20131200 Ver 4_USACE Ind Permit_20170111

Burdette, Jennifer a
From: Kichefski, Steven L CIV USARMY CESAW (US) <Steven. L.Kichefski @usace.army.miI>
Sent: Wednesday, January 11, 2017 11:47 AM
To: Moore, Andrew W
Cc: Burdette, Jennifer a
Subject: FW: Tryon Equestrian - Pre -construction Meeting
Attachments: image003jpg; image001.png; TIECFulIScannedSTOPackage_llJan2017.pdf
Here is a scanned copy of the final signed permit package that went out today, including the letter, permit and
attachments (special conditions/401/map). A copy was sent to Karen. I am responding to the precon meeting
request today and will see you out there. There are still some items that will need to be finalized regarding the
mitigation before the impacts occur, but it think we are close. I know I have not be very involved with you on
dealing with their previous water quality violations, but please coordinate with me if there are areas I can assist
with as we move to this next round of development out there.
Let me know if you have any question or would like to discuss the project prior to the precon meeting. I copied
Jennifer so she would also have an electronic copy.
Regards,
Steve Kichefski
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Asheville Field Office
151 Patton Avenue, Suite 208
Asheville, NC 28801
(828)-271-7980 Ext. 234
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure
we continue to do so, please complete the Customer Satisfaction Survey located at our website at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 to complete the survey online.
-----Original Message -----
From: Moore, Andrew W [mailto:[e-mail]]
Sent: Tuesday, January 10, 2017 8:08 AM
To: Kichefski, Steven L CIV USARMY CESAW (US) <Steven. L.Kichefski @usace.army.mil>
Subject: [EXTERNAL] RE: Tryon Equestrian - Pre -construction Meeting
Steve,
Can you send me an electronic copy of the Tryon 404 permit?

Thanks,
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: [e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Clement Riddle [mailto:[e-mail]]
Sent: Monday, January 09, 2017 3:35 PM
To: Kichefski, Steven L CIV USARMY CESAW (US) <Steven. [e-mail]>, Moore, Andrew W
<[e-mail]>, David Odom <[e-mail]>, jbrown @tryon.com,
[e-mail]
N

Subject: Tryon Equestrian - Pre -construction Meeting
Steve and Andrew,
We would like to request a pre -construction meeting to review the 404 permit with you as requested in
Condition 4 of the 404 permit. Copies of the final construction plans will be sent to you directly by Odom
Engineering.
We you all available Jan 25, 26, or 27? Please let us know what time and dates work for you.
Clement
32 Clayton Street
Asheville, NC 28801
Office: 828-698-9800
Mobile: [phone]
[e-mail] <mailto:[e-mail]>
BlockedWWW.CWENV.COM <Blockedhttp://www.cwenv.com/>
The information in this email is confidential and may be legally privileged. It is intended solely for the
addressee(s). Disclosure to other parties is prohibited. If you are not the intended recipient, any disclosure,
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unlawful.

DEPARTMENT OF THE ,ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208,
ASHEVILLE, NORTH CAROLINA 28801-5006
January 11, 2017
Regulatory Division
Action 1D: SAW -2013-02262
Mr. Jeff Brown
Tryon Equestrian Partners, LLC
2659 Sandy Plains Road
'.Tryon, North Carolina 28782
Dear Mr. Brown:
Enclosed is a Department of the Army permit to permanently impact 446 linear feet and
temporarily impact 120 linear feet �of unnamed tributaries (UT) of White Oak Creek, associated
with the proposed development known as the Tryon International Equestrian Center (TIEC)
southeast of the intersection of Pea Ridge Road and U.S. Highway 74, northeast of Tryon in Polk
County, North Carolina. The Corps is issuing this permit in response to your written request of
Junc 24, 2015, and the ensuing administrative record.
Any deviation in the authorized work will likely require modification of this permit. If a
change in the authorized work is necessary, you should promptly submit revised plans to the
Corps showing the proposed changes. You may not undertake the proposed changes until the
Corps notifies you that your permit has been modified.
Carefully read your permit. The general and special conditions are irnportant. Your failure to
comply with these conditions could result in a violation of Federal law. Certain significant
conditions require that:
a. You must complete construction before December 31, 2022
b. You must notify this office in advance as to when you intend to commence and complete
work.
c. You must allow representatives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions.
d. In order to compensate for impacts associated with this permit, mitigation shall be
provided in accordance with the special conditions of this permit authorization.

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You should address all questions regarding this authorization to Mr. Steve Kichefski at the
Asheville Regulatory Field Office, telephone [phone] extension 234.
Sincerely,
Kevin P. Landers, Sr.
Colonel, U.S. Army.
District Commander
Enclosures
cc (with enclosures):
,TOAA/National Ocean Service
1315 East -west Hwy., Rm 7316
.Silver Spring, Maryland 20910-3282
Byron Hamstead
U.S. Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
Dr. Ken Riley
National Marine Fisheries Service
Habitat Conservation Division
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Todd Bowers
Wetlands Protection Section — Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Ms. Andrea Leslie
Mountain Habitat Conservation Coordinator
NC Wildlife Resources Commission
2083 0 Great Smoky Mountain Expressway
Waynesville, NC 28786

U
Mr. Doug Huggett
Division of Coastal Management
N:C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Dr. Pace Wilber
National Marine Fisheries Service
219 Fort Johnson Road
Charleston, South Carolina 2941291.10
Ms. Karen Higgins
North Carolina Division of Water Resources
Wetlands, Buffers, Stormwater, Compliance
and Permitting Unit
1.617 Mail Service Center
Raleigh, North Carolina, 27699-1617
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DEPARTMENT OF THE ARMY PERMIT
Permittee Tryon Equestrian Partners, LLC
Permit No. SAW -2013-02262
lssuing Office CESAW-RG-A
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee, The
term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over
the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:
Mr. Jeff Brown, on behalf of Tryon Equestrian Partners, LLC, is hereby authorized to permanently
impact 446 linear feet and temporarily impact 120 linear feet of unnamed tributaries of White Oak
Creek, associated with the proposed development known as the Tryon International Equestrian
Center (TIEC) southeast of the intersection of Pea Ridge Road and U.S. Highway 74, northeast
of Tryon in Polk County, North Carolina.
Project Location:
The Tryon International Equestrian Center is located southeast of the intersection of Pea Ridge
Road and U.S. Highway 74, northeast of Tryon in Polk County, North Carolina.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on 12/22/2022 . If you find that you need more
time to complete the authorized activity, submit your request for a time extension to this office for consideration at
least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you
may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to
cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must
obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal
and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing
in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space
provided and forward a copy of the permit to this office to validate the transfer of this authorization.
ENG FORM 1721, Nov 86 ED1`1'lON OF SEP 8215 OBSOLETE. (33 CF12 325 (Appendix A))

6. If a conditioned water quality certification has been issued for your project, you must comply with the conditions
specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is
attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary
to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:.
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.G. 403).
❑� Section 404 of the Clean Water Act (33 U.S.C. 1344).
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the
following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or
from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or
on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the
activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the
public interest was made in reliance on the information you provided.
(P,LVLRSE OF ENG FORM 172 1)
2

5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the
following:
a. You fail to comply with the terms and conditions of this permit.
b. The.information provided by you in support of your permit application proves to have been false,
incomplete, or inaccurate (See 4 above).
b. Significant new information surfaces which this office did not consider in reaching the original public interest
decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order
requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where
appropriate. You will be. required to pay for any corrective measures ordered by this office, and if you fall to comply
with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit,
unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation
of the public interest decision, the Corps will normally give favorable consideration to a request for an extension
of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of
this permit.
(DATE)
TRYON EQUESTRIAN PARTNERS, LLC
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed
below.
S'A)� �o �W n
(DISTRICTOMM NDER) KEVIN P. LANDERS, SR (DATE)
COLONEL, U.S. ARMY
DISTRICT COMMANDER
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the
terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the
transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have
the transferee sign and date below.
(TRANSFEREE)
(DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

Applicant: Tryon Equestrian Partners, LLC / Attn: File Number: SAW -2013-02262 Date: January 11, 2017
Mr. Jeff Brown
Attached is: See Section below
❑I INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
® PROFFERED PERMIT (Standard Permit or Letter ofpermission) B
❑ PERMIT DENIAL C
❑ APPROVED JURISDICTIONAL DETERMINATION D
❑ PRELIMINARY JURISDICTIONAL DETERMINATION E
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A: INITIAL PROFFERED PERMIT: You may accept or abject to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
pen -nit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this forma and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
I_�1:otOB.T HO Aft IFT, :,ElEi'BRIvI ,mom
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections town initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
District Engineer, Wilmington Regulatory Division, CESAD-PDO
Attn: Steve Kiehefski U.S. Army Corps of Engineers, South Atlantic Division
USACE 60 Forsyth Street, Room 10M15
151 Patton Avenue, Room 208 Atlanta, Georgia 30303-8801
Asheville, NC 28801 Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Steve Kichefski, 69 Darlington Avenue,
Wilmington, North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-
8801
Phone: [phone]

SPECIAL CONDITIONS
Action ID: SAW -2013-02262
Failure to institute and carry out the details of the following special conditions will result
in a directive to cease all ongoing and permitted work within waters of the U.S.
associated with the permitted project, or such other remedies and/or fine as the
Wilmington District Engineer, or his authorized representatives, may seek.
WORK LIMITS
1) All work authorized by this permit must be performed in strict compliance with the
"Tryon International Equestrian Center Stream Impacts Plans" Figures 4A -4F,
received with the application on June 24, 2016, which were updated in the
modification request package received June 14, 2016. These drawings, and the
description of work in the application and supporting information submitted by the
applicant, are now a part of this permit. Any modification to these plans must be
approved by the U.S. Army Corps of Engineers (Corps) prior to implementation.
2) Except as authorized by this permit or any Corps approved modification to this
permit, no excavation, fill or mechanized land -clearing activities shall take place at
any time in the construction or maintenance of this project, within waters or ,
wetlands. This permit does not authorize temporary placement or double handling
of excavated or fill material within waters or wetlands outside the permitted area
3) Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction
or maintenance of this project, in such a manner as to impair normal flows and
circulation patterns within waters or wetlands or to reduce the reach of waters or
wetlands.
4) The permittee shall schedule a pre --construction meeting between their
representatives, the contractor, and the Corps, Wilmington District, Asheville
Regulatory Field Office, Polk County Project Manager, prior to any work in
jurisdictional waters of the U.S. to ensure that there is a mutual understanding of
all terms and conditions contained in this DA permit. The permittee shall provide
the Corps Regulatory Project Manager with a copy of the final plans at least two (2)
weeks prior to the pre -construction meeting along with a description of any
changes that have been made to the project's design, construction methodology or
construction timeframe. The permittee shall schedule the pre -construction meeting
for a time when the Corps and the North Carolina Division of Water Resources
(NCDWR) Project Managers can attend. The permittee shall notify the Corps and
NCDWR Project Managers a minimum of thirty (30) days in advance of the
Meeting.

5) The permittee shall advise the Corps in writing at least two (2) weeks prior to
beginning the work authorized by this permit and again upon completion of the
work authorized by this permit.
6) Prior to commencing construction within jurisdictional waters of the U.S. for any
portion of the project, the permittee shall forward the latest version of project
construction drawings to the Corps, Asheville Regulatory Field Office Regulatory
Project Manager. Half-size drawings are acceptable.
RELATED LAWS
7) If the permittee discovers any previously unknown historic or archaeological sites
while accomplishing the authorized work, he shall immediately stop work and notify
the Corps, Asheville Regulatory Field Office Polk County Regulatory Project
Manager, who will initiate the required State/Federal coordination.
8) All necessary precautions and measures will be implemented so that any activity
will not kill, injure, capture, harass, or otherwise harm any protected federally listed
species. While accomplishing the authorized work, if the permittee discovers or
observes a damaged or hurt listed endangered or threatened species, the Corps
Wilmington District Engineer will be immediately notified to initiate the required
Federal coordination.
9) The NCDWR has issued a conditioned Water Quality Certification for this project
(Certification No. WQC004075). The conditions of this certification are hereby
incorporated as special conditions of this permit. A copy of this certification is
attached.
10) This Department of the Army permit does not obviate the need to obtain other
Federal, State, or local authorizations required by law.
PROJECT MAINTENANCE
11) Unless otherwise authorized by this permit, all fill material placed in waters or
wetlands shall be generated from an upland source and will be clean and free of
any pollutants except in trace quantities. Metal products, organic materials
(including debris from land clearing activities), or unsightly debris will not be used.
Soils used for fill shall not be contaminated with any toxic substance in
concentrations governed by Section 307 of the Clean Water Act.
12) All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or
other toxic materials. In the event of a spill of petroleum products or any other
hazardous waste, the permittee shall immediately report it to the NCDWR at (919)
733-3300 or [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
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13) The permittee shall require its contractors and/or agents to comply with the terms
and conditions of this permit in the construction and maintenance of this project,
and shall provide each of its contractors and/or agents associated with the
construction or maintenance of this project with a copy of this permit. A copy of this
permit, including all conditions, shall be available at the project site during
construction and maintenance of this project.
14) No fill or excavation impacts for the purposes of sedimentation and erosion control
shall occur within jurisdictional waters, including wetlands, unless the impacts are
included on the plan drawings and specifically authorized by this permit.
15) The permittee shall ensure that the project remains in full compliance -with all
aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General
Statutes Chapter 113A Article 4). Adequate sedimentation and erosion control
measures must be implemented prior to any ground disturbing activities to
minimize impacts to downstream aquatic resources. These measures must be
inspected and maintained regularly, especially following rainfall events. All fill
material must be adequately stabilized at the earliest practicable date to prevent
sediment from entering into adjacent waters or wetlands.
16) The permittee shall ensure that all excavation and/or construction areas in waters
of the U.S. are temporarily dewatered during work.
17) During the clearing phase of the project, heavy equipment must not be operated in
surface waters or stream channels. Temporary stream crossings will be used to
access the opposite sides of stream channels. All temporary diversion channels
and stream crossings will be constructed of non -erodible materials. Grubbing of
riparian vegetation will not occur until immediately before construction begins on a
given segment of stream channel.
18) The permittee shall take measures to prevent live or fresh concrete, including bags
of uncured concrete, from coming into contact with any water in or entering into
waters of the U.S. Water inside coffer dams or casings that has been in contact
with concrete shall only be returned to waters of the U.S. when it no longer poses a
threat to aquatic organisms (concrete is set and cured).
19) Measures will be included in the construction/installation that will promote the safe
passage of fish and other aquatic organisms. The dimension, pattern, and profile of
the stream above and below a pipe or culvert should not be modified by widening
the stream channel or by reducing the depth of the stream in connection with the
construction activity. The width, height, and gradient of a proposed opening should
be such as to pass the average historical low flow and spring flow without
adversely altering flow velocity. Spring flow should be determined from gauge data,
if available. In the absence of such data, bankfull flow can be used as a
comparable level.
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20) Design and placement of culverts and other structures including temporary erosion
control measures shall not be conducted in a manner that may result -in the
disequilibrium of wetlands, streambeds or stream banks adjacent to, upstream of
or downstream of the structures. When practicable, riprap armoring of streams at
culvert inlets and outlets shall be minimized above ordinary high water elevation in
favor of bioengineering techniques such as bank sloping, erosion control matting
and revegetation with deep-rooted native woody plants.
21) The permittee shall implement all reasonable and practicable measures to ensure
that equipment, structures, fill pads, work, and operations associated with this
project do not adversely affect upstream and/or downstream reaches. Adverse
effects include, but are not limited to, channel instability, flooding, and/or stream
bank erosion. The permittee shall routinely monitor for these effects, cease all work
when detected, take initial corrective measures to correct actively eroding areas,
and notify this office immediately. Permanent corrective measures may require
additional authorization by the Corps.
22) The permittee shall remove all temporary fills placed in waters of the U.S., to
include authorized sediment and erosion control measures, and shall restore
natural grades in these areas, prior to project completion. Affected upland areas
must be revegetated with native vegetation within 60 days of completion of project
construction. If vegetation cannot be planted due to the time of the year, all
disturbed areas will be seeded with a native mix appropriate for the impacted area,
and vegetation will be planted in the fall. A native seed mix may contain non-
invasive small grain annuals (e.g., millet and rye grain) to ensure adequate cover
while native vegetation becomes established.
23) The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States
and in such time and manner as the Secretary of the Army or his authorized
representative may direct, restore the water or wetland to its pre -project condition.
24) All reports, documentation and correspondence required by the conditions of this
permit shall be submitted to the following address U.S. Army Corps of Engineers,
Asheville Regulatory Field Office, Polk County Project Manager, 161 Patton
Avenue, Room 208, Asheville, NC 288015006, and by telephone at: (828) 271-
7980. The permittee shall reference the following permit number on all submittals:
SAW -2013-02262, Tryon International Equestrian Center.
COMPENSATORY MITIGATION
25) The Permittee shall fully implement the compensatory mitigation plan, entitled The
Final Harmon Dairy Mitigation Plan, dated August 16, 2016, and updated
December 29, 2016, and the easement/amendment received via email
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November 8, 2016, for the unavoidable impacts to 446 linear feet of stream.
Activities prescribed by this plan shall be initiated prior to, or concurrently with,
commencement of any construction activities within jurisdictional areas authorized
by this permit. The permittee shall (re-establish, rehabilitate, enhance, establish)
1,383 linear feet of stream in accordance with the plan with the following
conditions:
1) The permittee, TEP, is the party responsible for the implementation,
performance and long term management of the compensatory mitigation
project.
2) Any changes or modifications to your mitigation plan shall be first approved
by the Corps.
3) The permittee shall maintain the entire mitigation site in its natural condition,
as altered by the work in the mitigation plan, in perpetuity. Prohibited activities
within the mitigation site specifically include, but are not limited to: Filling;
grading; excavating; earth movement of any kind; construction of roads,
walkways, buildings, signs, or any other structure; any activity that may alter
the drainage patterns on the property, the destruction, cutting, removal,
mowing, or other alteration of vegetation on the property; disposal or storage
of any garbage, trash, debris or other waste material; graze or water animals,
or use for any agricultural or horticultural purpose; or any other activity which
would result in the property being adversely impacted or destroyed, except as
specifically authorized by this permit.
4) In accordance with the mitigation plan, the permittee has identified a
conservation easement as the proposed preservation mechanism to be used
to maintain the entire mitigation site in perpetuity, subject to the approval of
the Wilmington District. The District considers preservation of property for
compensatory mitigation purposes to consist of maintaining the property in its
natural condition, or, if restoration, creation, or enhancement work has been
performed on the property, in its mitigated condition. There are several
preservation mechanisms that may be used to preserve mitigation property,
including, conservation easements, restrictive covenants, and conservation
declaration of restrictions. Fee conveyance to an acceptable conservation
organization may also be acceptable. The permittee shall not sell or otherwise
convey any interest in the mitigation property used to satisfy the mitigation
requirements for this permit to any third party, without prior written approval
from the Wilmington District Corps of Engineers.
5) All mitigation areas shall be monitored for a minimum of 7 years or until
deemed successful by the Corps in accordance with the monitoring
requirements included in the mitigation plan.
-5-

6) REMEDIAL MITIGATION PLAN: If the compensatory mitigation fails to meet
the performance standards 7 years after completion of the compensatory
mitigation objectives, the compensatory mitigation will be deemed
unsuccessful. Within 60 days of notification by the Corps that the
compensatory mitigation is unsuccessful, the Permittee shall submit to the
Corps an alternate compensatory mitigation proposal to fully offset the
functional loss that occurred as a result of the project. The alternate
compensatory mitigation proposal may be required to include additional
mitigation to compensate for the temporal loss of wetland function associated
with the unsuccessful compensatory mitigation activities. The Corps reserves
the right to fully evaluate, amend, and approve or reject the alternate
compensatory mitigation proposal. Within 120 days of Corps approval, the
Permittee will complete the alternate compensatory mitigation proposal.
ENFORCEMENT
26) A representative of the Corps will periodically and randomly inspect the work for
compliance with these conditions. Deviations from these procedures may result in
an administrative financial penalty and/or directive to cease work until the problem
is resolved to the satisfaction of the Corps.
27) Violation of these conditions or violation of Section 404 of the Clean Water Act
must be reported in writing to the Corps, Wilmington District, within 24 hours of the
permittee's discovery of the violation.
-6-

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1.:. i Ff 2 ;?,1 1016
November 14, 2016
Tryon Equestrian Partners, LLC
Attn: Mr. Jeff Brown
2659 Sandy Plains Road
Tryon, NC 28782
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
DWR # 13-1200 v4
Polk County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions —
Modification Correction
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 14, 2016. This Certification replaces the Certification issued on
November 8, 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 an off-site stream restoration and
enhancement plan. The modification issued on November 8, 2016 applied the off-site restoration
and enhancement plan to the preservation portion of the mitigation plan instead of the entire
mitigation plan. Please note that you should get any other federal, state or local permits before
proceeding -with the subject project,` inclriding those required by (but not limited to) Sediment
and grosiDn`Contral, Ron-Disch`a'rge, ancl,WaterSupply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in General Statute 130E 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 htt www.ncoah.com or by calling the OAH
Clerk's Office at (91,9) 431 -3000 -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 DAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
State of North Carolina I Uvviror=o1,tal Quality j Water Resources
1617 Mail service Center i Raleigh, North Carolina 27699-1617
919 807 630n

}
G
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: if sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 276996714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Sara 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
andrew.moore ncdenr. ov or Jennifer Burdette at 919-807-6364 or
[e-mail] if you have any questions or concerns.
Sincerely,
Karen Higgins; Superviso
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: 131200V4TyronintEquestrianCtr(Polk) 401_IC_Mod—Correction.docx

Tryon Equestrian Partners, LLC
DW R# 13-1200 v4
individual Certification #4047
Page 3 of 10
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
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 .05001 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, 7 and 10, 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, Lthe supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification.
I. 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)j

Tryon Equestrian Partners, LLC
DW R# 13-1200 v4
Individual Certification #4047
Page 4 of 10
Type of Impact
Amount Approved (units)
Permanent
Amount Approved
(units)
Temporary
RC1./UC1
0 (linear feet)
30 (linear feet)
RC3/UC3
0 (linear feet)
30 (linear feet)
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
(Phase 1)
53 (linear'feet)
D (linearfeet)
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. (15A
NCAC 02H .0506 (c)(6)]:
You have our approval for your proposed final stream enhancement/restoration plan for
the Harmon Dairy Stream Mitigation Project Site to provide 61 stream mitigation units
(SMU) from enhancement and 1,065 SMUs from restoration. The stream
restoration/enhancement must be constructed, maintained, and monitored according to
the plans approved by the Division and this Certification. Any repairs or adjustments to the
site must be made according to the approved plans or must receive written approval from
the Division to make the repairs or adjustments. This mitigation plan is only approved for
credits towards the impacts approved in this certification. 115A NCAC 02H .0506(h)]
Compensatory
River &-Sub-
Mitigation Required
basin Number
s.:
Phase 1- Perennial Stream
21.5 (linear feet)
._: BT66 d~... ......
03050105
You have our approval for your proposed final stream enhancement/restoration plan for
the Harmon Dairy Stream Mitigation Project Site to provide 61 stream mitigation units
(SMU) from enhancement and 1,065 SMUs from restoration. The stream
restoration/enhancement must be constructed, maintained, and monitored according to
the plans approved by the Division and this Certification. Any repairs or adjustments to the
site must be made according to the approved plans or must receive written approval from
the Division to make the repairs or adjustments. This mitigation plan is only approved for
credits towards the impacts approved in this certification. 115A NCAC 02H .0506(h)]

Tryon Equestrian Partners, LLC
DWR# 13-1200 v4
Individual Certification #4047
Page 5 of 10
Monitoring shall be conducted in accordance with the approved mitigation plan dated
August.15, 2016. If monitoring indicates that all or portions of the project are failing to
meet.one or more of the required success criteria, the monitoring report must provide a
remedial action plan to address the deficiency. At a minimum, the remedial action plan
must describe the failure, the source or reason for the failure, a concise description of.the
corrective measures that are proposed, and a timeframe for the implementation of the
corrective measures. [15A NCAC 02H .0506(h) and 15A NCAC 02H .0506(b)(2) and (3)j
At the end of the required monitoring period, the permittee shall notify the Division in
writing. If it is determined that the project is failing by the Division or the U.S. Army Corps
of Engineers, the permittee shall be given`the opportunity to express their intelisions in
writing regarding the future of the project. [15A NCAC 02H .0506(h) and 15A NCAC 02H
.0506(b)(2) and (3)]
A monitoring report must be provided to the Division by March 31st of each monitoring
year and will be required far the entire monitoring period. The reports shall be sent to -the
401 & Buffer Permitting Branch, 1617 Mail Service Center Raleigh, NC 27699-1617. [15A
NCAC 02H .0506(h) and 15A NCAC 02H .0506(b)(2) and (3)]
3. Provide notification to Andrew Moore in the Asheville Regional Office' at
[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)]
4. 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)]
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)]

Tryon Equestrian Partners, LLC
DwR# 13-1200 v4
Individual Certification #4047
Page 6 of 10
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)]
5. 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]
6. 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)]:
a. 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 Morrow 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.
7. 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

Tryon Equestrian Partners, LLC
DWR# 13-1200 v4
Individual Certification #4047
Page 7 of 10
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]
8. Construction Stormwater Permit NCG010000
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 coKtrol plan, inspections aril 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:
htt ortal.ncdenr.or /web/w /ws/su/npdessw#tab-w. 15A NCAC 02H .0506(b)(5) and
9. Work in the Dry
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
most current version ofthe 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)1
10. 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 0213.02001
11. Placement of Culverts and-Other;Structures in Waters and Wetlands 115A NCAC 02H
.0506(b)(2)and (c)(2)1
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.

Tryon Equestrian Partners, LLC
DWR# 18-1200 v4
Individual Certification #4047
Page 8 of 10
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.
12. 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)]
13. 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)]
14, 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)]
15. 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)]
16. 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]

Tryon Equestrian Partners, LLC
BWR# 13-1200 v4
Individual Certification #4047
Page 9 of 10
17. 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 htt ortaI-nrr1Pnr nriaweb w SW Iws 401 certsand ermits a I 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]
18. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
19. 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
such standards or laws are pot being met (including the failure to sustain a designated or
achieved use) or th,--State,or'federal law _is ,being violated, or that further conditions are
necessary to "assUte comliliance, the DivNidn 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.
20. 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]

Tryon Equestrian Partners, LLC
DWR# 13-1200 v4
individual Certification #4047
Page 10 of 10
21. 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.orR/web/wo/swp/ws/401/certsandpermits/ap ly/farms).
[15A NCAC 02H .0502(f)]
22. 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]
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.
This the 14th day of November 2016
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/jab
4047