20131200 Ver 5_More Info Requested_20170712

Burdette, Jennifer a
From: Burdette, Jennifer a
Sent: Wednesday, July 12, 2017 3:40 PM
To: Clement Riddle ([e-mail]); '[e-mail]';
'Steven. L. Kichefski @ usace.a rmy.m i I'; Moore, Andrew W; Price, Zan (George)
Subject: Tryon
Attachments: SKMC224e17071215460.pdf
Attached is the Division's request for additional information. Paper copies will be sent as indicated on the
letter.
The links below are referenced in the letter.
Erosion and Sediment Control Planning and Design Manual, Chapter 8
(Appendices). http://ncdenr.s3.amazonaws.com/s3fs-
ir)ublic/Ener2v%2OMineral%20and%2OLand%2OResources/Land%2OResources/Land%200ualitv/Erosi
8=— -----RI YA us]
NRCS National Engineering Handbook, Part 654 Stream Restoration Design, Threshold Channel Design
httjgs://directives.sc.egov.usda.gov/OpenNonWebContent.asjgx?content=17784.wba
Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources - 401 & Buffer Permitting Branch
Department of Environmental Quality
919 807 6364 office
jennifer.burdetteQncdenr.gov
1617 Mail Service Center
Raleigh, NC 27699-1617
(Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9th FIr Archdale Bldg — Room 942F)
Email corresponclence to and fi`orn thio; address o; sut-Yect to t1he
P,Iodhl Carolina Public Records 'Law and may be disclosed to thloird padies,

July 12, 2017
DWR # 13-1200 v5
Polk County
Tryon Equestrian Partners, LLC
Attn: Mr. Jeff Brown
2659 Sandy Plains Road
Tryon, NC 28782
Subject: REQUEST FOR ADDITIONAL INFORMATION
Tryon International Equestrian Center
Dear Mr. Brown:
On February 20, 2017, the Division of Water Resources (Division) received your application
dated February 15, 2017, requesting modification of an Individual Water Quality Certification
from the Division for the subject project. On June 13, 2017, the Division received your response
to our request for additional information issued on April 6, 2017. The Division has determined
that your application remains incomplete and cannot be processed without additional
information. The application is on -hold until all the following information is received:
1. Although Session Law 2017-10 removed the Division's 401 Water Quality Certification
(WQC) requirement for on-site stormwater control measures to provide protection of
downstream water quality standards, it does not apply retroactively to projects or
portions of projects that were required to have a stormwater management plan (SMP)
as a condition of a previously approved 401 WQC. On April 10, 2015, the Division of
Energy, Mineral and Land Resources (DEMLR) approved a SMP as part of the 401 Water
Quality Certification issued February 17, 2014, to Tryon Equestrian Center for the first
phase of the project. Prior to receipt of your response to the Division's request for
additional information, this office believed that these revisions were underway based on
consultation with Annette Lucas in DEMLR. Your response indicated that the overall site
is no longer subject to stormwater management rules and shows that the wetland
pond/level spreader for Area 7 (White Horse Inn Area in the modification request) in the
approved SMP will not be constructed and a parking lot is now proposed in that
location. The first phase of this project is required to meet the conditions of the 401
WQC that was issued for this area. Therefore, you are obligated to treat stormwater
from the amount of built upon area (BUA) included in the approved SMP. New BUA
proposed within the first phase of the project does not require the same level of
treatment required by the approved SMP. However, provide calculations to show that
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
Request for Additional Information
July 12, 2017
Page 2 of 3
the new BUA will not cause failure of the existing stormwater control measures (SCM) or
SCM(s) proposed to replace the wetland pond/level spreader. An equivalent amount of
treatment of new BUA within any of the high-density areas is acceptable in lieu of
treating BUA required by the approved SMP if it's not possible to treat the BUA as
required by the approved SMP with the new development plan. [15A NCAC 02H .0506
(b)(5)]
2. For portions of the project that are outside of the first phase of the project, provide
calculations used to determine that the flows will be at non-erosive velocities based on
the land cover receiving the discharge or will not overwhelm the receiving streams and
cause erosion where direct discharges are proposed. We suggest using the NC Erosion
and Sediment Control Planning and Design Manual, Chapter 8 (Appendices) for non-
erosive velocities based on the receiving land cover and NRCS National Engineering
Handbook, Part 654 Stream Restoration Design, Threshold Channel Design for stream
channels. Links to these references will be emailed to the project consultant and
engineer for their convenience. [15A NCAC 02H .0506 (b)(3) & (4)]
3. The conceptual stormwater plan for the Salamander Hotel directs stormwater runoff to
the northwest and southwest corners of the site. A discharge is not proposed for the
stream channel due west of the facility. In addition to the information requested in
Item #2, explain how the hydrology of this stream channel will be maintained if
stormwater from the stream's watershed is diverted away. [15A NCAC 02H .0506 (b)(3)
& (4)]
4. The proposed plans indicate the culvert leading to the rip rap outlet downstream of the
proposed barns will be installed at a 0.5% slope. Explain how this slope will be achieved
based on topography which appears to show an approximately 50' elevation change
over approximately 120' horizontal feet. [15A NCAC 02H .0506 (b)(3) & (4)]
a. This proposed stormwater culvert also appears to cross a gas line right-of-way.
Is this type of infrastructure allowed within a natural gas line right-of-way?
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending all the above requested information to the 401
& Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617. If all the
requested information is not received in writing within 30 calendar days of receipt of this letter,
the Division will be unable to approve the application and it will be returned. The return of this
project will necessitate reapplication to the Division for approval, including a complete
application package and the appropriate fee.

Tryon Equestrian Partners, LLC
Request for Additional Information
July 12, 2017
Page 3 of 3
Please be aware that you have no authorization under the Section 401 of the Clean Water Act
for this activity and any work done within waters of the state may be a violation of North
Carolina General Statutes and Administrative Code.
Please contact Jennifer Burdette at 919-807-6364 or [e-mail] if you have
any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Clement Riddle, ClearWater Environmental Consultants, Inc (via [e-mail])
Amanda Jones (via [e-mail])
USACE Asheville Regulatory Field Office
DWR ARO file
DWR 401 & Buffer Permitting Branch file
Filename: 131200v5TryonIntEquestrianCenter(PoIk)_401_IC_Mod_Hold 2.docx