20131200 Ver 4_USACE Permit Suspension Letter_20170209

Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
Action ID Number: SAW -2013-02262
Mr. Jeff Brown
Tryon Equestrian Partners, LLC
2659 Sandy Plains Road
Tryon, North Carolina 28782
Dear Mr. Brown:
February 3, 2017
Please reference our comments from the on-site meeting conducted January 26, 2017, and the
Department of Army (DA) permit verification dated January 11, 2017, to permanently impact
446 linear feet (If) of unnamed tributaries (UT) of White Oak Creek, associated with the
proposed development of 1,276 acres for a resort, equestrian center, and residential community
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.
During the on-site meeting, TIEC provided the Corps and other state and federal agencies an
updated project modification proposal that includes approximately 3,150 if of additional stream
impacts and 0.08 acres (ac) of wetland impacts in areas that were specifically avoided during the
most recent permit review and authorization. According to the discussion, these impacts are
primarily associated with the continued development of the TIEC facility, in order to host the
World Equestrian Games scheduled to occur in September 2018. TIEC received notification that
their site was selected for the event in November 2017, but did not disclose this information to
the Corps until after the permit verification was issued.
Your modification proposal significantly changes the circumstances under which the Corps'
Statement of Findings and Environmental Assessment were based upon during the most recent
permit review. Specifically, some of the newly proposed impacts (Phase 2 — Impact #4 1,3371f)
depend directly on impacts recently authorized in your individual permit (Impact E2 — 53 if and
Impact E1 — 393 If). The disclosure of these new impacts invalidate the Corps' prior
determination of a single and complete project, and void some of the avoidance and
minimization criteria provided in the alternatives analysis.
This new information warrants our reevaluation of the issued permit and reconsideration of
the public interest. As a result, your permit is hereby suspended. Your permit will remain
suspended, and no further work in waters or wetlands is authorized, until notified by the District
Engineer.

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Be advised that you have 10 days from receipt of this notice to request a public hearing and/or
a meeting with the U.S. Army Corps of Engineers Wilmington District Regulatory Division
and/or the District Commander, to present information in the matter. After the completion of a
meeting or hearing, (or within a reasonable amount of time following this notice if a
hearing/meeting is not requested), the District will decide to reinstate, modify or revoke the
authorization. Please be aware that if the Corps decides to revoke your authorization you will be
required to remove any discharged fill material and restore the impacted jurisdictional waters, or
re -apply for a new DA authorization.
To the extent that we can determine that the originally permitted project has independent
utility, we may be able to modify the permit accordingly and reinstate the permit as modified.
Furthermore, in the interests of providing a timely review of your application regarding the
additional work and impacts, we request that you finalize your revised development plans,
including impact limits and corresponding compensatory mitigation plan, and submit to this
office at the earliest opportunity with a request to modify the authorization. Upon receipt of the
requisite information the Corps will issue a Public Notice and move expeditiously through the
review process.
We appreciate your prompt attention to this matter and look forward to working with your
group collaboratively to address TIEC's needs as it prepares for the World Equestrian Games. If
you have any questions, please do not hesitate to contact Mr. Steve Kichefski in our Asheville
Regulatory Field Office at [phone], extension 234, or via email
[e-mail].
Sincerely,
'7Z
Kevin P. ders Sr.
Colonel, U.S. Army
District Commander
Copy Furnished:
ClearWater Environmental Consultants, Inc.
Mr. Clement Riddle
32 Clayton Road
Asheville, North Carolina 28801

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Wetlands & Environmental Planning Group
Ms. Amanda Jones
1070 Tunnel Road, Bldg. 1, Suite 10
PMB 283
Asheville, North Carolina 28805
Odom Engineering PLLC
Mr. David Odom
169 Oak Street
Forest City, North Carolina 28043
Roberts & Stevens, Attorneys at Law
Mr. Billy Clarke
301 College Street, Suite 400
Asheville, North Carolina 28802
NC Division of Wildlife Resources
Ms. Andrea Leslie
20830 Great Smoky Mountain Expressway
Waynesville, North Carolina 28786
NC Division of Water Resources
401 Buffer and Permitting Branch
Ms. Jennifer Burdette
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
NC Division of Water Resources
Asheville Regional Office
Mr. Andrew Moore
2090 U.S. 70 Highway
Swannanoa, North Carolina 28778-8211
N.C. State Historic Preservation Office
Ms. Renee Gledhill -Earley
4617 Mail Service Center
Raleigh, North Carolina 27699-4617
U.S. Fish and Wildlife Service
Asheville Field Office
Mr. Byron Hampstead
160 Zillicoa Street, Suite B
Asheville, North Carolina 28801

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Mr. Todd Bowers
U.S. EPA Region 4
61 Forsyth Street, S.W.
9T25
Atlanta, Georgia 30303-8960

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Bcc:
CESAW-OC/Pruitt
CESAW-RG/McLendon
CESAW-RG/Wicker
CESAW-RG-A/Jones
CESAW-RG-A/Ki chefski