HomeMy WebLinkAbout20131200 Ver 5_Approval Letter_20170901Water Resources
ENVIRONMENTAL QUALITY
September 1, 2017
Tryon Equestrian Partners, LLC
Attn: Mr. Jeff Brown
4066 Pea Ridge Road
Mill Spring, NC 28756
ROY COOPER
Governor
MICHAEL S. REGAN
Secretaq
S. JAY ZIMMERMAN
Diredor
DWR # 13-1200 v5
Polk County
Subject: Approval of Individual 401 Water Quality Certification` with Additional
Conditions
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 September 1, 2017. This Certification replaces the
Certification #4047 issued on November 14, 2016 and the General. Certification for
Phase 1 of the Harmon Dairy Stream Restoration Project (DWR #17-0158) issued
on March 3, 2017. 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.com/ or by calling the
OAH Clerk's Office at (919) 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
OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm,
excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, 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.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tryon Equestrian Partners, LLC
DWR# 13-1200 v5
Individual Certification #4047
Page 2 of 11
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 Department of Environmental
Quality:
William F. Lane, 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. Contact Andrew Moore at 828-296-4684 or
and rew.moore(aD-ncdenr.gov or Jennifer Burdette at 919-807-6364 or
Jennifer. burdettea-ncdenr.gov if you have any questions or concerns.
Sincerely,
a,1�Nu
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Clement Riddle, ClearWater Environmental Consultants, Inc. (via
clement@cwenv.com)
USACE Asheville Regulatory Field Office
Todd Bowers, EPA (via bowers.todd@epa.gov)
DWR ARO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 131200v5TryonlnternationalEquestrianCenter(Polk)_401_IC_Mod.docx
Tryon Equestrian Partners, LLC
DWR# 13-1200 v5
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 .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 February 20, 2017 and subsequent information on April 3, 2017, June 13,
2017, July 18, 2017, July 28, 2017, August 4, 2017, August 18, 2017, August 28, 2017, and August
31, 2017 and by Public Notice issued by the U. S. Army Corps of Engineers on February 21, 2017
and received by the Division on February 22, 2017.
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:
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
Tryon — E4
0.090 (acre)
0 (acre)
Harmon Dairy' — Phase 1
0.003 (acre)
0 (acre)
Perennial Stream Impacts
E1
393 (linear feet)
0 (linear feet)
E3
1,608 (linear feet)
0 (linear feet)
E4
803 (linear feet)
0 (linear feet)
E5
1,072 (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 v5
Individual Certification #4047
Page 4 of 10
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
RC4/UC4
0 (linear feet)
30 (linear feet)
RC5/UC5
0 (linear feet)
30 (linear feet)
Perennial Stream Totals
3,876 (linear feet)
120 (linear feet)
Intermittent Stream - E2
53 (linear feet)
0 (linear feet)
Stream Restoration
Harmon Dairy' — Phase 1
900 (linear feet)
0 (acre)
Harmon Dairy' — Phase 2
1,775 (linear feet)
0 (linear feet)
Stream Enhancement
Harmon Dairy' — Phase 1
152 (linear feet)
0 (linear feet)
Harmon Dairy' — Phase 2
3,325 (linear feet)
0 (linear feet)
' 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 for the Tryon
International Equestrian Center (3,876 linear feet) as well as unmitigated perennial stream
impacts (115 linear feet) completed under the previous General Certification of White Oak
Plantation for a total of 3,991 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)1:
You have our approval for your proposed final stream
enhancement/restoration/preservation plan for Phase 1 and 2 of the Harmon Dairy Stream
Mitigation Project Site to provide 3,452 stream mitigation units (SMU) from enhancement,
2,823 SMUs from restoration, and 981 from preservation. The stream restoration and
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. [15A NCAC 02H .0506(h)]
Compensatory
River & Sub -basin
Mitigation Required
Number
Tryon Perennial Stream
3,701 (linear feet)
Broad
03050105
You have our approval for your proposed final stream
enhancement/restoration/preservation plan for Phase 1 and 2 of the Harmon Dairy Stream
Mitigation Project Site to provide 3,452 stream mitigation units (SMU) from enhancement,
2,823 SMUs from restoration, and 981 from preservation. The stream restoration and
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. [15A NCAC 02H .0506(h)]
Tryon Equestrian Partners, LLC
DWR# 13-1200 v5
Individual Certification #4047
Page 5 of 10
Monitoring shall be conducted in accordance with the approved mitigation plan dated
August 3, 2017 received by the Division on August 21, 2017. 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)]
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 intensions 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 year for the
previous monitoring year and will be required for 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
andrew.moore@ncdenr.gov at least 5 days prior to installation of the underdrain for the
stream channel at Impact E1 and E3. [15A NCAC 02H .0506(b)(3)]
4. Stormwater Management Plan
The Division approves the SMP consisting of five underground detention systems (Covered
Arena, Village West, North Pond, Middle Pond, South Pond), one set of detention pipes
(Stablehouse South), one wet detention pond (Salamander South), and two dry detention
ponds (Stablehouse North and Salamander North). and all associated stormwater
conveyances, inlet and outlet structures, and grading and drainage patterns depicted on plan
sheets dated August 18, 2017 with subsequent information received by the Division on August
28, 2017 and August 31, 2017, which are incorporated by reference and are enforceable by
the Division. The following conditions also apply [15A NCAC 02H .0506(b)(5)1:
• The maximum allowable drainage area for the each of the approved stormwater
management devices and the maximum allowable built -upon area within that drainage
area are provided in the table below. Any changes to these maximum areas shall
require the applicant to submit and receive approval for a revised stormwater
management plan by the Division. [15A NCAC 02H .0506(b)(5)]
Tryon Equestrian Partners, LLC
DWR# 13-1200 v5
Individual Certification #4047
Page 6 of 10
Stormwater
Management Device
Name
Stormwater Management
Device Type
Maximum
Allowable
Drainage
Area (acres)
Maximum
Allowable
Built -Upon
Area (acres)
Covered Arena
ADS Stormtech Pipe System
24.60
18.83
Village West
ADS Stormtech Pipe System
16.27
4.77
North Pond
(Village East)
ADS Stormtech Pipe System
5.34
4.09
Middle Pond
(Village East)
ADS Stormtech Pipe System
4.18
2.08
South Pond
(Village East)
ADS Stormtech Pipe System
5.31
6.81
Stablehouse South
Detention pipes
2.07
0.94
Salamander South
Wet detention pond
7.17
2.98
Stablehouse North
Dry detention pond
5.36
3.88
Salamander North
Dry detention pond
10.79
4.80
• The footprint of all stormwater management devices as well as an additional 10 -foot
wide area on all sides of the devices shall be located in either: public rights-of-way;
dedicated common areas; or recorded easement areas. The final plats for the project
showing all such rights-of-way, common areas and easement areas shall be in
accordance with the approved plans. [15A NCAC 02H .0506(b)(5)]
• The approved SMP shall be constructed and operational before any permanent
building or other structure is occupied at the site. [15A NCAC 02H .0506(b)(5)]
• The SMP may not be modified without prior written authorization from the Division.
[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 application 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
certification. [15A NCAC 02H .0501 and .05021
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)]:
Tryon Equestrian Partners, LLC
DWR# 13-1200 v5
Individual Certification #4047
Page 7 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.
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 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 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:Hportal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. [15A NCAC 02H .0506(b)(5) and
(c)(5)]
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 of the NC Sediment and Erosion Control Manual, or the NC DOT
Tryon Equestrian Partners, LLC
DWR# 13-1200 v5
Individual Certification #4047
Page 8 of 10
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)]
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 02B .0200]
11. 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.
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)]
Tryon Equestrian Partners, LLC
DWR# 13-1200 v5
Individual Certification #4047
Page 9 of 10
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]
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
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 .05021
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 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.
Tryon Equestrian Partners, LLC
DWR# 13-1200 v5
Individual Certification #4047
Page 10 of 10
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]
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.org/web/wg/swp/ws/401/certsandpermits/apply/forms).
[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 or CAMA 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 1st day of September 2017
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAHAab .
4047