HomeMy WebLinkAbout20131200 Ver 3_More Info Requested_20150819AFl."A
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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
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