20131200 Ver 4_Notice of Violation_20160722

Burdette, Jennifer a
From:
Sent:
To:
Cc:
Subject:
Attachments:
From: Moore, Andrew W
Moore, Andrew W
Friday, July 22, 2016 10:58 AM
'[e-mail]'
Wayne Watkins; Burdette, Jennifer a; Price, Zan (George); Kichefski, Steven L SAW
(Steven. L. Kichefski @usace.army.mi1); Aiken, Stan E; Riddle, Shawna
RE: Notice of Violation NOV-2016-PC-0306, Tryon International Equestrian Center
(TIEC), Polk County
NOV-2016-PC-0306.7-22-16.pdf
Sent: Friday, July 22, 2016 10:23 AM
To: 'davidodom@odomengi nee ring.com' <davidodom@odomenginee ring.com>
Cc: 'Wayne Watkins' <wayne@odomengi nee ring.com>; Burdette, Jennifer a <[e-mail]>; Price, Zan
(George) <[e-mail]>; Kichefski, Steven L SAW (Steven. L. Kichefski @usace.army.mi1)
<Steven. L. Kichefski @usace.army.miI>; Aiken, Stan E <[e-mail]>; Riddle, Shawna
<[e-mail]>
Subject: Notice of Violation NOV-2016-PC-0306, Tryon International Equestrian Center (TIEC), Polk County
David,
See attached Notice of Violation going out today.
The Division requests that you organize a meeting to discuss the subject Notice of Violation and the ongoing sediment and
erosion control issues at the facility. The meeting should include representatives from your engineering firm, TIEC, the
grading company, DWR, and DEMLR. We request that the meeting occur by August 12, 2016.
Feel free to contact me if you have any questions.
Andrew W. Moore, P.G.
Environmental Specialist —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4684 office
email: Andrew.W.Moorep_ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
Email corretil'.Jol?"'{,ence to and ii`orn thio; a('{"'{I`ess o; sutJ ect to t1he
P,Iodhl Carolina Public Records L w and 1`Y7ay be dl`ii:'losed to thloi d I'.'s'ai{`fes,

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WaterResources
ENVIRONMENTAL. QUALITY
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Daector
July 22, 2016
CERTIFIED MAIL 7012 1010 0002 1965 7376
RETURN RECEIPT REQUESTED
Tryon Equestrian Partners, LLC
Attn: Jeff Brown
2569 Sandy Plains Road
Tryon, NC 28782
CERTIFFED MAIL 7012 1520 0003 5463 0332
RETURN RECEIPT REQUESTED
Clary Hood Inc.
Attn: Tom Addley
150 Conway Black Road
Spartanburg, SC 29301
Subject: NOTICE OF VIOLATION
and RECOMMENDATION FOR ENFORCEMENT
NOV-2016-PC-0306
Stream Standard Violation -- Other Waste (In -stream sediment)
401 Water Quality Certification (WQC) Conditions
Polk County
Required Response Date: August 5, 2016
Dear Mr. Brown and Mr. Addley:
On July 12, 2016, Andrew Moore from the Asheville Regional Office (ARO) of the Division of
Water Resources (DWR) conducted a site inspection of the Tryon International Equestrian Center
(TIEC) in Polk County. The site inspection was initiated in response to a complaint alleging
excessive turbidity in White Oak Creek..
Stream standard and 401 Water Quality Certification (WQC) violations were noted during the
inspection and file review. Sediment impacts to unnamed tributaries of White Oak Creek (Class
C) were documented.
As a result of the site inspection, the following violations were identified:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Hwy 70 1 Swannanoa, North Carohna 28778
828 296 4590

Tryon Equestrian Partners, LLC
July 22, 2016
Page 2 of 5
VIOLATIONS
I. Other Waste (In -Stream Sediment) —15A NCAC 02B .0211 (12) — An undetermined
length of unnamed tributaries of White Oak Creek (Class C) was impacted by sediment
deposition measured up to 11 inches in depth in pools within stream reaches. Title 15A
North Carolina Administrative Code 02B ,0211 (12) requires that "Oils; deleterious
substances; colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation or to aquatic life and wildlife or adversely
affect the palatability of fish, aesthetic quality or impair the waters for any designated
uses;"
II. 401 WQC Condition Violation — Tryon Equestrian Partners, LLC submitted a Pre -
Construction (PCN) dated October 31, 2013. The impacts were requested under U.S.
Army Corps of Engineers Nationwide Permit 39, and the corresponding General Water
Quality Certification 3890. DWR issued an approval letter for the impacts on February
17, 2014. Tryon Equestrian Partners, LLC also submitted an Individual Permit
Application for a U.S. Army Corps of Engineers Section 404 Permit and a North Carolina
Individual 401 Water Quality Certification dated June 2015. DWR issued an approval
letter for the impacts on February 2, 2015.
Both approval letters specify that the activities must follow the conditions listed in the
corresponding Water Quality Certification, as well as additional conditions listed in the
letter.
Accordingly, the following observation and/or permit condition violations were noted
during the DWR inspection and subsequent file review:
1. No impacts Beyond those Authorized in the Written Approval of Beyond the
Threshold of Use of the Certification.
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 PCN, as
authorized in the written approval from the Division or beyond the thresholds
established for use of the Certification without written authorization, including
incidental impacts. 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.
In addition to the in -stream sediment documented as an impact beyond those
authorized in the written approval, the following were also observed:

Tryon Equestrian Partners, LLC
July 22, 2016
Page 3 of 5
a. A large boulder was observed to have been intentionally placed
within an unnamed tributary of White Oak Creek. A review of the
file indicates this is an unapproved impact.
b. A settling basin with two gravel and rip rap check dams was
observed within a valley up -gradient of a jurisdictional perennial
stream and downgradient of an jurisdictional intermittent stream
reach. It was not clear at the time of the inspection whether the
basin and check dams were in jurisdictional waters.
2. Standard Erosion and 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.
REQUIRED RESPONSE
Accordingly, you are directed to respond to this letter in writing by August 5, 2016. Your response
should be sent to this office at the footer address or via email to [e-mail]
and include the following:
1. Stream Standard — Other Waste (In -Stream Sediment)
a. Evaluate all streams on site and downstream for unpermitted impacts. Provide a
map of the project area and impacted areas downstream detailing all unpermitted
impacts.
b. Submit a Sediment Removal Plan (Plan) to this office for review and approval.
The Plan must address removal of accumulated sediment from all surface waters.
Sediment impacts to the streams on-site and downstream of the site must be
removed. You must secure and environmental consultant experienced in stream
restoration to assist you with developing your Plan, and obtaining any necessary
approvals. It is recommended that your consultant contact Andrew Moore of the
Asheville Regional Office for additional guidance during Plan development. The
Plan should include:
• A narrative explaining how sediment will be removed including
techniques, manpower and tools to be used.
■ A proposed schedule with dates that indicate when you expect to begin
and complete the removal of sediment.
• A diagram of all impacted stream channels, referenced with photo
documentation of sediment impacts before and after removal.
• A narrative explaining how and where the removed sediment will be
disposed and stabilized.
• A narrative explaining how turbidity standards will not be exceeded.

Tryon Equestrian Partners, LLC
July 22, 2016
Page 4 of 5
c. Once the work is complete, a final report documenting the results of the sediment
removal activities should be submitted to Andrew Moore.
2. 401 Water Quality Certification Condition Violation
a. Please provide an explanation as to why the project has not been maintained in
compliance with the Certification and the specific steps you plan to take to return
the site to compliance with the Certification. Specifically address:
i. The unpermitted boulder placed with the unnamed tributary of White Oak
Creek.
ii. Please confirm using GPS that the gravel and rip rap check dams placed
within the valley between two jurisdictional features are not located within
jurisdictional features and that none of the rip rap and gravel has migrated
into jurisdictional waters.
iii. Please coordinate with the North Carolina Division of Energy, Mineral,
and Land Resources to bring the sediment and erosion control measures
into compliance to prevent additional water quality violations.
Once the work is complete, a final report documenting the results of the sediment removal
activities should be submitted to Andrew Moore.
Thank you for your attention to this matter. This office requires that the violations, as detailed
above, be abated immediately and properly resolved. Environmental damage and/or failure to
secure proper authorizations have been documented on the subject tract as stated above. Your
efforts to undertake actions to bring the subject site back into compliance is not an admission,
rather it is an action that must be taken in order to begin to resolve ongoing environmental issues.

Tryon Equestrian Partners, LLC
July 22, 2016
Page 5 of 5
Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil
penalty assessment of up to a maximum $25,000.00 per day for each violation. Your above-
mentioned response to this correspondence, the degree and extent of harm to the environment,
and the duration and gravity of the violation(s) will be considered in any civil penalty assessment
process that may occur. Should you have any questions regarding these matters, please contact
Andrew Moore at [phone] or [e-mail].
Sincerely,
G, Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Karen Higgins — 401 & Buffer Permitting Unit
Jennifer Burdette — 401 & Buffer Permitting Unit (via email)
David Odom — Odom Engineering, Inc. (via email)
Wayne Watkins — Odom Engineering, Inc. (via email)
Steve Kichefski — US Army Corps of Engineers (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
Shawna Riddle — Division of Energy, Mineral, and Land Resources (via email)
ARO file
Polk County Planning
0:IWRIWQTolk1401s\Non-DOnTryonEquestrianCenter12016 NOV\NOV-2015-PO-0306.7-22-15.doex