20131200 Ver 3_401 Application_20150615

CL �rWater
C1earWater Environmental Consultants, Inc.
June 24, 2015 www.cwenv.com
Mr. Steve Kichefski
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -2638
Ms. Karen Higgins
NC DWR, 401 & Buffer Permitting Unit
512 N. Salisbury Street, 9`h Floor
Raleigh, North Carolina 27604
RE: Tryon Equestrian Partners, LLC
Tryon International Equestrian Center ( +/- 1,276 AC)
Polk County, North Carolina
Mr. Kichefski and Ms. Higgins,
a EG�1q- 0W[2
I d
f' JUN 2 6 2015
DENR - WATER RESOURCES
401 & BUFFER PERMITTING
The attached Individual Permit application is being submitted on behalf of Tryon
Equestrian Partners, LLC represented by Mr. Jeff Brown. The applicant is seeking
permit authorization for impacts associated with development of the Tryon International
Equestrian Center located northeast of Tryon in Polk County, North Carolina.
Should you have any questions regarding the attached permit application and
supplemental information please do not hesitate to contact me at 828 - 698 -9800. A copy
of this package has been sent to Mr. Bryan Tompkins of the US Fish and Wildlife Service
and Ms. Andrea Leslie of the NC Wildlife Resources Commission for review. A copy of
this application has also been submitted to the NC Division of Water Resources,
Asheville Regional Office.
Respectfully,
Rebekah L. Newton R. Cement Rid4PS ,
Project Biologist Principal
Copy Furnished:
NC Division of Water Resources; Asheville Regional Office — Andrew Moore
US Fish and Wildlife Service — Bryan Tompkins
NC Wildlife Resources Commission — Andrea Leslie
224 South Grove Street, Suite F
Hendersonville, NC 28792
828 - 698 -9800 Tel
828 - 698 -9003 Fax

o 0 / 3167Y)6 V-3
Individual Permit Application for U.S. Army Corps of
Engineers Section 404 Permit
and
North Carolina 401 Water Quality Certification
June 2015
Applicant:
I I RY(4-N.AA16-
INTERNATIONAL EQUESTRIAN CENTER
Tryon Equestrian Partners, LLC
Attn: Mr. Jeff Brown
2659 Sandy Plains Road
Tryon, NC 28782
Prepared by:
C1earWater Environmental Consultants, Inc.
32 Clayton Street
Asheville, North Carolina 28801
828 - 698 -9800
J JUN 6 2015
DENn
CES
401 & BU FER PERMTT NG

Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name: Tryon International Equestrian Center
2. Name of Property Owner /Applicant: Tryon Equestrian Partners, LLC; Mr. Jeff
Brown
3. Name of Consultant/Agent: Clearwater Environmental Consultants, Inc.
*Agent authorization needs to be attached.
4. Related/previous Action ID numbers(s): 2004 - 30849, 2006 - 30110, 2006 - 30195,
2006 - 32154, and 2013 -02262
5. Site Address: Pea Ridge Road
6. Subdivision Name: Tryon International Equestrian Center
7. City: Tryon
8. County: Polk
9. Lat: 35.274474N Long: -82.055471W (Decimal Degrees Please)
10. Quadrangle Name: Pea Ridge
11. Waterway: White Oak Creek and UTs
12. Watershed: Broad 03050105
13. Requested Action:
_x—Individual Permit
General Permit #
Jurisdictional Determination Request
Pre - Application Request
The following information will be completed by the Corps office:
AID:
Prepare File Folder Assign number in ORM Begin Date
Authorization: Section 10 Section 404
Project Description/Nature of Activity/Project Purpose:
Site/Waters Name:
Keywords:

e�
is.
i,
U.S. ARMY CORPS OF ENGINEERS I OMB APPROVAL NO. 0710-0003
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT EXPIRES. 28 FEBRUARY 2013
33 CFR 325. The proponent agency Is CECW -CO-R.
Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding
this burden estimate or any other aspect of the collection of Information, Including suggestions for reducing this burden, to Department of Defense,
Washington Headquarters, Executive Services and Communications Directorate. Information Management Division and to the Office of Management and
Budget, Paperwork Reduction Project (0710. 0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be
subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT
RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of
the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries
Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers, Final Rule 33 CFR 320.332. Principal Purpose: Information provided on
this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other
federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission
of requested information is voluntary, however, it information is not provided the permit application cannot be evaluated nor can a permit be issued. One set
of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see
sample drawings and/or Instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application
that is not completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE'
(ITEMS BELOW TO BE FILLED BYAPPUCA"
5, APPLICANTS NAME 8. AUTHORIZED AGENTS NAME AND TITLE (agent is not required)
First - Jeff Middle - Last - Brown First - R Middle - Clement Last - Riddle
Company - Tryon Equestrian Partners, I.LC Company - ClearWater Environmental Consultants, Inc
E-mail Address - E-mail Address - [e-mail]
6. APPLICANTS ADDRESS: 9. AGENTS ADDRESS:
Address- 2659 Sandy Plains Road Address- 32 Clayton Road
City - Tryon State - NC Zip - 28782 Country - USA City- Asheville State - NC Zip - 28801 Country - USA
7. APPLICANTS PHONE NOs. WAREA. CODE 10. AGENTS PHONE NOs. w /AREA CODE
a. Residence b. Business c. Fax a. Residence b. Business c. Fax
828 -863 -2748 828- 698 -9800
STATEMENT OF AUTHORIZATION
11. 1 hereby authorize, R. Clement Riddle to act in my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this 7p7,dlap/�i b �TURE OF APPLICANT DATE
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTt1ATY
12. PROJECT NAME OR TITLE (see instructions)
Tryon International Equestrian Center
13. NAME OF WATERBODY, IF KNOWN (if applicable)
White Oak Creek and UTs
14. PROJECT STREET ADDRESS (if applicable)
Address Pea Ridge Road
15. LOCATION OF PROJECT
Latitude: •N 35 274474 Longitude: •W -82 05547 Cif' " Tryon
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
State Tax Parcel ID P115-1 Municipality
Section - Township - Range -
ENG FORM 4345, OCT 2012
PREVIOUS EDITIONS ARE OBSOLETE.
State- NC Zip-
Page 1 of 3

I
Pi
17. DIRECTIONS TO THE SITE
See permit application (Section 1.0)
18. Nature of Activity (Description of project, include all features)
See permit application (Section 5.0)
19. Project Purpose (Describe the reason or purpose of the project, see instruxions)
See permit application (Section 4.0)
USE BLOCKS 20-23 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
See permit application (Section 5 0)
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards:
Type Type Type
Amount in Cubic Yards Amount in Cubic Yards Amount In Cubic Yards
22. Surface Area in Aries of Wetlands or Other Waters Filled (see instructions)
Acres 0.02 acres
or
Linear Feet 1,058 linear feet (cumulative total 1,463 linear feet)
23. Description of Avoidance, Minimization, and Compensation (see instructions)
See permit application (Section 6.0 and 7 0).
ENG FORM 4345, OCT 2012 Page 2 of 3

24. Is Any Portion of the Work Already Completes X❑Yes []Jo IF YES, DESCRIBE THE COMPLETED WORK
Sec permit application (Section 2 0),
25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (d more than can be entered here, pease attach a wppememal ast).
a. Address- See attached list.
City - State - Zip -
b. Address-
City - State - Zip -
c, Address-
City - State - Zip -
d. Address-
City - State - Zip -
e. Address-
City - State - Zip -
26. List of Other Certificates or Approvals(Denials received from other Federal. State, or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED
NUMBER
DWR SW Management April 2015
Would Include but is not restricted to zoning, building, and flood plain permits
27. Application is hereby made for permit or permits to authorize the work described in this application. 1 certify that this Information in this application is
complete a ccurate. I furth rtify that I possess the authority to undertake the work described herein or am acting as the duly autfwrized agent of the
applicam �i
r9f'TATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
f��plication must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duty
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
ENG FORM 4345, OCT 2012 Page 3 of 3

C_ �L ear 111./ at r
.
Department of the Army NCDENR
Wilmington District, Corps of Engineers NC DWR, Webscape Unit
Attn: Scott McLendon, Chief Regulatory Division Attn: Karen Higgins
PO Box 1890 512 North Salisbury Street
Wilmington, NC 28402 -1890 Raleigh, North Carolina 27604
I, the current landowner /managing partner of the property identified below, hereby
authorize C1earWater Environmental Consultants, Inc. (CEC) to act on my behalf as my
agent during the processing of jurisdictional determination requests and permits to impact
Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the
Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. CEC is
authorized to provide supplemental information as needed at the request of the USAGE
or DWR.
Additionally, I authorize representatives of the Wilmington District, US Army Corps of
Engineers to enter upon the property herein described for the purposes of conducting on-
site investigations and issuing a determination associated with Wetlands and Waters of
the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act of 1899.
Property Owner of Record :4�y
Property Owner of Address: Tj9,✓Dh
Phone Number: 2,,2 9" ° X63
Property Location:
1q A 146AIZSa AYMr
Printed Name: Gr✓,< -' /J �d k3ki
9""t3erfA4ana Partner Signature: ,
At�.tFJo,c�z � �eg�N-r
Date:
224 South Grove Street, Suite F
Hendersonville, NC 28792
Phone: 828 - 698 -9800
www.cwenv.com

Adjoining Property Owners
Rena G. Rice Barbara H. Kincaid
545 Fawn Branch Trail 173 Dale Hurst Drive
Boiling Spring, SC 29316 Forest City, NC 28043
Leroy Staley Mary H. Gist
4301 Pea Ridge Road 187 Kentucky Street
Rutherfordton, NC 28139 Spindale, NC 28610
William Eric Staley Catherine M. Gethers
4339 Pea Ridge Road 5729 Pea Ridge Road
Rutherfordton, NC 28139 Rutherfordton, NC 28139
Robert R. Brian Gladys J. Garris
1019 Abrams and Moore Road. 120 Savannah Street
Rutherfordton, NC 28139 Spindale, NC 28160
George Miller Jr. Reginald Ray Logan
5375 Pea Ridge Road 105 Pershing St.
Rutherfordton, NC 28139 Spartanburg, SC 29302
Roy Theron Twitty Bertie M. Lowrance
5277 Pea Ridge Road 1701 Kingston Road
Rutherfordton, NC 28139 Shelby, NC 28150
Quintin Jackson Carol H. Dills
237 Spencer Street 4006 Sandy Plains Road
High Point, NC 27265 Tryon, NC 28782
Arnie L Twitty Cynthia Shehan
5784 Pea Ridge Road 3850 Sandy Plains Road
Rutherfordton, NC 28139 Tryon, NC 28782
Ulysses David Miller
Birch Tree Development, LLC
1014 Marquerite Dr.
2730 SW 3rd Avenue
Lowell, NC 28098
Miami, FL 33129
Juanita T. Staley
Timothy Freeman Vickery
5839 Pea Ridge Road
646 AR Thompson Road
Rutherfordton, NC
Mill Spring, NC 28756
Alice Faye Jones Truett Roy Blythe
215 Ridgeland Drive 8 Teaneck Circle
Rutherfordton, NC 28139 Hendersonville, NC 28791

James Steinhoff
Randy Hudson
6719 Driftwood Drive
611 White Oak Farm Drive
Hudson, FL 34667
Tryon, NC 28782
Richard M. Prince Edward L. Harrelson
29 Meadow Crest Road PO Box 665
Tryon, NC 28782 Hendersonville, NC 28793
Sandy Plains, LLC Arthur Bourbeau
2659 Sandy Plains Road 661 White Oak Farm Drive
Tryon, NC 28782 Tryon, NC 28782
Stanley G. Huntley Wind River Consulting, LLC
575 Meadowcrest Road 430 Larsen Lane
Tryon, NC 28782 Tryon, NC 28782
Edith M. Castello Robert A. Larsen
711 Meadowcrest Road 240 Larsen Drive
Tryon, NC 28782 Tryon, NC 28782
Louis A. Nagro Majal L. Wiener
11 Knob Hill Road 1616 Marriman Avenue
Taylorsville, NC 28681 Charlotte, NC 28203
Dale R. Rucker Stanley G. Pittman
891 Meadowcrest Road 1010 North Wayne Street
Tryon, NC 28782 North Manchester, IN 46962
Corley Shane Jackson Linda A. Tucker
27 Troy Lane 1572 Moore Road
Tryon, NC 28782 Tryon, NC 28782
Thomas Douglass Stroud Terry C Russel
PO Box 735 169 Fairwinds Drive
Rutherfordton, NC 28139 Tryon, NC 28782
Herbert D. Stroud Mary B. Hay
122 Muscadine Ridge 239 Larsen Lane
Rutherfordton, NC 28139 Tryon, NC 28782
Carl W. Blackwood Calvin Craig Carrol
PO Box 361 PO Box 172
Farmville, NC 27828 Mill Spring, NC 28756

Scott Michael Junge
111 Windy Hill Lane
Tryon, NC 28782
Mary Carol Robinson
2006 Moore Road
Tryon, NC 28782
Donald C. Edwards
2355 Moore Road
Mill Spring, NC 28756
Charles R. Moore
2510 Moore Road
Mill Spring, NC 28756
Aaron G. Russel
2481 Moore Road
Mill Spring, NC 28756
Bobby P. Russel
2101 John Shehan Road
Mill Spring, NC 28756
Shelia Godlock
4220 Pea Ridge Road
Rutherfordton, NC 28139

TABLE OF CONTENTS
LIST OF FIGURES .................... "'
LISTOF APPENDICES ............................................................................................ ............................... iii
1.0 INTRODUCTION TO PROJECT ................................................................. ..............................1
1.1 Project Location ........................................................................................... ............................... 1
1.2 Jurisdictional Waters ................................................................................... ............................... 1
2.0 BACKGROUND AND PRIOR PROJECT HISTORY ............................... ............................... 3
3.0 EXISTING SITE CONDITIONS .................................................................. ............................... 5
3.1 Natural Communities ................................................................................. ............................... 5
3.2 Soils ............................................................................................................. ............................... 9
3.3 Fish and Wildlife Use of the Project Site .................................................... ............................... 9
3.4 Threatened and Endangered Species ........................................................... ............................... 9
3.5 Cultural Resources ..................................................................................... ............................... 10
4.0 PROJECT PURPOSE .................................................................................... .............................12
5.0 PROPOSED PROJECT DEVELOPMENT ................................................. .............................13
5.1 Roads ......................................................................................................... ............................... 13
5.2 Utilities ...................................................................................................... ............................... 14
5.3 Equestrian Facility Impacts ....................................................................... ............................... 14
5.4 Golf Course Impacts .................................................................................. ............................... 15
5.5 Total Impacts ............................................................................................. ............................... 15
6.0 DISCUSSION OF ALTERNATIVES ........................................................... .............................16
6.1 Alternatives - As- Proposed ....................................................................... ............................... 17
6.2 Alternatives - Off -Site Options ................................................................. ............................... 18
6.3 Alternatives - No Action ........................................................................... ............................... 18
6.4 Avoidance and Minimization .................................................................... ............................... 19
6.5 Alternatives Conclusion ............................................................................ ............................... 20
7.0 CONCEPTUAL MITIGATION PLAN ...................................................... ............................... 21
7.1 NC Division of Mitigation Services (DMS) .............................................. ............................... 22
7.2 Preservation ............................................................................................... ............................... 22
7.3 Summary ......................................................................:............................... .............................22
8.0 US ENVIRONMENTAL PROTECTION AGENCY 404(b)(1) GUIDELINES .................... 23
8.1 Factual Determination ............................................................................... ............................... 23
8.2 Potential Impacts on Physical and Chemical Characteristics of the Aquatic Ecosystem .............. 23
8.3 Potential Impacts to Biological Characteristics of the Ecosystem ............. ............................... 24
8.4 Potential Impacts on Special Aquatic Sites ............................................... ............................... 26
8.5 Potential Effects on Human Use Characteristics ....................................... ............................... 27
8.6 Summary ...................................................................................................... .............................28
9.0 PUBLIC INTEREST CONSIDERATIONS ............................................... ............................... 29
9.1 Conservation ................................................................................................ .............................29
9.2 Economics ................................................................................................. ............................... 30
9.3 Aesthetics ..................................................................................................... .............................30
9.4 General Environmental Concerns .............................................................. ............................... 30
9.5 Wetlands .................................................................................................... ............................... 30
9.6 Historic Properties ..................................................................................... ............................... 30
9.7 Fish and Wildlife Values ........................................................................... ............................... 31
9.8 Flood Hazards ............................................................................................ ............................... 31
9.9 Floodplain Values ...................................................................................... ............................... 32
9.10 Land Use .................................................................................................... ............................... 32
9.11 Navigation ................................................................................................. ............................... 32
9.12 Shore Erosion and Accretion ..................................................................... ............................... 32
9.13 Recreation .................................................................................................... .............................32
i
J

9.14 Water Supply and Conservation ................................................................ ............................... 32
9.15 Water Quality (Stormwater Management) ................................................ ............................... 33
9.16 Energy Needs ............................................................................................. ............................... 33
9.17 Safety ........................................................................................................... .............................33
9.18 Food and Fiber Production ........................................................................ ............................... 33
9.19 Mineral Needs ............................................................................................ ............................... 33
9.20 Considerations of Property Ownership ...................................................... ............................... 33
9.21 Needs and Welfare of the Public ............................................................... ............................... 33
10.0 SECONDARY AND CUMULATIVE EFFECTS ...................................... ............................... 34
11.0 SUMMARY ..................................................................................................... .............................35
91

LIST OF FIGURES
Figure 1
Vicinity Map
Figure 2
USGS Topographic Map
Figure 3
Soils Map
Figure 4
Impact Map and Details
Figure 5
Previous Equestrian Site Plan — June 2013
Figure 6
Previous Equestrian Site Plan — July 2013
Figure 7
FEMA Floodplain Map
LIST OF APPENDICES
Attachment A Jurisdictional Determination
Attachment B Previous Permits and Modifications
Attachment C DMS Acceptance Letter
ui

1.0 INTRODUCTION TO PROJECT
The applicant, Tryon Equestrian Partners, LLC, proposes to develop a resort, equestrian
center, and residential community known as the Tryon International Equestrian Center
(TIEC). The complex will be master planned on 1,276 acres northeast of Tryon in Polk
County, North Carolina. The complex will contain an equestrian facility, a spa and resort
hotel, horse farms, single - family home sites, an Arnold Palmer - designed golf course, and
associated infrastructure.
1.1 Proiect Location
The TIEC is located at the intersection of Pea Ridge Road and US Highway 74
northeast of Tryon in Polk County, North Carolina. To access the site from
Asheville, take I -26 East to Exit 67 (US Highway 74). Continue on US Highway
74 East and take the Pea Ridge Road Exit (Exit 170). Turn right on to Pea Ridge
Road and the site is immediately to the south. In general, the site is bordered to
the north by Pea Ridge Road and to the south and east by Sandy Plains Road.
White Oak Creek bisects the site generally east to west. A site vicinity map
(Figure 1) and USGS topographic map (Figure 2) are attached for review.
1.2 Jurisdictional Waters
Streams on site include White Oak Creek and unnamed tributaries. Streams
within the TIEC project boundary are tributaries to White Oak Creek. White Oak
Creek is a tributary to the Green River. The Green River is a tributary to the
Broad River, which is a navigable -in -fact water in South Carolina. Tributaries on
site, including White Oak Creek, are classified by the NC Division of Water
Resources (DWR) as class "C" waters.
There are wetlands located on site. The majority of wetlands are associated with
one large, contiguous forested wetland located within the floodplain of White Oak
Creek. Other wetlands identified on site are small and adjacent or abutting
associated stream channels.
The site also contains two open -water ponds. These off -line ponds were built by
previous owners approximately 7 years ago. The larger pond was constructed
with a synthetic liner and water levels are maintained with a ground water pump.
This pond is used for irrigation of the golf course and is not jurisdictional. The
smaller pond is considered jurisdictional.
A "Notification of Jurisdictional Determination" was issued on March 6, 2015
under Action ID SAW- 2013 -02262 (Attachment A).

The site contains the following amounts of jurisdictional waters on site:
An "Existing Site Conditions" section (Section 3.0) has been included in this
application for review and further describes the jurisdictional waters on site.
On -site Totals
Feature
Amount Unit
Stream
66,132 linear feet
Wetlands
21.40 acres
Open Water
4.04 acres
An "Existing Site Conditions" section (Section 3.0) has been included in this
application for review and further describes the jurisdictional waters on site.

2.0 BACKGROUND AND PRIOR PROJECT HISTORY
The TIEC includes approximately 935 acres of property previously known as White Oak
Plantation. White Oak Plantation was originally delineated in 2003 by C1earWater
Environmental Consultants, Inc. (CEC) and verified by the US Army Corps of Engineers
(Corps) in October of 2004 under Action ID 2004 - 30849. White Oak Plantation was
planned as an 18 -hole golf course community with equestrian oriented amenities. In
December of 2005, the Corps issued Nationwide Permits 12 and 13 for bank stabilization
and a water intake on White Oak Creek under Action IDs 2006 -30110 and 2006 - 30195.
DWR issued the associated Water Quality Certification in December of 2005 under
Project #05 -2049. In June of 2006, the Corps issued Nationwide Permit 39 (Action ID
2006 - 32154) for two permanent road crossings impacting 139 linear feet of stream, 12
temporary road crossings to aid in utility installation, and 12 utility line crossings. This
Nationwide Permit was re- authorized and modified in November of 2008. The
modification authorized a cumulative total of 150 linear feet of permanent stream
impacts; however, only 115 linear feet of permanent impacts were completed. In
February of 2009, the Nationwide Permit 12 was re- authorized for 165 linear feet of
temporary stream impacts and 0.008 acre of temporary wetland impacts.
In 2012, the local bankruptcy court ordered the auction of White Oak Plantation. The
auction was ordered after the developers failed to pay for an irrigation line Polk County
had extended to the property and back taxes. At that time, approximately 29 lots were
sold and approximately 6 houses were constructed in the original development. The
property was purchased, following an upset bid, by Overmountain Trace Holdings, LLC.
Tryon Equestrian Partners, LLC purchased the White Oak Plantation property from
Overmountain Trace Holdings, LLC in 2013.
Also in 2013, Tryon Equestrian Partners purchased approximately 417 acres adjacent to
John Shehan Road which has become the main site for the equestrian facilities. The
equestrian facilities main site was delineated by Environmental Services, Inc. (ESI) and a
subsequent verification was issued by the Corps in December of 2013 under Action ID
2013 - 02262. In February of 2014, the Corps issued a Nationwide Permit 39 for 290
linear feet of permanent stream impact and 5 linear feet . of temporary stream impacts
associated with development of Phase 1 of the equestrian facilities. DWR issued the
associated Water Quality Certification in February of 2014 under Project #13 -1200.
The original White Oak Plantation property (approximately 935 acres) was re- delineated
in November of 2014 by CEC along with additional property purchased by Tryon
Equestrian Partners, LLC adjacent to US Highway 74. The site was verified by the Corps
in March of 2015 under Action ID 2013 - 02262.
Previous permits and modifications are included in Attachment B.
A pre - application meeting for proposed activities within the entire tract (approximately
1,276 acres) was held on May 4, 2015.
3

The table below summarizes the project history:
Date
Action
October 2004
Original verification of White Oak Plantation
(approx. 935 acres)
NWP 12 for a water intake.
December 2005
NWP 13 for bank stabilization.
Action IDs 2006 -30110 and 2006 - 30195; and
DWQ Project #05 -2049.
NWP 39 for two permanent road crossings
June 2006
impacting 139 linear feet of stream, 12 temporary
road crossings to aid in utility installation, and 12
utility line crossings. Action ID 2006 - 32154.
Modification of NWP 39 for a cumulative total of
November 2008
150 linear feet of permanent stream impacts;
however, only 115 linear feet of permanent
impacts were completed. Action ID 2006 - 32154.
Re- authorization of NWP 12 for 165 linear feet of
February 2009
temporary stream impacts and 0.008 acre of
temporary wetland impacts. Action IDs 2006-
30110 and 2006 - 30195.
Local bankruptcy court orders auction of White
2012
Oak Plantation. Site purchased by Overmountain
Trace Holdings, LLC.
2013
White Oak Plantation and additional property
purchased by Tryon Equestrian Partners.
December 2013
Verification of property for equestrian facilities
(approx. 417 acres).
NWP 39 for 290 linear feet of permanent stream
impact and 5 linear feet of temporary stream
February 2014
impact associated with development of Phase 1 of
the equestrian facilities. Action ID 2013 -02262
and DWR Project #13 -1200.
Re- verification of the original White Oak
March 2015
Plantation property and additional property
acquired adjacent to US Highway 74.
May 2015
Pre - application meeting.
4

3.0 EXISTING SITE CONDITIONS
The TIEC project site consists of Phase 1 of the equestrian facilities, residential lots and
roads, undeveloped wood land, a partially finished (12 holes) golf course, approximately
6 single- family homes, and approximately 3 miles of roads. Elevations range from
approximately 966 feet above mean sea level (MSL) on the northern portion of the
property to 760 feet above MSL on the southeastern portion of the property (Figure 2).
Several natural communities are present on site; each community is described in further
detail below.
3.1 Natural Communities
During site visits in 2007 and 2014, 11 natural community types were identified
on the property. The following is a summary of each of the 11 habitat types
identified on site.
3.1.1 Pine Plantation
There are several areas on the project site composed of planted pine
plantation. The pines are primarily Virginia pine (Pinus virginiana) and
loblolly pine (Pinus taeda). These trees range in age from approximately
five to thirty years old. These areas have been planted in dense rows or
densely seeded patches and almost completely shade out other forms of
vegetation. Drought tolerant ferns such as bracken fern (Pteridium
aquilinum) and ebony spleenwort (Asplenium platyneuron) were observed
but uncommon. Common greenbriar (Smilax rotundifolia) was also
occasionally observed.
3.1.2 Pine - Oak -Heath
This habitat occurs on south facing slopes and on the tops of ridges on
site. Flat areas in the uplands on the southern side of the site contain
various successional stages of a pine- oak -heath habitat. The canopy layer
is dominated by Virginia pine, loblolly pine, red oak (Quercus rubra), and
white oak (Quercus albs). Saplings of the species listed above along with
flowering dogwood (Cornus florida), American holly (Ilex opaca), and
red maple (Acer rubrum) dominate the midstory of this area. Shrub
species observed include blueberry (Vaccinium pallidum), deerberry
(Vaccinium stamineum), and sassafras (Sassafras albidum). Vines
observed included white leafed greenbriar (Smilax glauca), sawtooth
greenbriar (Smilax bona -nox), and common greenbriar. The herb layer is
sparse and is comprised of composites such as goldenrod (Solidago spp.)
and whorled coreopsis ( Coreopsis major). Xeric ferns such as bracken
fern are occasional.
R

3.1.3 Montane Oak- Hickory/Dry Oak- Hickory
This habitat is found on sites with dry to mesic slopes and partly sheltered
ridgetops at moderate to fair elevations. The overstory of this community
is dominated by white oak, red oak, Southern red oak (Quercus falcata),
sweet pignut hickory (Cayra glabra var. odorata), mockernut hickory
(Carya tomentosa), and shagbark hickory (Carya ovata). Other trees
observed were sourwood (Oxydendron arboreum) and tulip poplar
(Liriodendron tulipifera). Conifers such as red cedar (Juniperus
virginiana), white pine (Pinus strobus), Virginia pine, and Canada
hemlock (Tsuga canadensis) were observed but rare in this habitat.
Species observed in the midstory include flowering dogwood, and
American holly. Typical shrubs in this habitat include mountain laurel
(Kalmia latifolia), great rosebay rhododendron (Rhododendron maximum),
huckleberry (Gaylusaccia baccata), American hazelnut (Corylus
americana), maple leaf viburnum (Viburnum acerifolium), nanny berry
(Viburnum prunifolium), coral berry (Symphoricarpos orbiculatus),
blueberry, and deerberry. Vines such as common greenbriar and sawtooth
greenbriar are common. The herb layer is sparse and patchy. Common
members include false Solomon's seal (Smilacina racemosa), false yellow
foxglove (Aureolaria flava), goldenrod, whorled coreopsis, spotted
wintergreen (Chimaphila maculatum), woodland sedge, (Carex rosea),
panic grasses (Panicum spp.,) and Virginia snakeroot (Aristolochia
serpentaria).
3.1.4 Rich Cove Forests (Montane Intermediate Subtype)
This habitat occurs in mesic forests at low to mid elevations. Usually
found on lower concave slopes and flats above streams. Many trees in this
habitat are shared with the dry oak- hickory list such as red oak, blackjack
oak (Quercus marilandica), scarlet oak (Quercus coccinea), chestnut oak
(Quercus prinus), white oak, mockernut hickory, sweet pignut hickory,
and shagbark hickory. Additional members observed in the Rich Cove
Forest are Canada hemlock, red elm (Ulmus rubra), basswood (Tilia
americana), and buckeye (Aesculus octandra). Herbaceous plants that
occur on steep slopes above the floodplain of White Oak Creek include
bloodroot (Sanguinaria canadensis), mayapple (Podophyllum peltatum),
Indian cucumber root (Medeola virginiana), trilliums (Trillium spp.),
rattlesnake plantain (Goodyera pubescens), and Christmas fern
(Polystichum acrostichoides). Other herbs observed that are typical of
rich coves include black cohosh (Cimicifuga racemosa), American
ginseng (Panax quinquefolia), mountain mints (Pycnanthemum spp.), wild
comfrey (Cynoglossum virginianum), beech fern (Thelypteris
hexaganoptera), Southern lady fern (Athyrium filix femina), maidenhair
fern (Adiantum pedatum), Solomon's seal (Polygonatum biflorum), wild
geranium (Geranium maculatum), and Jack -in- the - pulpit (Arisaema
triphyllum).
C

3.1.5 Montane Mafie Cliffs
This community is defined as steep to vertical slopes on metamorphic,
basic igneous, or mafic rock. This habitat is in the northwest section of
the site just north of White Oak Creek and consists of large boulders and
exposed rock faces. A closed tree canopy was lacking in this area but
saplings of Canada hemlock, hackberry (Celtis laevigata), and hop tree
(Ptelea trifoliata) were present. An understory dominated by vines such
as common greenbriar, Virginia creeper (Parthenocissus quinquefolia),
and poison ivy (Toxicodendron radicans) was observed. Herbs such as
wild comfrey, spotted St. John's wort (Hypericum punctatum), and
resurrection fern (Polypodium sp.) were scattered.
3.1.6 Montane Alluvial Forest (Large River Subtype)
This habitat is found on the floodplains surrounding White Oak Creek and
its major tributaries. Dominant trees observed in this habitat include green
ash (Fraxinus pensylvanicum), sweetgum (Liquidambar styraciflua),
sycamore (Platanus occidentalis), four wing silverbell (Halesia
tetraptera), river birch (Betula nigra), basswood, ironwood, and red
maple. Dominant shrubs in this habitat include hop tree, button bush
(Cephalanthus occidentalis), spicebush (Lindera benzoin), bubby bush
(Calycanthus floridus), tag alder (Alnus serrulata), elderberry (Sambucus
canadensis), black willow (Salix nigra), yellowroot (Xanthorhhiza
simplicissima), rivercane (Arundinaria gigantea), Virginia willow (Itea
virginica), and silky dogwood (Corpus amomum). Vines observed include
Virginia creeper, poison ivy, and Japanese honeysuckle (Lonicera japonica).
Examples of herbaceous species in the alluvial forest include orange
jewelweed (Impatiens capensis), pokeweed (Phytolacca americana) tear
thumb (Polygonum sagittatum), and Halberd leafed violet (Viola hastata).
3.1.7 Wetlands
The wetlands on this site are composed of non - alluvial bottomland
hardwood depressions and stream head seeps. Dominant trees such as
green ash, red maple, and black willow are common but patchy along the
wetlands. Most shrubs were observed on hummocks and include species
such as Virginia willow, elderberry, silky dogwood, spicebush, tag alder,
and yellowroot. Other shrubs such as swamp haw (Viburnum nudum)
were uncommon. The understory is composed of dominant species such
as microstegium ( Microstegium vimineum), downy lobelia (Lobelia
pubera), orange jewelweed, stinging nettle (Urtica dioca), ironweed
(Vernonia novaeboracensis), and green coneflower (Rudbeckia lacinata).
Emergent herbs such as arrow leaf arum (Peltandra virginica) and
spatterdock (Nuphar luteum) are found in lower areas associated with
flooding. The sedge and grass species are dominant in the herb layer and
cover most of the understory. Common sedges observed include shallow
sedge (Carex lurida), fringed sedge (Carex crinita), hop sedge (Carex
lupilina), and pointed broom sedge (Carex scoparia). Rushes such as
7

false nutsedge (Cyperus strigosus) and woodland bulrush (Scirpus
expansus) were also observed. Small patches of ferns observed include
cinnamon fern (Osmunda cinnamomea) and netted chain fern
(Woodwardia areolata).
3.1.8 Stream Bank and Riparian
These freshwater habitats include the streambeds and banks of White Oak
Creek, and its unnamed tributaries. White Oak Creek flows through the site,
while other unnamed tributaries have their origins in seeps and springs on
site. Permanently rooted aquatic plants are practically non - existent in swift
streams such as those on site. Most streams are incised and are bordered by
hardwood forests dominated by tulip poplar, red maple, sweetgum, buckeye,
and river birch. In addition to saplings of the above trees, species commonly
observed in the shrub layers along streams include great rhododendron,
mountain laurel, and spicebush. The streamside herbaceous layer includes
microstegium, southern lady fern, heart-leaf (Hexastylis spp.), and Christmas
fern. Sedge species such as shallow sedge, fringed sedge, and foxtail sedge
(Carex vulpinoidea) are scattered along the banks.
3.1.9 Clear Cut/Power Line and Gas Rights -of -Way
This habitat is seasonally cut and maintained through mechanical means
such as mowing and bushhogging. Most of this man-made habitat is
located in areas that were previously Montane Oak - Hickory or Pine -Oak-
Heath, and it resembles an old field successional site. Some early
successional tree saplings and shrubs exist but this site is dominated by
herbs and grasses. Trees such as red maple, blackjack oak, scarlet oak,
southern red oak, white oak, chestnut oak, red cedar, black locust
(Robinina pseudacacia), and tree -of- heaven (Ailanthus altissima) are on
the right -of -way edge as the forest edge takes over. Shrubs observed in
this habitat include black raspberry (Rubus occidentalis), wineberry
(Rubus phoenicolasius), mountain laurel, great rhododendron, and
American hazelnut. Herbs and grasses dominate this habitat and species
observed include goldenrods, whorled coreopsis, hoary mountain mint
(Pycnanthemum incanum), butterfly weed (Asclepias tuberosa), ironweed,
Queen Anne's lace (Daucus carota), alternate leaf wing stem (Verbesina
alternifolia), and crownbeard (Verbesina occidentale). Other less
common plants included butterfly pea (Clitoria mariana), fleabane
(Erigeron philadelphicus), evening primrose (Oenothera biennis),
sunflowers (Helianthus spp.), Indian plantain (Cacalia muhlenbergii), and
round leaf eupatorium (Eupatorium rotundifolium).
3.1.10 Montane Alluvial Clear Cut and Existing/Future Golf Course
This habitat is on the floodplain of White Oak Creek. It will be constantly
cut and maintained as an official golf course. Tree, shrub, and stump
removal has resulted in a lack of overhead canopy. It is being converted
to uniform lawn and sand traps. Grass species such as Bermuda (Cynodon
8

dactylon), fescue (Festuca sp.), blue grass (Poa spp.), broom sedge
(Andropogon virginicus), and Foxtail millet (Setaria sp.) have been sown.
3.1.11 Landscaped Areas and Residential Lawns
Turf grass or maintained lawns were identified on certain areas around the
TIEC. This includes a number of completed residential lawns, maintained
grass medians, and landscaped areas. These areas undergo regular
mowing and maintenance. Vegetation in these areas was dominated by a
variety of introduced grasses including perennial ryegrass (Lolium
perenne), redtop (Agrostis gigantea), red fescue, bluegrass, and fescue.
Other common herbaceous species included dandelion (Taraxacum
officinale), lyre -leaf sage (Salvia lyrata), common plantain (Plantago
major), lance leaf plantain (Plantago lanceolata), and white clover
(Trifolium repens).
3.2 Soils
The project site is located within the Piedmont physiographic region of North
Carolina and more specifically the Southern Inner Piedmont Ecoregions. Three
soil associations are present on site: the Pacolet- Madison -Rion association, the
Pacolet- Bethlehem -Rion association, and the Riverview - Chewacla- Buncombe
association. The Pacolet- Madison -Rion association and the Pacolet-Bethlehem-
Rion association are classified as gently sloping to steep, well drained soils.
These associations are found on piedmont uplands. The Riverview-Chewacla-
Buncombe association is classified as nearly level and gently sloping, somewhat
poorly drained to excessively drain soils. This soil association is found on
floodplains. Soil series present on site include: Buncombe, Cecil, Chewacla,
Grover, Madison, Pacolet- Bethlehem complex, Rion - Ashlar -Rock outcrop, Rion -
Cliffside complex, Skyuka, and Wehadkee (Figure 3).
3.3 Fish and Wildlife Use of the Proiect Site
Wildlife species inhabiting the site include those typically found in the forest
types of the region previously described above. Although site - specific studies and
inventories documenting species utilization of the TIEC project area have not
been conducted, general observations of fish and wildlife use were recorded
during the wetland and stream delineation; and the threatened and endangered
species assessments.
3.4 Threatened and Endangered Species
CEC has conducted a file review of records maintained by the US Fish and
Wildlife Service (FWS) and the North Carolina Natural Heritage Program (NHP).
The desktop literature review involved a review of the FWS list of protected
species in Polk County; and the NHP Element Occurrence Data on which NHP
identifies current and historic occurrences of listed species for a specific locale.
The FWS lists 4 species as occurring in Polk County that are subject to Section 7
consultation. By letter dated January 27, 2004, the FWS noted the presence of
dwarf - flowered heat leaf (Hexastylis naniflora) adjacent to the site. The NHP
E

database identifies 41 element occurrences (EO) within a 5 -mile radius of the
project site; 3 EOs, comprised of 1 species, hold Federal status and are subject to
Section 7 consultation. The Federally listed species identified by the FWS and
NHP are listed below.
Common Name Scientific Name Federal Status
Northern Long -Eared Bat (NLEB) Myotis septentrionalis T
Dwarf Flowered Heart- Leaf"`* Hexastylis naniflora T
Small Whorled Pogonia Isotria medeoloides T
White Irisette Sisyrinchium dichotomum E
"Species with a Federal status subject to Section 7 Consultation and within 5 miles of the project
site.
Habitat assessments for the project site were conducted in 2007 and November of
2014. Potential fauna were identified to the taxonomic unit level necessary to
determine if the observed specimen was a protected species. Flora were identified
to the lowest taxonomic level readily discernible in the field during the time of
survey. Although habitat assessments were completed in 2007 and 2014,
associated reports were not completed.
CEC did not observe listed species during 2007 or 2014. The applicant will avoid
clearing trees during the moratorium for the NLEB. If additional tree cutting needs
to occur during this time, the applicant will consult with the FWS prior to tree
cutting activities. CEC staff observed Hexastylis spp. adjacent to several unnamed
tributaries to White Oak Creek on the southern portion of the property; however, a
definitive identification of Hexastylis naniflora could not be made. These plants
are located in the residential portion of the property and will not be impacted by
construction.
It is the opinion of CEC that development of the TIEC is not likely to cause an
adverse impact to any federally threatened or endangered species or their critical
habitat. The FWS will be notified via Public Notice about the project and will be
given the opportunity to comment on the project and its potential effects on
threatened and endangered species.
3.5 Cultural Resources
A desktop review of the National Register of Historic Places (NRHP) records
maintained by the NC State Historic Preservation Office (SHPO) and available on
SHPO's HPOWEB GIS Service indicates one historic property within 3 miles of
the project site. The Green River Plantation (SHPO #PL0003) is located
approximately 2.6 miles from the TIEC. It is the opinion of CEC, that the proposed
activity, on the partially developed site, is not likely to threaten the integrity of
NRHP site. The SHPO will be notified via Public Notice about the project and will
be given the opportunity to comment on the project and its potential effects on
cultural resources.
10

There is one cemetery present on site located on the knoll behind the existing
plantation house. Most cemeteries are not considered eligible for the National
Register, but they are protected by several North Carolina General Statutes. In
particular, GS 14 -148 and 14 -149 prohibit disturbing graves, grave markers, or
other items or materials erected or placed to designate the place where any dead
body is interred. The cemetery is marked and protected by a stone wall that
completely surrounds the boundaries of the cemetery.
Public access to the cemetery will be provided with consent as required by GS 65-
101. All visitors must be escorted to and from the cemetery location. TEIC and
its on -site representatives will require a minimum of 48 hours of notice to prepare
for and provide access as noted. Access without consent is not available.
11

4.0 PROJECT PURPOSE
The project purpose is to develop an equestrian center resort with housing and
recreational opportunities.
12

5.0 PROPOSED PROJECT DEVELOPMENT
The TIEC is a 1,276 -acre equestrian facility, outdoor sports complex, hotel spa resort,
and residential community. The TIEC will offer year -round activities and a variety of
accommodation options.
The equestrian facilities will include five riding arenas with all- weather footing, one
riding arena with stadium seating, four grass riding rings, a regulation polo field, a
covered riding facility, 1,000 permanent stables, wash stalls, permanent vender store-
fronts, and dedicated bridle paths.
The outdoor sports complex will include a health club, game room, sports bar,
playground, tennis courts, basketball courts, pool, and private cabanas. The project also
includes an Arnold Palmer Signature Design Golf Course. Twelve holes of this course
have already been constructed.
The hotel spa resort would include a 150 -room hotel, an entertainment pavilion, a
restaurant and bar, retail shops, indoor and outdoor pools, a fitness center, hair and nail
salon, year -round wellness programming, and event/meeting space.
Residential and accommodation options include a log cabin village, an RV park, rental
homes, residential lots, and "farmettes" ranging from 5 to 10 acres.
Approximately 3 miles of roads, some utilities (water and sewer), 12 holes of the golf
course, and portions of the equestrian facility have been constructed at the site. Proposed
impacts include additional stream and wetlands impacts for development of barns,
parking, and a grass bridle path; development of the "farmettes" at the equestrian facility;
continued construction of the remaining golf holes; and continued development of roads
and utilities. An impact map is included for review (Figure 4).
5.1 Roads
Approximately 3 miles of roads were constructed on site as a part of the original
White Oak Plantation development. Construction stopped at White Oak
Plantation prior to completion of all road construction. The project will include
additional road construction to access residential home sites. Permanent fill
impacts associated with road crossings are as follows:
13
Road Impacts
Impact
Stream (U)
Acres (AC)
RC 1
91
0
RC2
185
0
RC3
64
0
RC4
62
0
RC5
60
0.02
Total
462
0.02
13

Previously 115 0
Permitted
Grand Total 1 577 1 0.02 1
5.2 Utilities
Some utility crossings (water and sewer) were installed as a part of the original
White Oak Plantation development. Construction stopped at White Oak
Plantation prior to completion of utility construction. TIEC requires 5 additional
utility crossings to service residential home sites. These utility lines will be
"trenched in" and upon completion, the stream beds and banks will be returned to
their pre- impact condition. Temporary fill impacts associated with utility line
crossings are as follows:
Utility Impacts
Impact
Stream (LF)
UC1
30
UC2
30
UC3
30
UC4
30
UC5
30
Total
150
5.3 Equestrian Facilitv Impacts
Development of the equestrian facilities began in 2014 and continues at the site.
Many of the riding arenas and stables have been completed and equestrian patrons
are utilizing the facility. Additional impacts at the equestrian facility are
associated with development of barns, parking, and a grass bridle path (Impact
E1) and development of "farmettes" which are small private farms within the
equestrian facility (Impact E2). Permanent fill impacts associated with equestrian
facility development are as follows:
Equestrian Facility
Impact Stream (LF)
E1 393
E2 53
Total 446
Previously I 290
Permitted
Grand Total 1 736 1
14

5.4 Golf Course Impacts
The applicant is proposing the continued development of an Arnold Palmer
Signature Design Golf Course. Approximately 12 holes of the proposed course
were constructed as a part of the original White Oak Plantation project.
Construction stopped at.White Oak Plantation prior to completion of the golf
course. The project will include completion of the golf course. There are no new
permanent stream or wetland impacts needed to complete the construction of the
golf course.
5.5 Total Impacts
Impact
Stream (LF)
Acres (AC)
RC 1
91
0
RC2
185
0
RC3
64
0
RC4
62
0
RC5
60
0.02
UCl
30
0
UC2
30
0
UC3
30
0
UC4
30
0
UC5
30
0
El
393
0
E2
53
0
Total
1,058
0.02
Previously Permitted
405
0
Grand Total
1,463 I
0.02
15

6.0 DISCUSSION OF ALTERNATIVES
This discussion of alternatives is submitted by the applicant to assist the Wilmington
District, Corps in evaluating the application for authorization to discharge dredged or fill
material into waters of the United States, including wetlands, under Section 404 of the
Clean Water Act, 33 U.S.C. § 1344 at the proposed project site.
An analysis of the Section 404(b)(1) Guidelines (Guidelines) requirements for
consideration of alternatives as required by 40 C.F.R. 230.10(a) is set forth below.
The Guidelines' alternatives requirements provide that "no discharge of dredged or fill
material shall be permitted if there is a practicable alternative to the proposed discharge
which would have less adverse impact on the aquatic ecosystem, so long as the
alternative does not have other significant adverse environmental consequences." [See
40 C.F.R. 230.10(a) (emphasis added).] The record must contain "sufficient information
to demonstrate that the proposed discharge complies with the requirements of Section
230.10(a) of the Guidelines. The amount of information needed to make such a
determination and the level of scrutiny required by the Guidelines is commensurate with
the severity of the environmental impact (as determined by the functions of the aquatic
resource and the nature of the proposed activity) and the scope /cost of the project." [See
Corps/EPA Memorandum to the Field "Appropriate Level of Analysis Required for
Evaluating Compliance with Section 404(b)(1) Guidelines Alternatives Requirements," p.
2, dated August 23, 1994, hereinafter the "Memorandum. "] As noted in the
Memorandum on pages 3 -4, the 404(b)(1) Guidelines "only prohibits discharges when a
practicable alternative exists which would have less adverse impact on the aquatic
ecosystem." [See Memorandum.] "If an alleged alternative is unreasonably expensive to
the applicant, the alternative is not practicable." [See Guidelines Preamble, "Economic
Factors," 45 Federal Register 85343 (December 24, 1980).]
Practicable alternatives for the project are those alternatives that are "available and capable
of being done after taking into consideration costs, existing technology, and logistics in
light of overall project purposes." [See 40 C.F.R. 230.10(a)(2).] Clarification is provided
in the Preamble to the Guidelines on how cost is to be considered in the determination of
practicability. An alternative site is considered "available" if it is presently owned by the
applicant or "could reasonably be obtained, utilized, expanded or managed in order to
fulfill the basic purpose of the proposed activity." 40 C.F.R. § 230. 1 0(a)(2).
The intent is to consider those alternatives, which are reasonable in terms of the overall
scope and cost of the Droposed vroiect. The term economic [for which the term "costs"
was substituted in the final rule] might be construed to include consideration of the
applicant's financial standing, or investment, or market share, a cumbersome inquiry
which is not necessarily material to the objectives of the Guidelines.
The Environmental Protection Agency (EPA) 404(b)(1) Guidelines state that, "we have
chosen instead to impose an explicit, but rebuttable presumption that alternatives to
discharges in special aquatic sites are less damaging to the aquatic ecosystem, and are
16

environmentally preferable." Of course, the general requirements that impacts to the
aquatic system not be acceptable also applies. This presumption "...contains sufficient
flexibility to reflect circumstances of unusual cases" (249 Fed. Reg., 85339, December
24, 1980). It is clear from these stipulations that a preferable alternative may allow
filling in certain wetland areas and subsequent mitigation and /or management of other
areas.
6.1 Alternatives — As- Proposed
The project site is located in Polk County and bisected by White Oak Creek. It is
easily accessible and is in close proximity to major highways, airports, urban
centers, and facilities that can provide fundamental goods and services. Tryon is
considered one of the "equi- centers" of the United States, with a broad and deep
history of equestrian culture and sport. Therefore, the proposed location is the
prime setting for the TIEC.
Tryon Equestrian Partners, LLC purchased the defunct White Oak Plantation
development and obtained additional parcels to assemble a tract that is
approximately 1,276 contiguous acres. This acreage allows enough area for the
equestrian and golf course amenities while still providing adequate opportunity
for residential housing. This site contains a range of elevations that will yield
higher elevation lodging opportunities with long -range vistas and lower elevation
lodging opportunities with views of the golf course and White Oak Creek.
Topography in the White Oak Creek valley is ideal for a golf course. Completion
of the golf course can be done without new impacts to streams and wetlands.
The TIEC will be able to connect to the local municipal water supply (Polk
County) and municipal sewer system (Town of Rutherfordton) that was installed
at the site in 2007 and 2008.
Master planning and permitting of large and long term development projects
depends highly upon having flexibility to implement sound land planning and
engineering design principles which are often conceptual at the time of
permitting. These designs must include enough land for the project to be
economically justified, reasonable site access, construction of utilities and
stormwater systems, and appropriate locations of various land use amenities.
It has been determined that other mountain properties of similar size located in
western North Carolina would likely contain comparable streams, wildlife, and
cultural resources, presenting similar engineering and land planning challenges
and opportunities. The applicant has expended significant resources to conduct
intensive surveys and site assessments, including land surveys, stream and
wetland delineations, and threatened and endangered species surveys. Intensive
land planning and market analysis has also been conducted for the development.
The information gathered from these tasks has been considered in preparation of
the master plan submitted with this permit application. Market analysis
conducted by the applicant confirms the aptness of the project site for the
17

intended purpose. However, for the project to be economically viable, enough
land must be made available for amenities and residential development to cover
development costs and provide a reasonable profit. Since the land area is finite,
development costs, particularly construction costs, must be limited for the project
to be successful.
It is important to note that the resort is uniquely well situated for the development
of a master planned community. The site is located directly off US Highway 74
and just minutes from Interstate 26. The proximity of the site to US Highway 74
provides easy access to Charlotte, Greenville, SC, and Asheville.
The resort is ideally located with convenient access to public and private airports.
The resort is one hour west of Charlotte- Douglas International Airport, 30
minutes north of Greenville /Spartanburg International Airport, 30 minutes
southeast of Asheville Regional Airport, 15 minutes from Rutherfordton private
airport, and there are current plans for an on -site heliport to support commercial
travel. This location is favorable to the success of the development as potential
residents utilize the goods, services, and attractions that are offered by nearby
towns. It is also within a short driving distance to cities that provide additional
services.
6.2 Alternatives — Off -Site Options
There are few, if any, single tracts of land in Polk County large enough to
accommodate a development such as the TIEC. For this reason, Tryon Equestrian
Partners, LLC was not able to find a single tract of land in Polk County that met
the project needs. Additionally, development of large portions of the site was
started or completed as a part of the original White Oak Plantation project by a
different developer. This provided for a unique opportunity to purchase a large
portion of partially developed land for a discounted price. The chosen site is
compiled of many individual parcels. This compilation of parcels has taken
approximately two years to complete. Due to the lack of large parcels in Polk
County and the amount of time and effort it has taken to compile such a large
number of parcels, all energies had to be focused on assembling a tract large
enough to sustain a development of substantial size. For this reason, Tryon
Equestrian Partners, LLC considered no other group of parcels for this
development.
6.3 Alternatives — No Action
The proposed project would not be able to be completed without impacts to
jurisdictional streams and wetlands.
The Corps requires that a No- Action Alternative be analyzed which takes into
account the "predictable actions," if any, that may occur should the Corps decide
not to act. If the Corps chose not to act, a Section 404 permit would not be
authorized for the site. For the project to continue, the footprint of the buildings
and grading would need to be decreased so that the existing buildings and
18

topography could accommodate site infrastructure. Additional development of
the equestrian facilities would likely be eliminated from the project design due to
limited space. Existing roads on site would need to be used as primary assess;
and existing utilities would need to service the site. Currently, existing roads and
utilities are not comprehensive enough to service the entire development. Lot
owners would be left without road access or utility services; and the equestrian
facilities would not be constructed to the fullest potential. The project purpose
and need would not be met.
6.4 Avoidance and Minimization
In preparing the master plan, Tryon Equestrian Partners, LLC considered a variety
of constraints, including impacts to streams and wetlands. The applicant has
avoided and minimized impacts to streams and wetlands to the greatest extent
practicable and feasible while still accomplishing the overall project purpose. It
has been determined that most large properties in western North Carolina contain
similar streams, springs, and seeps as those found on the project site.
During design of the equestrian facilities, the applicant considered several site
layouts, which included impacts to significantly more streams than the proposed
plan depicts. Prior to the submittal of this application, the applicant conducted
meetings with regulatory agency personal. Plan changes and reduction of impacts
were in response to consultant and agency comments. Two additional equestrian
center plans were considered (Figures 5 and 6). The plan developed in June of
2013 and represented in Figure 5 includes the same basic equestrian components;
however, proposed impacts were 9,249 linear feet of stream and 0.33 acres of
wetlands. A second site plan was completed for this area in July of 2013 and is
represented in Figure 6. This plan also includes the same basic equestrian
components; however, impacts were reduced. Impacts associated with the plan in
Figure 6 include 4,022 linear feet of stream and 0.06 acres of wetland.
Additionally, there was a previous "farmette" plan that included 1,287 linear feet
of stream impact; this has been reduced to 446 linear feet of stream impact (total
impacts for E1 and E2). The proposed site plan for the equestrian facilities in this
application includes 736 linear feet of stream impact (including previous impacts)
and no wetland impacts. Avoidance and minimization at the equestrian facility,
including the "farmettes," reduced impacts by 8,513 linear feet of stream and 0.33
acres of wetland.
Although additional impacts will be needed, roads and utilities will utilize
existing infrastructure that was previously constructed as a part of the White Oak
Plantation project. Bridges will also be used for road and cart path crossings in
some locations.
The golf course will be completed with no new impacts to jurisdictional waters.
Because the site is covered in long linear stream segments, it would be impossible
to avoid all streams while continuing to maintain a rational project design and the
19

flexibility needed to construct a large -scale master planned community with a
lengthy build out period.
A summary of the avoidance and minimization that has taken place on site is as
follows:
Feature
On -Site Totals
Proposed Impacts
Percent Avoided and Minimized
Stream
66,132
1,463
97.7
Wetland
21.40
0.02
99.9
Open Water
4.04
0
100
While the project will impact streams and wetlands, the overall impact to stream
resources on site for the project is minimal (impacts to 34% of streams on site)
and is offset by adequate mitigation. The result is the permanent preservation of
approximately 7,979 linear feet of streams and approximately 10.3 acres of
upland buffers on -site. These preserved streams will be subject to restrictive
covenants to ensure permanent preservation. Because these streams perform
valuable water quality functions, the preservation of these important areas will
contribute in perpetuity to wetlands, stream, fish and wildlife protection, and
improved water quality.
6.5 Alternatives Conclusion
This discussion of avoidance and minimization, together with the documents
submitted by the applicant in support of the 404 Permit, show that the project is in
compliance with the Guidelines. As this analysis clearly demonstrates, the
proposed, expansion is designed to avoid and minimize impacts to the site to the
maximum extent practicable while maintaining a rational project design.
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7.0 CONCEPTUAL MITIGATION PLAN
Upon completion and implementation of practical avoidance and minimization efforts, a
total of 1;463 linear feet of stream impacts and 0.02 acre of wetland impacts associated
with the development of the TIEC are unavoidable. Approximately 290 linear feet of
stream impact was mitigated for associated with the Nationwide Permit 39 issued for the
equestrian facilities (Action ID 2013 - 02262). Additionally, the applicant is not proposing
to mitigate for wetland impacts (0.02 acres) or temporary utility crossing impacts (150
LF). The applicant is proposing to mitigate for previous impacts associated with the
Nationwide 39 issued for residential development (115 linear feet). Streams to be
mitigated total 1,023 linear feet (1,463 LF — 290LF for previous mitigation — 150 LF for
temporary utility crossings = 1,0231,F). Unavoidable stream impacts will be mitigated
for at a compensatory mitigation ratio of 2:1.
The applicant proposes to mitigate in phases. Phase 1 of mitigation will include previous
impacts (115 linear feet) and equestrian center impacts (Impacts El and E2). Phase 2 of
mitigation will include the remainder of impacts (462 linear feet). The following is a
summary of the basic mitigation requirement for the proposed project:
Type of Impact
Previous Impact
Equestrian Center Impacts
f Total Impact
Total Mitigation Required
Type of Impact
Remainder of Impacts
Total Impact
Total Mitigation Required
Mitigation Required - Phase 1
Impact (LF) Compensatory Basic Mitigation
Mitigation Ratio (x: l) Requirement (LF)
115 2 230
446 2 892
561
1,122
Mitigation Required - Phase 2
Impact (LF) Compensatory Basic Mitigation
Mitigation Ratio (x: l) Requirement (LF)
462 2 924
462
924
Total Mitigation for Both Phases
Impact (LF) Compensatory
Type of Impact Mitigation Ratio (x:1)
Phase 1 561 2
Phase 2 462 2
Total 1,023
21
Basic Mitigation
Requirement (LF) f
1122 1
924
2;04'6. J

7.1 NC Division of Mitigation Services (DMS)
The applicant is proposing to mitigate for Phase 1 (561 linear feet of stream)
impacts at a 1:1 ratio through DMS. By letter dated June 24, 2015, DMS has
indicated they are willing to accept payment for impacts associated with
development at the TIEC site. The acceptance letter is enclosed for review
(Attachment C).
An acceptance letter from the DMS or other approved mitigation bank will be
provided to the Corps prior to impacts from Phase 2 (462 linear feet of stream).
7.2 Preservation
The applicant is proposing to mitigate for Phase 1 and Phase 2 impacts at a 7.5:1
ratio through preservation of 7,979 linear feet of on -site stream channels. The
preservation reaches will be treated for exotic and invasive species during years 1,
3, and 5; and photographs of preservation reaches will be sent to the Corps for
review.
Proposed preservation for Phase 1 and 2 impacts will be executed at the same
time prior to or concurrent with impacts associated with Phase 1. Model
restrictive covenants will be sent to the Corps for review and approval.
7.3 Summary
The following is a summary of the proposed mitigation:
Mitigation Table
Stream
Linear Feet of
,type Mitigation Activity
Total Credit
Mitigation
Ratio (x:1)
UTs to White
Oak Creek
7,979
Preservation 7.5
1,063
(Phase 1 and 2)
DMS (Phase 1)
561
Restoration 1
561
DMS (Phase 2)
462
Restoration 1
462
Total
9,002
2,086
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8.0 US ENVIRONMENTAL PROTECTION AGENCY 404(b)(1) GUIDELINES
EPA interim regulations providing guidance for specification of deposit on sites for
dredge and fill material were published on September 17, 1993, in 40 C.F.R. 230 per
Section 404(b)l. Sub -Parts A through I pertain to dredge and fill permits, and apply to
project sites similar to this project.
Sub -Part D presents a summary of compliance criteria for the 404(b)1 guidelines. This
section references and defines practicable alternatives and indicates that a Dredge & Fill
Permit shall not be issued if practicable alternatives exist. Alternatives reviewed, detailed
in Section 6.0, were assessed for compliance with 404(b)1 guidelines.
Additional EPA guidance is presented related to general regulatory criteria, wildlife
value, and human health guidelines. The discharge of dredge and fill material is
considered permittable under these guidelines if the discharge activity: does not
contribute to violation of state water quality standards; does not violate toxic effluent
standards; does not jeopardize the continued existence of species listed as threatened and
endangered pursuant to the federal Endangered Species Act of 1973 and subsequent
amendments; does not cause degradation to any marine sanctuaries; does not contribute
to significant degradation of "waters of the United States;" does not adversely affect
human health as pertains to water supply; does not adversely impact wildlife, food chain,
and special aquatic sites; does not contribute to the discharge of pollutants that may affect
the food web; does not have negative effects on the productivity of the aquatic
ecosystem, or their physical values; and does not have adverse impacts on recreation,
aesthetic or economic values. Additionally, the applicant is required to minimize
potential adverse impacts on the aquatic ecosystem.
8.1 Factual Determination
The Corps is required to determine both potential short-term and long -term effects
of a proposed discharge of dredge and fill material on the physical, chemical, and
biological components of an aquatic environment.
8.2 Potential Impacts on Phvsical and Chemical Characteristics of the Apuatic
Ecosystem
Sub -Part C of the 40 C.F.R. 230 guidelines lists six physical and chemical
characteristics that must be assessed during the permit review, and the effects of
which must be determined to be minimal on the aquatic ecosystem.
8.2.1 Substrate
Fill material will be placed in jurisdictional streams and wetlands. Any discharge
will consist of suitable fill material and will not include any trash, debris, car
bodies, asphalt, etc. The fill material will also be free of toxic pollutants in toxic
amounts. Proper sediment and erosion control devices will be installed prior to
and during construction to ensure that the bottom elevation of remaining streams
and wetlands on the property will not change.
23
I

8.2.2 Suspended Particulate /Turbidity (Sediment and Erosion Control)
During construction activities on the site, there may be a minimal increase in
suspended particulates that may lead to increased turbidity downstream.
However, the increase is anticipated to be minimal and temporary due to the
installation and maintenance of proper sediment and erosion control measures
during construction and shortly thereafter.
8.2.3 Water Oualitv
The proposed discharge of dredge and fill material should not cause increased
chemical contamination levels within the aquatic ecosystem. Specifically,
changes in clarity, color, odor, and taste of water in addition to possible chemical
contamination shall be minimized or reduced. All discharges of dredge and fill
material will be controlled with a sediment and erosion control plan.
It is anticipated that all of the fill material needed at the site will be taken from
on -site areas. The fill material used on site will be clear and free of chemical
contamination. Should additional fill material be required, suitable, off -site, clean
fill material will be purchased and transported to the project.
The applicant will be concurrently applying for a DWR, Water Quality
Certification.
8.2.4 Current Patterns in Water Circulation
The discharged fill material will modify current water circulation patterns by
obstructing flow, changing direction or velocity of water, and changing velocity
or flow of circulation in the channels proposed for impact; however, water
circulation and patterns will be re- established in the stream channels provided as
mitigation.
Culverts will be buried to a depth that is equal to 20% of their diameter; culverts
that are larger than 48 inches will be buried to a depth of 12 inches, unless
topographic constraints indicate culvert slopes greater than 5% or bedrock is
present at the culvert location.
8.2.5 Normal Water Fluctuations
The discharge of fill material associated with the proposed project is not
anticipated to have any significant effect on the downstream hydrologic regimes.
8.2.6 Salinity
Because this project is located inland and away from tidally influenced waters and
wetlands, no modification to the salinity of on -site or adjacent waters is expected.
8.3 Potential Impacts to Biological Characteristics of the Ecosystem
Sub -Part D of the 40 C.F.R. 230 guidelines specifies three areas of concern in
which disposal of dredge and fill material can affect the biological components of
the ecosystem. These components are threaten and endangered species, fish,
crustaceans, mollusks, other aquatic organisms in the food web, and wildlife.
24

8.3.1 Threatened or Endanizered Species
CEC has conducted a file review of records maintained by the FWS and the NHP.
The desktop literature review involved a review of the FWS list of protected
species in Polk County; and the NHP Element Occurrence Data on which NHP
identifies current and historic occurrences of listed species for a specific locale.
The FWS lists 4 species as occurring in Polk County that are subject to Section 7
consultation. By letter dated January 27, 2004, the FWS noted the presence of
dwarf - flowered heat leaf (Hexastylis naniflora) adjacent to the site. The NHP
database identifies 41 element occurrences (EO) within a 5 -mile radius of the
project site; 3 EOs, comprised of 1 species, hold Federal status and are subject to
Section 7 consultation. The Federally listed species identified by the FWS and
NHP are listed below.
Common Name Scientific Name Federal Status
Northern Long -Eared Bat (NLEB) Myotis septentrionalis T
Dwarf Flowered Heart- Leaf** Hexastylis naniflora T
Small Whorled Pogonia Isotria medeoloides T
White Irisette Sisyrinchium dichotomum E
"Species with a Federal status subject to Section 7 Consultation and within 5 miles of the project
site.
Habitat assessments for the project site were conducted in 2007 and November of
2014. Potential fauna were identified to the taxonomic unit level necessary to
determine if the observed specimen was a protected species. Flora were identified
to the lowest taxonomic level readily discernible in the field during the time of
survey. Although habitat assessments were completed in 2007 and 2014,
associated reports were not completed.
CEC did not observe listed species during 2007 or 2014. The applicant will avoid
clearing trees during the moratorium for the NLEB. If additional tree cutting needs
to occur during .this time, the applicant will consult with the FWS prior to tree
cutting activities. CEC staff observed Hexastylis spp. adjacent to several unnamed
tributaries to White Oak Creek on the southern portion of the property; however, a
definitive identification of Hexastylis naniflora could not be made. These plants
are located in the residential portion of the property and will not be impacted by
construction.
It is the opinion of CEC that development of the TIEC is not likely to cause an
adverse impact to any federally threatened or endangered species or their critical
habitat. The FWS will be notified via Public Notice about the project and will be
given the opportunity to comment on the project and its potential effects on
threatened and endangered species.
25

8.3.2 Fishes, Crustaceans, Mollusks, and other Aa_uatic Organisms in the Food
Web
Discharges of dredge and fill material can alter the food web by impacting
animals such as invertebrates that make up the basis of a food chain. The release
of contaminants or an increase in turbidity has the potential to negatively affect
certain aspects of the food web. Such releases may also potentially increase the
levels of exotic species.
Impacts to primary food chain production within the waters of the US and
wetlands will occur on the project site; however, food chain production will be re-
established over time in the streams and wetlands provided as mitigation. Net
impacts to primary food chain production are expected to be minimal.
8.3.3 Other Wildlife
The discharge of dredge and fill material has the potential to negatively affect
breeding and nesting areas, escape cover, travel corridors, and preferred food
sources for resident and migrant wildlife species.
The project as proposed will not affect breeding and nesting areas, escape cover,
travel corridors, or food sources for resident and migrant wildlife species. While
a loss of wildlife habitat for stream and wetland species may result from
construction of the project, the proposed mitigation will compensate for any
minor loss of habitat.
8.4 Potential Impacts on Special Aouatic Sites
Sub -Part E of the 40 C.F.R. 230 guidelines addresses considerations for potential
impacts on special aquatic sites, which include: sanctuaries and refuges,
wetlands, mud flats, vegetated shallows, coral reefs, and riffle -pool complexes.
8.4.1 Sanctuaries and Refuges
The discharge of dredge and fill material has the potential to negatively affect
adjacent sanctuaries and wildlife refuges by impacting water quality, decreasing
wildlife habitat, increasing human access, and creating the need for frequent
maintenance activity, resulting in the establishment of undesirable plant and
animal species, which can change the balance of habitat type. There are no
designated sanctuaries of refuges located within the project vicinity; therefore,
impacts to sanctuaries or refuges will not occur as a result of development at the
proposed project site.
8.4.2 Wetlands
The discharge of dredge and fill material has the potential to adversely affect
wetlands including wetland substrate, hydrology, and vegetation. Discharges can
lead to a loss of wetland values, such as wildlife habitat, flood storage, and
groundwater recharge. The discharge of fill material will impact 0.02 acre of
wetlands on site. Approximately 21.38 acres of wetlands has been avoided;
totaling 99.9% of total wetlands on site.
26

8.4.3 Mud Flats
Discharge of dredge and fill material has the potential to negatively affect mud
flats that exist along inland lakes, ponds, and riverine systems. There are no mud
flat communities within the project boundary; therefore, loss of these ecosystems
will not occur as a result of development at the proposed project site.
8.4.4 Vegetated Shallows
Discharge of dredge and fill material has the potential to negatively affect
vegetated shallows. Vegetated shallows are permanently inundated areas that
contain rooted aquatic vegetation. This type of habitat generally exists within
estuarine and marine environments; and some freshwater lakes and rivers. No
vegetated shallow habitats exist within the project boundary; therefore, no
impacts to this ecosystem will occur as a result of development at the proposed
project site.
8.4.5 Coral Reefs
Discharge of dredge and fill material has the potential to negatively affect coral
reefs. Coral reefs typically exist within marine ecosystems. Coral reefs do not
exist within the project boundary; therefore, no impacts to this ecosystem will
occur as a result of development at the proposed project site.
8.4.6 Riffle -Pool Complexes
Discharge of dredge and fill material into or upstream of riffle -pool complexes
has the potential to negatively affect water quality and wildlife value. Fill in the
form of culverts has the potential to be placed into riffle -pool complexes.
However, culverts will be buried at a depth equal to 20% of their diameter which
will allow natural bed substrate to cover the bottom of the culvert. These areas
would most likely take on riffle functions. Any permanent impact to riffle -pool
complexes will be mitigated for through the proposed mitigation.
8.5 Potential Effects on Human Use Characteristics
Sub -Part F of the 40 C.F.R. 230 guidelines address potential effects on human use
of wetlands and waterways. Factors including water supply, recreational and
commercial fisheries, water - related recreation, aesthetics, and parks and similar
preserves are considered within this portion of the guidelines.
8.5.1 Municipal and Private Water Supply
The public water supply will not increase or decrease due to activities at the
proposed project site. Potable water will be supplied by Polk County.
8.5.2 Recreational and Commercial Fisheries
Discharge of dredge and fill material has the potential to negatively affect
recreational and commercial fisheries. Streams on site are not a part of any
recreational or commercial fishery. Activities taking place at the proposed project
site will not adversely impact recreational or commercial fisheries.
27

8.5.3 Water - Related Recreation
Activities taking place at the proposed project site will not increase or decrease
waterborne recreation in the project boundary or vicinity.
8.5.4 Aesthetics
Aesthetically, the proposed development will be no different from any other
amenity -based developments in surrounding areas. The project is not expected to
diminish the aesthetic value of the area or cause disharmony from an aerial or
neighboring view.
8.5.5 Parks, National and Historical Monuments, National Beach Shores,
Wilderness Areas, Research Sites, and Similar Preserves
No parks, national or historical monuments, national beach shores, wilderness
areas, research sites, or similar preserves will be affected by the proposed
development at the site.
8.6 Summary
Based on the EPA guidelines identified within 40 C.F.R. 230, and enumerated
herein, a number of potential environmental impacts have been presented and
subsequently addressed. The proposed permanent impact to a cumulative total of
1,463 linear feet of unnamed tributaries to White Oak Creek and 0.02 acre of
wetland will not cause any off site adverse impacts. Mitigation offered through
payment in to the DMS and preservation will compensate for any on -site impacts.
28

9.0 PUBLIC INTEREST CONSIDERATIONS
When reviewing this application, the Corps is required to consider the project in terms of
the public interest. In considering the public interest, the Corps must evaluate the
probable impacts of the project and evaluate the "benefits which reasonably may be
expected to occur from the proposal against reasonably foreseeable detriments ". In
balancing these interests, the Corps must consider the public and private need for the
proposed project, the practicability of using reasonable alternative locations, and the
extent and permanence of the beneficial and/or detrimental impacts of the project. The
Corps also considers the following public interest factors:
conservation, economics, aesthetics, general environmental concerns,
wetlands, historic and cultural resources, fish and wildlife values, flood
hazards, floodplain values, land use, navigation, shore erosion and
accretion, recreation, water supply and water quality, energy needs, safety,
food and fiber production, mineral needs, and considerations of the
property ownership.
Pursuant to 33 C.F.R. 323.6, a determination that the project is not contrary to the public
interest must be achieved before permit issuance. Public interest considerations are listed
in 33 C.F.R. 320.4 (a)(1) and are discussed below.
Furthermore, the Corps regulations state that a permit will be granted unless the district
engineer determines that it would be contrary to the public interest.
The applicant has extensively evaluated these factors through the planning process and
believes that the proposed project is clearly not contrary to the public interest.
9.1 Conservation
The applicant proposes to preserve approximately 7,979 linear feet of
stream channel. These waters are ecologically important as cool water
streams, which flow into the White Oak Creek. These streams will be
preserved in perpetuity through the implementation of appropriate legal
and physical mechanisms (i.e. restrictive covenants).
The applicant will also preserve the functions and values of these streams
by establishing a 30 -foot upland buffer on both sides of the preserved
streams for a total of approximately 10.3 acres.
The location of these upland buffer and stream preservation areas will serve
to protect and preserve the function and value of the areas and maintain
suitable foraging, breeding and nesting habitat, and corridors for wildlife
species.
29

9.2 Economics
The project will provide an overall benefit to the local economy of Polk
County. During and upon completion of construction, the site will provide
job opportunities associated with operation and maintenance of the
facility. It is estimated that approximately 500 jobs have been created to
date. The appropriate economic evaluations have been completed and the
project as proposed is economically viable.
9.3 Aesthetics
Aesthetically, the proposed development will be no different from any
other amenity -based development in surrounding areas. The project is not
expected to diminish the aesthetic value of the area or cause disharmony
from an aerial or neighboring view.
9.4 General Environmental Concerns
Other than stream and wetland impacts, proposed development activities at
the project site will have no significant identifiable impacts upon other
environmental components.
9.5 Wetlands
The discharge of dredge and fill material has the potential to adversely
affect wetlands including wetland substrate, hydrology, and vegetation.
Discharges can lead to a loss of wetland values, such as wildlife habitat,
flood storage, and groundwater recharge. The discharge of fill material
will impact 0.02 acre of wetlands on site. Approximately 21.38 acres of
wetlands has been avoided; totaling 99.9% of total wetlands on site.
9.6 Historic Properties
A desktop review of the NRHP records maintained by the SHPO and
available on SHPO's HPOWEB GIS Service indicates one historic property
within 3 miles of the project site. The Green River Plantation (SHPO
#PL0003) is located approximately 2.6 miles from the TIEC. It is the
opinion of CEC, that the proposed activity, on the partially developed site,
is not likely to threaten the integrity of NRHP site. The SHPO will be
notified via Public Notice about the project and will be given the
opportunity to comment on the project and its potential effects on cultural
resources.
There is one cemetery present on site located on the knoll behind the
existing plantation house. Most cemeteries are not considered eligible for
the National Register, but they are protected by several North Carolina
General Statutes. In particular, GS 14 -148 and 14 -149 prohibit disturbing
graves, grave markers, or other items or materials erected or placed to
designate the place where any dead body is interred. The cemetery is
marked and protected by a stone wall that completely surrounds the
boundaries of the cemetery.
111

Public access to the cemetery will be provided with consent as required by
GS 65 -101. All visitors must be escorted to and from the cemetery
location. TEIC and its on -site representatives will require a minimum of
48 hours of notice to prepare for and provide access as noted. Access
without consent is not available.
9.7 Fish and Wildlife Values
Riparian and wetland areas provide habitat for many types of wildlife
because of their diverse and productive plant communities, complex
structure, and close proximity to surface water. Wildlife may be
permanent residents of riparian and wetland areas or occasional visitor that
use the areas for food, water, or temporary shelter.
Food availability varies with the type of vegetation in riparian and wetland
area, but includes fruit, seed, foliage, twigs, buds, insects, and other
invertebrates. Trees and shrub produce a variety of foods that are eaten by
many animals and may be especially important sources of nutrition during
the winter months. Grasses and herbaceous vegetation provide seeds and
forage both within riparian and wetland areas and along the forest border.
The stream environment provides moving water for many animals to
drink, feed, swim, and reproduce. Water is also available on the moist
vegetation and in wetlands that are often associated with riparian areas.
These areas, both permanent and temporary, are especially important for
amphibians and macro - invertebrates.
Riparian and wetland areas provide a sheltered environment for many
species of animals to feed, rest, and reproduce. Animals use these areas to
seek shelter from extreme weather and to escape predators and human
activity. Riparian and wetland areas may also provide important travel
corridors for some species, and are frequently used as stop -over points for
migratory birds.
Although impacts to these systems will occur at the TIEC, adequate
avoidance, minimization, and compensatory mitigation will compensate
for lost functions and values.
9.8 Flood Hazards
A portion of the property is located within the floodplains of White Oak
Creek. A floodplain map has been attached for review (Figure 7).
Overall, the proposed location of the equestrian center and residential
community has a minimal risk of flooding. A large portion of the golf
course adjacent to White Oak Creek is located within the floodplain and it
is expected that these area will flood occasionally. It is possible that other
tributaries on the property will flood occasionally due to natural
fluctuations in weather patterns that increase precipitation. TEIC will
31

work with Polk County to obtain the appropriate floodplain approvals for
development in a floodplain.
9.9 Floodvlain Values
Development of roads and some fairways will occur within the 100 -year
floodplain of White Oak Creek; however, no homes will be within the
floodplain areas (Figure 7). The majority of this floodplain is previously
impacted by the golf course which was constructed from 2005 -2008.
Because of these past land uses, floodplain values have been jeopardized
and compromised for many years. Development activities associated with
the development of the project site should not cause detriment to the
already diminished floodplain values of the site.
9.10 Land Use
The proposed project will be in compliance with local zoning regulations
and ordinances. The project is consistent with surrounding land use and
development.
9.11 Navigation
Streams on site include White Oak Creek and unnamed tributaries.
Unnamed tributaries within the TIEC project boundary are tributaries to
White Oak Creek. White Oak Creek is a tributary to the Green River.
The Green River is a tributary to the Broad River, which is a navigable -in-
fact water in South Carolina. Activities proposed at the development site
are not likely to affect navigation.
9.12 Shore Erosion and Accretion
The project should have minimal effects on erosion and runoff. An erosion
control plan will be implemented as part of the construction plan for the
project. During the construction process, best management practices
(BMPs) will be followed. These BMPs will include the construction of
swales, erosion and sediment control structures, turbidity barriers, and other
measures that will prevent sediment transport off the project site and into
adjacent waters. Activities proposed at the development site are not likely
to cause significant erosion or accretion.
9.13 Recreation
Proposed activities will not increase or decrease waterborne recreation on
site or in the project vicinity.
9.14 Water Suuply and Conservation
The public water supply will not increase or decrease due to proposed
activities at the development site. Potable water will be supplied by the
Polk County. Irrigation water for the golf course will be taken from one
of the existing ponds on site.
32

9.15 Water Oualitv ( Stormwater Management)
No short term or long term adverse water quality impacts are anticipated.
BMPs will be incorporated during construction. A stormwater
management plan was designed by Odom Engineering to satisfy the
current and future stormwater management needs of the TIEC. The storm
water management plan was approved by Ms. Annette Lucas of the DWR
on April 10, 2015. This plan includes the installation of 9 underground
BED'S and treats stormwater associated with the equestrian facility, sports
complex, hotel, RV park, and parking lots.
9.16 Enerev Needs
Activities taking place at the development site, during construction and at
full build out, are not expected to significantly increase energy demands
beyond the capacity of the local facility. Energy will not be produced as a
result of the proposed activities at the development site.
9.17 Safetv
The proposed project will be designed with the maximum possible
considerations for public safety. The proposed activities at the development
site will not increase or decrease public safety.
9.18 Food and Fiber Production
The proposed activities at the development site will not increase or
decrease food and fiber production.
9.19 Mineral Needs
The project fulfills no current mineral needs. No mining activities are
proposed as part of the proposed activities at the development site.
9.20 Considerations of Property Ownership
Tryon Equestrian Partners, LLC owns the property proposed for
development and has the inherent right to develop the land in a reasonable
and responsible manner, which includes adhering to all Federal, State, and
local regulations.
9.21 Needs and Welfare of the Public
The project will positively address the needs and welfare of the public by
providing recreational and residential facilities in Polk County, North
Carolina. Additional jobs will be created during construction and
operations of the facility in Polk County, North Carolina.
33

10.0 SECONDARY AND CUMULATIVE EFFECTS,
The proposed project site is located within the Broad River Subbasin 03- 08 -02.
Approximately 78 percent of this subbasin is forested and the total land mass includes
approximately 513 square miles (328,320 acres). The project area is comprised of
approximately 1,276 acres (2 square miles). All of the land mass included within the
project site accounts for less than 0.3 percent of the land mass of the basin. These
percentages alone, limit significant cumulative effects on the watershed. Past activities
within the subbasin include logging; agricultural, commercial and residential development;
and road building. Agricultural and residential development, and road building in the
vicinity remains active; continued and future development of the watershed is independent
of activities proposed at the project site. Impacts within the project boundary include the
installation of road crossings, completion of the equestrian center, completion of a golf
course, installation of utilities, and construction of all other associated infrastructure.
Stream and wetland impacts are necessary for the construction at the site. Activities
associated with the proposed project should not result in a significant impairment of the
water resources on site or interfere with the productivity and water quality of the existing
aquatic ecosystem.
34

11.0 SUMMARY
The development at the proposed project site includes a cumulative total of 1,463 linear
feet of stream impact and 0.02 acres of wetland impact. Alternatives have been discussed
and the project as proposed is the least damaging practical alternative which meets the
project purpose. Potential impacts to the physical and chemical characteristics of the
ecosystem, biological characteristic of the ecosystem, impacts on special aquatic sites,
and potential effects on human use characteristics will be minimal. The project is not
contrary to the public interest and will aid in the continued growth of Polk County.
35

Tryon International Equestrian Center (+/- 11276 AC)
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0 0.5 1 2
Property Boundary > Miles
Drawn by: RLN 05.1 ."1 ; CEC Project# 747
Polk County, CLearWater
Site Vicinity
North Carolina Figure 1
32 Clayton Street
Asheville, North Carolina 28801
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14
i
Legend iein4 1p��t` till` Fy
9 3
0 0.5 1 2
Property Boundary > Miles
Drawn by: RLN 05.1 ."1 ; CEC Project# 747
Polk County, CLearWater
Site Vicinity
North Carolina Figure 1
32 Clayton Street
Asheville, North Carolina 28801
n
i

Tryon International Equestrian Center ( +/- 1,276 AC)
f
• a_•
• � i 51
Lj t +.
WW �, Property Boundary
� I
• }
11 r !
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�
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Legend
0 0.25 0.5 1
Property Boundary Miles
►.. Drawn b LN 05. 12.15; CEC Project# 747 ` '
Polk County, CLear\Nater USGS Topographic Map
North Carolina Pea Ridge Quad
32 Clayton Street Figure 2
Asheville, North Carolina 28801

Tryon International Equestrian Center ( +/- 1,276 AC)
Legend
=
Property Boundary
Soils
BuB
Buncombe
CeB2
Cecil
ChA
Chewacla
hiffik
GrE
Grover
MaC2; MaD2
Madison
PbC2; PbD2
Pacolet- Bethlehem
RoF
Rion - Ashlar -Rock Outcrop
RtE
Rion- Clitfside
RvA
Riverview
SkB2
Skyuka
WeA
Wehadkee
Polk County,
North Carolina
a
M•
Property Boundary
0 0.25 0.5 1
Miles
CLearWater
32 Clayton Street
Asheville, North Carolina 28801
USDA Soils Map
Figure 3

Tryon International Equestrian Center ( +/- 1,276 AC)
=a hnriaw tnga
AJw q 2017 -QS2a2
Legend
cw.n Propeaw a" Plan
atr.«i. Pnson8a0n A. M4 wa r)
-- Unm Waft P apwtr aamdry
"err^°
opn YUar
Drawn by: RLN 06.22.15; CEC Projectil 747
Polk County,
North Carolina
�M�aa111Ct -eLL1 - --
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32 Clayton Street
Asheville, North Carolina 28801
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PROJECT DATA
TOTAL PROJECT AREA
JURISDICTIONAL WATERS OF THE US
Streams
Wetlands
Open Wooer
JURISDICTIONAL IMPACTS
Streams
Proposed Permanent Impacts
Proposed Temporary Impacts
Previously Pemutted Impacts
GRAND TOTAL
Wetlands
Proposed Permanent Impacts
Open Water
AVOIDANCE/MINIMIZATION
Streams
Wetlands
Open Water
MITIGATION
Streams
Mitigation Credits Required
Proposed Preservation
Proposed Preservation of Upland Buffer
(30-R wide)
Previously Mitigated
DMS
ta*aia 11rA :4W
NOW U04 3eL1 few*
O�
0
+/- 1,276 ac
66,132 If
21.40 ac
4.04 ac
909 If
150 If
405 If
1,4631f
0.02 ac
0 ac
64,669 If
21.39 ac
n/a
2,0461f
7,979 If
10.3 ac
2901f
1,0231f
0
0 1,000 2,000 4,000
Feet
Impact Map
Figure 4

HEADWALL \
IN V: 825.50
Reinforced Concrete Pipe
Pipe - (37)
91.00' of
48 inch Concrete Pipe
® 4.44%
EXISTING
CREEK
i
3' — �_-
SHOULDER
r,
t
O
/ - HEADWALL
o IN V: 821.50
o �
x�
IMPACT RC -1 PLAN VIEW.
SCALE: 1" = 40'
NEW CULVERT
TYPICAL PLAN VIEW
NOT TO SCALE
• VARIES
10'
10'
0.02 I 0.02
TYPICAL ROAD SECTION
NOT TO SCALE
V / V
o mol
;
ME
HEADWALL
830
—�— 3'
SHOULDER
820
3'
HEADWALL
NATURAL CREEK BED
Odom
Engineering
PLLC
152 East Main Street, Forest City, N.C. 28043
p6: 828.747.4495 fa:: 828.247.4498
NC FIRM#: P -0880
— - - I -- - — -- -- - - - -- - - - -- —
I '
- --
P\YI STA:
PVf $39r44
i
-7-.2 _ _ __
-L - - - - - - -
- - - - -�
7 I I I
I i
- -�� -i -I- iLOW PT V: 1838.32
- — +°P y
04 L
+ I
iI+ /
I 1 I IC.i
-- -- �� - -1 - - - -� - -� - - - -- --
_
100 3+00
IMPACT RC -1 PROFILE
HORIZONTAL SCALE: 1" = 40'
VERTICAL SCALE: 1" = 4'
IMPACTS
(INVERTS SHOWN REFLECT IMBEDDED PIPE RC1 91 LF
(Pipe - (37;
91.00' �>
1 481 inch C ncrpte
4+00 5+00
VIEW
CULVERTS LESS THAN 48 INCHES MUST BE
IMBEDDED 20% OF THE DIAMETER INTO THE STREAM
BED. CULVERT LARGER THAN 48 INCHES IN DIAMETER
MUST BE IMBEDDED 1 FOOT INTO THE STREAM BED.
SCALE: 1" = 40' DRAWN BY: JTP
TRYON INTERNATIONAL EQUESTRIAN CENTER
STREAM IMPACTS
STREAM IMPACTS RC1
DATE: 03/27/15 CHECKED BY: DWO
- PROJECT MGR: DWO
PROJECT NUMBER SHEET Figure 4A
14066 RC -1 A

HEADWALL
INV: 798.90
�� nA _ �.N RC2 &9
. fu - 110.00' of
36 inch Concrete Pipe
® 3.64%
IMPACT RC2
SCALE: 1 "
PLAN VIEW.
= 40'
r
INV: 792 50
EXISTING
CREEK HEADWALL
INEW CULVERT
3'
SHOULDER �� —� SHOULDER
TYPICAL PLAN VIEW
NOT TO SCALE
VARIES
3' 10' 10' 3'
HEADWALL
0.02 0.02
NATURAL CREEK ,BED
TYPICAL ROAD SECTION
NOT TO SCALE
Odom
Engineering
PLLC
152 East Main Street, Forest City, N.C. 28043
ph: 828.247.4495 fax: [phone]
NC FIRM #: P -0880
"*a
; f
:e•
- -- -- - -- PVI -3TA
PVI EUEV: 17_98.66 I _
Kt 5.176
I LVC, 150.00
T— - -1
r� f � c: LO i P� . STA 41,+
' +0 .2 LOW
- -4L - - --
— - --
LO ° PT �LEr: POD .95 + lyj
-- - -� I -� m- -- -t -- -- --- --T--�- -�- - -- �f- - --I - - --� - - --- --y - -- -- '-t ----
ui
` I f
Ii� I t
RZTL
i
f
T 11 .00' o �� 16D in h on�ete Pip e
36 -ir►c� - � - -- � � I 1�-8�% —�--
3 4 I I I I I
.S +UU
4 +00
IMPACT RC2 PROFILE VIEW.
HORIZONTAL SCALE: 1" = 40'
IMPACTS VERTICAL SCALE: 1" = 4'
RC2 -1 110 LF
RC2 -2 75 LF
5 +00
I CULVERTS LESS THAN 48 INCHES MUST BE
INVERTS SHOWN REFLECT IMBEDDED PIPE
IMBEDDED 20% OF THE DIAMETER INTO THE STREAM
BED. CULVERT LARGER THAN 48 INCHES IN DIAMETER
MUST BE IMBEDDED 1 FOOT INTO THE STREAM BED.
SCALE: 1" = 40' DRAWN BY: JTP
TRYON INTERNATIONAL EQUESTRIAN CENTER DATE: 03/27/15 CHECKED BY: DWO
STREAM IMPACTS
STREAM IMPACT RC2
PROJECT MGR: DWO
PROJECT NUMBER SHEET Figure 4B
14066 RC -2 A

r
Pip(4- (38)
4.00' of
72 inch Concrete Pipe
3.917.
HEADWALL
INV.- 771.00
I
\ 1
'DWALL
V: 768.50
IMPACT RC -3 PLAN VIEW
SCALE: 1" = 40'
EXISTING
CREEK
11�1��
3' -- l- -I
SHOULDER
NEW CULVERT
TYPICAL PLAN VIEW
NOT TO SCALE
VARIES
3' 10' 10'
0.02 0.02
TYPICAL ROAD SECTION
NOT TO SCALE
HEADWALL
` 3'
SHOULDER
3'
HEADWALL
NATURAL CREEK BED
Elm in,
Engineering
PLLC
152 East Maio Street, Forest City, N.C. 28043
p6: 828.247A495 hi: 828.247.4498
NC FIRM#.- P -0880
r r
800 f o\A cTA 44-06 r�
' 772.28 1 I
- - - -- - - - - -- - - - --
' i LVC 150.00 -� - -- ;- - ;- - -- - -1 - - -; - - i
i I 1
.' �; r"'• iLC P`r. 3TA: +19.73
- %aW-' i i - -- -
+I a00 I- -�- � 5 r— - I + m -' - -, - - -I -�
- -- ! - - -- 1-
Lj
790 I I`, �I i �� ! l l I l l , i l Urr I
r
1 0
io
770
760
Nin
Pipe - 138)
_.kp m'
72 inch Coicrete
4 +00
IMPACT RC -3 PROFILE VIEW
HORIZONTAL SCALE: 1" = 40'
VERTICAL SCALE: 1" = 4'
ills
5+00
i
i
1INVERTS SHOWN REFLECT IMBEDDED PIPE I
1 CULVERTS LESS THAN 48 INCHES MUST BE
IMPACTS IMBEDDED 207. OF THE DIAMETER INTO THE STREAM
BED. CULVERT LARGER THAN 48 INCHES IN DIAMETER
RC3 64 LF I MUST BE IMBEDDED 1 FOOT INTO THE STREAM BED.
TRYON INTERNATIONAL EQUESTRIAN CENTER
STREAM IMPACTS
STREAM IMPACT RC3
SCALE: 1" = 40' DRAWN BY. JTP
DATE: 03/27/15 CHECKED BY: DWO
PROJECT MGR: DWO
PROJECT NUMBER SHEET Figure 4C
14066 RC--3 A

EXISTING
CREEK
810
VI STAJ, 2+6141
P-M–ELEA -2----3W8-
K: '5.01
T
LOW; PI Ellfv:� 7 7.88
-4—
HEADWALL 4
INV: 781.50 Pipe – (41)
61.98' of
36 inch Co
fA ') A ') GY
31
INV. 780.00 HEADWALL
IMPACT RC-4 PLAN VIEW
SCALE: 1" 40'
SHOULDER
HEADWALL
NEW CULVERT
I3
SHOULDER
i-
TYPICAL PLAN VIEW,
NOT TO SCALE
VARIEF
10' 10,
0.02 in 0.02
TYPICAL ROAD SECTION
NOT TO SCALE
Odom
HEADWALL
NATURAL CREEK BED
M
ncrete Pipe
152 East Main Street, Forest City, N.C. 28043
ph: 829.247A495 fax: [phone]
NC FLRM#: P-0880
SCALE: 1" = 40' DRAWN BY: JTP
790
we]
to
0 >
J,
Pipl. – (41'
C )ncrelte% Pipe
42%
2+�00 3+00
IMPACT RC-4 PROFILE VIEW
HORIZONTAL SCALE: 1" 40'
VERTICAL SCALE: 1" 4'
INVERTS SHOWN REFLECT IMBEDDED PIPE CULVERTS LESS THAN 48 INCHES MUST BE
IMBEDDED 20% OF THE DIAMETER INTO THE STREAM
IMPACTS BED. CULVERT LARGER THAN 48 INCHES IN DIAMETER
RC4 62 LF MUST BE IMBEDDED 1 FOOT INTO THE STREAM BED.
Engineering
PLLC
STREAM IMPACT RC4
DATE: 03/27/15 CHECKED BY: DWO
TRYON INTERNATIONAL EQUESTRIAN CENTER
STREAM IMPACTS
PROJECT MGR: DWO
PROJECT NUMBER SHEET Figure 4D
14066 RC-4 A

RW�
RW
--- RW
--- RW _
\� RW
y /k
� HEAD ALL
INV.7 x.00
RC5
• W � G7 �1G
aw
w
® HEADW # C \
M/ INV- 77P
EXISTING
CREEK
72 inch Concrete Pipe
06.06%
IMPACT RC -5 PLAN VIEW
SCALE: 1" = 40'
3' -- I
SHOULDER
II
NEW CULVERT
TYPICAL PLAN VIEW
NOT TO SCALE
VARIES
10' 10'
0.02 1 0.02
TYPICAL ROAD SECTION
NOT TO SCALE
y�
HEADWALL
-- ----�- — 3'
SHOULDER
3' 1
HEADWALL
NATURAL CREEK BED
Odom
Engineering
PLLC
152 East Main Street, Forest City, N.C. 28043
ph: 828.247.4495 fax: [phone]
NC FIRM #: P -0880
M
790
no
770
�
- - —
I � i i i PVI �LEV� 7�5.6�
LVC: 150.00 I
- - - - ' L(7W PT. 1 ST14: 7 +59.5'
9.52 �I - -- - -- - --
-- --LOW ;PTA
E � � - -- -- , �.- -; - -- ' - - - -- - --
- - - -- . -- °,
lil � O I T -- - -�
I
:. "6 1 , f
-� — -�- - -� - -- -1
t
✓, II
57.75' c�
— �— 7y incii j L;d
D 6.06%
7 +00
8+00
IMPACT RC -5 PROFILE VIEW
HORIZONTAL SCALE: 1" = 40'
VERTICAL SCALE: 1" = 4'
INVERTS SHOWN REFLECT IMBEDDED PIPE
CULVERTS LESS THAN 48 INCHES MUST BE
IMPACTS IMBEDDED 20% OF THE DIAMETER INTO THE STREAM
BED. CULVERT LARGER THAN 48 INCHES IN DIAMETER
RC5 60 LF MUST BE IMBEDDED 1 FOOT INTO THE STREAM BED.
TRYON INTERNATIONAL EQUESTRIAN CENTER
STREAM IMPACTS
STREAM IMPACT RC5
SCALE: 1" = 40' DRAWN BY: JTP
DATE: 03/27/15 CHECKED BY: DWO
PROJECT MGR: DWO
PROJECT NUMBER SHEE Figure 4E
14066 RC -5 A

0
150 LF OF DUCTILE IRON
�,
_T08 �; > RIVER CROSSING PIPE
X. I S JvR IFIED ON PLANS)
COFFER DAM OF SAND BAGS
II
/ v y
NOTE:
COFFER DAM SHALL BE 2' HIGHER
25' MIN. �;-
";!
'
,` /•,
it
WIDTH O I K OR RIVER
I —III -
1= 1IrI -1
,,, -, ; •.,,� y ,
NOTE:
COFFER DAM SHALL BE 2' HIGHER
THAN ELEVATION OF WATER
�' i �" ' ' '
COCONUT STRAW MATTING
--12' MIN. -20' MAX. --
RIVER / CR9EK CROSSING
TYPICAL
&'M
1. EXCAVATE BANKS TO WATER LEVEL.
PLACE REMOVED MATERIAL BEHIND
SILT FENCE.
DEADMAN
PER DETAI LS
COCONUT STRAW
MATTING
5 " -0" MINIMUM
BOTTOM OF CR.
45' BEND
(Tyr)
ROD FITTINGS
TOGETHER (TYP)
330 LF' OF DUCTILE IRON PIPE MATH RESTRAINED JOINTS (MEGALUG OR EQUAL)
UNITS OF CREEK aroS9ao
2. INSTALL COFFER DAM.
5. INSTALL WATER MAIN.
4. REPEAT FROM OPPOSITE SIDE FOR
SECOND HALF OF PIPE INSTALLATION.
5. INSTALL COCONUT -TYPE DITCH MATTING
ALONG STREAM BANKS WITH CORRECT
SEEDING AS SPECIFIED BY NCDENR DLQ.
Odom
Engineering
PLLC
152 East Main Street, Forest City, N.C. 28043
ph: 828.247A4" tar: 828147.4498
NC FFRM#: P -0880
om RN
1110 MEMNIM
350 PST RATM
k RATED 175 PS
PAR USE ON t"WU WN PPE
MADE N 1W USA
TYPICAL RIVER CROSSING
NM 1n aCA"
TRYON INTERNATIONAL EQUESTRIAN CENTER
STREAM IMPACTS
STREAM IMPACT DETAIL
SCALE: N.T.S. DRAWN BY: JTP
DATE: 03/27/15 CHECKED BY: DWO
PROJECT MGR: DWO
PROJECT NUMBER SHEET Figure 4F
14066 DET -1 A
I

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW- 2013 -02262 County: Polk U.S.G.S. Quad: Pea Ridge
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Tryon Equestrian Pronerties, LLC / Attn: Jeff Brown
Address: 2659 Sandy Plains Road cf-C Pro t f. -141
1
Tryon, NC 28782
Telephone Number: 828 - 863 -2748 j ri3 tr,'
;J21tN i;!3r,{uii
Size (acres): 1,273 Nearest Town: Tryon
Nearest Waterway: White Oak Creek Coordinates: 35.274474 N, 82.055471 W
River Basin/ HUC: Upper Broad Watershed, Santee Basin; 03050105
Location description: Phase III of the Tryon International Equestrian Center is located south of Pea Ridge Road in,
Columbus, Polk County, NC.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there maybe wetlands on the above described property. We strongly suggest you have
this property inspected to'determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). if you wish, you may request
an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide
new information for further consideration by the Corps to reevaluate the JD.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.

_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management to determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Steve Kichefski at 828 -271 -7980, ext. 234 or
[e-mail].
C. Basis for Determination:
.a ;The, site '66hfains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the
Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont
•Region(version 2.0). These wetlands are adjacent to stream channels located on the property that exhibit indicators of
ordinary high water marks. The stream channel on'the property is an unnamed tributary (UT) to White Oak Creek
which flows into the Upper Broad Watershed, Santee Basin; 03050105 River. The UT to White Oak Creek flows to
the Atlantic Ocean via White Oak Creek, the Green River, the Broad River, the Congaree River and the Santeec River,
The Broad River is navigable -in -fact in South Carolina.
D. Remarks: This JD pertains to the areas depicted in the package received on December 4, 2014and updated
January,20, 2015. This area includes what was referred to as Phase III as shown on Figure 5: Phase 2 Boundary,
which was received with a permit application on November 15, 2013, and additional parcels. This project is related
to previous Action ID #'s: SAW- 2004 - 07414, SAW-2005-301 10, SAW - 2005- 30195, SAW- 2005- 32342, SAW -
2006- 32154, SAW- 2007 - 03798.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The del ineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303 -8801
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 May 4. 2015.
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
teve Kichefski
Issue Date of JD: March 6, 2015 Expiration Date: Five years from Issue Date

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
htto : / /reaulatorv.usacesurvev.com /.
Copy furnished:
Kevin Mitchell, Clearwater Environmental Consultants, Inc., 224 South Grove Street, Suite F, Hendersonville, NC 28792

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT ,
Action ID, 200630110, 200630195 County: Polk USGS Quad: Pea Ridve
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: White Oak Development Partners. LLC. Attn: Michael Carroll
Address: 2569 Sandy Plains Road
Tryon, NC 28782
Telephone No.:
Size and location of property (water body, road name /number, town, etc.): White Oak Plantation
development located on approx. 990 acre tract on Sandy Plains Rd- east of Columbus.
Description of projects area and activity: This permit authorizes stabilization of 4,613 LF of severely
eroded streambanks alone White Oak Creek mostly usinv bank sloping and vegetative plantinvs.
Some of the stabilization involves placement of rock especially at toe of slope. In addition, this,
permit authorizes construction of a small intake structure which will impact 10 LF of White Oak,
Creek.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 12,13
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions, the attached November 24, 2005 North Carolina Wildlife Resources Commission
conditions, and your submitted plans. Any violation of the attached conditions or deviation from your submitted
plans may subject the permittee to a stop work order, a restoration order and/or'appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWP's are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of the changes to the NWP's. We will issue a public notice when the NWP's are reissued. Furthermore, if
you commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals /permits.
- If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program,. please contact Steve Chapin at 828 - 271- 7980 x232.
Corps Regulatory Official Steve Chapin Date: December 5, 2005
Expiration Date of Verification: March 18. 2007

wATFRQG Michael F. Easley, Governor
William G. Ross Jr., Secretary
j r North Carolina Department of Environment and Natural Resources
'C Alan W. Klimek, P.E. Director
Division of Water Quality
December 5, 2005
DWQ Project # 05 -2049
, Polk County
Michael Carroll
White Oak Development Partners, LLC
2569 Sandy Plains Road
Tryon, NC 28782
Subject Property: White Oak Plantation
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Carroll:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 4,627 linear feet of streams for the
purpose of streambank stabilization at the subject properties, as described within your
application received by the N.C. Division of Water Quality (DWQ) on November 10,
2005. After reviewing your application, we have decided that the impacts are covered
by General Water Quality Certification Number(s) 2495 (GC3495). The Certifications)
allows you to use Nationwide Permit(s) 13 when issued by the US .Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including
(but not limited to) Erosion and Sediment Control, Non - discharge, stormwater and buffer
regulations. 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 or CAMA Permit.
This approval is for the purpose, but not necessarily the design, that you provided your
application. (Nothing in this approval should be interpreted as giving permission
to remove bedload material form the existing channel, nor allowing for the
construction of berms which would not allow the stream access to it's
floodplain.) If you change your project, you must notify us and you may be required to
send us a new application. If the property is sold, the new owner must be given a copy
of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
No ethCarolina
401 Wetlands Cerlification Unit ll�llCll)�l,/
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919 - 733 -1786 / FAX 919 - 733 -6893 1 Internet: httn: / /h2o.enr.state.nc.us /nmetlands

White Oak Plantation
Page 2 of 6
December 5, 2005
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:
f Amount Plan Location or Reference
Approved (Units)
Stream 50 (feet) Rotten Creek
2. Erosion & Sediment Control Practices
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:
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 Mining 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
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 Pre - Construction
Notification. 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.

White Oak Plantation
Page 3 of 6
December 5, 2005
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures 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.
5. 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 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699 -1650.
6. Construction in this creek and disturbance within a 25 -foot trout buffer, where
applicable, should be avoided during the January_1 to April 15 rainbow trout
spawning period to avoid adverse effects of sediment on eggs and larvae. However,
Wildlife Resources Commission will not object to construction to this sites during the
spawning period provided these projects are, to the extent appropriate and practical,
constructed by: (1) using flow diversion structures such as sand bags, (2) placing
large -sized rock toes and filter cloth backing for stabilization sites before backfilling,
and (3) excavating new channel alignments in dy areas. Construction at the other
non - "urgent and compelling" sites should not occur during the spawning period to
minimize the potential adverse effects of multiple construction activities on trout
resources in this creek.
7. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous
cover should occur on all bare soil within five (5) days of ground disturbing activities
to provide long -term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas. Matting should be secured in place with staples,
stakes, or, wherever possible, live stakes of native trees. Straw mulch and tall
fescue should not be used in riparian areas. In addition, because of an anticipated
difficulty in establishing ground cover during the winter, reseeding should be
conducted, as necessary, in the spring -time with a native annual and perennial seed
mix with a temporary nursery crop of wheat, millet or other grain.

White Oak Plantation
Page 4 of 6
December 5, 2005
8. Only clean, large, angular rock ( with sizes as verified through shear - stress analysis
), large woody material, or other natural stream design materials and techniques
should be used for bank stabilization. Rock should not be placed in the stream
channel in a manner that constricts stream flow or that will impede aquatic life
movements during low flow conditions. Filter cloth should be placed behind large
rock that is used for bank stabilization. Properly designed rock vanes should be
constructed wherever appropriate on bank stabilization and channel realignment
stream reaches to improve channel stability and to improve aquatic habitat. Root
wads should be installed low enough in the bank so that a significant portion (at least
one - third) the root wad is inundated during normal flows.
9. The channel should be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged from the stream
channel under authorization of this permit except, if necessary, in the immediate
vicinity of the eroding banks for the explicit purpose of anchoring stabilizing or
flow /grade control structures or for reestablishing the natural and more stable stream
channel dimensions. Stream bed materials are unstable in flowing -water situations
and are unsuitable for bank stabilization. In stream dredging has catastrophic effects
on aquatic life and disturbance of the natural form of the stream channel can cause
downstream erosion problems. The natural dimension, pattern, and profile of the
stream upstream and downstream of the permitted area should not be modified by
widening the stream channel or changing its depth.
10. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable stream bank areas in a natural condition. Grading and
backfilling should be minimized and tree and shrub growth should be retained where
possible to ensure long term availability of stream bank cover for aquatic life and
wildlife. Backfill materials should be obtained from upland sites except in cases
where excess stream bed materials are available. Berms should not be permitted
because they block the fioodplain, constrict and accelerate flood flows, and often fail
and sometimes impede drainage during large flood events.
11. Repairs to eroded banks should be conducted in a dry work area where possible.
Sandbags or other clean diversion structures should be used where possible to
minimize excavation in flowing water. Channel realignments should be constructed
by excavating the new channel from downstream to upstream before connecting it to
the old channel.
12. Heavy equipment should be operated from the .bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.
13. Disturbed stream banks and a 25 -foot vegetated zone must be restored along the
stabilization sites to natural riparian conditions with native trees and shrubs (e.g.,
silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black
willow, sycamore) to provide long -term bank stability and stream shading. Note,
silky dogwood, silky willow and black willow can be planted as live stakes collected
during the dormant growing season. Cuttings should be randomly planted on four
(4) foot centers from the waters edge to the top of the bank. Trees should be planted
on ten (10) to twelve (12) foot centers. Stream banks in these areas should also be
seeded with- a native annual and perennial seed mix with a temporary nursery crop
of wheat, millet or other grain.

White Oak Plantation
Page 5 of 6
December 5, 2005
14. If pasture along the stream is to be used for grazing, a fence must be constructed
outside of the riparian zone and the stream to prevent livestock from entering these
areas.
15. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non - erosive velocities through the protected riparian zones
such that it will not re- concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.
16. Riparian Zone Replanting
Replanting of vegetation within disturbed areas located within 25 feet of the
streambank associated with any land disturbing activity, repair, replacement
and /or maintenance must be done in a manner consistant with the Guidelines
for R��'ppa isr� Buffer Restoration immediately following construction. (Please
see attac�ed.)
17. Deed Restrictions
Deed restrictions or conservation easements shall be placed on all retained
jurisdictional wetlands, waters and protective woody riparian zones in order
to assure compliance for future wetland,, water and buffer impact. These
mechanisms shall be put in place prior to impacting any wetlands, waters and /or
buffers approved for impact under this Certification Approval and Authorization
Certificate.
18.Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
19. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures 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 or locally delegated program has released the project.

White Oak Plantation
Page 6 of 6
December 5, 2005
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and /or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150E of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699 -6714. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919- 733 -9721 or Mr. Kevin Barnett in the DWQ Asheville
Regional Office at 828 - 296 -4657.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Qulaity
AWK/khb
Enclosures: GC 3495
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Clement Riddle, Clearwater Environmental
224 South Grove Street,
Suite F
Hendersonville, NC 28792
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 05- 2049 .White0akPlantation.Approval

U.S. ARMY CORPS OF ENGINEERS CEC Project # G?
WILMINGTON DISTRICT Date Recieved
Action ID. SAW -2006 -32154 County: Polk USGS Quad: Landrum
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: White Oak Development Partners. LLC Attn: Michael Carroll
Address: 2569 Sandy Plains Road
Tryon, NC 28782
Size and location of property (water body, road name /number, town, etc.): The aroiect site is located
along White Oak Creek and unnamed tributaries to White Oak Creek, within the existing White,
Oak Plantation residential subdivision, on Sandy Plains Road, east of the town of Columbus, in,
Polls County. North Carolina.
Description of projects area and activity: This verification authorizes impacts to iurisdictional waters
of the U.S. in association with a proposed utility line installation to serve White Oak Plantation.
Impacts authorized total 0.008 acres of wetlands and 165 linear feet of stream bed for 12 temporary
stream crossinLys. This is a re- authorization of previously permitted, temporary impacts which,
expired on March I8, 2007.
ALL TEMPORARY CROSSINGSA30ACTS MUST BE RESTORED TO ORIGINAL
CONDITIONS AND CONTOURS DC%TEDIATELY FOLLOWING UTILITY LINE,
INSTALLATION.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 12
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance
with the attached conditions. conditions (1 -5 7. 9. and 10) outlined in the attached NCWRC letter dated
February 4. 2009 and Your submitted plans. Anv violation of the attached conditions or deviation from your,
submitted plans may subiect the permittee to a stop work order. a restoration order and /or appropriate legal
action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will, remain valid until - the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals /permits.
If. there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Liz Hair at 828 -271 -7980.

Corps Regulatory Official Liz Hair _ Date: February 17. 2009
Expiration Date of Verification: February 17.2011
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the attached customer Satisfaction Survey or visit
httu: / /,A w",. saw. usace .armv.mil /WETLANDS /index.btml to complete the survey online.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT CEC Project 4 J ( 1 q Ox
[�ate Recieved
Action ID. SAW 2006 -32154 Mod County: Polk USGS Quad: LanRrum
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: White Oak Development Partner's LLC Attn: Mr. Michael Carrroll
Address: 2569 Sandv Plains Road
Trvon, NC 28782
Size and location of property (water body, road name /number, town, etc.): The proiect is an existing
residential development of aDuroximately 990 acres located alone White Oak Creek, on Sandv
Plains Road.east of the town of Columbus, in Polk County, North Carolina.
Description of projects area and activity: This verification is a re- authorization with a modification to
the originally permitted 139 linear feet of impacts to unnamed tributaries to White Oak Creek for
road crossings. The applicant has impacted 75 linear feet of stream for authorized work in waters
of the U.S. by the orieinal permit in 2006. The applicant proposes to reduce total impact of the
proiect to 125 linear feet to unnamed tributaries to White Oak Creek. This verication thereby
authorizes 50 linear feet of impact to unnamed tributaries to White Oak Creek for culvert
installation to facilitate road construction for the White Oak Plantation development.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 29
Your work is authorized by the above referenced permit Provided it is accomplished in strict accordance
with the attached conditions and vour submitted Plans. Anv violation of the attached conditions or deviation
from vour submitted Plans may subiect the Permittee to a stop work order, a restoration order and /or
appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals /permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Liz Hair at 828 -271 -7 b.
Corps Regulatory Official _Liz Hair Date: November 14, 2008

Expiration Date of Verification: November 14, 2010
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the attached customer Satisfaction Survey or visit
httD:/ /www.saw.usace.armv.miVWETLANDS /index.html to complete the survey online.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW- 2006 - 32154 -375 County: Polk USGS Quad: Pea Ridge
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: White Oak Develoument Partners. LLC. Att'n: Michael Carroll
Address: 2569 Sandv Plains Road
Trvon, NC 28782
Telephone No.:
Size and location of property (water body, road name /number, town, etc.): White Oak Plantation
development located on Sandv Plains Road on an approx. 990 acre tract; east of Columbus
Description of projects area and activity: (1) Install 2 permanent culverted road crossings impactine
139 LF of UT's to White Oak Creek; (2) Install 12 temporary road crossings for temporary access
and to assist in installation of water and sewer lines on White Oak Cr. and unnamed tributaries: (3)
Install 12 subaaeous water or sewer lines on unnamed tributaries and on White Oak Creek. ALL
TEMPORARY CROSSINGS AND UTILITY LINE CROSSINGS MUST BE RESTORED TO
ORIGINAL CONDITIONS AND CONTOURS IMMEDIATELY FOLLOWING INSTALLATION
OF UTILITY LINES AND REMOVAL OF TEMPORARY CROSSINGS.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions, those conditions outlined in the enclosed NCWRC letter, and your submitted
plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to
a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and N VT.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals /permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Steve Chapin at 828 - 271- 7980 x224.
Corps Regulatory Official Steve Chapin Date: June 12, 2006
Expiration Date of Verification: March 18, 2007

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID_ 2013 -02262 County: Polk USGS Quad: NC- Pea Ridee
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Tryon Equestrian Partners, LLC / Attn: Jeff Brown
Address: 2659 Sandy Plains Road
Tryon, NC 28782
Telephone No.: 828 -863 -2749
Size and location of property (water body, road name /number, town, etc.): Phase 1 of the Tryon
International Equestrian Center is located south of the intersection of John Shehan Road and Pea
Ridge Road in Columbus, Polk County, NC. Coordinates are: 35.2838 N - 82.0713 W.
Description of projects area and activity: This verification authorizes permanent impacts to 290 LF
and 5 LF of temporary impact to stream channel for the construction of the first phase of an
equestrian center.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization Regional General Permit Number:
Nationwide Permit Number: 39
Additional Remarks and/or Special Permit Conditions:
1) In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory
Mitigation Responsibility Transfer Form. The requirements of this form, including any special
conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.
2) Based on previously submitted documentation and conversations, you have submitted the
current request for verification with the understanding that you will propose additional, unknown
impacts in the future for other phases of the Tryon International Equestrian Center. The
construction/presence of this phase of the Tryon International Equestrian Center (to which this
Nationwide Permit (NWP) verification letter pertains) will not affect our review of any future
proposed impacts. The presence of this phase of impact will not be an adequate justification for
future impacts (e.g., additional roads must be built in jurisdictional waters of the U.S. because the
location of this road necessitates the location of the other roads). We will examine any future
proposal to impact jurisdiction waters of the U.S. to ensure that you have avoided, minimized,
and /or mitigated for unavoidable impacts.
3) This project is related to previous Action ID #'s: SAW - 2004 - 07414, SAW - 2005 - 30110, SAW -
2005- 30195, SAW- 2005- 32342, SAW -2006- 32154, SAW- 2007 - 03798.
4) The JD associated with this verification pertains to the areas included within Phase I and H as
shown on Figure 5: Phase 2 Boundary, which was received with the application on November 15,
2013.
5) Please be advised that if additional impacts to waters of the U.S., either on this property or
on/adjacent to this property and associated with this project/activity, are proposed at a later date,
those impacts will be combined with the current impacts to waters of the U.S. and will be reviewed
cumulatively. Generally, compensatory mitigation will be required if individual or cumulative (i.e.,
past and present) losses or degradation of waters of the U.S. are greater than 150 linear feet of
perennial or intermittent stream channel and /or 0.1 acre of wetland. Additionally, cumulative

impacts that result in the loss or degradation of greater than 300 linear feet of perennial or
intermittent* stream channel, and /or 0.5 acre of wetland, will be processed under an Individual
Permit. This verification of the use of the Nationwide Permit Program for this project does not
imply that this office will necessarily approve any future proposal to impact waters of the U.S. on
this property and /or associated with this project/activity.
* The District Commander has the ability to waive the 300 linear foot limit for intermittent streams
on a case -by -case basis. All requests for waiver must be in writing and shall include rationale for
the request.
6) Please review the attached North Carolina Wildlife Resources Commission letter dated
December 10, 2013. These recommendations should be considered where practicable.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with
the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from
your submitted plans may subject the permittee to a stop work order, a restoration order and /or appropriate
legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. if, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements. You may also visit their website at: httT)://r)ortal.ncdenr.orc-,/web/wci/swD/ws/webscaDe
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals /permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Steve Official KicgDate: i at 828 - 271 -7980.
Corps Regulatory O _ Steve Ktchefskt December 23, 2013
Expiration Date of Verification: March 18, 2017
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
http:// ner2 .nwn.usace.armv.mil /,,urvev.htm] to complete the survey online.
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.

Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification_
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination:
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the
Interim Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and
Piedmont Region. These wetlands are adjacent to stream channels located on the property that exhibit indicators of
ordinary high water marks. The stream channels on the property are an unnamed tributary to White Oak Creek
which flows into the Upper Broad Watershed, Santee Basin, HUC: 03050105. The UT to White Oak Creek flows to
the Atlantic Ocean via White Oak Creek, the Green River, the Broad River, the Congaree River and the Santeee
River. The Broad River is navigable -in -fact in South Carolina.
Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for
the particular site identified in this request_ The delineation/determination may not be valid for the wetland
conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or
anticipate participation in USDA programs, you should request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Appeals Information: (This information applies only to approved jurisdictional determinations as indicated in
B and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331_
Enclosed you will find a request for appeal (RFA) form. If you request to appeal this determination you must
submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303 -8801
Phone: [phone]
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 within 60
days of the issue date below.
"It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence."
Co rp Regulatory e ulato Official: Steve-Kichefski
g ry
Issue Date: December 23, 2013
Expiration Date: Five years from Issue Date
Copy Furnished:
Paul Petitgout, Environmental Services, Inc, 9401 -C Southern Pine Boulevard, Charlotte, NC 28273

A,
F7ML12
CCDEWR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvada, III
Governor Director Secretary
February 17, 2014
DWR # 13 -1200
Polk County
Jeff Brown
Tryon Equestrian Partners, LLC
2659 Sandy Plains Road
Tryon, NC 28782
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Tryon International Equestrian Center — Phase I
Dear Mr. Brown:
In accordance with your application dated October 31, 2013 and additional information received on February
12, 2014, approval has been granted for the impacts listed in the table below. This approval requires you to
follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions
listed below.
Project impacts are covered by the attached Water Quality General Certification Number 3890 and the
conditions listed below. This certification is associated with the use of Nationwide Permit Number 39 once it is
issued to you by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply
with any other federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations.
IMPACTS APPROVED
The following impacts are hereby approved provided that all of the other specific and general conditions of the
Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental
impacts.
Type of Impact Amount Approved
Permanent
Stream 290 (linear feet)
ADDITIONAL CONDITIONS
1. This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of the Certification/Authorization. If you change
your project, you must notify the Division and you may be required to submit a new application package
Water Quality Regional Operations— Asheville Regional Office
2090 US Hwy 70, Swannarm, NC 28778
Phone: 828 - 29645001 FAX: 828 - 299 -7043
Internet hftpliportal.nodenr.org/web/wqMs
An Equal Opportunity 1 Afllrmative Action Employer

Tryon Equestrian Partners, LLC
February 17, 2014
Page 2 of 3
with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval
letter and General Certification (s) /Permit/Authorization and is responsible for complying with all
conditions.
2. The stormwater management plan for Phase I shall be approved by the Division before the stream
impacts associated with that phase may occur. Before any future permanent building, the corresponding
stormwater management plan as approved by the Division shall be constructed and operational.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within
sixty (60) calendar days.
A petition form may be obtained from the OAH at httn: / /www.ncoah.com/ or by calling the OAH Clerk's
Office at (919) 431 -3000 for information. A petition is considered filed when the original and one (1) copy
along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
Fed&, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

Tryon Equestrian Partners, LLC
February 17, 2014
Page 3 of 3
This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A
NCAC .0500. Please contact Chuck Cranford at 828 - 296 -4650 or chuck.cranford0mcdenr.9-ov if you have any
questions or concerns.
Sincerely, �..
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3890
Certificate of Completion
cc: Environmental Services, Inc. (via email)
Odom Engineering (via email)
USACE Asheville Regulatory Field Office (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G: 1WR\ WQ\ Polk1401s1Non- DOnTryonEquestrianCen ter\APRVL.02.14.14.doex

PWA
NICDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Division of Mitigation Services
June 24, 2015
Jeff Brown
Tryon Equestrian Partners, LLC
2659 Sandy Plains Road
Tryon, NC 28782
Project: Tryon International Equestrian Center
Donald R. van der Vaart
Secretary
Expiration of Acceptance: December 24, 2015
County: Polk
The purpose of this letter is to notify you that the NCDENR Division of Mitigation Services (DMS) is willing to accept payment for
compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this
decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies
as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the
DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations
associated with the proposed activity including G.S. § 143- 214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification /CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on
the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu
fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed at www.neeep.net.
Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation are
summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by
permitting agencies and may exceed the impact amounts shown below.
Cli Stream (feet) Wetlands (acres) I Buffer I Buffer II
River Basin Location (Sq. Ft.) (Sq. Ft.)
Cold Cool Warm I Riparian Non- Riparian Coastal Marsh
Impact Broad 03050105 0 4 561 I 0 I 0 1 0 0 I 0 I 0
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed
in accordance with the In -Lieu Fee Program instrument dated July 28, 2010.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information,
please contact Kelly Williams at (919) 707 -8915.
Sincerel ,
James. S nfill
Asset Management Supervisor
cc: Steve Kichefski, USACE- Asheville
Rebekah Newton, agent
1652 Mail Service Center, Raleigh, North Carolina 27699 -1652
Phone: 919 - 707 -8976! Internet: www.nceep.net
An Equal Opportuml 1 Affirmadve Act-on Employer - Made in part from recycle, paper