20131200 Ver 4_More Info Received_20160901

Burdette, Jennifer a
From:
Clement Riddle <[e-mail]>
Sent:
Thursday, September 01, 2016 4:01 PM
To:
Burdette, Jennifer a; Moore, Andrew W
Cc:
Rebekah Reid; Higgins, Karen
Subject:
RE: NOV-2016-PC-0306, Tryon Equestrian Partners, LLC, and 401
Attachments:
TIEC RESPONSE LETTER.PDF
Jennifer,
Here is a copy of the letter that was submitted to Tom Reeder on august 17t". Please let me know if you need any
additional information. Thank you.
Clement
From: Burdette, Jennifer a[mailto:[e-mail]]
Sent: Thursday, September 01, 2016 3:45 PM
To: Clement Riddle. Moore, Andrew W
Cc: Rebekah Reid; Higgins, Karen
Subject: Re: NOV-2016-PC-0306, Tryon Equestrian Partners, LLC, and 401
Clement,
Thanks for the update. I also need a summary of the specific changes to the sediment and erosion control plan
that were made to prevent future sediment releases and copy of documentation from DEMLR approving the
revised plan.
Thanks,
Jennifer
Jennifer Burdette
401/Buffer Coordinator
DEQ - Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
919-807-6364
(Physical Address: Archdale Building, 9th Floor, 512 N
Salisbury St, Raleigh, NC 27604)
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From: Clement Riddle <[e-mail]>
Sent: Thursday, September 1, 2016 2:05:32 PM
To: Moore, Andrew W; Burdette, Jennifer a
Cc: [e-mail]
Subject: NOV-2016-PC-0306, Tryon Equestrian Partners, LLC, and 401
1

Jennifer,
Andrew Moore and I completed our inspection of the required sediment removal activities associated with DWR NOV
2016 -PC -0306 at the Tryon Equestrian Center. It is my understanding that he will be releasing this NOV as the site is back
in compliance. Please let us know if you have any additional outstanding issues regarding our application to revise the
401 certification.
Thank you,
Clement
fflz=11�
32 Clayton Street
Asheville, NC 28801
Office: 828-698-9800
Mobile: [phone]
clement(cDcwenv.com
WWW.CWENV.COM
From: Clement Riddle
Sent: Monday, August 22, 2016 3:35 PM
To: 'Moore, Andrew W'
Subject: RE: NOV-2016-PC-0306, Tryon Equestrian Partners, LLC, Required Response (Digital Copy)
Andrew,
Understood. Please keep us in mind if this Friday becomes available. Thursday September 1st would be the next best
option.
Clement
From: Moore, Andrew W[mailto:andrew.w.mooreCa)ncdenr.aov]
Sent: Monday, August 22, 2016 3:31 PM
To: Clement Riddle
Subject: RE: NOV-2016-PC-0306, Tryon Equestrian Partners, LLC, Required Response (Digital Copy)
Clement,
Thank you for the follow up. I likely won't be available this Friday. My next availability would be August 31, 1, or 2. If my
Friday opens up I will let you know. Otherwise, let's plan on the 31st -2nd Are any of those days better for you?
Andrew
From: Clement Riddle [mailto:[e-mail]]
Sent: Monday, August 22, 2016 12:26 PM
To: Moore, Andrew W <[e-mail]>
Subject: RE: NOV-2016-PC-0306, Tryon Equestrian Partners, LLC, Required Response (Digital Copy)
Andrew,

I am following up with you regarding Tryon Equestrian (TIEC) sediment removal . Last Thursday afternoon, TIEC installed
matting on the old Roadbed adjacent to the stream ford. The road has also been blocked off by the installation of silt
fence across the road on both sides. Grass has started to come up through the matting as of Monday the 22nd.
Sediment removal from the stream began Friday and has continued through this morning. In my opinion the issues
observed during our Thursday site visit have been addressed. We would like to request a site visit with you this Friday
morning, if possible. Thank you for your help in this matter.
Clement
From: Kaylie Yankura [mailto:[e-mail]]
Sent: Thursday, July 28, 2016 12:21 PM
To: Moore, Andrew W <[e-mail]>
Cc: Clement Riddle <[e-mail]>
Subject: NOV-2016-PC-0306, Tryon Equestrian Partners, LLC, Required Response (Digital Copy)
Andrew,
Please see the attached Tryon Equestrian Partners, LLC NOV-2016-PC-0306 Response letter. A hard copy is in the mail as
well.
Please contact me if you have any questions or concerns.
Thanks,
Kaylie Yankura
32 Clayton Street
Asheville, NC 28801
Office: 828-698-9800
Mobile: [phone]
kaylie(ccwenv.com

August 17, 2016
152 East blain Street • Forest City" N('- 28043
Phone [phone] Fax [phone]
North Carolina Department of Environmental Quality
Attn: Mr. Tom Reeder, Assistant Secretary for Environment
NCDEQ Administration
1601 Mail Service Center
Raleigh, NC 27699-1601
Response to Notice of Violation (NOV-2016-PC-0306) and Notices of Violation of the Sediment
Pollution Control Act— Tryon International Equestrian Center.
Dear Mr. Reeder,
On behalf of Tryon International Equestrian Center and as requested we offer the following
information and response concerning corrective action related to the Notice of Violations dated,
July 22, 2016 issued by the Division of Water Resources and the Division of Energy, Mineral
and Land Resources dated, July 26, 2016.
Since the date of inspections on July 12, 2.016 and July 13, 2016 by representatives of the
respective Divisions all efforts have been directed toward protection of the natural resources and
implementation of additional erosion and sedimentation control measures throughout the project
areas. Additionally, the required stream restoration efforts have been completed and inspection
by the Division is anticipated this week. With regard to specific erosion and sedimentation
control practices implemented to provide greater resource protection and prevent sediment from
entering watercourses in the future we offer the following narrative of corrective action.
Project wide stabilization of disturbed surfaces has been accomplished by temporary seeding
practices and the addition of straw mulch to stabilize areas that are currently under construction
but temporarily on hold due to the Notice of Violation requirements. Areas that have been graded
and are complete to the point of providing permanent vegetative groundcover have been seeded,
mulched and covered with rolled erosion control products or is some cases have been sodded.
Perimeter erosion control measures have been strengthened with the addition of super sediment
fence in new areas and the protective addition of permanent turf reinforcement matting in areas
of sensitive storm water conveyance. Existing erosion control devices have been maintained and
restored to working condition project wide.
Particular attention has been given to the control of stormwater for certain project areas that have
progressed to an intermediate phase of construction beyond grading but prior to final installation

Mr. Torn Reeder, Assistant Secretary of Environment
August 17, 2016
of permanent stormwater management facilities. This particular phase of construction requires
constant modification of temporary stormwater conveyances such as temporary slope drains,
diversion berms and various types of inlet protection devices for temporary structures. Many
project areas on the Tryon Equestrian Center facilities are expansive with massive amounts of
site grading and infrastructure installation. While the model erosion control plan has been
developed and approved by the Division it has been the on-going practice of those involved to
modify and supplement the areas under construction with additional devices and modify
practices to prevent sedimentation damage. We will continue those efforts and are currently
revising an erosion and sedimentation control plan following a new topographic survey of one of
the sites under mass grading at this time. In the plan we will address size and location of existing
and new skinxnmr sediment basins, stormwater control and conveyance systems and enhanced
methods of providing vegetative groundcover.
We have been in contact with both Regional Offices; the Division of Water Resources and the
Division of Land Resources, addressing; the concerns outlined in the individual Notice of
Violation letters issued. We have responded in a timely fashion to the individual requirements of
the Notices and believe that the sites will be complaint with the permit requirements upon re-
inspection.
The specific response offered for the individual Notice of Violations issued by the Division of
Land Resources is detailed below. These items were delivered to the Division of Land Resources
on July 11, 2016 and are provided to you as requested.
Project I.D. Polk 2016.007 - Cabin Road ECP
Project I.D. Polk 2016-001 Tree removal ECP
Project I.D. Polk 2014-009 —Phase Three ECP
Project Ll) Polk -2016-010 — Eastern Farmette ECP
Cabin Road ECP _ Polk 2016.007:
The Cabin area is located on the west side of the project area and south of the Covered Arena. As
of today, two (2) of the arched bottomless culverts and sections of the associated roadwork have
been completed along with stabilization of the disturbed areas. Disturbed areas upland of the
stream crossings has been seeded and straw mulch is being placed to provide additional soil
stabilization. All erosion control measures shown on the plan have been installed along; with
additional measures to retain the sediment generated by land -disturbing activities within the
boundaries of the tract and to prevent sediment from entering watercourses on the site.
Tree Removal ECP - Polk 2016-001:
The Tree Removal project is located in the south east portion of the project area and forms the
perimeter of the Cross Country Horse Trail project areas. Rill and gully erosion has been
corrected in the areas previously damaged by heavy rainfall events and the areas stabilized by
seeding and installing rolled erosion control products. Perimeter sediment fence has been
repaired or re -installed. A permanent stormwater system is nearing completion and will. replace
temporary slope drains previously used to convey stormwater. A revised plan will be submitted
detailing the location and installation practices involved with the permanent stormwater system.
2

Mr. Tom Reeder, Assistant Secretary of Environment
August 17, 2016
All disturbed areas have been seeded, mulched, matted or sodded in the Tree Removal ECP
areas.
Phase Three - Polk -2014-009:
Slope areas to the north and east of the Derby field are currently active in Phase Three. Erosion
control devices have been repaired or re -installed and storrnwater is being diverted to the existing
sediment basin on the eastern side of Phase Three construction. Rill and gully erosion has been
corrected on the east slopes, denuded areas have been seeded and rolled erosion control product.
installed. The North slope area is the future hotel site and associated facilities. A proposed
retaining wall and future construction activity will be detailed in future erosion control
submittals for this area. The current slopes have been temporarily seeded and spot repairs are
being evaluated for areas that have rill erosion occurring from a previous heavy rainfall event.
Temporary slope drains are currently beim used to convey storm water to the Storm -tech system
located below. Catch basin inlet protection devices have been repaired. Additional sediment
fence is being installed on east perimeter areas. Sediment removal. has been conducted in
tributaries of White Oak Creel: as requested by the Division of Water Quality. Additional erosion
control measures have been installed to prevent sediment migration into watercourses.
Eastern Farmette — Polk -2016-010:
The Eastern Farrnette ECP area has been developed to accept the excess soil material generated
from the grading of the Cross Country Horse Trail project area. Areas on the Eastern Fartnette
are at temporary grade at the current time. Perimeter erosion control devices have been repaired
including; sediment fence, rock weirs and rock darns. Slope stabilization, seeding and straw
mulching is on-going; at this time. The site is being re -surveyed to provide accurate topographic
information. A revised erosion control plan will be submitted and sediment basin relocation will
be addressed.
With regard to a plan of action to prevent future violations. Erosion control measures and devices
will be installed and maintained and the devices will be inspected and reported to your
representative as required by the conditions of General Permit NCG010000 and self -inspection
for Land Disturbing Activities per G.S. 113A-54.1. With regard to why we believe a civil
penalty should not be assessed. We believe it is in the best interest of all concerned to place all
resources and interests into protecting the natural resources of the State with adequate erosion
and sedimentation control, stabilization and re -vegetation of all disturbed areas and
simultaneously construct the facilities of Tryon International Equestrian Center.
Concerning sediment that has entered the watercourse and Notice of Violation issued by the
Division of Water Quality (DWQ) - NOV-2016-PC-0306. A sediment removal plan has been
submitted and approved by DWQ and sediment removal has been performed by the Contractor
along with environmental oversight by Clearwater Environmental. All requirements of the
Notice of Violation are being addressed as requested by the Division of Water Quality.
3

Mr. Tom Reeder, Assistant Secretary of Environment
August 17, 2016
C,
In conclusion, I want to thank you for contacting us directly concerning the recent Notice of
Violations and offering the opportunity to bring you up to date with the on-going efforts to
develop the Tryon International Equestrian Center. We look forward to working with you and
your representatives, meeting the requirements to satisfy the conditions of the Notice of
Violations and successful completion of the project.
Should you have questions or require further information please feel free to contact me directly.
Sincerely,
I
ec:
'A'
21130
Ms. Karen Higgins, NCDWR, 1617 Mail Service Center, Raleigh, NC 27699-1617
Mr. Jeff Brown, Project Manager, Tryon Equestrian Properties, LLC
Mr. G. Landon Davidson, P.G., NCDWR, Regional Supervisor, Asheville, North Carolina
Mr. Stan Aiken, P.E., NCDEMLR, Regional Supervisor, Asheville, North Carolina
Mr. Clement Riddle, Clearwater Environmental
4