20170359 Ver 2_NOV2020SS0015_20200805

DocuSign Envelope ID: 5C067B4C-OE16-4C6C-8EE0-OA836D57E1C9
ROY COOPER
Governor
MICHAEL 5. REGAN
Secretary
S. DANIEL SMITH
Director
August 5, 2020
NORTH CAROL.INA
Environmental duality
CERTIFIED MAIL 70191640 00001354 4290
RETURN RECEIPT REQUESTED
Grandfather Golf and Country Club
Attn: Alan Shuping
2120 Highway 105 South
Linville, NC 28646
Subject: NOTICE OF VIOLATION
and RECOMMENDATION FOR ENFORCEMENT
NOV-2020-SS-0015
DWR Project No. 20170359 v2
Loch Dornie Dredging, Island Enhancements, and Linville River Stabilization
Project
Stream Standard Violation —Turbidity
401 Water Quality Certification (WQC) Conditions
Avery County
Required Response Date: August 19, 2020
Dear Mr. Shuping:
On July 30, 2020, Andrew Moore from the Asheville Regional Office of the Division of Water
Resources (DWR) conducted a site inspection of the subject project and Linville River downstream
of the project in Avery County. Due to time constraints, only a portion of the project was inspected.
The site inspection was initiated in response to complaints of excessive turbidity in the Linville
River downstream of the project. Zach Platek and Pete Gerdon with Grandfather Golf and Country
Club were present for a portion of the inspection.
During the site inspection, no sediment and erosion control measures were observed on the two
newly constructed islands, or in the vicinity of the new event lawn adjacent to the clubhouse. No
turbidity currents were present in the lake.
Water samples were collected from the Linville River in the following locations and analyzed for
turbidity:
• Upstream of the lake
• Below the Primary Spillway at Monitoring Point B
• Tanglewood Cemetery Road
• Highway 105
• Highway 221
D E Q�� North Carolina Department of Environmental Quality � Division of Water Resources
Asheville Regional Office 2090 U.S. Highway 70 � Swannanoa, North Carolina 28778
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DocuSign Envelope ID: 5C067B4C-OE16-4C6C-8EE0-OA836D57E1C9
Grandfather Golf and Country Club
August 5, 2020
Page 2 of 3
• River Road
As a result of the site inspection, file review, and laboratory analysis of water samples, the
following violations were identified:
VIOLATIONS
I. Turbidity — 15A NCAC 02B .0211 (21) —Title 15A NCAC 02B .0211 (21) requires that
"Turbidity: the turbidity in the receiving water shall not exceed 50 Nephelometric
Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams,
lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as
trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due
to natural background conditions, the existing turbidity level shall not be increased." Note
that the Linville River is classified C; Trout from its source to its confluence with
Grandmother Creek and is classified B; Trout from its confluence with Grandmother
Creek to Linville Falls. The water sample results for turbidity in NTU were as follows:
• Upstream of the Lake 2.4
• Below the Primary Spillway at Monitoring Point B 75
• Tanglewood Cemetery Road 55
• Highway 105 50
• Highway 221 40
• River Road 34
II. Individua1401 WQC Condition Violations —Grandfather Golf and Country Club
submitted an Individual Permit application for a U.S. Army Corps of Engineers Section
404 Permit and a North Carolina Individua1401 WQC dated August 26, 2019. DWR
issued a WQC approval letter on December 16, 2019. The WQC issued for the project
impacts specifies the activities must follow all conditions listed therein. The following
condition violations were noted:
Conditions # 5 —The receiving stream shall be monitored for turbidity and
sedimentation throughout the duration of the project. The turbidity standard of 10
NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15A
NCAC 02B .0200.
Condition #7 —All construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act
of 1973).
REQUIRED RESPONSE
Accordingly, you are directed to respond to this letter by August 19, 2020. Your response should
be sent to the attention of Andrew Moore at the footer address or Andrew.W.Moore(a�ncdenr.gov
and should include the following:

DocuSign Envelope ID: 5C067B4C-OE16-4C6C-8EE0-OA836D57E1C9
Grandfather Golf and Country Club
August 5, 2020
Page 3 of 3
1. Please explain why these impacts occurred and the events leading up to, and immediately
following, the removal of the Linville River clean water bypass, including any adjustments
made to the lake valve. You may include any supplemental information (precipitation data,
photos, etc...) you wish DWR to consider.
2. Please explain the corrective actions that have been taken, or will be taken, to bring the site
into compliance with the noted surface water standards and WQC conditions.
3. Daily turbidity readings at monitoring point B shall continue to be reported to DWR until
ground cover is established on all disturbed areas associated with the project and turbidity
values at monitoring point B do not exceed 10 NTUs, or background values, for 5
consecutive days.
Thank you for your attention to this matter. This office requires that the violations, as detailed
above, be abated immediately and properly resolved. Environmental damage and/or failure to
secure proper authorizations have been documented on the subject tract as stated above. Your
efforts to undertake actions to bring the subject site back into compliance is not an admission,
rather it is an action that must be taken in order to begin to resolve ongoing environmental issues.
Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil
penalty assessment of up to a maximum $25,000.00 per day for each violation. Your above -
mentioned response to this correspondence, the degree and extent of harm to the environment,
and the duration and gravity of the violations) will be considered in any civil penalty assessment
process that may occur. Should you have any questions regarding these matters, please contact
Andrew Moore at [phone] or Andrew.W.Moore(a�ncdenr.gov.
Sincerely,
DocuSigned by:
��� ��
7E617A38285848C...
G. Landon Davidson, P.G, Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Keven Arrance —Hazen and Sawyer (via email)
Amanda Jones — US Army Corps of Engineers (via email)
Andrea Leslie —North Carolina Wildlife Resources Commission (via email)
Stan Aiken —Division of Energy, Mineral and Land Resources (via email)
Avery County Planning
DWR ARO file
DWR 401 &Buffer Permitting Branch file
G:\WR\WQ\Avery\401 s\Non-DOT\Grandfather Golf and Country Club Lake Dredging
Project\NOV\20200805_LochDornieDredging_NOV2020SSOO 15.docx