20170359 Ver 2_Approval Letter_20191216

ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEPPER
Director
Grandfather Golf and Country Club
Attn: Alan Shuping
2120 Highway 105 South
Linville, NC 28646
NORTH CAROLINA
Environmental Quality
December 16, 2019
D W R # 20170359 v2
Avery County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Loch Dornie Dredging, Island Enhancements, and Linville River
Stabilization Project
USACE Action ID. No. SAW-2019-01616
Dear Mr. Shuping:
Attached hereto is a copy of Certification No. WQC004210 issued to Alan Shuping and Grandfather Golf
and Country Club, dated December 16, 2019. 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.comz or by calling the OAH Clerk's
Office at [phone] 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 [phone], 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.
Mailing address for the OAH:
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
919.707.9000
ncwm cwwinn

Grandfather Golf and Country Club
DWR Project #20170359 v2
Individual Certification #WQC004210
Page 2 of 7
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
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 Sue Homewood at 336-776-9693 or sue. [e-mail] if you have
any questions or concerns.
cc
Sincerely,
V l�
Mac Haupt, Acti g Supervisor
401 & Buffer Permitting Branch'
Keven Arrance, Hazen & Sawyer (via email)
Amanda Jones-Fuemmeler, USACE Asheville Regulatory Field Office (via email)
Byron Hamstead, USFWS (via email)
Andrea Leslie, NCWRC (via email)
Todd Bowers, EPA, (via email)
DWR ARO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 20170359v2 Loch DornieLake I m provments(Avery)_401_IC.docx

Grandfather Golf and Country Club
DWR Project #20170359 v2
Individual Certification #WQC004210
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004230 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 15 NCAC 02H .0500,
to Alan Shuping and Grandfather Golf and Country Club, who have authorization for the impacts listed
below, as described within your application received by the N.C. Division of Water Resources (Division) on
August 26, 2019 with fee received September 10, 2019 and subsequent information on October 25, 2019,
November 1, 2019, November 12, 2019, November 18, 2019 and December 5, 2019, and by Public Notice
issued by the U. S. Army Corps of Engineers and received by the Division on September 24, 2019.
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:
1. The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
Site S5
54 (linear feet)
0 (linear feet)
Site S6
0 (linear feet)
5 (linear feet)
Site S7
0 (linear feet)
83 (linear feet)
Open Waters
Site Ll
5.92 (acres)
0 (acres)
Site L2
1.07 (acres)
0 (acres)
Site L3
1.12 (acres)
0 (acres)
Site 1-4
0 (acres)
4.60 (acres)
Site L5
0.007 (acres)
0 (acres)
2. 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. Any modifications to the project require notification to DWR and
may require an application submittal to DWR with the appropriate fee. [15A NCAC 021-1.0501 and
.0502]
3. In order to protect downstream uses for Trout Waters a requirement of this Certification is that any
work conducted within the stream may not occur between the dates of October 15 through
December 31. [15A NCAC 02H .0506 (b)(2) and 15A NCAC 04B .0125]

Grandfather Golf and Country Club
DWR Project #20170359 v2
Individual Certification #WQC004210
Page 4 of 7
4. Streamflow must be maintained within the Linville River downstream of the lake during maintenance
activities and lake re -filling. A minimum of flow of 1.9 cubic feet per second (CFS) shall be maintained
in the receiving stream at all times. [15A NCAC 02B .0211 (2)]
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. The Permittee shall conduct turbidity monitoring in accordance
with the proposed Turbidity Monitoring Plan version 2.1 dated November 18, 2019. The Permittee
shall follow the Benchmark and Response Actions and Schedule as outlined in the proposed turbidity
monitoring plan. If Benchmark and Response Actions condition #3 is triggered the Permittee shall
notify the DWR Asheville Regional Office and NCWRC within 24 hours of discovery. [15A NCAC 02B
.0211 (21)]
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
impacts (including temporary impacts) as authorized under this Certification. [15A NCAC 02H .0501
and .0502]
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).
8. Sediment and erosion control measures shall not be placed in wetlands or waters except within the
footprint of temporary or permanent impacts authorized under this Certification. [15A NCAC 02H
.0501 and .0502]
9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. [15A NCAC 02B .0201)
10. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that
disturb one (1) or more acres of land. The NCGO10000 Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated in the conditions of the permit. If the
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. [15A NCAC 02H .0506(b)(5) and (c)(5)]
11. All work in or adjacent to streams 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 NCSediment and Erosion Control Manual, or the NC DOTConstruction 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)]
12. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or
wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and
Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of
contact between the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B .0231]

Grandfather Golf and Country Club
DWR Project #20170359 v2
Individual Certification #WQC004210
Page 5 of 7
13. If concrete is used during 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. (15A NCAC 02B .02001
14. No temporary impacts are allowed beyond those included in this Certification. All temporary fill and
culverts shall be removed and the impacted area shall be returned to natural conditions within 60
calendar days after the temporary impact is no longer necessary. The impacted areas shall be
restored to original grade, including each stream's original cross sectional dimensions, planform
pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized
with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]
15. 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)]
16. Any riprap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank stabilization
measures. 115A NCAC 02H .0506(b)(2)]
17. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those required by, but
not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout
Buffer regulations.
18. All mechanized equipment operated near surface waters shall be inspected and maintained regularly
to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic
materials. Construction shall be staged in order to minimize the exposure of equipment to surface
waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance
shall not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and
oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 026 .0211(12)]
19. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
20. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more;
any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless
of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons
that cannot be cleaned up within 24 hours.

Grandfather Golf and Country Club
DWR Project #20170359 v2
Individual Certification #WQC004210
Page 6 of 7
21. Alan Shuping and Grandfather Golf and Country Club 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 .02001 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
Alan Shuping and Grandfather Golf and Country Club 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 Alan
Shuping and Grandfather Golf and Country Club 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.
22. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on the
DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)]
23. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .0501 and .0502]
24. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or
any right of use in any waters. This Certification does not authorize any person to interfere with the
riparian rights, littoral rights, or water use rights of any other person and this Certification does not
create any prescriptive right or any right of priority regarding any usage of water. This Certification
shall not be interposed as a defense in any action respecting the determination of riparian or littoral
rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to
possess any prescriptive or other right of priority with respect to any other consumptive user
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.
25. This Certification grants permission to the director, an authorized representative of the Director, or
DENR staff, upon the presentation of proper credentials, to enter the property during normal business
hours. [15A NCAC 02H .0502(e)]
26. Non-compliance with or violation of the conditions herein set forth by a specific project may result in
revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.

Grandfather Golf and Country Club
DWR Project #20170359 v2
Individual Certification #WQC004210
Page 7 of 7
27. The permittee shall report to the Asheville Regional Office any noncompliance with this Certification,
any violation of stream or wetland standards [15A NCAC 02B .02001 including but not limited to
sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B
.0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend
or holiday) from the time the applicant became aware of the circumstances. A written submission
shall also be provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case -by -case basis.
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 .05061
This the 16' day of December 2019
Mac Haupt, Actirig Supervisor
401 & Buffer Permitting Branch
SLH
WQC004210