20071505 Ver 5_401 Application_20170417

CLearWaLer
ClearWater Environmental Consultants; Inc. /
wwxv.cwenv.com
April 14, 2017 \ f_1� YJ
Mr. David Brown
US Army Corps of Engineers j)✓
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-2638
Ms. Karen Higgins
NC DWR, 401 Permitting & Buffer Unit
512 N. Salisbury Street, 9" Floor
Raleigh, North Carolina 27604
® RE: McElrath Carolina Investments, LLC (+/- 201 Acres)
Henderson County, North Carolina
Dear Mr. Brown and Ms. Higgins,
The attached Pre -Construction Notification (PCN) is being submitted on behalf of McElrath
Carolina Investments, LLC represented by Mr. Scott McElrath. The project site is located off
Pleasant Grove Church Road in Henderson County, North Carolina. McElrath Carolina
Investments, LLC is seeking a Nationwide Permit 27 and 29 for the restoration of two unnamed
tributaries to Little Willow Creek.
A copy of this package has been sent to Ms. Andrea Leslie of the NC Wildlife Resources
Commission and Mr. Byron Hamstead of the US Fish and Wildlife Service for review. A copy of
this application has also been submitted to Mr. Zan Price of the NC Division of Water Resources,
Asheville Regional Office. Please do not hesitate to contact me at 828-698-9800 if you have any
questions or comments.
Sincerely,
/U/'
Kaylie A. Yankura
Biologist
Copy Furnished:
NC Wildlife Resources Commission — Andrea Leslie
US Fish and Wildlife Service — Byron Hamstead
NC Division of Water Resources, Asheville — Zan Price
32. Clayton Street
Asheville, NC 28801
828-698-9800 Tel
�R?C I La
emenRiddle, P.W.S
Principal

Preliminary ORM Data Entry Fields for New Actions
SAW — 201 - BEGIN DATE [Received Date]:
Prepare file folder F-1 Assign Action ID Number in ORM FI
1. Project Name [PCN Form A2a]: McElrath Carolina Investments, LLC
2. Work Type: Private - Institutional Government Commercial El
3. Project Description / Purpose [PCN Form 133d and 63e]:
The proposed project would restore 2 unnamed tributaries to Little Willow Creek and resolve
impacts associated with the unpermitted installation of 3 culverts by the previous property owner.
4. Property Owner/ Applicant [PCN Form A3 or A4]: McElrath Carolina Investments, LLC
5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: ClearWater Environmental Consultants
6. Related Action ID Number(s) [PCN Form 135b]: USACE Action ID. No. 2007-3367, DWQ #20071505, Ver. 2
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
35.291541, -82.600039; The proposed project is located off Pleasant Grove Church Road.
8. Project Location -Tax Parcel ID [PCN Form 131a]: 9527775073;9528718695;9528814532
9. Project Location —County [PCN Form A2b]: Henderson
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Etowah
11., Project Information — Nearest Waterbody [PCN Form 132a]: Little Willow Creek
12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 132c]: Upper French Broad/06010105
Authorization: Section 10 F-1 Section 404
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit # 27 & 29
Regional General Permit #
❑ Jurisdictional Determination Request
VSection 10 & 404
BPre -Application Request
Unauthorized Activity
Compliance
No Permit Required
Revised 20150602

CLearLer
Department of the Army
Wilmington District, Corps of Engineers
Atte: Scott McLendon, Chief Regulatory Division
PO Box 1890
Wilmington, NC 28402-1890
-and-
NC DWR, Webscape Unit
Attn: Karen Higgins
512 North Salisbury Street
Raleigh, North Carolina 27604
1, the current landowner/managing partner of the property identified below, hereby
authorize Clearwater Environmental Consultants, Inc. (CEC) to act on my behalf as my
agent during the processing of permits to impact Wetlands and Water of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act.
CEC is authorized to provide supplemental information needed for permit processing at
the request of the USACE or DWR.
32 Clayton Street
Asheville, NC 28801
Phone: [phone]
wwwxwenvxom
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Property Owner of Record:
Kg
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Property Owner Address:
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Phone Number:
Property Location:
i e
V'OJC�
Owner/Managing partner Signature:
Date:
32 Clayton Street
Asheville, NC 28801
Phone: [phone]
wwwxwenvxom

Henderson County, NC Tax Parcel Report Thursday, March 16, 2017
Henderson County
Geographic Information Systems (GIS)
200 North Grove Street
Hendersonville, NC 28792
P:[phone]
F:[phone]
WARNING: THIS IS NOT A SURVEY
WARNING: THIS IS NOT A SURVEY.
Parcel Information
REID:
1012044
Pin:
9527775073
Listed to:
MCELRATH CAROLINA
Neighborhood:
SEVEN FALLS GOLF & RIVER
INVESTMENTS, LLC
purchased or otherwise distributed, whether in hard copy or digital media, shall be at the user's own risk.
CLUB
Mailing Address:
29 W JORDAN ST
Township:
Crab Creek
Mailing City, State, Zip:
BREVARD, NC 28712
Municipality:
Physical Address:
0 NO ADDRESS ASSIGNED
Tax District:
04 Etowah Horse Shoe Fire
Deed:
1670/573
Plat:
Not Available
Date Recorded:
07-12-2016
Elementary School District:
ETOWAH
Revenue Stamps:
428
Middle School District:
RUGBY MIDDLE
County Zoning:
R3,R2R
High School District:
WEST HIGH
Property Description:
Lot # DEV/GOLF SEVEN FALLS
Soil:
Evard soils, 25 to 45 percent
slopes
Map Sheet:
9527.04
Voting Precinct:
Etowah South
Assessed Acreage:
208.59000000
Commissioner District
5
Building Value:
$0.00
Agricultural District
None Found
Land Value:
$1,190,900.00
North Carolina House District
113
Value To Be Billed:
$1,190,900.00
U.S. House District
11
North Carolina Senate District
48
Henderson County
Geographic Information Systems (GIS)
200 North Grove Street
Hendersonville, NC 28792
P:[phone]
F:[phone]
WARNING: THIS IS NOT A SURVEY.
All information or data provided (whether subscribed, purchased or otherwise distributed) is provided as is, without any
warranties, including the warranties of merchantability or of fitness for a particular purpose. Henderson County and its
employees make no warranties or guarantees, either express or implied. Use of the information or data subscribed,
purchased or otherwise distributed, whether in hard copy or digital media, shall be at the user's own risk.
Henderson County
Geographic Information Systems (GIS)
200 North Grove Street
Hendersonville, NC 28792
P:[phone]
F:[phone]

Henderson County, NC
REID
Listed to:
Mailing Address:
Mailing City, State, Zip:
Physical Address:
Deed:
Date Recorded:
Revenue Stamps:
County Zoning:
Property Description
Map Sheet:
Assessed Acreage:
Building Value:
Land Value:
Value To Be Billed:
North Carolina Senate District
initi �
U,
NfMJt�+�'
sa
Tax Parcel Report
,4 fO
dots
WARNING: THIS IS NOT A SURVEY
Parcel Information
In
1007958
Pin:
MCELRATH CAROLINA
Neighborhood:
INVESTMENTS, LLC
Agricultural District
29 W JORDAN ST
Township:
BREVARD, NC 28712
Municipality:
0 NO ADDRESS ASSIGNED
Tax District:
1670/573
Plat:
07-12-2016
Elementary School District:
428
Middle School District:
R2R
High School District:
Lot # FUTURE 1.2 SEVEN FALLS Soil:
9528.04
Voting Precinct:
1.26000000
Commissioner District
$0.00
Agricultural District
$7,900.00
North Carolina House District
$7,900.00
U.S. House District
48
Henderson County
Geographic Information Systems (GIS)
200 North Grove Street
Hendersonville, NC 28792
P:[phone]
F:[phone]
Thursday, March 16, 2017
I
i
iver•Rd
9528718695
SEVEN FALLS GOLF & RIVER
CLUB
Crab Creek
04 Etowah Horse Shoe Fire
SLD 6753
ETOWAH
RUGBY MIDDLE
WEST HIGH
Ashe stony sandy loam, 45 to 70
percent slopes
Etowah South
5
None Found
113
11
WARNING: THIS IS NOT A SURVEY.
All information or data provided (whether subscribed, purchased or otherwise distributed) is provided as is, without any
warranties, including the warranties of merchantability or of fitness for a particular purpose. Henderson County and its
employees make no warranties or guarantees, either express or implied. Use of the information or data subscribed,
purchased or otherwise distributed, whether in hard copy or digital media, shall be at the user's own risk.

O� F W ATF9QG
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the
Corps:
® Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 27, 29 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
FEI Yes
® No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
McElrath Carolina Investments, LLC
2b. County:
Henderson
2c. Nearest municipality / town:
Etowah, NC
2d. Subdivision name:
N/A
2e. NCDOT only, T.I.P. or state
project no:
N/A
3. Owner Information
3a. Name(s) on Recorded Deed:
McElrath Carolina Investments, LLC
3b. Deed Book and Page No.
1670/573; 1362/311
3c. Responsible Party (for LLC if
applicable):
Mr. Scott McElrath
3d. Street address:
29 W. Jordan Street
3e. City, state, zip:
Brevard, NC 28712
3f. Telephone no.:
N/A
3g. Fax no.:
N/A
3h. Email address:
N/A
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
R. Clement Riddle
5b. Business name
(if applicable):
ClearWater Environmental Consultants, Inc. (CEC)
5c. Street address:
32 Clayton Street
5d. City, state, zip:
Asheville, NC 28801
5e. Telephone no.:
828-698-9800
5f. Fax no.:
n/a
5g. Email address:
[e-mail]
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
9527775073;9528718695;9528814532
1b. Site coordinates (in decimal degrees):
Latitude: 35.291541 Longitude: -82.600039
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size:
+/- 201 AC
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project:
Little Willow Creek
2b. Water Quality Classification of nearest receiving water:
C
2c. River basin:
Upper French Broad 06010105
Page 2 of 12
PCN Form — Version 1.3 December 10, 2008 Version

3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The proposed project site is currently utilized for agricultural purposes. Land use in the vicinity is primarily agricultural and
residential.
3b. List the total estimated acreage of all existing wetlands on the property:
There are approximately 3.44 acres of wetland located on-site.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
There is approximately 18,102 linear feet of stream located on-site.
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to restore two unnamed tributaries to Little Willow Creek and to resolve impacts
associated with the unpermitted installation of three culverts by the previous owner of the project property.
3e. Describe the overall project in detail, including the type of equipment to be used:
Please Reference Figure 3, Sheet 0.1 -Sheet 2.2.
UT1 (Upper): Approximately 155 LF of an existing 48" culvert would be removed from UT1 (Upper). A pump around system
would be installed prior to construction activities in order to redirect stream flow so that culvert removal and stream
bank/channel restoration could occur in the dry. The pump around apparatus would divert flow within the upper reach of
UT1 to an existing, vegetated sediment basin located downstream. This basin has a stable outlet in which water could be
returned to a portion of natural channel before entering an existing NCDOT culvert located beneath a paved roadway on-
site. The banks of UT1 (Upper) would be restored to a 3:1 slope. All stream banks, benches, and terrace slopes would be
seeded (riparian mix), strawed, matted, and live -staked. The banks of the stream located immediately below the outlet of
the existing sediment basin would be stabilized via seeding and matting as well. Typical construction and earth -moving
equipment would be utilized.
UT1 (Lower): Approximately 200 LF of an existing 18" culvert would be removed from UT1 (Lower). A pump around system
would be installed prior to construction activities in order to redirect stream flow so that culvert removal and stream
bank/channel restoration could occur in the dry. A 20 LF portion of 48" culvert would be reused from UT1 (Upper) and
installed within UT1 (Lower). The banks of UT1 (Lower) would be restored to a 3:1 slope. The stream banks, benches,
and terrace slopes would be seeded (riparian mix), strawed, matted and live -staked. Typical construction and earth-
moving equipment would be utilized.
UT2: Approximately 489 LF of an existing 18" culvert would be removed from UT2. A 20 LF portion of 48" culvert would be
reused from UT1 (Upper) and installed within UT2. The banks of UT2 would be would be restored to a 3:1 slope. The
stream banks, benches, and terrace slopes would be seeded (riparian mix), strawed, matted, and live -staked. Typical
construction and earth -moving equipment would be utilized. UT2 is an intermittent stream that exhibits a low flow. Dry
conditions were noted within UT2 during a site evaluation conducted by CEC in March of 2017, as well as during survey
data collection by Wildlands Engineering in April of 2017.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes El No El Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
E] Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: USACE
Name (if known): ClearWater Environmental
Other:
Consultants, Inc. (CEC)
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
The site was originally delineated from November of 2006 to January of 2007 by CEC. Two on-site meetings were held in
March and April of 2007. The jurisdictional determination was field verified by the US Army Corps of Engineers (USACE)
at on-site meetings; however, a "Notice of Jurisdictional Determination" was never issued due to the Rapanos v. United
States court case (547 US 715 (2006) that was pending at the time. Per USACE request, an additional review of streams
and wetlands was conducted by CEC in March of 2017 to identify any changes to previously verified features within an
approximate 201 -acre portion of the original 2007 project boundary. Updated delineation data is represented in Figure 7.
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version

5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
USACE Action ID. No. 2007-3367, DWO #20071505, Ver. 2.; The USACE permit was revoked in April of 2010 due to on-
going non-compliance by the previous property owner. Permit Information is included in Attachment A.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ® No
6b.
If yes, explain.
C.
Proposed Impacts Inventory
1.
Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
Page 4 of 12
PCN Form — Version 1.3 December 10, 2008 Version

2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number -
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ - non -404, other)
(acres)
Temporary T
Yes
Corps
W1 E]P ❑ T
❑ No
❑ DWQ
❑ Yes
❑ Corps
W2 ❑ P ❑ T
❑ No
❑ DWQ
❑ Yes
❑ Corps
W3 ❑ P ❑ T
❑ No
❑ DWQ
❑ Yes
❑ Corps
W4 ❑ P ❑ T
❑ No
❑ DWQ
❑ Yes
❑ Corps
W5 ❑ P ❑ T
❑ No
❑ DWQ
❑ Yes
❑ Corps
W6 ❑ P ❑ T
❑ No
❑ DWQ
2g. Total wetland impacts
0
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ - non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ®P ❑ T
Restoration -
Impact #1, UT1
UT1 Little Willow
Creek
® PER
❑ INT
® Corps
® DWQ
2-4
155
(Upper)
S2 ® P [:IT
Restoration -
Impact #2, UT1
UT1 Little Willow
Creek
® PER
❑ INT
® Corps
® DWQ
2-4
200
(Lower)
S3 ® P ❑ T
Restoration -
UT2 Little Willow
❑ PER
® Corps
2-4
489
Impact #3, UT2
Creek
® INT
® DWQ
S4 ® P [-IT
Culvert Installation
- Impact #4, UT1
UT1 Little Willow
Creek
® PER
❑ INT
® Corps
® DWQ
2-4
20
(Lower)
S5 ®P ❑ T
Culvert Installation
UT2 Little Willow
❑ PER
® Corps
2-4
20
- Impact #5, UT2
Creek
® INT
® DWQ
❑ PER
❑ Corps
S6 ❑ P ❑ T
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
884
3i. Comments: Please reference Figure 3, Sheet 0.1 -Sheet 2.2.
Page 5 of 12
PCN Form - Version 1.3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a. I 5b. 5c. 5d. 5e.
Wetland Impacts (acres) I Stream Impacts (feet)
Pond IDI Proposed use or purpose
number of pond
Flooded Filled I Excavated I Flooded I Filled I Excavated
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Upland
(acres)
Flooded
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
Project is in which protected basin?
6b. 6c. 6d.
Buffer impact
number - Reason
Permanent (P) or for
Temporary T impact
B1 ❑P[IT
B2 ❑P❑T
B3 ❑P❑T
6i. Comments:
❑ Neuse ❑ Tar -Pamlico ❑ Other:
❑ Catawba ❑ Randleman
6e. I 6f. I 6g.
Buffer Zone 1 impact Zone 2 impact
Stream name mitigation (square feet) (square feet)
required?
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
6h. Total buffer impacts
Page 6 of 12
PCN Form - Version 1.3 December 10, 2008 Version

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
This project is aimed at stream restoration. An approximate total of 844 LF of culvert would be removed from UT1 and UT2. A
total of 40 LF (two 20 LF sections) would be installed within UT1 and UT2 to allow the minimum width necessary to cross the
stream. Approximately 804 LF of stream would be restored during the project.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Culvert removal, installation, and stream restoration activities would occur in the dry by utilizing a pump -around system. All
construction equipment would be operated from high ground. Sediment and erosion control measures and BMPs would be
utilized on-site.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool []cold
4d. Buffer mitigation requested (DWQ only):
0 square feet
4e. Riparian wetland mitigation requested:
0 acres
4f. Non -riparian wetland mitigation requested:
0 acres
4g. Coastal (tidal) wetland mitigation requested:
0 acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 12
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑ Yes ❑ No
1b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments:
❑ Yes ❑ No
Page 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version

2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
<24%
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
EJ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
El Yes El No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
Page 9 of 12
PCN Form — Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
El Yes El No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
® Yes ❑ No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after -the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
A Notice of Violation (NOV) was issued to the previous owner of the project site on January 23, 2009. The NOV cited
violations of 401 WQC conditions, construction stormwater permit conditions, and stream standards. The discharge of
sediment and fill to Folly Creek, Little Willow Creek, and associated unnamed tributaries on-site was also documented. This
violation was never resolved during the original ownership of the property. As a result of the previous property owner's
financial insolvency, Henderson County acquired bond money for infrastructural improvements and permitting expenses in
2015 and pursued an Individual Permit. During this application process/review, unauthorized sedimentation issues were
addressed and resolved within a +/-302-acre portion of the project boundary.
At a pre -application meeting on January 19, 2017, DWR requested that a sediment evaluation be conducted for the remainder
of the site. CEC assessed all streams and wetlands within the remaining +/-201-acre portion of the current project boundary
on March 1 and March 3, 2017. During this evaluation, CEC noted in -stream sediment within two unnamed tributaries to Little
Willow Creek (Figure 7). An approximate total of 104 LF of stream was impacted by sediment.
CEC recommends removing sediment from the unnamed tributaries by hand via the use of shovels and buckets. Sediment
removal will begin at the upstream end of the reaches and continue downstream. The number of buckets will be recorded to
estimate the amount of sediment removed from the two identified sections of stream. Sediment removed from the channel
will be carried by hand to an upland disposal location at least 30 feet from jurisdictional water. Sediment spoil piles will be
contained by silt fencing and seeded for stabilization. CEC also recommends the installation of temporary coir logs below the
impact areas in order to trap re -suspended sediment. These logs would be maintained throughout the sediment removal
process and be removed after final approval by DWR. Sediment removal will begin immediately upon DWR approval, and
CEC will be available on-site to provide oversight during remediation. A final report will be submitted to DWR upon the
completion of sediment removal activities.
CEC also identified the effects of prior, unauthorized sediment deposition within three additional unnamed tributaries to Little
Willow Creek (Figure 7). A discernible stream channel can no longer be identified within these features. However, these areas
have stabilized over the years to form functioning, densely vegetated wetlands. CEC does not recommend removing
sediment from these features, which total approximately 0.43 acre of wetland.
A copy of the original NOV and photographs depicting sediment impacts are included in Attachment B.
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version

3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWO policy. If you answered "no," provide a short narrative description.
The proposed project is located in a previously developed residential and agricultural corridor. The proposed project
would not result in additional development which could impact nearby downstream water quality.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater will not be generated by this project.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
FWS County data and the Natural Heritage Program GIS data.
CEC consulted the FWS's "Northern Long -Eared Bat Consultation Areas" map for Henderson County. The project is not located
near any known occurrences of hibernacula or maternity sites. It is the opinion of CEC that the project would have "no effect" on
the northern long-eared bat.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
South Atlantic Habitat and Ecosystem IMS. Impact will not occur in a marine system.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
El Yes No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
TRC Environmental Corporation, Inc. conducted an intensive archaeological survey at the project site in February of 2007.
During the survey, 34 sites and 16 isolated finds were located within the original project boundary. Six sites were recommended
eligible for listing in the National Register of Historic Places; all other sites were recommended ineligible. Of the six eligible sites,
one site (31 HN227) is located within the current +/-201-acre project boundary. However, 31 HN227 is not located within the
immediate vicinity of the proposed stream restoration or culvert installation activities. It is the opinion of CEC that the proposed
project would have no negative effect on the integrity of historic or culturally significant resources.
Page 1 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version

8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
® Yes ❑ No
8b. If yes, explain how project meets FEMA requirements: Portions of the existing culverts within UT1 (Lower) and UT2 are
currently installed within the 100-YR Floodplain. Wildlands Engineering is coordinating with Henderson County for
approval to remove these sections of culvert.
8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program. FEMA map number
3700952700K and 3700952800K, effective October 2, 2009.
R. Clement Riddle
1
4.14.17
ignature
Applicant/Agent's Printed Nameplicant/Agent's
Date
(Agent's signature is valid only if an authorization letter from the applicant
is rovided.
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version

McElrath Carolina Investments, LLC (+/- 201 AC)
Hill Rti Horse Shoe I R d
Horse "e
--Shoecy
;n
280
Etowah
Etowah 164.
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Legend 0 0.5 1 2
Project Boundary Miles
Drawn by: KAY 4 7.17, CEC Project# 849
Henderson County, CLearWater Site Vicinity
North Carolina
32 Clayton Street
Asheville, North Carolina 28801 Figure I

McElrath Carolina Investments, LLC (+/- 201 AC)
1 _
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Little Willow Creek 2
1 1 Project Boundary
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Legend '
- — 0 500 1,000 2,000
L --- ---- Project Boundary �� �'` Feet
r
D` n by , Y 4.7.1 Cgpeff 849 _ r
Henderson County, CLearWater USGS Topographic Map
Horse Shoe Quad
North Carolina 32 Clayton Street Figure 2
Asheville, North Carolina 28801

Culvert Removal - Tributaries to Little
Willow Creek
Henderson County, North Carolina
for
McElrath Carolina Investments, LLC
vlul uty iv1aN
Not to Scale
(9
BEFORE YOU DIG!
CALL 1-800-632-4949
N.C. ONE -CALL CENTER
IT'S THE LAW!
60% PLANS
ISSUED 4/5/2017
Figure 3
Sheet Index
Title Sheet
0.1
Legend and Notes
0.2
Overview / ESC
1.0
Plan & Profile
1.1-1.3
Details
2.1-2.2
Project Directory
Engineering/ Surveying: Owner:
Wildlands Engineering, Inc McElrath Carolina Investments,
167-B Haywood Road LLC
Asheville, NC 28806
Jacob McLean, PE
828-774-5447
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General Construction and Erosion Control Notes
1. THE EXACT ALIGNMENTS SHALL BE BASED ON FIELD
CONDITIONS AND IS GENERALLY A STRAIGHT-LINE FOLLOWING
THE EXISTING PIPES.
2. SOME STONE MAY BE GENERATED ON-SITE FOR USE IN RIFFLES
(UP TO 30%) AND ADDITIONAL STONE WILL BE BROUGHT IN
FROM QUARRY FOR RIFFLE CONSTRUCTION. ON-SITE STONE
SHALL BE GENERALLY FREE OF SILT, CLAY AND FINES.
3. EROSION CONTROL MEASURES WILL BE INSTALLED AND
MAINTAINED DURING ALL PHASES OF WORK AND WILL BE
REMOVED UPON COMPLETION. INSTALL ALL EROSION
CONTROL FOR PRELIMINARY ACTIVITIES PRIOR TO BEGINNING
WORK.
4. ALL DISTRUBED AREAS WILL BE SEEDED WITH TEMPORARY AND
PERMANENT SEED.
5. THE CONTRACTOR WILL RETURN PUBLIC AND PRIVATE
PROPERTY TO ITS PREEXISTING CONDITION, TO INCLUDE BUT
NOT LIMITED TO ROADS, UTILITIES, VEGETATION NOT
SPECIFIED TO BE ALTERED IN PLANS, AND FENCING, AND IS
FINANCIALLY RESPONSIBLE TO CONDUCT ANY AND ALL
NECESSARY REPAIRS TO THIS END.
6. APPLY EROSION CONTROL MATTING TO ALL SLOPES STEEPER
THAN 3:1.
7. PERMANENT STABILIZATION MUST BE ACHIEVED WITHIN 14
DAYS AFTER COMPLETION OF ANY PHASE OF WORK.
8. INSPECT EROSION CONTROL AFTER ALL RAIN EVENTS AND
REPAIR/MAINTAIN MEASURES IMMEDIATELY.
9. THE ENGINEER OR OWNER MAY STOP WORK AT ANY TIME DUE
TO FAILURE TO ADEQUATELY INSTALL AND MAINTAIN EROSION
CONTROL MEASURES.
Ground Stabilization Requirements per NCGO1
Site Area Description
Stabilization Time
Stabilization Time Frame
Existing Tree
Frame
Exceptions
Perimeter dikes, swales,
7 days
None
ditches and slopes
,�/
Proposed Brush Check Dam
High Quality Water
7 days
None
(HQW) Zones
—�
Slopes Steeper than 3:1
7 days
If slopes are 10' or less in length
Proposed Pump Around System
and are not steeper than 2:1, 14
days are allowed
Slopes flatter than 3:1
14 days
7 days for slopes > than 50' in
Proposed Staging Area
length
All other areas with
14 days
None (except for perimeters and
slopes < 4:1
HQW)
Extensions of time may be approved by the permitting authority based on
weather or other site-specific conditions that make compliance impracticable.
Inspection and Record Keeping Requirements per NCGO3
Measures shall be inspected once per 7 calendar days and within 24 hours of a rainfall
event of greater than 0.5" per 24 hour period. Corrective actions shall be performed as
soon as possible before the next storm event. Records must be kept on-site and available
for review during construction and must be maintained for 3 years and be available upon
request. A rain gauge must be installed at the site.
Abbreviated Construction Sequence
PRE -MOBILIZATION - SCHEDULE AND ATTEND PRE -CONSTRUCTION MEETING. CONTACT
HENDERSON COUNTY INSPECTIONS TO NOTIFY OF INTENT TO BEGIN CONSTRUCTION AT LEAST 72
HOURS BEFORE MOBILIZATION.
PHASE 1 - MOBILIZATION AND SITE PREP
1. MOBILIZE EQUIPMENT AND MATERIALS TO THE SITE. LOCATE LIMITS OF DISTURBANCE.
ESTABLISH STAGING AREAS, HAUL ROADS, SILT FENCES AND OTHER BMPS. INSTALL RAIN
GAGE AND LOCATION FOR STORING EROSION AND SEDIMENT CONTROL INSPECTION
REPORTS.
2. ALL HAUL ROADS WILL BE MONITORED FOR SEDIMENT LOSS ON A DAILY BASIS. IN THE EVENT
OF SEDIMENT LOSS, SEDIMENT FENCE OR OTHER APPROPRIATE PRACTICE WILL BE INSTALLED.
PHASE 2 - CHANNEL GRADING AND IN -STREAM STRUCTURE INSTALLATION
3. INSTALL PUMP -AROUND FLOW DIVERSION AND DEFINE WORK REACH BASED ON LENGTH OF
DIVERSION HOSES AND LENGTH OF CHANNEL THAT CAN BE STABILIZED BY THE END OF EACH
WORK DAY. PROCEED DOWNSTREAM IN SECTIONS. COMPLETE BANK GRADING AND
IN -STREAM STRUCTURES AND ENSURE THAT CHANNEL BED AND BANKS ARE FULLY
STABILIZED BEFORE REMOVING FLOW DIVERSION AND MOVING TO THE NEXT DOWNSTREAM
REACH.
4. WITH FLOW DIVERTED, HARVEST COBBLE AND GRAVEL MATERIALS FROM BED OF
DEWATERED CHANNEL FOR RE -USE IN CONSTRUCTED RIFFLES AND OTHER IN -STREAM
STRUCTURES.
PHASE 2A - BIOENGINEERING AND PLANTING
5. TREE AND SHRUB PLANTING AND LIVE STAKING WILL BE COMPLETED AFTER GRADING
OPERATIONS ARE COMPLETE AND DURING THE DORMANT SEASON (GENERALLY BETWEEN
DECEMBER AND APRIL).
PHASE 3 - DEMOBILIZATION
6. UPON COMPLETION OF STREAM AND FLOODPLAIN GRADING OPERATIONS, THE
CONSTRUCTION HAUL ROUTES AND STAGING AREAS WILL BE GRADED, RAKED, SEEDED AND
MULCHED AS NEEDED TO STABILIZE AREAS. ONCE THE SITE IS STABILIZED, SILT FENCES WILL
BE REMOVED.
7. THE CONTRACTOR WILL ENSURE THAT THE SITE IS FREE FROM TRASH AND EXCESS
CONSTRUCTION MATERIALS PRIOR TO DEMOBILIZATION OF EQUIPMENT FROM THE SITE.
8. NOTIFY HENDERSON COUNTY INSPECTOR OF PROJECT COMPLETION.
Existing Features
Proposed Features
Erosion and Sediment Control Features
Existing Tree
cccX::0 Proposed Rock Sill
Proposed Silt Fence
Existing Pipe
- Proposed Stream Centerline Alignment
- - -
,�/
Proposed Brush Check Dam
- Proposed Stream Bankfull Top of Bank
—�
Flow Direction
L_ iL
Proposed Permanent Fill (Seed &Mulch)
>
Proposed Pump Around System
Old Sediment Basin (Existing)
Proposed Staging Area
Proposed Pipe
Access Road / Route
"V.
Proposed Construction Entrance
FEMA Cross Section Location
(as necessary)
FEMA Stream c
Survey Notes
Proposed Limits of Disturbance
FEMA Regulatory Floodplain
SURVEY DATA WAS COLLECTED BY WILDLANDS ENGINEERING ON AN ASSUMED GRID
USING A LASER LEVEL. EACH OF THE CULVERT SITES WAS SURVEYED ON A
— —
County GIS Parcels
SEPARATE GRID. HORIZONTAL DATA WAS OBTAINED USING NC FLOODPLAIN
MAPPING PROGRAM (NCFMP) GEOREFERENCED AERIALS, REFERENCED TO NAD83.
Figure 3
A''oo''
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U

J! / WASTE FILL
AREA (TYP)
/STAGING AREA
! WITH SILT
FENCE (TYP)
UTI, REMOVE "156 `
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!
REBUILD STREAM
/ C I AND VALLEY, SEE
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X
UT1 AMA
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LIMITS OF
DISTURBANCE
((( / (TYP), 22,000 SO FT
ALT. ACCES
ROUTE (TYP)
IJ r
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1 r
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!
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UT2, REMOVE 489 LF
PIPET, REBUILD
STREAM AND VALLEY,
SEE SHT 1.2
APPLY PUMP AROUND
DETAIL DURING CULVERT
REMOVAL AND STREAM
WORK (TYP)
NO FILL PLACEMENT WITHIN
100 -YEAR FLOODPLAIN
LIMITS OF:
UT1 LOWER, REMOVE 200 LF 18"
PIPE, REBUILD STREAM AND
-EY, SEE SHT 1.3
START PAVED `\
ROAD
ACCESS LOCATION (GRAVEL) - INSTALL
CONSTRUCTION ENTRANCE IF NECESSARY
TO PREVENT SEDIMENT FROM ENTERING
ti PUBLIC RIGHT-OF-WAY
r.
DR1V EW AY
t
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500 -YEAR FLOODPLAIN
(OUTER LINE) -BACKWATER
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I 100 -YR FLOODPLAIN
BOUNDARIES (LIMITED
1 DETAIL STUDY AREA)
1 1
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2010 AERIAL FROM NC FLOODPLAIN MAPPING PROGRAM (NCFMP)
0' 100' 200' 300'
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STAGING
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J' — — — — — —r --
o, DO — — — — — — —
UT1 TO LITTLE WILLOW CK
REMOVE 155± LF 48" HDPE, CONSTRUCT RIFFLES AND
POOLS ALONG c, SEE TYPICAL SECTIONS 0+05 TO 1+60 END DAYLIGHTING UT1,
«� 1+60±
BEGIN STREAM DAYLIGHTING
UTI, 0+05--,
TIE -W WITHIN S'
UPSTI&AM OF CULVERT
FILL AREA (SEED AND
STRAW)
1,77
FILL OLD SEDIMENT
BASIN
ACCESS
EXISTING STABLE STREAM
OUTLET (RIPRAP)
PUMP EXISTING SEDIMENT,
AROUND BASIN (TYP)
CONSTRUCT BRUSH CHECKDAMS
TO PLUG EXISTING DITCH AND
PREVENT FUTURE EROSION ISSUE
SLOPE AND MAT
ERODING BANK, 10-15
LF
VKFUII BENCH ON LEFT
BANK TO MATCH TYPICAL RIF LE
DIMENSION, DO NOT DISTURB CHANNcI
STAGING
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J' — — — — — —r --
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UT1 TO LITTLE WILLOW CK
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POOLS ALONG c, SEE TYPICAL SECTIONS 0+05 TO 1+60 END DAYLIGHTING UT1,
«� 1+60±
BEGIN STREAM DAYLIGHTING
UTI, 0+05--,
TIE -W WITHIN S'
UPSTI&AM OF CULVERT
FILL AREA (SEED AND
STRAW)
1,77
FILL OLD SEDIMENT
BASIN
ACCESS
EXISTING STABLE STREAM
OUTLET (RIPRAP)
PUMP EXISTING SEDIMENT,
AROUND BASIN (TYP)
0' 10' 20' 30'
(" QR AQ
95 VARIES - VALLEY XSECS AVAILABLE FROM ENGINEER
TIE TERRACE SLOPE TO `
EXISTING GROUND
(`5' (MIN) 6.0' 5' (MIN)—
90 1 i _I_
85
80
75
0+00 0+50 1+00 1+50 1+77
RIFFLE LENGTHS ARE 30' PER RIFFLE. DROP IS 1.0' PER RIFFLE. CONSTRUCT RIFFLES USING STONE MIX SPECIFIED IN TYPICAL SECTION.
POOLS ARE 20' LONG PER POOL. SLOPE AT 10:1 FROM TAIL OR RIFFLE TO POOL MAX DEPTH SPECIFIED ON TYPICAL. SLOPE AT 10:1 BACK UP TO HEAD OF NEXT RIFFLE. POOLS ARE
INTENDED TO BE GENERALLY FLAT- UP TO 0.3' DROP ACROSS POOLS IS ACCEPTABLE.
�4S~�00t
00
BANKFULL
3:1 VALLEY
WALL SLOPES 0.75'
EX. 48 HDPE
BOTH SIDES
gANKFULL
(TYP)
INTO EXISTING STREAM UPSTREAM AND DOWNSTREAM OF PIPE
0' 10' 20' 30'
(" QR AQ
95 VARIES - VALLEY XSECS AVAILABLE FROM ENGINEER
TIE TERRACE SLOPE TO `
EXISTING GROUND
(`5' (MIN) 6.0' 5' (MIN)—
90 1 i _I_
85
80
75
0+00 0+50 1+00 1+50 1+77
RIFFLE LENGTHS ARE 30' PER RIFFLE. DROP IS 1.0' PER RIFFLE. CONSTRUCT RIFFLES USING STONE MIX SPECIFIED IN TYPICAL SECTION.
POOLS ARE 20' LONG PER POOL. SLOPE AT 10:1 FROM TAIL OR RIFFLE TO POOL MAX DEPTH SPECIFIED ON TYPICAL. SLOPE AT 10:1 BACK UP TO HEAD OF NEXT RIFFLE. POOLS ARE
INTENDED TO BE GENERALLY FLAT- UP TO 0.3' DROP ACROSS POOLS IS ACCEPTABLE.
�4S~�00t
00
EACH PLAN -PROFILE SHEET IS ON ITS OWN LOCAL VERTICAL GRID, HORIZONTAL DATA
BASED ON AERIAL PHOTOGRAPHY AND FIELD TRANSECTS WITH TAPE AND LEVEL
0' 3' 6' 9'
(VERTIUI�
Figure 3
0
3:1 VALLEY
WALL SLOPES 0.75'
- PROPOSED
TOE
BOTH SIDES
gANKFULL
(TYP)
PROPOSED GRADE
MIX EXISTING 10%
POOL TYPICAL, 1.5' DEPTH
(SAND/GRAV), BALLAST 50%
(NO LINING IN POOL)
(1-3.5"), CLASS A 10% (2-6")
3.5'x9" DEPTH
FIRM SUBGRADE
PROPOSED THALWEG
0.1' DEEPER THAN TOE
NOTE: SEED, STRAW AND MAT STREAM BANKS, BENCH AND TERRACE SLOPE
i
UT1 Typical Sections (Not to Scale)
EACH PLAN -PROFILE SHEET IS ON ITS OWN LOCAL VERTICAL GRID, HORIZONTAL DATA
BASED ON AERIAL PHOTOGRAPHY AND FIELD TRANSECTS WITH TAPE AND LEVEL
0' 3' 6' 9'
(VERTIUI�
Figure 3
0

OT.,
REMOVE 18" HDPE, CONSTRUCT RIFFLES AND POOLS A
0+00± OUTLET OF PIPED t, SEE TYPICAL SECTIONS 0+90-6+30
SECTION UNDER PAVED ACCESS
ROAD K
INSTALL 20 LF 48" DIA HDPE
(REUSE FROM ONSITE UTI)
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2-00
C" i --� 3400
BEGIN WORK AT LARGER UPSTREAM "
HEACUT (34) UT2, 0+45±
FILL TO MATCH VALLEY PROFILE
SHOWN BELOW
4�
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MANHOLE
TOP= 89.6
SMALL HEADCUT (d'j BEGIN STREAM DAYLIGHiING,
0+90±
MANHOLE AND PIPE fillilildiA EXCESS FILL
SYSTEM MAY 8E HERE, LID WASTE AREA
WAS STUCK DURING r
SURVEY
1.5' DROP ON 1stEXISTING FILL HEIGHT ALONG PIPE (AND PROPOSED
RIFFLE /—VALLEY/STREAM) t, APPROX.
EX. 18" HDPE
0' 30' 60' 90'
(HORIZONTAL)
—VARIES - VALLEY XSECS AVAILABLE FROM ENGINEER
TIE TERRACE SLOPE TO
EXISTING GROUND
I 5' (MIN)--L�6.p'--'tom-5'
TOE `-' "-' --'-
(NP)BANKFULL
WALL SLOPESIX EXISTING 10% (SAND/GRAV), ABC 30%,
BOTH SIDESLLAST 50% (1-3.5"), CLASS A 10% (2-6")
3:1 VALLEY 0,47OF1'
PROPOSED GRADEx9" DEPTH
POOL TYPICAL, 0.75' DEPTHOPOSED
THALWEG
FIRM SUBGRADE
DEEPER THAN TOE
NOTE: SEED, STRAW AND MAT STREAM BANKS, BENCH AND TERRACE SLOPE
UT2 Typical Sections (Not to Scale)
TIE IN TO EXISTING VALLEY UPSTREAM AT HEADCUT AND
DOWNSTREAM OF PIPE AT CHANNEL INVERT
��IIIIIIIiiiiiiiiiilw;:-FILLVMIN. ABOVE
grPROFILE GRADE BREAK, TRANSITION TO 1.0'/30'
TOP OF PIPE m== RIFFLES AND 0.4' ROCK SILLS INTO POOLS
BELOW HERE
ALL 20 LF 48" HDPE, EMBED
HEADGUTS EX. STREAM RIFFLES, APPLH-
0,50
INVERT, 1.25' BELOW PROPOSED
GRADE (TYP) TYPICASTREAM GRADE
1+00 1+50 2+00 2+50 3+00
RIFFLE LENGTHS ARE 30' PER RIFFLE. TYPICAL DROP IS 1.0' PER RIFFLE. CONSTRUCT RIFFLES
USING STONE MIX SPECIFIED IN TYPICAL SECTION.
POOLS ARE 20' LONG PER POOL. SLOPE AT 10:1 FROM TAIL OR RIFFLE TO POOL MAX DEPTH
SPECIFIED ON TYPICAL. SLOPE AT 10:1 BACK UP TO HEAD OF NEXT RIFFLE. POOLS ARE
INTENDED TO BE GENERALLY FLAT- UP TO 0.3' DROP ACROSS POOLS IS ACCEPTABLE.
0.4' ROCK SILL
DROP (TYP)
3+50 4+00 4+50 5+00 5+50
Figure 3
6+00
0' S' 10' 15'
)VERTICAL)
6+30
EACH PLAN -PROFILE SHEET IS ON ITS OWN LOCAL VERTICAL GRID, HORIZONTAL DATA
BASED ON AERIAL PHOTOGRAPHY AND FIELD TRANSECTS WITH TAPE AND LEVEL
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DAYLIGHTING UTl
LOWER 0+5;;+
DROWNED CULVERT
OULET 2+50
0' 10' 20' 30'
(HONIZONTRII
MATCH BANKFULL EXISTING FILL HEIGHT BANKFULL TO FOLLOW EXISTING
TO EXISTING ALONG PIPE (AND) PROPOSED GROUND FROM HERE DOWN, WSF BELOW 1ST
GROUND ABOVE PIPE STREAM)t, APPROX. ADJUST TYPICAL ACCORDINGLY BEAVER DAM
,00 FILL 2' MIN. ABOVE (TARGET END OF ,00 VARIES - VALLEY XSECS AVAILABLE FROM ENGINEER
RIFFLES, APPLY TOP OF PIPE PROJECT TIE-IN ELEV.) TIE TERRACE SLOPE c
TYPICAL
BANKFULL-
TO EXISTING GROUND
�
95 REFER TO 95 TYPICAL 5' (MIN) 7' S' (MIN)
_
I
z.o9c
3.3'
90 90
BANKFULL BENCH I_ BANKFULL BENCH
EXCAVATE —INSTALL 20 LF 48" HDPE, _ TTT
POOLS — EMBED INVERT, 1' BELOW INVERT, EX. - TOE PROPOSED
85 —PROPOSED STREAM GRADE DOUBL4'E PIPE es 3:1 VALLEY 0.91 (TYP) BANKFULL
USE ROCK STRUCTURE FOR PUMP AROUND AND — FOOTER OUTLET WALL SLOPES
T I SET NEW GRADE AT EXISTING PIPE ENTRANCE -- (DROWNED) BOTH SIDES
MIX EXISTING lO% (SAND�GRAV),
80 80 PROPOSED GRADE BALLAST 50% (1-3.5"), CLASS A 10% (2-6")
I
O+ DO o+so ,+oo ,+so 2+00 2+50 2.80 3.5'x9" DEPTH
TIE IN TO EXISTING STREAM UPSTREAM OF PIPE POOL TYPICAL, I PROPOSED THALWEG
(ABOVE HEADCUTS), AND DOWNSTREAM OF PIPE 1.4 MAX DEPTH 0.1' DEEPER THAN TOE
(BELOW 1ST BEAVER DAM) FIRM SUBGRADE
NOTE: SEED, STRAW AND MAT STREAM BANKS, BENCH AND TERRACE SLOPE
RIFFLE LENGTHS ARE 30' PER RIFFLE. DROP IS 1.0' PER RIFFLE. CONSTRUCT RIFFLES USING STONE
MIX SPECIFIED IN TYPICAL SECTION.
POOLS ARE 20' LONG PER POOL. SLOPE AT 10:1 FROM TAIL OR RIFFLE TO POOL MAX DEPTH
SPECIFIED ON TYPICAL. SLOPE AT 10:1 BACK UP TO HEAD OF NEXT RIFFLE. POOLS ARE INTENDED
TO BE GENERALLY FLAT- UP TO 0.3' DROP ACROSS POOLS IS ACCEPTABLE.
o' s' 10' 15' UT1 Lower Typical Sections (Not to Scale)
�VENTIUI) Figure 3
EACH PLAN -PROFILE SHEET IS ON ITS OWN LOCAL VERTICAL GRID, HORIZONTAL DATA
BASED ON AERIAL PHOTOGRAPHY AND FIELD TRANSECTS WITH TAPE AND LEVEL
U
0
o�

SEE PROFILE
FOR LENGTH OF RIFFLE -
I B'
Plan View \ EXTEND CHANNEL LINING ABOVE TOE OF
B SLOPE AS SHOWN IN STREAM SPECIFIC TYPICAL SECTION
9-12" THICKNESS, OK TO
INCORPORATE ON-SITE BRANCHES AND LIMBS (WOOD)
RIFFLE INVERT PER PROFILE
ON u T. x
NOTES:
ELV MATERIAL SPECIFIED IN TYPICAL 1>y/
2. MATERIAL SHALL BE WELL MIXED AND COMPACTED. / / / TOP Of BANK (TVP)
3. THALWEG SHALL BE CONSTRUCTED IN CENTER OF RIFFLE '
(INVERT). EDGES MAY BE 1-2" HIGHER.
Profile A -A' 4. 0.5-3" DEAD OR NON -SPOUTING WOOD MAY BE MIXED Section B -B'
OR SUBSTITUTED FOR UP TO 30% OF GRAVEL VOLUME
WITH ENGINEER APPROVAL.
SILL ELEVATION
PER PROFILE
Riffle
2.1 Not to Scale
12-18" THICKNESS
OF EQUAL PARTS
CLASS A,, B, GRAVEL OR EXISTING ON-SITE STREAM GRAVEL WHERE APPROVED
ON-SITE BOULDERS ARE PRESENT AND SHALL
BE USED AS DIRECTED
-' PRICE FOR OFFSITE BOULDERS WILL ALSO BE SOLICITED
FOOTERS, SEE NOTE 3
Plan View Profile A -A'
TOP OF BANK SILL ELEVATION PER PROFILE
>y w17 17 �7771
EMBED 3'
INTO
BANK (TYP)
Section B -B'
3 Rock Sill
2.1 Not to Scale
FILTER FABRIC
EXTEND FILTER
FABRIC 5' MIN.
UPSTREAM
NOTES:
1. HARVESTED OR OFFSITE BOULDERS
SHOULD BE MINIMUM OF 1.5.1.5x1
2. BOULDERS SHOULD FIT TOGETHER WELL
AND GAPS SHALL BE CHINKED
WITH STONE TO PLUG BEFORE APPLYING
FABRIC
3. USE THEN OF FOOTERS DESIGNATED ON
PROFILE, OR USE 1 FOOTER IF NOT SHOWN
IN PROFILE
NOTES:
1. LIVE STAKES TO BE PLANTED IN AREAS AS SHOWN ON
PLANS AND DIRECTED BY THE ENGINEER.
2. 3' SPACING IN STAGGERED DIAMOND PATTERN
3. LIVE STAKING SHOULD BE COMPLETED DURING THE
DORMANT SEASON, GENERALLY DECEMBER TO APRIL.
Live Stakes
(use at least thee of species Listed)
sc e'ti6C Nacre
Camnon Name
Com. amo
Silky DogA—d
Sala sencea
Silky Willos
PhysocapA opW blm
NinebaN
SambM1 CaMdeMM
Eloerheny
CeplglamftS MCKlertal is
BrltoraAh
tt'a*
(��P� TOP OF BANK
3
LIVE STAKE (TYP)
BASEFLOW WATER '-
ELEVATION
TOE OF SLOPE STAGGER ABOUT BANKFULL
LIVE STAKE
STAGGER AT TOE AND HALF BANK
Section View
Plan View IUE OF SLOPE
NOTES:
1. STAKE NOT REQUIRED WHEN
MATTING IS SECURED UNDER 12-18" OF
RIFFLE MATERIAL, MIN. Of 12" OVERLAP
BASEFLOW WATER ELEVATION
Q Live Staking
2.t Not to bcale
6" MIN. OVERLAB IN
DOWNSTREAM DIRECTION
AT MAP ENDS
TOP OF BANK .
OF SLOPE
EROSION CONTROL
MATTING (TYP)
ECO -STAKE (TYP)
TOE OF SLOPE
Section View
STAKE (TVP)
)P OF BANK
SECURE MATTING IN
6" DEEP TRENCH
STAKE (TYP)
a Erosion Control Matting
2.t Not to Scale
Live Stake Detail
1/2" TO 2"
DIAMETER
1.25"
Q, 'T\ r
I
HARDWOOD STAKE
0.6"
Eco Stake
Figure 3
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rz moo"
-m=mni
E
3 LL
U
H
e
FF
v
Q

/ / HOSE
IMPERVIOUS DIKE INTAKE
(SEE INSET "B")\ PUMP
HIGH STRENGTH
DOUBLE STITCHED
'1" TYPE SEAMS.
BAG PLACED ON
AGGREGATED OR STRAW.
DISCHARGE HOSE c
9�
�0
t
99
INTAKE HOSE
DEWATERING
PUMP
DISCHARGE HOSE /
DEWATERING BAG
(SEE INSET -A")
Plan View
IMPERVIOUS DIKE
(SEE INSET "B')
10'X 5' STABILIZED OUTLET
USING CLASS B RIPRAP AND
NCDOT TYPE 2 FILTER FABRIC
(SEE INSET -C-)
SEWN IN SPOUT
HIGH STRENGTH STRAPPING
TERING FOR HOLDING HOSE
AG IN PLACE.
—WATER FLOW
FROM PUMP
15'
FLEXIBLE
DISCHARGE HOSE
Inset 'A"
Dewatering Ba>;
SAND BAG
(24" X 12" X 6')
OR STONE.
IMPERVIOUS SHEETING
FLOW
Inset "B"
Impervious Dike
Pum Around S stem Inset "C"
4 1 p y Stabilized Outlet
22 Not to Scale
EXISTING TERRAIN DEWATERING BAG
STREAM BE)
a
FILTER FABRIC
STABILIZED OUTLET USING CLASS B
RIPRAP TRENCHED INTO EXISTING
GROUND A MINIMUM OF 6". SIZE AND
LOCATION TO BE DETERMINED IN THE
FIELD BY THE ENGINEER.
FLEXIBLE DISCHARGE HOSE FROM
10' MIN. / PUMP AROUND PUMP HELD IN PLACE
WITH SAND BAGS AS NEEDED.
NOTES:
1. IF PUMPING CLEAN WATER, NO DEWATERING BAG IS REQUIRED.
2. STREAM HAS SMALL BASE FLOW. A SUITABLE OUTLET LOCATION IN
THE WOODS MAY BE IDENTIFIED AT THE DISCHARGE LOCATION SO
THAT NATURAL FILTRATION CAPACITY OF FOREST FLOOR AND TO
AVOID UNNECESSARY DISTURBANCE FOR STONE DEWATERING PAD
OR STONE OUTLET.
POND DRAWDOWN AND GENERAL PUMPING SEQUENCE:
1. SET UP EROSION CONTROL AND TEMPORARY CROSSING OF BREACH
CHANNEL AND REMOVE TREES AND DAM FREEBOARD TO THE EXTENT
PRACTICAL.
2. USE PUMP TO DRAW DOWN POND (EXPECTED TO TAKE 1-3 DAYS).
3. SET UP DIKE AT DOWNSTREAM END OF BREACH CHANNEL
(IMMEDIATELY UPSTREAM OF DOWNSTREAM PROJECT LIMITS).
4. WHILE CONTINUING TO PUMP BASE FLOW AROUND, EXCAVATE A
TEMPORARY CHANNEL CONNECTION THROUGH THE DAM. THE NEW
CHANNEL SHALL BE A STRAIGHT CHANNEL MATTED WITH COIR FIBER
(SIDES AND BOTTOM) AND WITH CHECK DAMS TO SLOW WATER
FLOW. A PIPE MAY BE USED IF SIZED TO PASS THE 2 YEAR FLOW.
ENGINEER WILL WORK WITH CONTRACTOR TO ASSESS.
5. SET UP A TEMPORARY CROSSING (PIPE OR WOOD MAT BRIDGE) OF
THE TEMPORARY CHANNEL
6. REMOVE REMAINDER OF SOIL FROM DAM AND SHAPE FLOODPLAIN.
7. MAINTAIN TEMPORARY CHANNEL AND CONSTRUCT NEW DESIGN
CHANNEL WHILE PUMPING AROUND EACH DAV. RETURN FLOW TO
COMPLETED NEW CHANNEL AND THEN INTO TEMPORARY CHANNEL
EACH NIGHT.
Figure 3
UQ
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�t 3z�mz
-i
z 2.6 x1d=aunm
v^mL�x
i
r
E
B' MAX. WITH WIRE
(6' MAX. WITHOUT WIRE)MIDDLE FRES
AND VERTICAL W
SHALL BE I2}GAGE MIN
FILTER FABRIC
T.M. 6.24. Tem nn%-dln Ke-ari—dadar
Riparian Seed Mix
TOP AND BOTTOM STRAND
Wb r
Stream Banks, Disturbed Buller and Upland Areas
SHALL BE 10 GAUGE MIN.
Common Name Sdentlflc Name Acro Optimal PlariBng Date
Seeding Rate: 201LVacre
Moamar. Piadmcrt coastaipw
Ryegam S•iale-.1e 30 t, A4 15 -May 15 Aug 15 -Mayr Aug 15 -AV 15
Species Name
Common Name Percentage
WIRE
When 'rNcun aestivum 301, AW 15 -May 15 Aug 15 -May! Aug 15-Ap 15
Panicum clandestinum
Deer Tongue
20
C nun mild Saris.'. 4a1u 10 tr: May 15 -Aug 15 Mayt -ALg 15 Ap 15 -Aug 15
Er -".linnet thochloa rarnora 10 bs May 15 -Ag t5 Mayt-Ag. 15 AFF. 15 -Aug 15
gerardii
Big Bluestein
20
FILTER FABRIC
SEEDING:
Elymus Nrginicus
Virginia wildrye
20
NOTES:
CtFABRIC
EXISTING GROUND
Lndropogon
orghestrum nutans
Indiangrass
20
1. USE WIRE A MINIUM OF 32" IN WIDTH AND WITH
1. SEEDBED WILL BE AMENDED WITH TOPSOIL APPLICATION.
A MINIMUM Of 6 LINES OF WIRES WITH 12" STAY
2. PH LEVEL OF SOIL SHALL BE 5.5 TO 7
smantNum latifolium
River Oats
10
SPACING.
3. SEEDBED SHALL BE LOOSE AND FREE OF ROCKS AND DEBRIS PRIOR TO SEEDING AND MULCHING
2. USE FILTER FABRIC A MINIMUM OF 36" IN WIDTH
4. FOR PERMANENT SEEDING, REFER TO NOTES ON SHEET 1.1. TEMPORARY AND PERMANENT
Juncus ellusus
SoR Rush
10
AND FASTEN ADEQUATELY TO THE WIRES AS
SEED SHOULD BE APPLIED TOGETHER IF PLANTING DATES ALLOW.
DIRECTED BY THE ENGINEER.
��
MULCHING:
(1 Permanent
Riparian Seed Mix
3. PROVIDE 5' STEEL POST OF THE SELF -FASTENER
ANGLE
4'
EXTE1.
g p
2 TONS PER ACRE
2.2 Not to Scale
STEELTVPE. ANGLESTEEITYPE.
INT
N H
2. GRAIN STRAW PREFERED, NCDOT ALTERNATIVES WILL BE CONSIDERED UPON REQUEST, AS WILL
LEAVES
3. SEEDBED SHALL BE LOOSE AND FREE OF ROCKS AND DEBRIS PRIOR TO SEEDING AND MULCHING
C1 Temporary Seeding and Mulching
2.2 Not to Scale
Temporary Silt Fence
2.2 of to xale
/ / HOSE
IMPERVIOUS DIKE INTAKE
(SEE INSET "B")\ PUMP
HIGH STRENGTH
DOUBLE STITCHED
'1" TYPE SEAMS.
BAG PLACED ON
AGGREGATED OR STRAW.
DISCHARGE HOSE c
9�
�0
t
99
INTAKE HOSE
DEWATERING
PUMP
DISCHARGE HOSE /
DEWATERING BAG
(SEE INSET -A")
Plan View
IMPERVIOUS DIKE
(SEE INSET "B')
10'X 5' STABILIZED OUTLET
USING CLASS B RIPRAP AND
NCDOT TYPE 2 FILTER FABRIC
(SEE INSET -C-)
SEWN IN SPOUT
HIGH STRENGTH STRAPPING
TERING FOR HOLDING HOSE
AG IN PLACE.
—WATER FLOW
FROM PUMP
15'
FLEXIBLE
DISCHARGE HOSE
Inset 'A"
Dewatering Ba>;
SAND BAG
(24" X 12" X 6')
OR STONE.
IMPERVIOUS SHEETING
FLOW
Inset "B"
Impervious Dike
Pum Around S stem Inset "C"
4 1 p y Stabilized Outlet
22 Not to Scale
EXISTING TERRAIN DEWATERING BAG
STREAM BE)
a
FILTER FABRIC
STABILIZED OUTLET USING CLASS B
RIPRAP TRENCHED INTO EXISTING
GROUND A MINIMUM OF 6". SIZE AND
LOCATION TO BE DETERMINED IN THE
FIELD BY THE ENGINEER.
FLEXIBLE DISCHARGE HOSE FROM
10' MIN. / PUMP AROUND PUMP HELD IN PLACE
WITH SAND BAGS AS NEEDED.
NOTES:
1. IF PUMPING CLEAN WATER, NO DEWATERING BAG IS REQUIRED.
2. STREAM HAS SMALL BASE FLOW. A SUITABLE OUTLET LOCATION IN
THE WOODS MAY BE IDENTIFIED AT THE DISCHARGE LOCATION SO
THAT NATURAL FILTRATION CAPACITY OF FOREST FLOOR AND TO
AVOID UNNECESSARY DISTURBANCE FOR STONE DEWATERING PAD
OR STONE OUTLET.
POND DRAWDOWN AND GENERAL PUMPING SEQUENCE:
1. SET UP EROSION CONTROL AND TEMPORARY CROSSING OF BREACH
CHANNEL AND REMOVE TREES AND DAM FREEBOARD TO THE EXTENT
PRACTICAL.
2. USE PUMP TO DRAW DOWN POND (EXPECTED TO TAKE 1-3 DAYS).
3. SET UP DIKE AT DOWNSTREAM END OF BREACH CHANNEL
(IMMEDIATELY UPSTREAM OF DOWNSTREAM PROJECT LIMITS).
4. WHILE CONTINUING TO PUMP BASE FLOW AROUND, EXCAVATE A
TEMPORARY CHANNEL CONNECTION THROUGH THE DAM. THE NEW
CHANNEL SHALL BE A STRAIGHT CHANNEL MATTED WITH COIR FIBER
(SIDES AND BOTTOM) AND WITH CHECK DAMS TO SLOW WATER
FLOW. A PIPE MAY BE USED IF SIZED TO PASS THE 2 YEAR FLOW.
ENGINEER WILL WORK WITH CONTRACTOR TO ASSESS.
5. SET UP A TEMPORARY CROSSING (PIPE OR WOOD MAT BRIDGE) OF
THE TEMPORARY CHANNEL
6. REMOVE REMAINDER OF SOIL FROM DAM AND SHAPE FLOODPLAIN.
7. MAINTAIN TEMPORARY CHANNEL AND CONSTRUCT NEW DESIGN
CHANNEL WHILE PUMPING AROUND EACH DAV. RETURN FLOW TO
COMPLETED NEW CHANNEL AND THEN INTO TEMPORARY CHANNEL
EACH NIGHT.
Figure 3
UQ
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�t 3z�mz
-i
z 2.6 x1d=aunm
v^mL�x
i
r
E

McElrath Carolina Investments, LLC (+/- 201 AC)
I
BaC
Legend
— Project Boundary
Soils
AhF; AhG - Ashe Stony Sandy Loam
BaB; BaC - Bradson Gravelly Loam
BrC - Brevard Loam
EdE; EdF - Edneyville Fine Sandy Loam
EnB - Elsinboro Loam
EwE; EwF - Evard Soils
Ha - Hatboro Loam
HyE - Hayesville Loam
TeC - Tate Fine Sandy Loam
To - Toxaway Sift Loam
TsC - Tusquftee Loam
TuE - Tusquftee Stony Loam
W- Water
SevenFallsLLCPropertyUpdated12.5.16
wn bv: KAY 4.7.17; CEC Project# 849
Henderson County,
North Carolina
HyE
I
I
HyE
1
BaC
TeC
EnB
BaB
HyE
BaB
Ba�a�
HyE \ \—
AbG
Ah)
�l
I _ _
EdF
\ — Ahf
To TSC AhF j
BaC
;l
BaB
/I Te
W AhG
�1
E
j EdE
�4hG —
CLearWater
32 Clayton Street
Asheville, North Carolina 28801
EwE
EdE
AhF\,
TeC TuE BrC AhF\;
C %
0 250 500 1,000
Feet
USDA Soils Map
Figure 4

McElrath Carolina Investments, LLC (+/- 201 AC)

McElrath Carolina Investments, LLC (+/- 201 AC)
Legend �!
it 100 -YR Floodplain
Project Boundary
Drawn by: KAY 4.7.17; CEC Project# 849
100 -YR Floodplain
\
;\
Project Boundary
I
I
I
0 250 500 1,000
Feet
CLearWater FEMA Floodplain Map
Henderson County, FEMA Map Service Center
North Carolina 32 Clayton Street p Ma Panels 9527 & 9528
Asheville, North Carolina 28801 Figure 6

McElrath Carolina Investments, LLC ( +/- 201 AC
Jurisdictional wetlands and waters identified on this map
have been located within sub -meter accuracy utilizing a
Trimble mapping grade Global Positioning System (GPS)
and thesubsequent differential correction of that data.
--
GPS pointsmay demonstrate uncorrectable errors due to
topography, vegetative cover, and/or multipath signal
error.
Total Wetland Impacts From AG Use:
+/- 0.15 AC
Note:The illustrated wetland and stream locations are
pay
x
approximate. Although Clearwater Environmental;.
>
Consultants, Inc. (CEC) is confident in our assessment,
+/- 269 LF
the US Army Corps of Engineers (Corps) is the only
+/- 912 LF
agency that can make final decisions regarding
-
junsdictionalwetland and waters of the US delineations.
+/- 1,285 LF
Therefore, all preliminary determinations are subject to
change until written verification is obtained. CEC
strongly recommends that a new delineation and written
'.
`
verification be obtained from the Corps prior to dosing on
the property, beginning any site work, or making any
legal reliance on this determination.
This map was prepared by CEC using the best
information available to CEC at the time of production.
This map is for informational purposes only and should
not be used to determine precise boundaries, roadways,
property boundary lines, nor legal descriptions. This map
shall not be construed to be an official survey of any data
a
a
depicted.
e
Source Data: Aerial is from NCCGIA 2015. Jurisdictional ,
wetlands and waters included on this map represent data
verified by the Corps in 2008 and an unverified site
evaluation conducted in March of 2017 by CEC. This
jurisdictional boundary verification has expired %
1
i UT1 (Upper) t
!Remove Culvert
Legend
Existing Goff Course Culvert, Non -Compliance With Corps & D
Pre -Existing Road Culvert
Stream
Stream Impact
2017 In -Stream Sediment
Relocated Stream
^� Open Water
y 2017 Linear Wetland
Wetland
2017 Wetland
® Welland Impact - AG Use
Wetland Impact -Seven Falls
-----� Project Boundary (-1- 202 AC)
Drawn by: KAY 3.15.16; Project# 849;
Updated 4.13.17
Henderson County,
North Carolina
"Al V N - r
vy g
6
IS,
----- t!=
,r + Tl
J
•: rods r
Pre -Existing NCDCT j
Road Culvert
+/- 40 LF
r�
S
Total Area: +/- 201 AC
Total 2008 Wetlands: +/- 2.76 AC
Total 2017 Wetlands: +/- 0.68 AC
Total Wetlands: +/- 3.44 AC
Total Streams: +/- 18,102 LF
Total Wetland Impacts From AG Use:
+/- 0.15 AC
Total Wetland Impacts From Seven Falls:
+/- 0.10 AC
Total Wetland Impacts:
+/- 0.25 AC
Relocated Stream:
+/- 269 LF
Culvert Impacts:
+/- 912 LF
2017 In -Stream Sediment:
+/- 104 LF
Total Stream Impacts:
+/- 1,285 LF
a r7
r UT2
Remove +/- 489 LF of Culvert j
Install 20 LF of 48" Culvert Reused
From UT1 (Upper)
Relocated Stream
f +/- 269 LF a
JIF
1 (Lower)
move +/- 200 LF of Culvert
tall 20 LF of 48" Culvert Reusedm UT1 (Upper)
i
Pre -Existing Farm Culvert I
+/ 12 LF
t Photo 4 Photo 5
Photo 1
Dam oP /
Failure
+/- 12-24" 5 Pre -Existing Farm Culvert
t In -Stream '""`1 +/- 12 LF
t Sediment
r�
0 500 1,000 2,000
Feel
CLear"WaLer
32 Clayton Street
Asheville, North Carolina 28801
Sediment Impacts
& Project
Overview Map
Figure 7

Attachment A
Permit Information
USACE Action ID. No. 2007-3367
DWQ #20071505, Ver.

l<
REPLY TO
ATMMON OF:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
August 8, 2008
Regulatory Division
Action ID. 2007-3367
Mr. Keith Vinson
Mountain Development Company, LLC
130 South Main Street
Hendersonville, North Carolina 28792
Dear Mr. Keith Vinson:
In accordance with your written request of September 7, 2007, and the ensuing
administrative record, enclosed are two copies of a permit to place fill in 6,990 linear feet of
stream channel, 1.48 acres of wetlands, and 0.57 acre of open water in order to construct road
crossings and other needed infrastructure for the residential development and golf course known
as Seven Falls, on Pleasant Grove Road, near Etowah, Henderson County, North Carolina. This
permit also authorizes 150 linear feet of temporary impacts to stream channels associated with
utility line installation.
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.
This correspondence contains an initial proffered permit for the above described activity. If
you object to this decision or the enclosed special conditions you may request that the District
Commander reconsider his decision. Enclosed you will find a Notification of Appeal Process

2
(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 District Commander, Wilmington District Corps of
Engineers at the following address:
Col. Jefferson M. Ryscavage, District Commander
US Army Corps of Engineers, Wilmington District
Post Office Box 1890
Wilmington, North Carolina 28402-1890
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 October 8, 2008.
**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
Amanda Jones at the Asheville Regulatory Field Office, telephone [phone] extension
231.
Sincerely,
William T. Walker
Chief
Asheville Regulatory Field Office

DEPARTMENT OF THE ARMY PERMIT
Permittee Mountain Development Company, LLC
Permit No. 2007-3367
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 6,990 linear feet of stream channel, 1.48 acres of wetlands, and
0.57 acre of open water in order to construct road crossings and other needed infrastructure for the
residential development and golf course known as Seven Falls. This permit also authorizes 150
linear feet of temporary impacts to stream channels associated with utility line installation.
Project Location: on Pleasant Grove Road, near Etowah, Henderson County, North Carolina.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on August 8, 2013. 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 or 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))

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 SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this 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 on 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.
2

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 permit 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, i
Wevelopment Company, LLC
(PERMITTEE)
and agree to comply with the terms and conditions of this permit
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
�ek e�:�Vlzx-
ell
JEFFERSON K RYSCAVAGE, COLONEL (DATE)
(DISTRICT COMMANDER)
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: 1996 - 717425

SPECIAL CONDITIONS
Work Limits
a) 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.
b) 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.
c) 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.
Related Laws
d) The North Carolina Division of Water Quality has issued a conditioned Water Quality
Certification for your project; the conditions of that certification are hereby incorporated as
special conditions of this permit. For your convenience, a copy of the certification is attached if
it contains such conditions.
e) 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],
Ext 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
Project Maintenance
f) 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.
g) Unless otherwise authorized by this permit, all fill material placed in waters or wetlands will
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.

h) 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.
i) 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).
j) 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.
Enforcement
k) Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10
of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army
Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Time of Year Restrictions
1) In order to protect the egg and fry stages from sedimentation during the trout spawning
period, no excavation or filling will be permitted in -stream or within the 25 -foot buffer zone
between the dates of October 15 and April 15 of any year without the prior approval of the North
Carolina Wildlife Resources Commission and the Corps of Engineers.
Mitigation
m)In addition to the mitigation requirements listed below, you shall mitigate for unavoidable
impacts to 6,990 linear feet of stream channel and 1.48 acres of wetlands associated with this
project by payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in the
amount necessary to perform restoration to 1.48 acres of riparian hardwood wetlands and 1,884
linear feet of cool water stream in the French Broad River Basin (Cataloging Unit 06010105).
Construction within jurisdictional areas on the property shall begin only after the permittee has
made full payment with certified check to the NCEEP, and the NCEEP has made written
confirmation to the District Engineer, that it agrees to accept responsibility for the mitigation
work required, pursuant to Paragraph N.D. of the Memorandum of Understanding between the
North Carolina Department of Environment and Natural Resources and the U.S. Army Corps of
Engineers, Wilmington District, dated November 4, 1998.
2

n) As part of the mitigation requirements, the permittee will mitigate for unavoidable impacts to
6,990 linear feet of stream channels associated with this project by conducting off-site
restoration/enhancement activities on approximately 4,708 linear feet of stream channel. The
stream restoration/enhancement will be conducted according to the plan titled "Conceptual Plan
for Stream Restoration at the Future Laurel Park Nature Park" dated July 24, 2007, utilizing
natural channel design techniques at two off-site locations: Hollabrook Farms Subdivision and
Laurel Park Nature Park Activities prescribed by this plan shall be undertaken either before or
concurrently with the commencement of any construction activities within jurisdictional areas
authorized by this permit. Emergent, tree, and shrub species planted shall consist of species
native to the Henderson County area The requirements found in the mitigation plan shall be
fully completed within one year of the date of issuance of this permit. The Corps of Engineers
will be provided "as built" drawings of the new channels within 90 days of channel completion
and subsequent monitoring will be conducted as described in the mitigation plan. The permittee
shall monitor channel stability within the newly constructed channels through 2 bankfull events
or 5 years, whichever is longer. Monitoring reports shall be supplied to the Corps of Engineers
and the North Carolina Division of Water Quality no later than 90 days after the completion of
monitoring for each year.
o) As part of the mitigation requirements, the permittee also agrees to preserve approximately
$1,743 linear feet of stream channel on the property and associated 30 -foot undisturbed riparian
buffers on each side of the stream channels as depicted on the attached plans May 22, 2008.
These areas will be preserved through the implementation of a restrictive covenant as described
below in conditions (q) and (r).
p) The permittee will mitigate for unavoidable impacts to wetlands by payment into NCEEP as
described above and also by constructing 0.50 acre of littoral shelves around three on-site ponds.
Activities prescribed the plan titled "Conceptual Plan for Stream Restoration at the Future Laurel
Park Nature Park" dated July 24, 2007 shall be undertaken either before or concurrently with the
commencement of any construction activities within jurisdictional areas authorized by this
permit. Emergent, tree, and shrub species planted shall consist of species native to the
Henderson County area The requirements found in the mitigation plan shall be fully completed
within one year of the date of issuance of this permit.
q) The Permittee shall submit to the Corps for approval, a restrictive covenants for the purpose
of maintaining proposed preservation areas in their natural state in perpetuity. Prohibited
activities within the mitigation property shall specifically include, but not be limited to: the
construction or placement of roads, walkways, buildings, signs, or structures of any kind (i.e.,
billboards, interior fences, etc.); filling, grading, excavation, leveling, or any other earth moving
activity other than those associated with restoration/enhancement work or activity that may alter
the drainage patterns on the property; the cutting, mowing, destruction, removal, damage or other
alteration of any vegetation; disposal or storage of any debris, trash, garbage, or other waste
material; except as may be authorized by subsequent modifications which are approved by the
Corps of Engineers.
r) The restrictive covenants and plat, as approved by the Corps of Engineers, shall be recorded
in the Register of Deeds for Henderson County prior to the sale or conveyance of any lots,
3

phases, or other property within the subdivision. The permittee shall also cause to be recorded a
plat, showing the subdivision plan for the property, the boundary of the preservation areas, and
the boundary of jurisdictional waters of the United States. The permittee shall enforce the terms
of the restrictions set forth in the deed, and, prior to conveyance of the property, shall take no
action on the property described in the deed inconsistent with the terms thereof.
s) The permittee and subsequent property owners shall take no action, whether on or off the
mitigation property, which will adversely impact the stream habitat on the preservation property.
t) Condition (q), above, runs with the land. The permittee shall not sell, lease, or otherwise
convey any interest in the mitigation property without subjecting the property to legally
enforceable restrictions on the use of the property, to ensure its preservation in perpetuity,
approved in writing by the Wilmington District Corps of Engineers.
u) The permittee will maintain the authorized work in good condition and in conformance with
the terms and conditions of this permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without having it transferred to a third party.
v) If concrete is used during culvert installation (headwalls), a dry work are must be maintained
to prevent direct contact between curing concrete and stream water. Uncured concrete affects
water quality and is highly toxic to fish and other aquatic organisms.
w) 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.
x) This project has been coordinated with the North Carolina State Historic Preservation Office
(SHPO), the Eastern Band of the Cherokee Indians (EBCI) and the Tennessee Valley Authority
(TVA). It has been determined that the project has the potential to adversely effects six
archaeological sites that have been determined to be eligible for listing in the National Register
of Historic Places. A Memorandum of Agreement (MOA) that will mitigate for any adverse
affect has been agreed upon by these parties, the permittee, and the U.S. Army Corps of
Engineers and is attached as part of this permit. Your work is authorized by this permit provided
it is accomplished in strict accordance with the conditions listed in the attached MOA.
y) If the permittee discovers any previously unknown historic or archeological remains while
accomplishing the authorized work, he will immediately notify the Wilmington District Engineer
who will initiate the required State/Federal coordination.
z) This Department of the Army permit does not obviate the need to obtain other Federal, State,
or local authorizations required by law.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF: April 27, 2010
Regulatory Division
CEC Project # 1l 416
AID: 2007-3367
Date Recieved 5 '7 — 2 010
Mr. Keith Vinson
39 Pleasant Grove Church Road
Hendersonville, North Carolina 28739
Mr. Keith Vinson
Mountain Development Company, LLC
130 South Main Street
Hendersonville, North Carolina 28792
Mr. Keith Vinson
32 Orange Street
Asheville, North Carolina 28801
Dear Mr. Vinson:
Please reference the Department of the Army (DA) verification dated August 8, 2008 for the
discharge of fill material into 6,990 linear feet of stream channel, 1.48 acres of wetlands, and
0.57 acre of open water to construct the residential and golf development known as Seven Falls,
near Etowah, Henderson County, North Carolina. Also, please reference our letter dated
November 19, 2008 in which your permit authorization was suspended and our subsequent letter
dated January 15, 2009 which summarized actions that you were required to complete in order
for your permit to be re -instated or modified.' To date, none of the requested information has
been submitted or required actions completed. Also, there continues to be on-going sediment
and erosion control violations resulting in excessive sediment deposition in stream channels on
the site as documented by the North Carolina Division of Water Quality and Henderson County
Sediment and Erosion Control.
After careful consideration of your on-going noncompliance with the terms and conditions
of the subject DA authorization, which remains a violation of Section 404 of the Clean Water
Act (33 USC 1344), and the public interest, the Corps has decided to immediately revoke your
DA authorization, per 33 CFR Section 325.7(d). All fill material that has been placed into
waters of the U.S. should be removed and the area restored to pre -construction conditions. To
date, over 2,500 linear feet of stream channels have been filled in order to construct road
crossings to access residential lots in addition to an undetermined length of stream channel that
has been impacted by sediment deposition due to failed sediment and erosion control devices.
All fill material discharged into waters of the U.S. as previously authorized should be removed
within 60 days from the date of this letter. If you fail to remove this fill material, we will

-2 -
immediately refer this case to the U.S. Attorney which could result in fines of at least $25,000
per day from the date that permit non-compliance began.
If you have any questions, you may contact Ms. Amanda Jones at [phone]
extension 231 or Mr. Justin McCorcle, Wilmington District Office of Counsel at [phone].
Sincerely,
J erson M. age
olonel, U: S. Army
District Commander
Copies Furnished:
Mr. Clement Riddle
C1earWater Environmental Consultants, Inc.
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
Mr. William Lapsley
William G. Lapsley & Associates, P.A.
Two Town Square Blvd.
Suite 320 Biltmore Park
Asheville, North Carolina 28704
Mr. Roger Edwards
North Carolina Division of Water Quality
Surface Water Protection Section
2090 U.S. Hwy 70
Swannanoa, North Carolina 28778
Mr. Tim Fox
Henderson County
Engineering Department/Erosion Control Division
100 N. King Street
Hendersonville, North Carolina 28792
Ms. Renee Gledhill -Early
N.C. Department of Cultural Resources
State Historic Preservation Office
4617 Mail Service Center
Raleigh, North Carolina 27699-4617

-3 -
Mr. Mark T. Calloway
United States Attorney
Western District of North Carolina
Suite 1700, Carillon Building
227 West Trade Street
Charlotte, North Carolina 28202
Ms. Jennifer Derby
Wetlands & Marine Regulatory Section
U.S. Environmental Protection Agency Region 4
Atlanta Federal Center
61 Forsyth Street
Atlanta, Georgia 30303-8960

O'
: `-1
�. �
Mr. Keith Vinson
Mountain Development Company, LLC
130 South Main Street
Hendersonville, NC 28792
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 25, 2008
Coleen H. Sullins, Director
Division of Water Quality
JA N 2 8 2008
Re: Seven Falls Golf and River Club, Henderson County
French broad River [040302, 6{47.5), WSIV, B]
Willow Creek [040302, 6-46, C, TR]
Folly Creek [040302, 645-2, C)
DWQ #20071505, Vet. 2; USACE Action ID. No.•2007-3367
APPROVAL of 401 Water Quality Certification with Additional Conditions - REVISED
Dear Mr. Vinson:
Attached hereto is a copy of Certification No. 3724 issued to Mr. Keith Vinson and Mountain
Development Company, LLC, dated January 25, 2008. This Certification replaces the Certification
issued to you on January 24, 2007. In addition, you should get arty other federal, state or local permits
before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion
Control, Stormwater, Dam Safety, Non -discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate
CHS/cbk/fjm
Attachments: Certificate of Completion
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
cc Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Asheville Regulatory Field Office, Wilmington District, USACOE
Kevin Barnett, DWQ, Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Clement Riddle, CEC, 718 Oakland Street, Hendersonville, NC 28792
Filename: 071505Ver2SevenFallsGo)fAndRi'verClub(Iienderson)401_IC_Revised
1`lO� Carolina
401 Oversight/Express Review Permitting Unit Aerially
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquaJity.org
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Mountain Development Company, LLC
Page 2 of 4
January 25, 2008
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Keith Vinson and Mountain Development Company,
LLC to fill or otherwise impact 2.07 acres of 404/wetland, 7,623 linear feet of perennial stream (7,473
linear feet permanent impact, and 150 linear feet temporary impact), 0.57 acres of open waters in the
French Broad River Basin, and conduct bank stabilization on 8,700 linear feet of Little Willow Creek,
associated with the construction of the Seven Falls Golf and River Club, located adjacent on Pleasant
Grove Road, south of the Town of Etowah, in Henderson County, North Carolina, pursuant to an
application dated the 7`s day of August of 2007, and received by the DWQ on October 8, 2007, by Public
Notice by the U.S. Army Corps of Engineers issued on the 15s' day of November of 2007 (received by
DWQ on November 19, 2007), with additional information received from you on January 24, 2008.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification'be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact
Ainount Approved nits
Plan Location or Reference
404/Non-Riparian Wetlands
2.09 (acres)
Application, Public Notice and correspondence
received 1/24/08
Stream (perennial)
7,623 [oinear'feet) 7,473 linear
Application, Public Notice and correspondence
feet permanent impact, and 150
received 1/24/08
linear feet temporary impact]
Open Waters
[6,17 (acres)
Application, Public Notice and correspondence
received 1/24/08
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:

Mountain Development Company, LLC
Page 3 of 4
January 25, 2008
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of. the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Inning Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/401Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control ineasures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
Continuing Compliance:
5. Mr. Keith Vinson and Mountain Development Company, LLC, shall conduct construction
activities in a manner consistent with State water quality standards (ineluding any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State Iaw and federal law. 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 to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 21L0507(d).
Before modifying the Certification, the Division shall notify Mr. Keith Vinson and Mountain
Development Company and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Keith Vinson
and Mountain Development Company in writing, shall be provided to the United States 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;
Mitigation:
6. Compensatory Mitigation Using Offsite Restoration, Enhancement, and the Ecosystem
Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. You have
proposed 2.09 acres of 404/wetland impacts and 7,473 linear feet of perennial stream impacts.
We understand that you have will be creating 0.50 acres of onsite wetlands, restoring 2,350 linear

Mountain Development Company, LLC
Page 4 of 4
January 25, 2008
feet of offsite stream's, enhancing 2,358 linear feet of offsite streams, purchasing 1.59 acres of
404/wetland credits and 2,693 linear feet of stream mitigation credits from the Wetlands
Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this
mitigation requirement. This has been determined by the DWQ_to be a suitable method to meet
the mitigation requirement and additional mitigation commitment. Until the EEP receives and
clears your check (made payable to: DENR — Ecosystem Enhancement Program Office), no
impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at
[phone] if you have any questions concerning payment into a restoration fund. You have
60 days from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet
the following compensatory mitigation requirement-
Type
equirement:
T e of Wetland I Compensatory Mitigation Required River and Sub -basin Number
404/Wetland 2.09 acres French Broad/06010105
Stream(perennial) 7,473 linear feet French Broad/06010105
7. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
Certificate of Completion to the 40J/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, 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 Permit.
If this Certification is unacceptable to you, you have the'right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 25a day of January
DIVISION OF A IT
•
'Coleen H. Sullins
3724
CHS/cbk/ijm

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Coleen H. Sullins, Director
Division of Water Quality
In accordance with 15A NCAC 2H.0500, Mr. Keith Vinson and Mountain Development Company, LLC, have
permission as outlined below to fill or otherwise impact 2.07 acres of 404/wetland, 7,623 linear feet of perennial
stream (7,473 linear feet permanent impact, and 150 linear feet temporary impact), 0.57 acres of open waters in the
French Broad River Basin, and conduct bank stabilization on 8,700 linear feet of Little Willow Creek, as described in
your application dated the 7's day of August of 2007, and received by the DWQ on October 8, 2007, by Public Notice
by the U.S. Army Corps of Engineers issued on the 15'1" day of November of 2007 (received by DWQ on November
19, 2007), with additional information received from you on January 24, 2008, to construct the proposed Seven Falls
Golf and River Club, located adjacent on Pleasant Grove Road, south of the Town of Etowah, in Henderson County,
North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed
in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHNIENTS.
C011/1PENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20071505, Ver. 2
LOCATION: Etowah
COUNTY Henderson
BASIN/ SUB BASIN French Broad/06010105
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for•
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Ln acts b iti ation
1.59 Acres Non -Riparian 404/Wetlands 1.59 Acres Non -Riparian 404/Wetlands
2,693 Linear Feet of Perennial Stream 2,693 Linear Feet of Perennial Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
it fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 071505Vcr2SevenFallsGoIWdRiverClub(Henderson)i01_lC_EEP Revised
,oN,�thCarolina
401 Oversight/Express Review Permitting Unit ,NIJ�llCQ�ilf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: httpJ/www.ncwaterquality.org

DWQ Project No.:
Applicant:
Proj ect Name:
Certification of Completion
County:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subse4uent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Vater Quality, 1650 Mail Service Center, Maleigh, NC, 27699-1650.. This form may be
returned to IDWQ by the applicant, the applicant's authorized agent, or the project engineer.. It is not•necessary to send
certificates from all of these.
Applicant's Gertz; fication
hereby state that, to the best of my abilities, due care and diligence was
used is the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rnles, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
Date:
I •, hereby state that, to the best of my abilities, due care and diligence was
used in the* observation of the construction such that the construction was observed to be built within .substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
acid other supporting materials.
Signature:
Date:
If this project was designed by a i`ertifzed Professional •
L , as a duly registered Professional (i.e., Engineer,
Landscape A phitect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee Hereby state that, to the.best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be buili. within
substantial compliance and intent of.the 401 Water Quality Certification and Buffer. Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date

Attachment B
Notice of Violation Dated May 14, 2007
Representative Site Photographs
Dated March 1 & March 3, 2017

NC ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 23, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7007 1490 0004 0798 7698
Keith Vinson
Seven Falls Golf & River Club
39 Pleasant Grove Church Rd
Hendersonville, North Carolina 28739
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Seven Falls Golf & River Club Village Area -Phase I
Project # 07-1505 Version 2
.DWQ Tracking Number: NCROO1043
NOV-2009-PC-0130
Construction Stormwater Permit—NCGO10000
Stream Standard Violation - Other Waste (In -stream sediment)
401 Water Quality Certification (WQC) Conditions
Removal of Best Usage
Henderson County
Response deadline: March 10, 2009 or 15 days from receipt
Dear Mr. Vinson:
Dee Freeman
Secretary
On January 14, 2009, Chuck Cranford from the Asheville Regional Office of the Division of
Water Quality (DWQ) conducted a site inspection at the Seven Falls Golf & River Club on
Pleasant Grove Road in Henderson County. Ms. Amanda Jones (US Army Corps of Engineers),
Bryan Tompkins (US Fish and Wildlife Service) and Tim Fox (Henderson County Erosion
Control) were present.
Violations of 401 WQC conditions, Construction Stormwater Permit conditions and Stream
Standards were noted during the inspection and file review.* The discharge of sediment and fill
materials to Folly and Little Willow Creeks and certain tributaries thereof classified as C
waters—were documented. Due to the extensive nature of the impacts, a thorough quantification
of impacts will be required.
VIOLATIONS
I. Construction Stormwater Permit NCGO10000 -This permit applies to projects that
receive a Division of Land Resources (DLR) or local delegated program disturbance of 1
Location: 2090 U.S. Highway 70, Swannanoa: North Carolina 28778
Phone [phone] FAX: [phone] Customer Service: 1-877-623-6748 011e
NOrI:hCc`lI'011llc`1'
Internet. www.ncwalerquality.arg
Nirturalltl

Keith Vinson
February 23, 2009
Page 2 of 5
acre or greater. Specifically, the NCG010000 Permit authorizes discharge of stoimwater
under the National Pollutant Discharge Elimination System (NPDES) in accordance with
Title 15 A North Carolina Administrative Code 211.0100.
a. Schedule of Compliance (Part I. Section C. No. 2) Failure to operate and maintain
stormwater controls to optimum efficiency, as cited in Henderson County Erosion
Control Division Notices of Violation dated January 7, 2009, represents a violation
of NCGO 10000 Permit.
b. Final Limitations and Controls for Stormwater Discharges (Part I. Section A.
No. 2) Failure to follow the approved Erosion Control Plan, as cited. in Henderson
County Erosion Control Division Notices of Violation dated January 7, 2009,
represents a violation of NCGO10000 Permit.
c. Twenty -Four Hour Reporting (Part II. Section E. No. 3) The lack of notification
to DWQ regarding sediment loss represents violations of NCGO10000 Permit.
II. - Stream Standard Violation - Other Waste (In -stream sediment) 15A NCAC 0211.0211
(3)f - Greater than 500 feet of Folly Creek and certain tributaries thereof was impacted by
' sediment deposition of varying depth within numerous stream reaches, representing Water
Quality Stream Standard violation of 15A NCAC 02B .0211 (3) (f).
III. 401 Water Quality. Certification Conditions Violations - DWQ issued an approval letter
for project impacts on September 24, 2008, for Project 07-1505 Version 2. The approval
letter specifies that the activities must follow. the conditions listed in the WQC.
The site was found to be non-compliant with the following certification conditions:
a. Condition 1 – Impacts Approved
■ Impacts outside of the approved amount have occurred
b. Condition 2 – Sediment and Erosion Control
■ Sediment and erosion control practices have been found to be non-
compliant
c. Condition 3 – No waste or fill impacts beyond those in the certification
■ Waste and fill has impacted surface waters beyond those depicted in the
approved certification
d. Condition 3 No violations of State water quality standards
■ Violations of State water quality standards have occurred
e. Condition 4 – Sediment and Erosion Control Measures shall not be placed in waters
■ Sediment and erosion control measures have been constructed in waters
f. Condition 6 – Mitigation
■ Agreed upon mitigation requirements have not been met
IV. Removal of Best Usage –15A NCAC 02B.0211 (2) – Greater than 500 feet of Folly Creek
2 and tributaries—classified as C waters—was impacted by grading in the stream channel

i ebruary 23, 2009
Page 3 of 5
and fill, representing Water Quality Stream Standard violation of 15A NCAC 02B .0211
(2)•
REQUIRED RESPONSE
This office requests that you respond in writing by the deadline in the subject line of this notice.
Your response should be sent to the attention of Mr. Chuck Cranford, Division of Water Quality,
2090 US HWY 70, Swannanoa, NC 28778 and Mr. John Hennessy at the Wetlands and
Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,
Raleigh, NC 27699-1617. Your response should address the following items:
I. Construction Stormwater Permit NCG010000
a. Please detail the events that resulted in non-compliance with the above-mentioned
NCGO10000 permit conditions.
b. Please explain when you anticipate being in full compliance with the NCGO10000
Permit and your Erosion and Sediment Control Plan.
e. Include in your response an explanation of how you propose to prevent the
problems listed above from reoccurring on this project and on future
projects.
d. Minimum Monitoring and Record Keeping 7 Please provide copies of all
monitoring and record keeping from October, November and December
2008, Please refer to the attached Stormwater Inspection For General
Permit NCG010000 form. This form is to be filled out for every week and ,
after each '/2 inch rain event. The following bulleted list provides guidance
on how to conduct monitoring and record keeping activities in such a way as
to be compliant with the NCGO10000 Permit.
Rainfall is to be monitored and recorded daily as noted in the RAINFALL
Section of the form. Rainfall data should not be reported based on a weekly
accrual read of the date of the inspection.
Erosion and Sedimentation Control Facilities are to be inspected every week
and after each ''/Z inch rain event. It is required to individually list each of
the BMPs (e.g. basins, silt fences, etc.) to be inspected, the date and time c
inspected, the initials of the inspector, whether the device is operating t 41L4,
properly, and any corrective actions taken as noted in the EROSION AND
SEDIMENTATION CONTROL FACILITES INSPECTED Section of the
form.
Stormwater Discharge Outfalls are to be inspected every week and after
each 1/2 inch rain event. It is required to individually list each of the outfalls
to be inspected, the date and time inspected, the initials of the inspector,
clarity, floating and suspended solids, oil sheen, other pollution indicators,
visible sediment, and any preventative or corrective actions taken as noted in

noun v msun
February 23, 2009
Page 4 of 5
the OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE
OUTFALLS Section of the form.
e. The Permittee (Financially Responsible Party as indicated on Erosion and
Sedimentation Control Plan application) is required to sign the inspection form each
week, certifying that the report is accurate and complete. The Permittee may
authorize a representative to sign these documents (please see Part II Section B (10
b) of the NCGO10000 Permit for proper procedure).
II. Stream Standard - Other Waste (In -Stream Sediment) and 401 WQ Certification
�,.cti a. Provide a map that exactly details the jurisdictional waters on the tract; including,.
$ LAS all impacts, both intentional and unintentional. Impacts must be clearly quantified
and mapped.
b. Submit a Sediment Removal Plan to this office for review and approval. The plan
Dov ` must address removal of accumulated sediment from all surface waters on the tract
and be submitted to the Division of Water Quality for review and approval prior. to
implementation. The Restoration Plan should include the following:
• A narrative explaining how sediment will be removed and how impacted
jurisdictional waters will be restored.
• A diagram of the stream channels,' referenced with photo documentation of
sediment impacts prior to removal and following removal activities.
• A narrative explaining how sediment will be retained on the site and kept out of
waterways, and how restoration activities will be conducted such that turbidity
standards are not exceeded.
c. Submit a plan to remove any in -stream erosion and sedimentation control measures
and restore the stream channels (i.e., pattern, dimension and profile). The plan must
be submitted to the Division of Water Quality for review and approval prior to
implementation.
d. Submit a plan to provide the required mitigation for impacts to waters as clearly
defined in the 401 WQC document.
e. A proposed timeline for all restoration activities must be provided.
L The use of an environmental consultant experienced in stream restoration to assist
with development of the required planning, design and authorization necessary to
achieve compliance is highly encouraged. Chuck Cranford of the Asheville
Regional Office should be consulted for additional guidance.
g. Once the restoration efforts have been completed, a final report documenting the
results should be submitted to Chuck Cranford.

February 23, 2009
Page 5 of 5
III. Removal of Best Usage —15A NCAC 02B.0211 (2)
a. Please explain why these impacts occurred without prior authorization.
b. Comply with II. a, above.
C. Please submit the following documents for review and approval:
Stream Restoration Plan (stream channel grading and fill impacts) — Please
explain how you plan to restore the pattern, profile and dimension of the .
impacted stream channels. The streambeds must be restored to the original
profile, the stream banks must be stabilized, and any fill material must be
removed from the riparian zone. Replanting of the riparian zone will be
required.
6 A proposed timeline for all restoration activities must be provided.
The DWQ understands the United States Army Corps of Engineers (COE) has suspended the 404
permit associated with this project pending full compensation for existing impacts.
The DWQ will be working in concert with the COE to meet the needs of both agencies.
Thank you for your attention to this matter. This office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Chuck Cranford at [phone].
Sincerely,
Roger C. Edwards
Regional Supervisor
Surface Water Protection Section
Enc: Stormwater Inspection form
cc: John Hennessy — NPS Assistance and Compliance Oversight Unit
Amanda Jones — USACE
C1earWater Environmental Consultants . DWQ Central Files
Tim Fox — Henderson County Erosion Control ARO File Copy
Henderson County Planning
(No enclosures for cc recipients)
G:\WPDA"rA\DF.MWQ\Henderson\Stormwater Construction NCG01\SevenFalls-NCR001043\NOV-2009-PC-0130_2-17-09.doc

Photo 1. Dam failure (red arrow). Approximately 12-24 inches of accumulated sediment. View upstream.
Photo 2. Former stream channel impacted by sediment. Stabilized wetland. View southeast/upstream.

Photo 3. Culvert failure. Approximately 6 inches of accumulated sediment. View upstream.
Photo 4. Former stream channel impacted by sediment. Stabilized linear wetland. View
northeast/upstream.

Photo 5. Former stream channel impacted by sediment. Stabilized wetland. View southwest/downstream.