or
modification. Nondiagnostic fragments will be sorted as either thermally altered or nontherinally
altered. The Number of Individual Specimens (NIS) and the Minimum Number of Individuals
(MNI) will be ascertained for each taxon.
Curation. All artifacts, field notes, photographs, and other project materials recovered from the
project will be temporally curated by the Contractor. Permanent curation arrangements will be
determined in consultation with the client and SHPO.
Reporting. A Management Summary documenting the successful completion of the fieldwork
phase of the project will be submitted to the client, the SHPO, the COE, "I'VA., and the EBCI within
ten days of the completion of the fieldwork phase of the investigations. This summary will
document that the work has been completed in accordance with the data recovery plan, and should
provide sufficient information for construction clearance to be granted.
The draft technical report will be submitted to the client, the OSA, the COE TVA, and the EBCI
within six months after completion of the fieldwork. This report will meet all North Carolina state
guidelines. The final report will address the comments received from all reviewers, will be submitted
within 30 days of receipt of all draft report review comments. Final report copies will be supplied to
the client, the OSA, the COE, TVA, and the EBCI, and will be made available to appropriate
research facilities.
PERSONNEL
The investigations at 31HN220 will be carried out by personnel from TRC's Chapel Hill and
Asheville offices. Mr. Paul Webb, Program Manager for those offices, will serve as Project Manager.
The Principal Investigator and Project Director for the project will be Mr. Michael Nelson of TRC's
Asheville office.
Beaman, Thomas E., Jr., John J. Mintz, and Kenneth W. Robinson
1998 "All the Rustle and Bustle is Gone:" .� Landscape Liston- of the Beam Family Property, Cleveland
County, North Carolina. North CarolinaArchaeoloay 47:66-82.
Benyshek, Tasha
2007 Letter report on the Seven Falls Golf and River Club Cultural Resources Background Study and
_yrchaeological Reconnaissance, Henderson County, North Carolina. Submitted to William G. Lapsley and
Associates, P .A., Hendersonville, North Carolina.
Cox, Belinda, Paul Webb, Bruce idol, and Heather Olson
2008 Archaeolgoical Survey of the Proposed Seven Falls Golf & River Club, Henderson Countv, North
Carolina. Submitted to William G. Lapsley and Associates, P.A., Asheville.
Fike, Richard
Page 10

1987 The Bottle Book: A Comprehensive Guide to Historic, Embossed Medicine Bottles. Gibbs Smith,
Layton, Utah.
Garrow, Patrick H.
1982 Archaeological Investigations of the Washington, D.C. Civic Center Site. Soil Systems, Inc., Marietta,
Georgia. Submitted to the Department of Housing and Community Development, Government of the District
Of Columbia, Washington, D.C.
Greene, Lance
n.d "A Rather Desolate Appearance": Subsistence Farming in the Southern Appalachians, 1838-1938.
Unpublished manuscript.
Groover, Mark D.
1998 The Gibbs Farmstead: An Archaeological Study of Rural Economy and Material Life in Southern
Appalachia, 1790-1920. Doctoral dissertation, Department of Anthropology, Universittr of Tennessee,
Knox-ville. University Microfilms International, Ann _arbor, Michigan.
Horning, Audrey
1995 Myth Versus Reality: Agricultural Adaptation and Innovation in the Nicholson Hollow District,
Shenandoah National Park. In Upland Archaeology in the East, compiled by Michael B. Barber, Eugene B.
Barfield, Harry A. Jaeger, and William Hranicky, pp. 107-115. USDA Forest Service Special Publication
No. 38, pt. 5. Archaeology Society of Virginia, Richmond.
2000a Archaeological Considerations of "Appalachian' Identify: Community-Based Archaeology in the Blue
Ridge Mountains. In The Archaeology of Communities: A New World Perspective, edited by Marcello
Canuto and Jason Yaeger, pp. 210-230. Routeiedge, London.
2000b Beyond the Valley: hlteraction, Image, and Identity in the Virginia Blue Ridge. In After the
Backeountry: Nineteenth-Century Life in the Valley of Virginia, edited by Warren Hofstra and Kenneth
Koons, pp. 145-168. University of Tennessee, Knoxville.
Jones, Olive, and Catherine Sullivan
1989 The Parks Canada Glass Glossary for the Description of Containers, Tableware, Flat Glass and
Closures. Parks Canada, Ottawa.
Jordan-Bychkov, Terry G.
2003 The Upland South: the Making of an American Folk Region and Landscape. Center for American
Places, Sante Fe.
Joseph, Joe, and Mary Beth Reed
1997 "We Were Just Dirt Farmers": The _archaeology of Piedmont Farmstead Landscapes. In Carolina's
Historical Landscapes: Archaeolo,gical Per_+pectiver, edited by Linda F. Stine, Martha Zierden, Lesley M. Drucker, and
Christopher Judge, pp. 85-96. The University of Tennessee Press, Knoxville.
Page I I

Lindsey, Bill
2010 Historic Glass Bottle Identification & Information Website. ONLINE. Society for Historical
Archaeology and Bureau of Land Management. http://www.sha.or2/bottle/index.htm.
Majewski, Teresita, and Michael J. O'Brien
1987 The Use and Misuse of Nineteenth -Century English and American Ceramics in Archaeological
Analysis. In Advances in Archaeological Method and Theory, Vol. 11, edited by M.B. Schiffer, pp. 97 -209.
Academic Press, Orlando.
Miller, George L.
2000 Telling Time for Archaeologists. Northeast Historical Archaeology 29:1 22.
Nelson, Lee H.
1968 Nail chronology as an aid to dating old buildings. American Association for State and Local History
"Technical Leaflet 48, History News 24(11):1-11.
Noel Hume, Ivor
1969 A Guide to Artifacts of Colonial America. Alfred A. Knopf, New York.
Olson, Ted
1998 Blue Ridge Folklife. University Press of Mississippi, Jackson.
Samford, Patricia and George L.-ATiller
2012 Post -Colonial Ceramics: Printed Wares. Diagnostic _A rtitacts in Marnland. ONLINE. y -Ian land
_archaeological Conservation Lab. http:/ZwwAv.jetl)at.org/diagnosric/Post-Colonial..O,/02OCeramics /index-
PostColoriialCeramics.htm.
Shumate, M. Scott, and Patti Evans -Shumate
1996 Phase II Testing at Thirteen Prehistoric and Historic Sites on the Davis Cemetery Tract, Nantahala
National Forest, Swain County, North Carolina. ASU Laboratories of Archaeological Science Technical
Report No. 5. Report on file, National Forests in North Carolina, Asheville.
South, Stanley
1977 Method and Theory in Historical Archaeology. Academic Press, New York.
Steen, Carl
2005 Phase II Archaeological Testing and Evaluation of Thirteen Sites, Fort Bragg, North Carolina.
Volume 2: Four Historic Sites. Palmetto Research Institute, Irmo, South Carolina. Submitted to Southeast
Archaeological Center, National Park Service, Tallahassee, Florida.
2006 Testing at Five Historic Sites along Cabin Branch on Fort Bragg, 2004. Diachronic Research
Foundation, Columbia, South Carolina for TRC Garrow Associates, Inc., Chapel Hill, North Carolina.
Submitted to U.S. Army Construction Engineering Research Laboratory, Champaign, Illinois.
2008 The Long Street/Argyle Communit}r NRNP Eligibility Evaluation at Four Archaeological sites on Fort
Bragg, Hoke, County, North Carolina. Diachronic Research Foundation, Columbia, South Carolina for TRC
Garrow Associates, Inc., Chapel Hill, North Carolina. Submitted to U.S. Army Engineer Research and
Development Center, Construction Engineering Research Laboratory, Champaign, Illinois.
Stine, Linda France
1989 Raised Up in I -lard Times: Factors Affecting Material Culture on Upland Piedmont Farmsteads, Circa
1900-1940. Doctoral dissertation, Department of Anthropology, University of North Carolina at Chapel
Hili.
Tanner, Wendy S.R.
2004 Preliminary Report of Investigation and Archaeological Survey of Four Rural Domestic Sites in the
Great Smoky Mountains National Park. Submitted to the Southeast Archaeological Center, National Park
Service, Tallahassee, Florida.
Toulouse, Julian Harrison
1971 Bottle Makers and Their Marks. Thomas Nelson Inc., New York.
Webb, Paul, and Damon Jones
2006 Cultural Resources Investigations for the North Shore Road Project, Swain Counts, North Carolina.
Submitted to ARCADIS G&lT of North Carolina, Inc., Raleigh.
Yarnell, Richard A.
1974 Plant Food and Cultivation of the Salt Cavers. In Archaeology of the Mammoth Cave Area, edited by
Patty Jo Watson, pp. 113- -122. Academic Press, New York.
Page 12

Attachment B
Remedial Action Plan for
Aquatic Life Passage

Remedial Action Plan for Aquatic Life Passage
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 Seven Falls. The project
engineers have reviewed the crossing locations identified by the US Army Corps of
Engineers (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 1). 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 2). 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 3). 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 4); 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.

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EX. RO/
CULVER
rxuru3cu --)rL*3n nuUx
BOULDER TO BE
INSTALLED BELOW PIPE
(MIN BOULDER SIZE 2`X2')
\»/GL/\ Engineering, PLLC
CONSULTING ENGINEERS & LAND PLANNERS
NC License No: P- 1342
D*kiKing Street
7�0 Hendersonville, N[Zmp
[phone]
=e��mm
.
SEVEN FALLS
BOND PROJECT
HENDER3DN[{JUNTY
NORTH CAROLINA
SPLASH ROCK
PERCHED
REPAIR
Job #: 15 144
Date: |D|f

EXISTING ROADWAY
FILL EMBANKMENT
ROPOSED
TRANSITION PIPING
`- EX. 'PERCHED"
OUTLET CONDITION
EX. ROADWAY —
CULVERT
J
EX. STREAM
BELOW FILL
SLOPE
PROPOSED
JUNCTION MANHOLE
(4' DIAMETER)
PROPOSED `
PIPE OUTLET TO OR
BELOW GRADE
WGLA Engineering, PLLC
PIPED PERCHED
CONSULTING ENGINEERS & LAND PLANNERS
SEVEN FALLS
PIPE REPAIR
NC License No: P-1342
BOND PROJECT
214 N. King Street
HENDERSON COUNTY
Job #: 15144
- Hendersonville, NC 28792
NORTH CAROLINA
Date: 12115
[phone]
--- wgla.com
Scale: N.T.S.

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WGLA Engineering, PLLC IMPACT #12
CONSULTING ENGINEERS & LAND PLANNERS SEVEN FALLS STREAM CHANNEL
NC License No: P-1342 BOND PROJECT RESTORATION
214 N. King Street HENDERSON COUNTY Job 15144
Hendersonville, NC 28792
[phone] NORTH CAROLINA Date: 2�16
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Attachment C
Stream Stabilization/Sediment
Removal Plan

Stream Stabilization/Sediment Removal Plan
It is the understanding of the applicant that the issued permit would require stream
stabilization and removal of accumulated sediment within several stream channels at
Seven Falls. ClearWater Environmental Consultants, Inc. (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 stabilization and 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 stabilization and/or
sediment removal. three unnamed tributaries (UT) to Folly Creek and one UT to Little
Willow Creek (Figure 1). 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. The silt fence would
be removed or cut to ground level and the channel below Culvert #4 would be
rerouted to join the channel below Culvert #3. 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 stream channel and stabilized.
Approximately 100 feet downstream of the culverts there is an erosional gully and
a parallel channel that appears to be the original stream channel. Water appears to
flow through both channels especially during high flows. A channel plug would
be placed just upslope of the erosional gully and all stream flow would be directed
to the original stream channel. A schematic showing the proposed actions below
Culvert #3 and Culvert #4 is included for review (Figure 2). A site-specific
design for remedial actions below Culvert #3 and Culvert #4 would be prepared
and submitted after issuance of the certification.
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.
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.
The project engineers have assessed the headcut in Lot 139 and have developed
remedial actions to be included as Special Conditions of the issued certification.
Proposed remedial actions include installation of a French drain in the headcut
that would extend approximately 50 feet downslope to an area of stable banks.
The headcut area would be filled with additional stone and a top layer of soil.
The area would be matted and seeded upon completion of construction. A
schematic showing the proposed actions within Lot 139 is included for review
(Figure 3). A site-specific design for remedial actions within Lot 139 would be
prepared and submitted after issuance of the certification.
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 stabilization and sediment
removal location would be submitted prior to commencement of the proposed work.
Subsequently, a report documenting stream conditions after stabilization and 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.

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Figure 2
WGLA Engineering, PLLC IMPACT #3 & #4
CONSULTING ENGINEERS & LAND PLANNERS SEVEN FALLS STREAM CHANNEL
NC License No: P-1342 BOND PROJECT RESTORATION
214 N. King Street HENDERSON COUNTY Job #15144
Hendersonville, NC 28792 NORTH CAROLINA Date: 2/16
[phone]
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WGLA Engineering, PLLC
CONSULTING ENGINEERS & LAND PLANNERS SEVEN FALLS HEADCUT REPAIR
NC License No: P-1342 BOND PROJECT
214 N. King Street HENDERSON COUNTY Job #15144
Hendersonville, NC 28792 NORTH CAROLINA Dote: V16
(828) 687--7177
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MIRAFI 140L TO
COMPLETELY ENCASE
STONE — OVERLAP TOP
(OVERLAP FABRIC
SECTIONS 4' MIN.)
AS REQUIRED
In
CLEAN SOIL BACKFILL
FINISHED GRADE
12" MIN.
WASHED STONE
EQUIVALENT TO NCDOT
STD. SIZE #57
6" DIA. PERFORATED
PIPE (SDR 35) HOLES DOWN
SET ON 4"-6" OF STONE BED
FRENCH DRAIN
NOT TO SCALE
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WGLA Engineering, PLLC
CONSULTING ENGINEERS & LAND PLANNERS SEVEN FALLS FRENCH DRAIN DETAIL
NC License No: -P-1342 BOND PROJECT
214 N. King Street HENDERSON COUNTY Job #.15144
Hendersonville, NC 28792 NORTH CAROLINA Date: 3/16
[phone]
wglo.com Scale: N.T.S.