20131200 Ver 4_More Info Letter|_20160726

Water Resources
ENVERONVLNTAL QUALIFY
July 26, 2016
Tryon Equestrian Partners, LLC
Attn: Jeff Brown
2659 Sandy Plains Road
Tryon, NC 28782
Subject: REQUEST FOR ADDITIONAL INFORMATION
Tryon International Equestrian Center
Dear Mr. Brown:
PAT MCCRORY
("","o,
,"or
DONALD R. VAN DER VAART
�' , 1-, 01.1.
S. JAY ZIMMERMAN
DWR # 13-1200 V2
Polk County
On June 13, 2016, the Division of Water Resources (Division) received your request, dated June
10, 2016, to modify Individual Water Quality Certification #4047 issued for the subject project
by the Division on February 2, 2016. The Division has determined that your request is
incomplete and cannot be processed. The application is on -hold until all of the following
information is received:
1. Issuance of a water quality certification for a proposed project requires that existing
uses are not removed or degraded. On July 22, 2016, the Division issued a Notice of
Violation (NOV) for stream standard violations and failure to follow the conditions of the
certifications issued for the project. A site inspection revealed an undetermined length
of unnamed tributaries of White Oak Creek was impacted by sediment deposition, one
or potentially two unapproved impacts to surface waters, and failure to comply with
standard sediment and erosion control practices. Please provide a response as outlined
in the NOV.
The Division has the following comments regarding the new mitigation plan proposed by
the modification request. If you have any questions about the comments on the
mitigation plan, please contact Mac Haupt at 919-807-6476 or mac.hauptcamcdenr.gov.
a. If any of the proposed mitigation site is or was in pasture, treatment of fescue
and possibly ripping before planting should be added to the plan to help the
survival of bare root plants.
b. Installation of bank pins are proposed, but they are not necessary for this
project.
c. Specify that vegetation monitoring will at a minimum consist of 3 fixed plots.
However, the Division recommends 4 plots consisting of 2 fixed plots and 2
random plots.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Tryon Equestrian Partners, LLC
DWR# 13-1200 v4
Request for Additional Information
Page 2 of 2
d. Mapping of exotic vegetation, encroachments, and photograph stations should
be included on the monitoring annual plan view. This plan should identify
vegetation plot location and success, stream problem areas, areas of exotic
vegetation and any encroachments.
e. In the performance standards, the vegetation metric that no more than 15%
cover of exotic/invasive species should be lowered to 10%.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending three (3) copies of all of the above requested
information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC
27699-1617. 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 of this project will necessitate reapplication to the Division for approval,
including a complete application package and the appropriate fee.
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.
Please contact Andrew Moore at 828-296-4684 or [e-mail] or Jennifer
Burdette at 919-807-6364 or [e-mail] if you have any questions or
concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Clement Riddle, ClearWater Environmental Consultants, Inc., 32 Clayton Road,
Asheville, NC 28801
USACE Asheville Regulatory Field Office
DWR ARO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 131200V4TryonlntEquestrianCtr(Polk)_401_IC_Mod_Hold.docx