PUBLIC NOTICE
Issue Date: February 21, 2017
Comment Deadline: March 22, 2017
Corps Action ID Number: SAW-2013-02262
On January 11, 2017, a Department of Army (DA) permit verification was issued to Tryon
Equestrian Partners, LLC, to permanently impact 446 linear feet and temporarily impact 120
linear feet of unnamed tributaries (UT’s) to 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 (Tryon Equestrian) southeast of the intersection of Pea
Ridge Road and U.S. Highway 74, northeast of Tryon in Polk County, North Carolina. During an
on-site meeting conducted January 26, 2017, Tryon Equestrian provided the Wilmington District,
Corps of Engineers (Corps) and other state and federal agencies an updated project proposal that
includes additional stream and wetland impacts primarily associated with the continued
development of their facility, in order to host the World Equestrian Games scheduled to occur in
September 2018.
This new proposal significantly changed the circumstances under which the Corps’ Statement of
Findings and Environmental Assessment were based upon during the most recent permit review.
The disclosure of these new impacts invalidated the Corps’ prior determination of a single and
complete project, and voided some of the avoidance and minimization criteria provided in the
alternatives analysis. By letter dated February 3, 2017, the Tryon Equestrian permit was
suspended pending the evaluation of a permit modification package. By letter dated February 15,
2017, and in response to the applicants request dated February 10, 2017, the Corps agreed to
reinstate some of the previously authorized impacts, specifically UCl, UC3, UC4 and UC5
totaling 120 linear feet of temporary impact.
On February 16, 2017, the Corps received the modified application package seeking DA
authorization to impact 3,929 linear feet of UT’s of White Oak Creek and 0.09 acres of
jurisdictional wetlands. This modification request includes the originally authorized impacts to
446 linear feet of stream (known as E1 and E2) associated with the Tryon Equestrian facility
which has expanded to encompass 1,405-acres.
Specific plans and location information are described below and shown on the attached plans.
This Public Notice and all attached plans are also available on the Wilmington District Web Site
at http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
Applicant: Mr. Jeff Brown
Tryon Equestrian Partners, LLC
2659 Sandy Plains Road
Tryon, North Carolina 28782
AGENT: Mr. Clement Riddle
ClearWater Environmental Consultants, Inc.
32 Clayton Road
Asheville, North Carolina 28801
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or deny
the proposed work pursuant to applicable procedures of the following Statutory Authorities:
Section 404 of the Clean Water Act (33 U.S.C. 1344)
Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413)
Location
From U.S. Highway 74 take the Pea Ridge Road Exit (Exit 170). Turn south on to Pea Ridge
Road and the site is immediately to the south. In general, the site is bordered to the north by Pea
Ridge Road and to the south and east by Sandy Plains Road. White Oak Creek bisects the site
generally east to west.
Project Area (acres): 1,405 Nearest Town: Tryon
Nearest Waterway: UTs White Oak Creek and Latitude and Longitude: 35.274474 N
White Oak Creek -82.055471 W
River Basin: Upper Broad (03050105)
Existing Site Conditions
The Tryon Equestrian project site consists of 1,405-acres of the equestrian facilities (arenas,
barns, track), commercial facilities, residential lots and roads, undeveloped wood land, a partially
finished (12 holes) golf course, approximately 6 single-family homes, and approximately 3 miles
of roads. In general, elevations range from approximately 966 feet above mean sea level (MSL)
on the northern portion of the property to 760 feet above MSL on the southeastern portion of the
property (Figure 2). There are eleven natural communities present on site which includes over
66,000 linear feet of stream channel, 21-acres of wetlands and 4 acres of open water ponds. Each
community is described in further detail below.
Pine Plantation - There are several areas on the project site composed of planted pine plantation.
The pines are primarily Virginia pine (Pinus virginiana) and loblolly pine (Pinus taeda). These
trees range in age from approximately five to thirty years old. These areas have been planted in
dense rows or densely seeded patches and almost completely shade out other forms of
vegetation. Drought tolerant ferns such as bracken fern (Pteridium aquilinum) and ebony
spleenwort (Asplenium platyneuron) were observed but uncommon. Common greenbriar (Smilax
rotundifolia) was also occasionally observed.
Pine-Oak-Heath - This habitat occurs on south facing slopes and on the tops of ridges on site.
Flat areas in the uplands on the southern side of the site contain various successional stages of a
pine-oak-heath habitat. The canopy layer is dominated by Virginia pine, loblolly pine, red oak
(Quercus rubra), and white oak (Quercus alba). Saplings of the species listed above along with
flowering dogwood (Cornus florida), American holly (Ilex opaca), and red maple (Acer rubrum)
dominate the midstory of this area. Shrub species observed include blueberry (Vaccinium
pallidum), deerberry (Vaccinium stamineum), and sassafras (Sassafras albidum). Vines observed
included white leafed greenbriar (Smilax glauca), sawtooth greenbriar (Smilax bona-nox), and
common greenbriar. The herb layer is sparse and is comprised of composites such as goldenrod
(Solidago spp.) and whorled coreopsis (Coreopsis major). Xeric ferns such as bracken fern are
occasional.
Montane Oak-Hickory/Dry Oak-Hickory - This habitat is found on sites with dry to mesic slopes
and partly sheltered ridgetops at moderate to fair elevations. The overstory of this community is
dominated by white oak, red oak, Southern red oak (Quercus falcata), sweet pignut hickory
(Cayra glabra var. odorata), mockernut hickory (Carya tomentosa), and shagbark hickory
(Carya ovata). Other trees observed were sourwood (Oxydendron arboreum) and tulip poplar
(Liriodendron tulipifera). Conifers such as red cedar (Juniperus virginiana), white pine (Pinus
strobus), Virginia pine, and Canada hemlock (Tsuga canadensis) were observed but rare in this
habitat. Species observed in the midstory include flowering dogwood, and American holly.
Typical shrubs in this habitat include mountain laurel (Kalmia latifolia), great rosebay
rhododendron (Rhododendron maximum), huckleberry (Gaylusaccia baccata), American
hazelnut (Corylus americana), maple leaf viburnum (Viburnum acerifolium), nanny berry
(Viburnum prunifolium), coral berry (Symphoricarpos orbiculatus), blueberry, and deerberry.
Vines such as common greenbriar and sawtooth greenbriar are common. The herb layer is sparse
and patchy. Common members include false Solomon’s seal (Smilacina racemosa), false yellow
foxglove (Aureolaria flava), goldenrod, whorled coreopsis, spotted wintergreen (Chimaphila
maculatum), woodland sedge, (Carex rosea), panic grasses (Panicum spp.,) and Virginia
snakeroot (Aristolochia serpentaria).
Rich Cove Forests (Montane Intermediate Subtype) - This habitat occurs in mesic forests at low
to mid elevations. Usually found on lower concave slopes and flats above streams. Many trees in
this habitat are shared with the dry oak-hickory list such as red oak, blackjack oak (Quercus
marilandica), scarlet oak (Quercus coccinea), chestnut oak (Quercus prinus), white oak,
mockernut hickory, sweet pignut hickory, and shagbark hickory. Additional members observed
in the Rich Cove Forest are Canada hemlock, red elm (Ulmus rubra), basswood (Tilia
americana), and buckeye (Aesculus octandra). Herbaceous plants that occur on steep slopes
above the floodplain of White Oak Creek include bloodroot (Sanguinaria canadensis), mayapple
(Podophyllum peltatum), Indian cucumber root (Medeola virginiana), trilliums (Trillium spp.),
rattlesnake plantain (Goodyera pubescens), and Christmas fern (Polystichum acrostichoides).
Other herbs observed that are typical of rich coves include black cohosh (Cimicifuga racemosa),
American ginseng (Panax quinquefolia), mountain mints (Pycnanthemum spp.), wild comfrey
(Cynoglossum virginianum), beech fern (Thelypteris hexaganoptera), Southern lady fern
(Athyrium filix-femina), maidenhair fern (Adiantum pedatum), Solomon’s seal (Polygonatum
biflorum), wild geranium (Geranium maculatum), and Jack-in-the-pulpit (Arisaema triphyllum).
Montane Mafic Cliffs - This community is defined as steep to vertical slopes on metamorphic,
basic igneous, or mafic rock. This habitat is in the northwest section of the site just north of
White Oak Creek and consists of large boulders and exposed rock faces. A closed tree canopy
was lacking in this area but saplings of Canada hemlock, hackberry (Celtis laevigata), and hop
tree (Ptelea trifoliata) were present. An understory dominated by vines such as common
greenbriar, Virginia creeper (Parthenocissus quinquefolia), and poison ivy (Toxicodendron
radicans) was observed. Herbs such as wild comfrey, spotted St. John’s wort (Hypericum
punctatum), and resurrection fern (Polypodium sp.) were scattered.
Montane Alluvial Forest (Large River Subtype) - This habitat is found on the floodplains
surrounding White Oak Creek and its major tributaries. Dominant trees observed in this habitat
include green ash (Fraxinus pensylvanicum), sweetgum (Liquidambar styraciflua), sycamore
(Platanus occidentalis), four wing silverbell (Halesia tetraptera), river birch (Betula nigra),
basswood, ironwood, and red maple. Dominant shrubs in this habitat include hop tree, button
bush (Cephalanthus occidentalis), spicebush (Lindera benzoin), bubby bush (Calycanthus
floridus), tag alder (Alnus serrulata), elderberry (Sambucus canadensis), black willow (Salix
nigra), yellowroot (Xanthorhhiza simplicissima), rivercane (Arundinaria gigantea), Virginia
willow (Itea virginica), and silky dogwood (Cornus amomum). Vines observed include Virginia
creeper, poison ivy, and Japanese honeysuckle (Lonicera japonica). Examples of herbaceous
species in the alluvial forest include orange jewelweed (Impatiens capensis), pokeweed (Phytolacca
americana) tear thumb (Polygonum sagittatum), and Halberd leafed violet (Viola hastata).
Wetlands - The wetlands on this site are composed of non-alluvial bottomland hardwood
depressions and stream head seeps. Dominant trees such as green ash, red maple, and black
willow are common but patchy along the wetlands. Most shrubs were observed on hummocks
and include species such as Virginia willow, elderberry, silky dogwood, spicebush, tag alder, and
yellowroot. Other shrubs such as swamp haw (Viburnum nudum) were uncommon. The
understory is composed of dominant species such as microstegium (Microstegium vimineum),
downy lobelia (Lobelia pubera), orange jewelweed, stinging nettle (Urtica dioca), ironweed
(Vernonia novaeboracensis), and green coneflower (Rudbeckia lacinata). Emergent herbs such
as arrow leaf arum (Peltandra virginica) and spatterdock (Nuphar luteum) are found in lower
areas associated with flooding. The sedge and grass species are dominant in the herb layer and
cover most of the understory. Common sedges observed include shallow sedge (Carex lurida),
fringed sedge (Carex crinita), hop sedge (Carex lupilina), and pointed broom sedge (Carex
scoparia). Rushes such as false nutsedge (Cyperus strigosus) and woodland bulrush (Scirpus
expansus) were also observed. Small patches of ferns observed include cinnamon fern (Osmunda
cinnamomea) and netted chain fern (Woodwardia areolata).
Stream Bank and Riparian - These freshwater habitats include the streambeds and banks of White
Oak Creek, and its unnamed tributaries. White Oak Creek flows through the site, while other
unnamed tributaries have their origins in seeps and springs on site. Permanently rooted aquatic
plants are practically non-existent in swift streams such as those on site. Most streams are incised
and are bordered by hardwood forests dominated by tulip poplar, red maple, sweetgum, buckeye,
and river birch. In addition to saplings of the above trees, species commonly observed in the shrub
layers along streams include great rhododendron, mountain laurel, and spicebush. The streamside
herbaceous layer includes microstegium, southern lady fern, heart-leaf (Hexastylis spp.), and
Christmas fern. Sedge species such as shallow sedge, fringed sedge, and foxtail sedge (Carex
vulpinoidea) are scattered along the banks.
Clear Cut/Power Line and Gas Rights-of-Way - This habitat is seasonally cut and maintained
through mechanical means such as mowing and bush hogging. Most of this man-made habitat is
located in areas that were previously Montane Oak-Hickory or Pine-Oak-Heath, and it resembles
an old field successional site. Some early successional tree saplings and shrubs exist but this site
is dominated by herbs and grasses. Trees such as red maple, blackjack oak, scarlet oak, southern
red oak, white oak, chestnut oak, red cedar, black locust (Robinina pseudacacia), and tree-ofheaven
(Ailanthus altissima) are on the right-of-way edge as the forest edge takes over. Shrubs
observed in this habitat include black raspberry (Rubus occidentalis), wineberry (Rubus
phoenicolasius), mountain laurel, great rhododendron, and American hazelnut. Herbs and grasses
dominate this habitat and species observed include goldenrods, whorled coreopsis, hoary
mountain mint (Pycnanthemum incanum), butterfly weed (Asclepias tuberosa), ironweed, Queen
Anne’s lace (Daucus carota), alternate leaf wing stem (Verbesina alternifolia), and crownbeard
(Verbesina occidentale). Other less common plants included butterfly pea (Clitoria mariana),
fleabane (Erigeron philadelphicus), evening primrose (Oenothera biennis), sunflowers
(Helianthus spp.), Indian plantain (Cacalia muhlenbergii), and round leaf eupatorium
(Eupatorium rotundifolium).
Montane Alluvial Clear Cut and Existing/Future Golf Course - This habitat is on the floodplain
of White Oak Creek. It will be constantly cut and maintained as an official golf course. Tree,
shrub, and stump removal has resulted in a lack of overhead canopy. It is being converted to
uniform lawn and sand traps. Grass species such as Bermuda (Cynodon dactylon), fescue
(Festuca sp.), blue grass (Poa spp.), broom sedge (Andropogon virginicus), and Foxtail millet
(Setaria sp.) have been sown.
Landscaped Areas and Residential Lawns - Turf grass or maintained lawns were identified on
certain areas around the Tryon Equestrian facility. This includes a number of completed
residential lawns, maintained grass medians, and landscaped areas. These areas undergo regular
mowing and maintenance. Vegetation in these areas was dominated by a variety of introduced
grasses including perennial ryegrass (Lolium perenne), redtop (Agrostis gigantea), red fescue,
bluegrass, and fescue. Other common herbaceous species included dandelion (Taraxacum
officinale), lyre-leaf sage (Salvia lyrata), common plantain (Plantago major), lance leaf plantain
(Plantago lanceolata), and white clover (Trifolium repens).
6
The project site is located within the Piedmont physiographic region of North Carolina and more
specifically the Southern Inner Piedmont Ecoregions. Three soil associations are present on site:
the Pacolet-Madison-Rion association, the Pacolet-Bethlehem-Rion association, and the
Riverview-Chewacla-Buncombe association. The Pacolet-Madison-Rion association and the
Pacolet-Bethlehem-Rion association are classified as gently sloping to steep, well drained soils.
These associations are found on piedmont uplands. The Riverview-Chewacla-Buncombe
association is classified as nearly level and gently sloping, somewhat poorly drained to
excessively drain soils. This soil association is found on floodplains. Soil series present on site
include: Buncombe, Cecil, Chewacla, Grover, Madison, Pacolet-Bethlehem complex, Rion-
Ashlar-Rock outcrop, Rion-Cliffside complex, Skyuka, and Wehadkee.
Wildlife species inhabiting the site include those typically found in the forest types of the region
previously described above. Although site-specific studies and inventories documenting species
utilization of the Tryon Equestrian project area have not been conducted, general observations of
fish and wildlife use were recorded during the wetland and stream delineation; and the threatened
and endangered species assessments.
In 2013, Tryon Equestrian Partners purchased approximately 417 acres adjacent to John Shehan
Road which has become the main site for the equestrian facilities. The Corps issued a
Nationwide Permit 39 (Action ID SAW-2013-02262) for 290 linear feet of permanent stream
impact and 5 linear feet of temporary stream impacts associated with development of Phase I of
the equestrian facilities on December 23, 2013.
Tryon Equestrian includes approximately 935 acres of property previously known as White Oak
Plantation. White Oak Plantation was planned as an 18-hole golf course community with
equestrian oriented amenities. In 2012, the local bankruptcy court ordered the auction of White
Oak Plantation. At that time, approximately 29 lots were sold and approximately 6 houses were
constructed in the original development.
In December of 2005, the Corps issued Nationwide Permits 12 and 13 for bank stabilization and
a water intake on White Oak Creek under Action IDs SAW-2006-30110 and SAW-2006-30195.
In June of 2006, the Corps issued Nationwide Permit 39 (Action ID SAW-2006-32154) for two
permanent road crossings impacting 139 linear feet of stream, 12 temporary road crossings to aid
in utility installation, and 12 utility line crossings. This Nationwide Permit was re-authorized and
modified in November of 2008. The modification authorized a cumulative total of 150 linear feet
of permanent stream impacts; however, only 115 linear feet of permanent impacts were
completed. In February of 2009, the Nationwide Permit 12 was re-authorized for 165 linear feet
of temporary stream impacts and 0.008 acre of temporary wetland impacts.
Additional property has been added to the Tryon Equestrian facility as parking areas, including a
24 acre (North Parcel) and a 73 acre (Parcel P106-23) respectively. The 24 acre parcel is located
on the north side of Hwy 74 at the Pea Ridge Road interchange and has already been graded and
includes existing gravel parking areas. There is a stream channel located in the southern portion
of the site that has been left wooded/undisturbed. The 73 acre parcel is located to the south of the
Tryon Equestrian facility and across White Oak Creek. This area is predominately wooded with
Virginia pine and loblolly pine. These trees range in age from approximately five to thirty years
old. These areas have been planted in dense rows or densely seeded patches and almost
completely shade out other forms of vegetation. Drought tolerant ferns such as bracken fern and
ebony spleenwort were observed but uncommon. Common greenbriar was also occasionally
observed. There is a stream channel that begins in the southwestern portion of the property.
Applicant’s Stated Purpose
The project purpose is the continued development of the Tryon International Equestrian Center
as a mixed-use residential and commercial resort development that is capable of hosting the
World Equestrian Games.
Project Description
Tryon Equestrian is a 1,405-acre equestrian-based development with multiple programming
components some of which have been constructed and some of which are currently under
construction. The individual programming components and their current state of development
(e.g. constructed, undergoing construction, and proposed/future pending permit authorization) is
depicted in the corresponding plan/figure package. In general, the area properly known as the
Tryon International Equestrian Center (i.e. ‘main facility’) is approximately 100-acres and is
comprised of a densely developed area for equestrian sporting to include competition
fields/arenas and barns/stables which are serviced by restaurants, shops and parking. There are
multiple types of structures/facilities within this area to include:
• A 1.76-acre main stadium arena that seats 6,000 spectators but plans include expanding
this seating capacity to 13,500.
• A 3.5-acre secondary arena of all-weather footing.
• An 8.3-acre engineered grass ring on a special blend of all-weather footing.
• Six practice rings with all-weather footing with covered viewing areas for both spectators
and horses at each ring.
• A 2.5-acre arena is currently being enclosed to support full indoor activities and will be
configured to seat up to 5,000 spectators around the ring.
• Seven permanent barns.
• 1,056 stalls (10’x12) equipped with mats, fans, tack management, and wash stalls.
• 115 lockable tack rooms.
Additional residential and commercial development is currently on-going throughout different
areas of the property. The area immediately to the north of the main facility is approximately 45-
acres and is being actively graded for a mixed-use development to include multiple hotels,
restaurants, retail, cinema, fitness/sports complex, a chapel, town homes, condominiums, and a
welcome/visitor center. The re-location of the Pea Ridge Road and Sheehan Road off from Hwy
74 is currently being constructed in this area and will include a roundabout to facilitate traffic
to/from Hwy 74 which is the main access point to the site.
There are also various types of semi-permanent and permanent residential housing spread near
the main facility and throughout the project area as well. Currently, there are RV parking/hookups
that can be rented weekly along with a planned log cabin rental community in which six
cabins have already been constructed. Included in this plan is the construction of another log
cabin rental community and several areas associated with development of ‘farmettes’. The
farmettes are private residences that range in size from 5 to 10 acres and include a private riding
arena and stables/barns for each farmette that are in close proximity to the main facility. Also as
previously mentioned in the background/project history, Tryon Equestrian also purchased the
abandoned White Oak Plantation residential development and golf course. The golf course has
been abandoned and will be re-developed at some point in the future. There is also a 100-mile
cross-country course for recreational and competitive equestrian events that is located throughout
this portion of property. Currently there is an ‘olympic village’ planned near the western
boundary of the project area that will serve as temporary offices/stations for international
competitors during the Games. This area will ultimately be converted to farmettes in the future,
post-Games.
Additional expansion and subsequent future impacts to stream channels and wetlands on the site
were always a possibility; however, the timeline for this expansion and subsequent impacts was
greatly accelerated due to the facilities approval to host the 2018 World Equestrian Games.
These Games are held world-wide at a select number of facilities every four years. Tryon
Equestrian was notified that it would host the 2018 Games in November 2016 during the
finalization of the previous permit request. Tryon Equestrian was chosen to host the Games due
to the existence of a substantial portion of the needed infrastructure already in place and the
presence of this infrastructure centrally located in one place (versus events being spread
throughout the region). Over 500,000 spectators and participants are expected to attend the
Games over this two-week period.
The Games are comprised of 7 categories of events (e.g. disciplines) that will occur over a twoweek
period in September 2018 to include Show Jumping/Dressage, Eventing/Driving,
Reining/Vaulting/Para, and Endurance. In addition to the basic direct needs to support these
events (i.e. fields, arenas, and stables/barns), support infrastructure such as bathrooms, spectator
seating, parking, and a WEG ‘olympic village’ are also needed. In order to accommodate these
sporting events/competitions and the venue support infrastructure, the preferred plan includes the
construction of an additional multi-purpose field and spectator viewing/parking, restrooms, and
concessions. Also, in order to provide additional on-site hotel accommodations for the Games
and for future use by visitors to the facility/area, impacts are proposed to stream channels
associated with the construction of parking areas to serve this new on-site hotel.
The recently approved permit authorized 446 linear feet of permanent stream channel impacts for
the expansion of the largest stadium/arena on the site to allow for parking and access for this
field and overall road access to the eastern side of the facility. This portion of the recently
approved permit remains suspended. This impact is still needed along with additional impacts
totaling 3,483 linear feet of stream channel. Approximately 1,608 linear feet is associated with
the construction of an additional 650’ X 500’ (7.5-acre) multi-purpose field in the area adjacent
to where the recently approved impacts were authorized. An additional 1,875 linear feet of
stream channel is also needed for the construction of parking areas to service one of the recently
proposed on-site hotels and two additional barns. Please refer to the Impact Overview Map in the
corresponding plan/figure package.
Table 1: Summary of Proposed & Cumulative Impacts
Currently Proposed
Impact Label Stream
(Permanent)
Stream
(Temporary)
Wetland
(Permanent)
E1*- Multipurpose Field 393 lf -------- --------
E2* - Multipurpose Field 53 lf -------- -------
E3- Multipurpose Field 1,608 lf -------- --------
E4 – Hotel Parking 803 lf -------- 0.09 acre
E5 – Barns/Parking 1,072 lf -------- ---------
-------
Currently Proposed Total 3,929 lf 120 lf 0.09 acre
Previously Permitted/Completed
UC (Utility Crossings 1, 3, 4, 5) --------- 120 lf -------
P6** 290 lf --------- ---------
WO1-3*** 115 lf --------- --------
Cumulative Total 4,334 lf 120 lf 0.09 acre
*E1 and E2 were previously authorized by permit dated January 11, 2017, but was suspend due to
pending modification for impacts included in this request (E3, E4, and E5).
** Previously approved impact under AID: 2013-02262 for the equestrian center which was mitigated for.
***Road crossings impacts associated with White Oak Plantation authorized under AID: 2006-32154-375
but were not mitigated for but is being mitigated for with this application.
As noted in the above table, Impacts E1 and E2 were previously authorized and associated with
the expansion of parking areas adjacent to the main stadium and a portion of this impact is still
need for parking adjacent to the main stadium; however, now a majority of the impacts are
associated with an adjacent multi-purpose field. An additional multipurpose field is needed to
host the World Equestrian Games and future competitive events. This field will be a grassed 500’
X 650’ (7.5 acres) arena to serve multiple competitive events during the Games and for future
use. There will also be spectator stands, concessions, and restroom facilities constructed around
the field to provide the support infrastructure needed for the Games. During the Games, this field
will serve as the starting point for a 100-mile cross-country endurance event. There will also be
an additional entrance road constructed along the eastern side and to the south of the field that
will provide access to the main facility during the Games and beyond. This road will intersect
Pea Ridge Road and will be one of the two main ingress/egress points for the facility during the
Games and beyond. Total permanent impacts associated with the construction of parking for the
main stadium, this new multi-purpose field, ancillary structures and road access is 2,054 linear
feet of stream channel.
There are several hotels being constructed as part of the mixed-use commercial development
plan for the site and in order to provide additional on-site guest housing during the Games. A
4-story, 250-guest hotel will be constructed near the main facility in an area that is currently
developed/surrounded by RV rental facilities. There is an existing lodging check-in building that
will be expanded as part of this new hotel facility. Accessible parking will be needed for guests
and employees for this hotel. Current county ordinance require that parking spaces be provided
at a ratio of 1:1 per room and 1:3 for employees therefore the required number of spaces to serve
this hotel is approximately 280 spaces. Currently, the Polk County ordinance also requires that
parking not be more than 400-feet from the hotel. Based on these requirements an overall
planning to meet the project purpose/need, approximately 803 linear feet of stream channel and
0.09 acre of wetlands is proposing to be filled to provide adequate parking for this hotel.
Two additional barns and approximately 220 horse stalls were determined to be needed based on
expected/comparable participation in previous Games compared with the current number of
barn/stalls available at Tryon Equestrian. Adjacent parking to these barns is also needed so that
trailers can be parked near the occupied stalls. Approximately 1,072-linear feet of stream channel
is proposed to be filled associated with this impact.
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or minimize
impacts to the aquatic environment:
In preparing the master plan, Tryon Equestrian Partners, LLC considered a variety of constraints,
including impacts to streams and wetlands. The applicant has avoided and minimized impacts to
streams and wetlands to the greatest extent practicable and feasible while still accomplishing
their overall project purpose.
Prior to the submittal of 2015 individual permit application, the applicant had considered several
site layouts, which included impacts to significantly more streams than the original proposed
plan. The applicant conducted meetings with regulatory agency personal where two specific
equestrian center plans were presented. A first plan developed in June of 2013 included the
same basic equestrian components; however, proposed impacts were 9,249 linear feet of stream
and 0.33 acres of wetlands. A second site plan was completed in July of 2013. This plan also
included the same basic equestrian components; however, impacts were reduced. Impacts
associated with the second site plan included 4,022 linear feet of stream and 0.06 acres of
wetland. Plan changes and reduction of impacts were in response to consultant and agency
comments. The 2015 individual permit application included a “farmette” plan with 1,287 linear
feet of stream impact which during was later reduced to 446 linear feet of stream impact. Also,
based on the 2015 permit submittal and coordination, the applicant agreed to eliminate all road
crossing impacts in the residential portions of the former White Oak Plantation which avoided
impacts to another 462 linear feet of stream channels.
In the residential portion of the existing White Oak Plantation, bridges will also be used for road
and cart path crossings in some locations. The golf course will be completed with no new
impacts to jurisdictional waters.
Because the site is covered in long linear stream segments, it would be impossible to avoid all
streams while continuing to maintain a rational project design and the flexibility needed to
construct a large-scale master planned community with a lengthy build out period.
A summary of the avoidance and minimization that has taken place on site is as follows:
Feature On-Site Totals
Cumulative Proposed
Permanent Impacts Percent Avoided and Minimized
Stream 66,585 4,334 93.5
Wetland 21.40 0.09 99.6
Open Water 4.04 0 100
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
Upon completion and implementation of practical avoidance and minimization efforts, a total of
3,929 linear feet of permanent stream impacts and 0.09 acre of permanent wetland impacts
associated with the development of Tryon Equestrian are unavoidable and included in this
modified permit request. Approximately 290 linear feet of stream impact was mitigated for
associated with the Nationwide Permit 39 issued for the equestrian facilities (Action ID 2013-
02262) and therefore is not included in the table below. Also, the 115 linear feet of stream
channel impacts that were previously authorized but not mitigated for is being compensated for
with this mitigation plan. Total stream channel impacts that require compensatory mitigation are
4,044 linear feet. Unavoidable stream impacts will be mitigated for at a compensatory mitigation
ratio of 2:1 based on the good quality of the stream channels.
The following is a summary of the basic mitigation requirement for the proposed project:
Mitigation Required
Type of Impact Impact (LF) Compensatory
Mitigation Ratio (x:1)
Basic Mitigation
Requirement (LF)
Equestrian Center - E1 393 2 786
Equestrian Center – E2 53 2 106
Equestrian Center – E3 1,608 2 3,216
Equestrian Center – E4 803 2 1,606
Equestrian Center – E5 1,072 2 2,144
WO1-3 115 2 2,30
Total Impacts Requiring
Mitigation 4,044 Total Mitigation
Requirement 8,088
The applicant is proposing to mitigate for 4,044 linear feet of stream channel impacts at a 2:1
ratio through off-site permittee responsible mitigation at the Harmon Dairy in Polk County. The
Harmon Dairy mitigation site (Phase 1 and 2) will provide 7,080 mitigation credits. The
remaining balance of required stream mitigation (1,008 lf.) will be acquired from NCDMS, an
approved mitigation bank, or other permittee responsible project.
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A site visit of the proposed mitigation site was conducted with the regulatory agencies on
January 26, 2017. Phase 1 of the Harmon Dairy Mitigation site was reviewed and approved in
previously approved/suspended Corps permit and will mitigate for stream impacts E1, E2, and
WO1-3. Phase 2 of the Harmon Dairy will provide 5,954 stream mitigation credits. Completion
of the mitigation plan for Phase 2 of the Harmon Dairy is in progress and will be submitted to the
regulatory agencies for review as soon as possible.
Essential Fish Habitat
Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, this Public
Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The Corps’ initial
determination is that the proposed project would not effect EFH or associated fisheries managed
by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33
CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the
District Engineer consulted district files and records and the latest published version of the
National Register of Historic Places and initially determines that:
Should historic properties, or properties eligible for inclusion in the National Register, be
present within the Corps’ permit area; the proposed activity requiring the DA permit (the
undertaking) is a type of activity that will have no potential to cause an effect to an
historic properties.
No historic properties, nor properties eligible for inclusion in the National Register, are
present within the Corps’ permit area; therefore, there will be no historic properties
affected. The Corps subsequently requests concurrence from the SHPO (or THPO).
Properties ineligible for inclusion in the National Register are present within the Corps’
permit area; there will be no historic properties affected by the proposed work. The Corps
subsequently requests concurrence from the SHPO (or THPO).
Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps’ permit area; however, the undertaking will have no adverse
effect on these historic properties. The Corps subsequently requests concurrence from the
SHPO (or THPO).
Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps’ permit area; moreover, the undertaking may have an adverse
effect on these historic properties. The Corps subsequently initiates consultation with the
SHPO (or THPO).
The proposed work takes place in an area known to have the potential for the presence of
prehistoric and historic cultural resources; however, the area has not been formally
surveyed for the presence of cultural resources. No sites eligible for inclusion in the
National Register of Historic Places are known to be present in the vicinity of the
proposed work. Additional work may be necessary to identify and assess any historic or
prehistoric resources that may be present.
The District Engineer’s final eligibility and effect determination will be based upon coordination
with the SHPO and/or THPO, as appropriate and required, and with full consideration given to
the proposed undertaking’s potential direct and indirect effects on historic properties within the
Corps-identified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area, examined
all information provided by the applicant and consulted the latest North Carolina Natural
Heritage Database. Based on available information:
The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
The Corps determines that the proposed project may affect, not likely to adversely affect
federally listed endangered or threatened species or their formally designated critical
habitat.
The following federally listed threatened species may occur at the project site.
Common Name Scientific Name
Northern Long-Eared Bat (NLEB) Myotis septentrionalis
Dwarf Flowered Heart-Leaf Hexastylis naniflora
Habitat assessments for the project site were conducted in 2007 and November of 2014.
Although habitat assessments were completed in 2007 and 2014, associated reports were
not completed. A definitive identification of Hexastylis naniflora could not be made.
These plants are located in the residential portion of the property and will not be
impacted by construction.
The Corps initiates informal consultation with USFWS under Section 7 of the ESA and
will not make a permit decision until the consultation process is complete.
The Corps is not aware of the presence of species listed as threatened or endangered or
their critical habitat formally designated pursuant to the Endangered Species Act of 1973
(ESA) within the project area. The Corps will make a final determination on the effects of
the proposed project upon additional review of the project and completion of any
necessary biological assessment and/or consultation with the U.S. Fish and Wildlife
Service and/or National Marine Fisheries Service.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate State
agencies for review.
North Carolina Division of Water Resources (NCDWR): The Corps will generally not make a
final permit decision until the NCDWR issues, denies, or waives the state Certification as
required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and
this public notice, combined with the appropriate application fee, at the NCDWR Central Office
in Raleigh constitutes initial receipt of an application for a 401 Certification. A waiver will be
deemed to occur if the NCDWR fails to act on this request for certification within sixty days of
receipt of a complete application. Additional information regarding the 401 Certification may be
reviewed at the NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury
Street, Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding
the application for a 401 Certification should do so, in writing, by August 7, 2015 to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
The application did not include a certification that the proposed work complies with and
would be conducted in a manner that is consistent with the approved North Carolina
Coastal Zone Management Program. Pursuant to 33 CFR 325.2(b)(2) the Corps cannot
issue a Department of Army (DA) permit for the proposed work until the applicant
submits such a certification to the Corps and the NCDCM, and the NCDCM notifies the
Corps that it concurs with the applicant’s consistency certification. As the application
did not include the consistency certification, the Corps will request, upon receipt,,
concurrence or objection from the NCDCM.
Based upon all available information, the Corps determines that this application for a
Department of Army (DA) permit does not involve an activity which would affect the
coastal zone, which is defined by the Coastal Zone Management (CZM) Act (16 U.S.C.
§ 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts
including cumulative impacts of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The benefit
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which reasonably may be expected to accrue from the proposal must be balanced against its
reasonably foreseeable detriments. All factors which may be relevant to the proposal will be
considered including the cumulative effects thereof; among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife
values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of the
impact of the activity on the public interest will include application of the Environmental
Protection Agency’s 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidated State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the Corps of Engineers to
determine whether to issue, modify, condition or deny a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species, historic properties, water
quality, general environmental effects, and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider the application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing. Requests for a public hearing shall be
granted, unless the District Engineer determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to the
proposed work, as outlined above, until 5pm, March 22, 2017. Comments should be submitted to
Mr. Steve Kichefski, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208,
Asheville, North Carolina 28801-5006, at (828) 271-7980, ext. 4234.