20200833 Ver 1_20200409_NOV-2020-PC-0198_20200624

April 9, 2020

CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7019 1640 0000 1354 3552

Springdale Golf Partners, LLC
Attn: Buddy Lawrence
200 Golfwatch Rd
Canton, NC 28716

CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7019 1640 0000 1354 3408

Springdale Golf Partners, LLC
Attn: Alexander C. West, Jr.
910 Prestwood Dr
Hartsville, SC 29550

SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Springdale Country Club (PIN 8663-48-7535)
NOV-2020-PC-0198
Failure to Secure 401 Water Quality Certification
Stream Standard Violation – Other Waste (In-stream Sediment)
Stream Standard Violation –Conditions of Best Usage
Haywood County
Response deadline: May 8, 2020

Dear Mr. Lawrence and Mr. West Jr.:
On March 16, 2020, Amy Annino from the Asheville Regional Office of the Division of Water
Resources (DWR) conducted a site inspection of the Springdale Country Club in Canton, North
Carolina. The site inspection was conducted after receiving a complaint from Haywood County
Development Services regarding impacts to an unnamed tributary to Long Branch. Tim Surrett
with Haywood County Development Services and Chris Morgan with Southeastern Golf were
present during the inspection.

During the site inspection, staff observed that Springdale Country Club had recently dredged an
in-line pond and an unnamed tributary to Long Branch (Class WS-III; Tr) below the pond. Staff
observed that the culvert carrying the UT to Long Branch had been replaced, but was not
adequately buried and is perched. Approximately 8-12 inches of in-stream sediment was
observed in the UT to Long Branch. The dredge spoils were deposited adjacent to Long Branch
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and staff observed sediment that had overtopped silt fence and washed into Long Branch (Class
WS-III; Tr). DWR staff observed that the Springdale Country Club had recently made numerous
stream crossings through Long Branch for a new irrigation system. These temporary stream
impacts (open cut trench) were not performed in the dry according to Chris Morgan. In-stream
sediment impacts were observed in Long Branch as a result. Erosion control matting placed on
the streambanks to stabilize disturbed areas at crossings were not free of plastic netting or mesh.
A review of DWR files indicates no approval has been issued for the project. As a result of the
site inspection and file review, the following violations were identified:

VIOLATIONS

I. Failure to Secure a 401 Water Quality Certification (WQC) – Title 15A NCAC 02H
.0500 requires water quality certifications pursuant to Section 401 of the Clean Water Act
whenever construction or operation of facilities will result in a discharge into
jurisdictional waters, including wetlands, as described in 33 CFR Part 323. A file review
confirmed that a Pre-Construction Notification has not been received by the DWR for
this project and that a 401 Water Quality Certification has not been issued.

II. Stream Standard Violation – Other Waste (In-stream sediment) 15A NCAC 02B
.0211 (12) – An undetermined length of Long Branch (Classified WS-III; Tr) and an
Unnamed Tributary to Long Branch was impacted with sediment deposition measured to
be at least 12 inches in depth in the observed stream reach, representing Water Quality
Stream Standard violation of 15A NCAC 02B .0211 (12).

III. Stream Standard Violation –Conditions of Best Usage - 15A NCAC 02B.0211 (2) -
The stream impacts from excavation and dredging and in-stream waste (sediment)
discharges are a violation of Title 15A North Carolina Administrative Code 02B .0211
(2) which requires that “The waters shall be suitable for aquatic life propagation and
maintenance of biological integrity, wildlife, secondary recreation, and agriculture;
sources of water pollution which preclude any of these uses on either a short-term or
long-term basis shall be considered to be violating a water quality standard.”

REQUIRED RESPONSE

Accordingly, you are directed to respond to this letter in writing by May 8, 2020. Your response
should be sent to this office at the footer address or via email to [e-mail] and
include the following:

1. All work in Long Branch must cease immediately.

2. The disturbed areas adjacent to surface waters must be stabilized immediately and/ or
proper erosion control measures installed to prevent ongoing and continuing
sedimentation impacts.

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3. Please explain when construction (stream crossings, pond and stream excavation, and
culvert replacement) began at the site.

4. Please explain why these impacts occurred without prior authorization with 401 WQC
and 404 Permit.

5. Please provide documentation (including a detailed site map/survey) depicting all
jurisdictional water features (e.g. streams, wetlands, buffers) on the site. This
documentation should describe and quantify the impacts to those jurisdictional features,
and should include plans to avoid further stream and wetland impacts on the site.

6. Please submit the following documents for review and approval:

a. Sediment Removal Plan - Sediment impacts to the streams onsite and downstream
of the site must be removed. As a part of this plan, you should provide the amount
(depth) of material that has been deposited in the wetland and streams. This
information should be depicted on a map you provide. It is recommended that you
use hand labor (buckets, shovels, and wheelbarrows) to remove deposited
sediment from the wetland and stream channels. The sediment should be removed
from the wetland and stream channels, taken to high ground away from the stream
channel and wetland a minimum of thirty feet, and stabilized. The plan must
address the measures that will be used for temporary stabilization/sediment
control while this work is under way. You are encouraged to secure an
environmental consultant experienced in stream and wetland restoration to assist
you with development of your plan and authorization necessary to achieve
compliance.

b. It is recommended that your consultant contact Amy Annino of the Asheville
Regional Office for additional guidance during plan development. The plan
should include a proposed schedule with dates that indicate when you expect to
begin and complete the work. Once the plan has been implemented and is
complete, a final report documenting work should be submitted to Amy Annino.

7. If you wish for any impacts to remain in place, you must contact the U.S. Army Corps of
Engineers (USACOE) for information on the type(s) of permit required. The Asheville
office phone number is [phone]. Depending on the type of permits USACOE
requires, application for a 401 Water Quality Certification to DWR will also be required.

8. To begin the process of applying for a 401 WQC, you must complete the Application
Form (Pre-Construction Notification Form) and send this completed form to DWR. See
https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-
permitting-branch for the form and information on this process. The form may also be
accessed and submitted online at https://edocs.deq.nc.gov/Forms/Pre-
Construction_Notification_Form.

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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 violation(s) will be considered in any civil penalty assessment
process that may occur.

Should you have any questions regarding these matters, please contact Amy Annino at (828)
296-4656 or [e-mail].

Sincerely,

G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office

cc: Mac Haupt – 401 & Buffer Permitting Unit
David Brown – US Army Corps of Engineers (via email)
Stan Aiken – DEMLR (email copy)
Andrea Leslie – NCWRC (email copy)
ARO File Copy

G:\WR\WQ\Haywood\Complaints\Springdale Country Club\20200409_Springdale Country Club_NOV2020PC0198.docx

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