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HomeMy WebLinkAbout20131200 Ver 3_More Info Requested_20150819AFl."A 4�;rA IQ== AMMMM=W NCDENR North Cardiria Depatnent of Envjronrnent and Natu4 Resources Pat McCrory Governor August 19, 2015 Tryon Equestrian Partners, LLC Attn: Jeff Brown 2659 Sandy Plains Road Tryon, NC 28782 Subject: REQUEST FOR ADDITIONAL INFORIVIATIO Tryon International Equestrian ( i Donald R. van der, Vaarl Secre,tary Polk County On June 26, 2015, the Division of Water Resources (Division) received your application dated June 23, 2015, requesting an Individual Water Quality Certification from the Division for the subject project. A Public Notice was issued by the U.S. Army Corps of Engineers on July 7, 2015. The Division has determined that your application is incomplete and cannot be processed. The application is on-hold until all of the following information is received: Please provide more details regarding avoidance and minimization of stream impacts for this project. [15A NCAC 02H .0506(f) and (g)] a. On the Impact Map (Figure 4), several roads and cul-cle-sacs are depicted without lot lines. Provide a site plan with proposed lot layouts for these areas to demonstrate whether these lots are able to be developed without additional jurisdictional impacts, b. This Office believes that the farmettes on the site plan can be moved to the ridge top and reconfigured to avoid proposed stream impacts labeled on the site plan as Impacts El and E2 and potential secondary impacts to streams from fill slopes that are located immediately adjacent to stream channels in these areas. Revise the plans to avoid the impacts or provide a detailed explanation of why this plan for the activity cannot be practically accomplished, reduced or reconfigured to avoid impacts to these streams, c. Proposed impacts RC1 and RC2 include 3 stream crossings that all result in access to the same area. Provide a detailed explanation as to why RC2 is necessary when that area can be accessed using RCI. Dvis& orf Water Resources 401 & Buffei Pennifthnq Unit 16117 Mai[ S&Yv ce CeMer, Ra 6gh, Noqh CamNnzi 27699-1617 Loca6on: 512 r1. SaksbWy 7.a4, Raleigh, NMh Cardina 27604 Phonea 919-919-707 900M FAX: 919-807 64941 CLJMrne Service 1,877-62M748 lnieqneL www,ncwaterResources.wg An Equal Oppotunity ' Affirrm',Oive Action Finployer Made ri paO b� �e,,',,ydud p,',pe� Tryon Equestrian Partners, LLC DVVR# 13-1200 VtV Request for Additional Information Page 2 of 2 & Figures 4A, 413, 4C, and 4D depict the road crossings associated with impacts RC1, RC (110 -foot section), RC3, and RC4, respectively, crossing non-perpendicular angle other than 90 degrees) to the stream. RCI, RC2, and RC4 appear to be at angle greater than 115 degrees. Orienting the crossings perpendicular to the stream woul minimize impacts. Revise the plans to orient the crossings perpendicular to the strea • provide a detailed explanation as to why it is not possible to orient these crossing perpendicular to the stream channels. I e. Previously permitted road crossing impacts under Action ID 2006-32154 for White Oak Creek development resulted in two crossings at 35 and 40 feet of impact according to Impact Map Figure 4. Proposed new road crossing impacts range from 60-110 feet per crossing. Provide a detailed explanation of why this plan for the activity cannot be practically accomplished, reduced or reconfigured to better minimize disturbance to the streams or revise the plans to minimize the impacts. It appears that a significant amount • fill is proposed over proposed impacts RC1 and •C-2 (110 -foot section) resulting in additional, avoidable impacts. Provide a detailed explanation as to why this much fill is necessary and whether other construction methods could be employed at these two crossings that would minimize impacts. It is not clear from the application what is proposed with respect to impacts El and E2 as no details or description are provided. Additional description • proposed impacts El and E2 is needed, including specific detail with respect to the development of bridle paths and impact El, along with a more detailed discussion • avoidance and minimization for these impacts. 2. The mitigation plan may be proposed in phases to correspond with construction phases, You have indicated that you are making payment to DMS for Phase 1 and making payment • DIVIS • other approved mitigation bank for Phase 2. Documentation was provided for Phase 1. Provide documentation from an appropriate mitigation bank or DMS indicating their willingness • accept your request to purchase 462 stream credits to mitigation for the proposed impacts in Phase 2. [15A NCAC 02H .0502(h)] 3. Division staff conducted a site visit on August 11, 2015 and found sediment in the stream channel at impact El from construction of the first phase of the project. Provide a cleanup plan and explain how sediment will be prevented from entering streams during construction of the project. [15A NCAC 02B .0211(12)) 4. At full build out, including residences, will the built upon area exceed 24% impervious for the entire site, or for any individual drainage area? [15A NCAC 1 2H .0506(b)(5) and (c)(g Tryon Equestrian Partners, LLC DWR# 13-1200 VV Request for Additional information Page 3 of 3 Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the proper consideration • the application. If all of the requested information is not received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return • this project will fteikohe Division for a.O]Xroval. includinL4=a and the appropriate fee. ease resoiona in ITrItin-VIrTi. ITT ol *f all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Servic-'- C-enter, Raleigh, NC 27699-1617, Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code, concerns. Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Unit Ummfi- of USACE Asheville Regulatory Field Office DWR ARO 401 file DWR 401 & Buffer Permitting Unit file I