20131200 Ver 4_NOV Response_20160801

earWaLer
July 28, 2016
Mr. Andrew Moore
NC Division of Water Resources
2090 US Highway 70
Swannanoa, North Carolina 28778
FILE COpy
RE: Notice of Violation and Recommendation for Enforcement
Tryon Equestrian Partners, LLC
DWR Project # NOV-2016-PC-00306
Polk County, North Carolina
Dear Mr. Moore,
Please reference the "Notice of Violation" (NOV) letter dated July 22, 2016 (Attachment A)
sent by the NC Division of Water Resources (DWR) in response to a site visit conducted on
July 12, 2016. The subject property is owned by Tryon Equestrian Partners, LLC and is
located in Polk County, North Carolina (Figure 1). The NOV cites sediment impacts to
unnamed tributaries of White Oak Creek. The NOV requires responses to several listed
concerns. The DWR concerns are addressed below.
Required Response la.: "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."
C1earWater Environmental Consultants, Inc. (CEC) conducted a site visit on July 25,
2016. During this visit, streams located within areas of active site development were
evaluated for unpermitted sediment impacts. CEC identified unauthorized sediment
deposition within six unnamed tributaries of White Oak Creek. An In -Stream
Sediment Removal Overview Map depicting these stream locations is included as
Figure 2.
Required Response lb, bullet 1.: "A narrative explaining how sediment will be removed
including techniques, manpower, and tools to be used. "
Sediment will be removed from the six unnamed tributaries by hand via the use of
shovels and buckets. Sediment removal will begin at the upstream ends of each
stream reach and progress downstream. The total number of buckets will be recorded
to estimate the amount of sediment removed from each stream channel. Sediment
removed from the channels will be relocated to upland locations approximately 30
feet from jurisdictional water.

Mr. Andrew Moore
July 28, 2016
Page 2 of 3
CEC will be available on site to provide oversight during the sediment removal
process.
Required Response lb, bullet 2.: "A proposed schedule with dates that indicate when you
expect to begin and complete the removal of sediment. "
Sediment removal efforts, utilizing the aforementioned techniques, were initiated on
July 26, 2016 by Clary Hood Contractors. At that time, a twelve person crew began
removing sediment from Streams KA and KB (Figure 2). Once remediation within
these tributaries is complete, sediment removal activities will continue in an eastward
progression to target the remaining impacted streams. It is anticipated that sediment
removal from all six affected tributaries will be complete by August 12, 2016.
Required Response lb, bullet 3.: "A diagram of all impacted stream channels, referenced
with photo documentation of sediment impacts before and after removal. "
Impacted stream channels and general photo locations have been identified on the
attached In -Stream Sediment Removal Overview Map (Figure 2). Representative
"before" photographs are included in Attachment B. Photographs depicting post -
sediment removal conditions will be included within the final report.
Required Response lb, bullet 4.: "A narrative explaining how and where the removed
sediment will be disposed and stabilized. "
Sediment removed from the unnamed tributaries will be transported by bucket and
relocated to upland disposal sites located at least 30 feet from jurisdictional water.
Sediment will be contained by a silt fence perimeter and a layer of pine straw will be
applied to all sediment spoil piles.
Required Response Ib, bullet 5.: "A narrative explaining how turbidity standards will not be
exceeded. "
CEC proposes the installation of a temporary stone check dam within Stream KD
(Figure 2). This check dam would trap sediment deposition resulting from upslope
construction and prevent additional sediment from transporting to areas of Stream
KD that are not permitted for impact. This measure would be maintained throughout
the project and be removed once Tryon Equestrian completes the authorized stream
impacts associated with the 404/401 permits.
The existing stone and gravel check dams located upslope from Stream KC will be
cleaned and maintained to prevent the migration of sediment downslope to the stream
channel as well.
Tryon will install a temporary coir check dam near the confluence of Stream KD and
White Oak Creek and at the lowest downstream point on Stream KE. The check
dams placed in the unnamed tributaries would trap re -suspended sediment for
removal at the end of the project.

Mr. Andrew Moore
July 28, 2016
Page 3 of 3
Required Response 2a, i.: "Ae unpermitted boulder placed within the unnamed tributary of
White Oak Creek. "
Clary Hood Conti -actors will remove the unpermitted boulder placed within Stream
KD during the sediment removal process.
Required Response 2a, ii.: "Please confirm 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. "
CEC collected GPS points on the gravel and 6p rap check dams during the July 25,
2016 site evaluation. These points are reflected on the attached In -Stream Sediment
Removal Overview Map (Figure 2). The referenced check dams are not located
within a jurisdictional feature. No rip rap or gravel was observed downslope within
jurisdictional waters, however, one to three inches of sediment accumulation was
identified within Stream KC.
Required Response 2a, ii.: "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. "
Odom Engineering and Clary Hood Contractors are working on the sediment and
erosion control BMPs, and this work should be completed by July 29, 2016. Odom
Engineering will be in communication directly with the North Carolina Division of
Energy, Mineral, and Land Resources to schedule a site visit and inspection.
Please do not hesitate to contact me at 828-698-9800 if you have any questions or comments.
Sincerely,
A1111
Xaylie A.
Biologist
Cc: Ms. Jenifer Burdette, NCDWR
Mr. Steve Kicbefski; Corps of Enmigeers
Clement Riddle, P.W.S.
Principal

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Stream KB, Flags 1-5
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Photos 3-4 Stream KA, Flags 1-26-, .-
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Legend
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In -Stream Sediment (+/- 3,793 Total LF )
Permitted Stream Impact (+/- 432 LF)
Stream
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Polk County,
North Carolina
Tryon Equestrian Partners, LLC
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Figure 2

WaterResources
ENVIROHMNYAL QUAt f Y
July 22, 2016
CERTIKED MAIL 7012 1010 0002 1965 7376
RETURN RECEIPT REQUESTED
Tryon Equestrian Partners, LLC
Attn: Jeff Brown
2569 Sandy Plains Road
Tryon, NC 28782
CERTIFIED MAIL 7012 1520 6003 5463 0332
RETURN RECEIPT M-UESTED
Clary Hood Inc.
Attn: Tom Addley
150 Conway Black Road
Spartanburg, SC 29301
PAT MCCRORY
Co'mflt
DONALD R, VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Dwav,
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 (DVvrR) conducted a site inspection of the Tryon International Equestrian Center
(TIEC) in Polk County. The Site inSPCCtiOD was initiated in response to a complaint alleging
excessive turbidity in White Oak Creek..
Stream standard and 401 Water Quality Certification (WQC) violations were Doted 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:
Srtc of North Camhu I EtiviTol=tMal QuAty I Wa= Rraouf=
u.S, P., -y 7() 1 S,ti-mnianoti, North Caruana 2817F
U 796 4540

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. Tide 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 lffie and wildlife or adversely
affect the palatability of fish, aesthetic quality or impair the waters for any designated
uses;"
11. 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 2,2016.
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:

Tryur) Equestriati 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 darns 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.
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Accordingly, you are directed to respond to this letter in writing by August S, 2016. Your response
should be sent to this office at the footer address or via email to Andrew.W.Moore@nc;dcnr.g0
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 stream 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 Eauestrian Pamicrq, 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. 'fhe 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. Energy, Mineral,
iii. Please coordinate with the North Carolina Division of
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
ctions 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 RquesLrian Partners, LL.0
July 22, 2016
Page 5 of 5
Pursuant to G.S. 143-215.6A, these violations and ally future violations are subject to a civil
penalty altv 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 Andrew. W.MoLorc@ cderingov.
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:\WkIWQ\I)olk1401sXNon-L)OT1TryonEqucstrianCcntcr\2016 NOVVNOV-2016-?C-0306,7-22-16,docx

Representative i +1 i 1
(Dated July 25 & 261 2016

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