20131200 Ver 4_Approval Letter_20161108

Water Resources
ENVIRONMENTAL QUALITY
November 8, 2016
Tryon Equestrian Partners, LLC
Attn: Mr. Jeff Brown
2659 Sandy Plains Road
Tryon, NC 28782
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretai-ir
S. JAY ZIMMERMAN
Director
DWR # 13-1200 v4
Polk County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions—
Modification
Tryon International Equestrian Center
USACE Action ID. No. SAW -2013-02262
Dear Mr. Brown:
Attached hereto is a copy of Certification No. 4047 issued to Mr. Jeff Brown and Tryon Equestrian
Partners, LLC, dated November 8, 2016. This Certification replaces the Certification issued on
February 2, 2016. This modification was requested by the applicant to reflect the reduction in
wetland and stream impacts accomplished by utilizing arch culverts at four previously permitted
road crossings and to modify the mitigation plan to replace the preservation component with an
off-site stream restoration and enhancement plan. Please note that you should get any other
federal, state or local permits before proceeding with the subject project, including those required
by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty
(60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.comJ or by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
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
Individual Certification #4047
Page 2 of 10
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. 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,
d
4kwJj", - v*lt�—
Karen Higgins, Supervi
401 & Buffer Permitting Branch
cc: Clement Riddle, ClearWater Environmental Consultants, Inc., 32 Clayton Road,
Asheville, NC 28801
USACE Asheville Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR ARO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 131200V4TyronlntEquestrianCtr(Polk)_401_IC_Mod.docx

Tryon Equestrian Partners, LLC
DWR# 13-1200 v4
Individual Certification #4047
Page 3 of 10
CERTIFICATION #4047 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC
02H .0500, to Mr. Jeff Brown and Tryon Equestrian Partners, LLC, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on June 25, 2015 and subsequent information on October 30, 2015, January
8, 2016, and February 2, 2016; by Public Notice issued by the U. S. Army Corps of Engineers and
received by the Division on July 8, 2015; and a modification request received by the Division on
June 13, 2016 and subsequent information on August 16, 2016 and November 4 and 7, 2016.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved provided that all of the other conditions of the
Certification are met. Impacts in this permit shall be cumulative with 405 linear feet of
permanent stream impact completed under General Certification # 3890 issued for Tryon
International Equestrian Center on February 17, 2014 (290 linear feet) and General
Certification #3402 for the White Oak Plantation project that a Nationwide Permit 39 was
issued on June 12, 2006 (115 linear feet) and written approval from the Division was not
required. No other impacts are approved, including incidental impacts. [15A NCAC 02H
.0506 (b) & (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Riparian Wetlands'
0.003 (acre)
0 (acre)
Stream Restoration'
1,065 (linear feet)
0 (linear feet)
Stream Enhancement'
152 (linear feet)
0 (linear feet)
Perennial Stream Impacts
E1 (Phase 1)
393 (linear feet)
0 (linear feet)
RC1/UC1
0 (linear feet)
30 (linear feet)
RC3/UC3
0 (linear feet)
30 (linear feet)

Tryon Equestrian Partners, LLC
DWR# 13-1200 v4
Individual Certification #4047
Page 4 of 10
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
RC4/UC4
0 (linear feet)
30 (linear feet)
RC5/UC5
0 (linear feet)
30 (linear feet)
Perennial Stream Totals
393 (linear feet)
120 (linear feet)
Intermittent Stream - E2
53 (linear feet)
0 (linear feet)
(Phase 1)
1 Off-site impact related to the Harmon Dairy Stream Mitigation Project Site
2. Compensatory Mitigation
Mitigation must be provided for the proposed perennial stream impacts (Phase 1 - 393 linear
feet) as well as unmitigated perennial stream impacts (115 linear feet) completed under a
previous General Certification for a total of 508 linear feet. Mitigation for 290 linear feet of
perennial stream impact was also required for the General Certification issued on February
17, 2014. A receipt from the Division of Mitigation Services (DMS) indicates that 580 linear
feet of warm water stream credits have been purchased for the equestrian center part of the
project. Applying the unused portion of the previously purchased stream mitigation credits
(290), mitigation must be provided as specified in the table below. The Division has received
an acceptance letter from the (DMS) to meet remaining mitigation requirement. Until the
DMS receives and clears your payment, and proof of payment has been provided to this
Office, no impacts specified in this Authorization Certificate shall occur. For accounting
purposes, this Authorization Certificate authorizes payment to the DMS to meet the
following compensatory mitigation requirement [15A NCAC 02H .0506 (c)(6)]:
Stormwater Management Plan
The Division approves this project as a low density development because the site plan
depicts an impervious surface area of under 24% and a stormwater drainage system that
consists primarily of vegetated conveyances. The following conditions also apply [15A NCAC
02H .0506(b)(5)]:
A deed restriction shall be placed on the tract in order to limit the amount of impervious
surface area to less than 24%. [15A NCAC 02H .0506(b)(5)]
Compensatory
River & Sub -
Mitigation Required
basin Number
Broad
Phase 1 - Perennial Stream
218 (linear feet)
03050105
Stormwater Management Plan
The Division approves this project as a low density development because the site plan
depicts an impervious surface area of under 24% and a stormwater drainage system that
consists primarily of vegetated conveyances. The following conditions also apply [15A NCAC
02H .0506(b)(5)]:
A deed restriction shall be placed on the tract in order to limit the amount of impervious
surface area to less than 24%. [15A NCAC 02H .0506(b)(5)]

Tryon Equestrian Partners, LLC
DWR# 13-1200 v4
Individual Certification #4047
Page 5 of 10
This tract shall be held, transferred, sold, conveyed, developed and occupied subject to the
requirement that upon development of this tract, the then owner shall develop a stormwater
management plan approved by the Division if the total impervious area resulting from
development of the Property is 24% or more of the total area of the Property. [15A NCAC
02H .0506(b)(5)]
This restriction contained herein shall be binding upon the owner's successors and assigns,
and shall be perpetual and run with the land until released or amended by a release or
amendment approved by the Division. [15A NCAC 02H .0506(b)(5)]
These two documents shall be filed with the Register of Deeds, Polk County, North Carolina.
[15A NCAC 02H .0506(b)(5)]
If a compliance inspection reveals an impervious surface area of 24% or greater, then you will
be in violation of this Condition and required to comply with the requirements of General
Certification 3890. [15A NCAC 02H .0506(b)(5)]
4. You have our approval for your proposed final stream enhancement/restoration plan for the
Harmon Dairy Stream Mitigation Project Site. The stream restoration/enhancement must be
constructed, maintained, and monitored according to the plans approved by this Office and
this Certification. Any repairs or adjustments to the site must be made according to the
approved plans or must receive written approval from this Office to make the repairs or
adjustments. [15A NCAC 02H .0506(h)]
5. Provide notification to Andrew Moore in the Asheville Regional Office at
a;ldrew moc [e-mail] at least 5 days prior to installation of the underdrain for the
stream channel at Impact E1. [15A NCAC 02H .0506(b)(3)]
6. 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 Pre -Construction Notification for this
project. 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.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit. [15A NCAC 02H .0501 and .0502]
7. Sediment and Erosion Control
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. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]:

Tryon Equestrian Partners, LLC
DWR# 13-1200 v4
Individual Certification #4047
Page 6 of 10
Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile
(spoil) projects, including contractor -owned or leased borrow pits associated with the
project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
8. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of
the date that the Division of Energy, Mineral and Land Resources (DEMLR) or locally
delegated program has released the specific area within the project. [15A NCAC 02H .0501
and .0502]
Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self-monitoring, record keeping
and reporting requirements is required. A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at:
http://portal,ncdenr.org/web/wq/ws/su/npdessw#tab-w. 15A NCAC 02H .0506(b)(5) and
(c)(5)]
10. Work in the D
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the

Tryon Equestrian Partners, LLC
DWR# 13-1200 v4
Individual Certification #4047
Page 7 of 10
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
11. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200]
12. Placement of Culverts and Other Structures in Waters and Wetlands [15A NCAC 02H
.0506(b)(2) and (c)(2)]
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams must be below the elevation of
the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low
flow passage of water and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. Additionally, when roadways,
causeways, or other fill projects are constructed across FEMA -designated floodways or
wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods.
13. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)]

Tryon Equestrian Partners, LLC
DWR# 13-1200 v4
Individual Certification #4047
Page 8 of 10
14. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis-equilibrium. [15A NCAC 02H .0506(b)(2)
and (c)(2)]
15. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of riprap or other
approved materials shall not result in de -stabilization of the stream bed or banks upstream or
downstream of the area. [15A NCAC 02H .0506(b)(2)]
16. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, current action, or stream flows and consist of clean rock or masonry material free
of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific
areas required for velocity control and to ensure integrity of bank stabilization measures. [15A
NCAC 02H .0506(b)(2)]
17. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15A NCAC 02B .0231]
18. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers within the project boundaries in order to assure compliance for
future wetland, water and buffer impact. These mechanisms shall be put in place at the time
of recording of the property, or of individual lots, whichever is appropriate. A sample deed
notification can be downloaded from the 401 &Buffer Permitting Branch website at
http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms. The text of the
sample deed notification may be modified as appropriate to suit to this project.
Documentation of deed notifications shall be provided to the Division upon request. [15A
NCAC 02H .0501 and .0502]
19. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
20. Continuing Compliance
Mr. Jeff Brown and Tryon Equestrian Partners, LLC shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State and Federal law. [15A NCAC 02B .0200] If the Division determines that

Tryon Equestrian Partners, LLC
DWR# 13-1200 v4
Individual Certification #4047
Page 9 of 10
such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that State or federal law is being violated, or that further conditions are
necessary to assure compliance, the Division may reevaluate and modify this Certification.
Before modifying the Certification, the Division shall notify Mr. Jeff Brown and Tryon
Equestrian Partners, LLC and the U.S. Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in
accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Mr.
Jeff Brown and Tryon Equestrian Partners, LLC in writing, shall be provided to the U.S. Army
Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean
Water Act, and shall also become conditions of the 404 Permit for the project.
21. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
.0502]
22. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion
(available at: http://portal.ncdenr.or/web/wq/swp/ws/401/certsandpermits/apply/forms).
[15A NCAC 02H .0502(f)]
23. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 Permit. The conditions in
effect on the date of issuance shall remain in effect for the life of the project, regardless of the
expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506]

Tryon Equestrian Partners, LLC
DWR# 13-1200 v4
Individual Certification #4047
Page 10 of 10
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
KAH/jab
4047