Seven Falls

In 2007, Henderson County received an application on behalf of Mountain Development Company, LLC, developer, (later renamed Seven Falls, LLC) for the Seven Falls Golf and River Club. The Seven Falls development is located at Pleasant Grove Road and Pleasant Grove Church Road and included 40 different parcels of land totaling 1,398 acres. The applicant originally proposed a total of 900 residential units which included 700 single-family lots, 164 town homes and 36 condominiums, including a golf course, recreational uses, club service uses and community service uses. The developer entered into a development agreement with the County to allow the developer to proceed with the Seven Falls development for a certain period of time under specific terms and conditions regardless of whether there is a change in land use regulations. The developer requested to be vested for a period of five years. In exchange for that vested right, the developer agreed to build and donate a new fire station and construct several miles of trails.

On July 2, 2007, Henderson County and the developer entered into a performance guarantee agreement which provides financial security to complete proposed infrastructure improvements and allow the developer to record and sell lots before all the required infrastructure is complete. The improvement guarantee includes roads, water and sewer infrastructure, but does not include the golf course, club house and other amenities. The purpose of an improvement guarantee is to ensure that the bonded infrastructure is completed in case of default by the developer.

In June of 2010, Henderson County declared that the Seven Falls development was in default of the performance guarantee and the developer failed to complete the required infrastructure improvements. Since June of 2010, the County is actively pursued all legal avenues available in order to obtain the bond money designated to complete the infrastructure improvements within the Seven Falls development.

In October of 2012, Henderson County reached a settlement with Lexon Insurance Company regarding the bond provided by Lexon for development work on the Seven Falls Golf and River Club subdivision. The County has received the $6 million bond funds. The Board of Commissioners discussed the Seven Falls Subdivision at its meeting on October 17, 2012. The Board reviewed an action plan for the project and took action on several items. The Board:

• Selected William G. Lapsley & Associates (WGLA) to provide engineering and construction management services. WGLA served as the project engineering firm since the initiation of the project. WGLA will complete the designs for the infrastructure, obtain necessary permits, and oversee the work of contractors.
• Authorized Planning Staff and WGLA to immediately bid out work to restore the soil erosion measures and rough grading for the bonded improvements. This will prevent further erosion while the remaining work is bid out and corresponding permits are approved. The bonded work does not include construction of the golf course. It is anticipated to bid this work out sometime in November or December 2012.
• Directed Planning Staff and WGLA to study the options for treating the wastewater (sewer) associated with the boned infrastructure. Those options include building an on-site wastewater treatment facility or connecting to other treatment facilities in the general area of Seven Falls. There are 4-5 wastewater treatment facilities in the area and downstream of Seven Falls. Staff and WGLA will report back to the Board in about 60 days.
• Approved the budget amendment to the County FY12 Budget to incorporate the revenues and expenditures associated with receiving the $6 million bond.

See below to view the presentation given to the Planning Board on October 18, 2012 that provides a status report. This webpage was updated on October 29, 2012.

Pre-2011 Timeline