20170359 Ver 2_Assessment of Civil Penalties_20210323

DocuSign Envelope ID: 4AAB1982-7D7D-4BD2-822C-47D0AE8EB509
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7020 1290 0001 1766 8576
Grandfather Golf and Country Club
Attn: Alan Shuping
2120 Hwy 105 South
Linville, NC 28646
NORTH CAROLINA
Environmental Quality
March 23, 2021
SUBJECT: Assessment of Civil Penalties
Dear Sirs:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7020 1290 0001 1766 8583
Grandfather Golf and Country Club
Registered Agent: Richard P. Foutz
PO Box 368
Linville, NC 28646
Grandfather Golf and Country Club
Grandfather Golf and Country Club — Lake Dornie Project
Avery County
Case No. WP-2021-0001
This letter transmits notice of a civil penalty assessed against Grandfather Golf and Country Club in the
amount of $8,463.22, which includes $463.22 in investigative costs. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environmental Quality (DEQ) and the Director of the Division of Water Resources (DWR).
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty (30) calendar days of receipt of this notice, you must do one of the following three options:
1. Submit payment of the penalty, OR
2. File a request for remission of civil penalties, OR
3. File a written petition with the Office of Administrative Hearings.
Failure to exercise one of the above three options within thirty (30) calendar days of your receipt of
these documents will result in this matter being referred to the Attorney General's Office with a request
to initiate a civil action to collect the penalty.
These options are detailed below:
Option 1— Submit payment of the penalty:
Payment should be made to the order of the Department of Environmental Quality (DEQ).
Please include the Case No. WP-2021-0001 on your check or money order. Payment of the
£ D_E
NORTH CAROLINA
Department of Environmental tluallty
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 4AAB1982-7D7D-4BD2-822C-47D0AE8EB509
Case No. WP-2021-0001
Avery County
Page 2 of 5
penalty will not foreclose further enforcement action for any continuing or new violation(s).
Payment must be sent within 30 calendar days of receipt of this notice to the following:
If sending via US Postal Service
Paul Wojoski
DWR-401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Paul Wojoski
DWR-401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
Option 2 — File a request for remission of civil penalties:
A request for remission or mitigation is limited to consideration of the reasonableness of the
amount of the penalty and is not the proper procedure for contesting the accuracy of any of the
statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such a
request will not be processed without a waiver of your right to an administrative
hearing and a stipulation that there are no factual or legal issues in dispute.
You must execute and return to this office the attached "Waiver of Right to an
Administrative Hearing and Stipulation of Facts" and the attached "Justification for
Remission Request" which should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully
applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
For this option you must file your request for remission of civil penalties within thirty (30)
calendar days of receipt of this notice. Submit this information to the following:
If sending via US Postal Service
Paul Wojoski
DWR-401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Paul Wojoski
DWR-401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
Option 3 — File a written petition with the Office of Administrative Hearings:
This decision can be contested as provided in General Statute 150E by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (OAH) within thirty (30)
calendar days of your receipt of this notice.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling
the OAH Clerk's Office at [phone] for information. A petition is considered filed
£ D_E
NORTH CAROLINA
Department of Environmental tluallty
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 4AAB1982-7D7D-4BD2-822C-47D0AE8EB509
Case No. WP-2021-0001
Avery County
Page 3 of 5
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.
Mailing address for the Office of Administrative Hearings:
If sending via U.S. Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
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 the Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality (DEQ)
1601 Mail Service Center
Raleigh, NC 27699-1601
The violations addressed by this assessment and corresponding Notices of Violation and any impacts to
waters must be abated and properly resolved. You are encouraged to contact Andrew Moore with the
DWR Asheville Regional Office at 828-296-4500 if you need assistance in achieving compliance at the
site. Please be advised that additional assessments may be levied for future, continuing, or other
violations beyond the scope of this specific assessment.
If you have any questions, please see the following website: https://deq.nc.gov/about/divisions/water-
resources/water-resources-enforcement or contact Shelton Sullivan at 919-707-3636
[e-mail], or Paul Wojoski at [phone].
Sincerely,
DocuSigned by:
8FB19B649DD2478...
Jeffrey O. Poupart
Division of Water Resources
ATTACHMENTS
cc: Landon Davidson/Andrew Moore — Asheville Regional Office — via email
401 & Buffer Permitting Branch - File Copy
Avery County Planning & Inspection Department via email
£ D_E
NORTH CAROLINA
Department of Environmental tluallty
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 4AAB1982-7D7D-4BD2-822C-47D0AE8EB509
Case No. WP-2021-0001
Avery County
Page 4 of 5
JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: WP-2021-0001
Assessed Party: Grandfather Golf and Country Club
Permit No. (if applicable): n/a
County: Avery
Amount Assessed: $8,463.22
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to
request remission of this civil penalty. You should attach any documents that you believe support your
request and are necessary for the Director to consider in evaluating your request for remission. Please
be aware that a request for remission is limited to consideration of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-
282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach additional
pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuingenvironmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations (i.e., explain
if previous violations have resulted in you being assessed civil penalties);
(e) payment of the civil penalty wiltprevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):
£ D_E
NORTH CAROLINA
Department of Environmental tluality
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 4AAB1982-7D7D-4BD2-822C-47D0AE8EB509
Case No. WP-2021-0001
Avery County
Page 5 of 5
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF AVERY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Grandfather Golf and Country Club
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. WP-2021-0001
Having been assessed civil penalties totaling $8,463.22 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Resources dated March 23, 2021 the
undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document.
The undersigned further understands that all evidence presented in support of remission of this
civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30)
calendar days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) calendar days from the receipt of the civil penalty assessment.
This, the day of , 20
GD_E
NORTH CAROIJNA
Department of Environmental Queh
NAME (printed)
SIGNATURE
ADDRESS
TELEPHONE
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 4AAB1982-7D7D-4BD2-822C-47D0AE8EB509
STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF AVERY
IN THE MATTER OF:
GRANDFATHER GOLF & COUNTRY CLUB
FOR VIOLATIONS OF:
15A NCAC 02B .0211 (21)
CASE NO. WP-2021-0001
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (hereby known as G.S.) 143-215.6A, I,
Jeffrey O. Poupart, of the NC Division of Water Resources (hereby known as DWR), make
the following:
I. FINDING OF FACT
A. Grandfather Golf & Country Club is the owner of record of the site known as
the Grandfather Golf & Country Club which includes an instream lake on the
property known as Loch Dornie. Grandfather Golf & Country Club is located
near Grandfather Mountain, Linville, Avery County, North Carolina.
B. On December 16, 2019, DWR issued an Individual 401 Water Quality
Certification No. WQC004210 in accordance with Title 15A NCAC 02H
.0500 for DWR Project No. 20170359V2 to Grandfather Golf and Country
Club for impacts associated with the Loch Dornie Dredging Project. The
primary purposes of the project were to dredge accumulated sediments from
Loch Dornie, improve unstable river banks and lake shoreline areas, replace
pedestrian bridges that have become unsafe and hazardous, and to protect
sanitary sewer assets.
C. On March 9, 2020 and April 20, 2020, DWR received complaints of turbidity
in Linville River resulting from the Loch Dornie Dredging Project.
D. On July 23, 2020, DWR received notification from project engineer that the
Loch Dornie Dredging Project was substantially complete and that flow from
Linville River, which had been pumped around during majority of dredging
activities, would be returned to lake.
E. On July 28, 2020, DWR received multiple complaints of turbidity in Linville
River below Loch Dornie Dredging Project.
F. On July 30, 2020, DWR staff conducted a site inspection of the Loch Dornie
Dredging project and observed a lack of ground cover and erosion control

DocuSign Envelope ID: 4AAB1982-7D7D-4BD2-822C-47D0AE8EB509
Grandfather Golf & Country Club
WP-2021-0001
Avery County
Page 2 of 4
measures in the disturbed areas of Loch Dornie. DWR also observed that the
approved turbidity curtains had been removed from the lake and collected
water samples from six locations within the Linville River for turbidity
analysis. The results are as follows:
Sam I le Date
Sam 1 le ID
Turbidity (NTU)
Sample Description
7-30-20
No. 1 AC75937
2.4 NTU
Linville River, Upstream
of Loch Dornie
7-30-20
No. 2 AC75938
75 NTU
Linville River, Below
the Primary Spillway at
Monitoring Point
approx. 0.3 mi. from spillway
7-30-20
No. 3 AC75936
55 NTU
Linville River,
Tanglewood Cemetery
Road
approx. 1.8 mi. from spillway
7-30-20
No. 4 AC75935
50 NTU
Linville River, Highway
105
approx. 2.3 mi. from spillway
7-30-20
No. 5 AC75934
40 NTU
Linville River, Highway
221 (below confluence
of West Fork Linville
River)
approx. 3.1 mi. from spillway
7-30-20
No. 6 AC75933
34 NTU
Linville River, River
Road (below confluence
of Grandmother Creek
approx. 5.9 mi. from spillway
G. Title 15A NCAC 02B .0211 (21) provides that "the turbidity in the receiving
water shall not exceed 10 Nephelometric Units (NTU) in streams, lakes or
reservoirs designated as trout waters; if turbidity exceeds these levels due to
natural background conditions, the existing turbidity level shall not be
increased."
H. On August 11 and 17, 2020, Avery County Planning & Inspection
Department conducted inspections and found the site in noncompliance with
the Sediment Pollution Control Act and noted turbid water levels leaving the
site.
I. On August 5, 2020, DWR issued a Notice of Violation and Recommendation
for Enforcement (hereby known as NOVRE) that documented DWR
observations and the turbidity violations from the July 30, 2020 inspection.
DWR records indicate that the NOVRE was delivered on August 11, 2020.
J. On August 19 2020, DWR received a response to the NOVRE from Hazen
and Sawyer, consultants for Grandfather Golf & Country Club, which included
daily monitoring for turbidity starting on July 31, 2020 to August 19, 2020.
The data provided indicated turbidity in excess of the standard in the Linville

DocuSign Envelope ID: 4AAB1982-7D7D-4BD2-822C-47D0AE8EB509
Grandfather Golf & Country Club
WP-2021-0001
Avery County
Page 3 of 4
River until August 18, 2020. The response also gave their explanation of the
violations, described the rainfall from storm events during July and August
of 2020, and described the corrective actions taken on the site.
K. The impacts occurred to the Linville River within the Catawba River Basin.
The Linville River is Class C, Trout waters from the source to the confluence
with Grandmother Creek, and Class B, Trout waters from the confluence with
Grandmother Creek to Linville Falls.
L. The cost to the State of the enforcement procedures in this matter totaled
$463.22.
Based upon the above Finding of Fact, I make the following:
II. CONCLUSION OF LAW
A. Grandfather Golf & Country Club is a "person" within the meaning of G.S.
143-215.6A pursuant to G.S. 143-212 (4).
B. The Linville River constitutes waters of the State within the meaning of G.S.
143-212 (6).
C. Grandfather Golf & Country Club violated Title 15A NCAC 02B .0211 (21)
by exceeding the turbidity standard for Class C, Trout waters in more than 2
miles of the Linville River, as observed on July 30, 2020.
D. Grandfather Golf& Country Club may be assessed civil penalties in this matter
pursuant to G.S. 143-215.6A (a)(1), which provides that a civil penalty of not
more than twenty-five thousand dollars ($25,000) per violation per day may
be assessed against a person who violates any classification, standard,
limitation, or management practice established pursuant to G.S. 143-214.1,
143-214.2, or 143-215.
E. The State's enforcement cost in this matter may be assessed against
Grandfather Golf & Country Club pursuant to G.S. 143-215.3 (a)(9) and G.S.
143B-282.1 (b)(8).
F. Jeffrey O. Poupart of the DWR, pursuant to delegation provided by the
Secretary of the Department of Environmental Quality and the Director of
DWR, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:

DocuSign Envelope ID: 4AAB1982-7D7D-4BD2-822C-47D0AE8EB509
Grandfather Golf & Country Club
WP-2021-0001
Avery County
Page 4 of 4
III. DECISION
Accordingly, Grandfather Golf & Country Club is hereby assessed a civil penalty of
$ 8,000 for violation of Title 15A NCAC 02B .0211 (21) by exceeding
the turbidity standard for Class C, Trout waters in more than
2 miles of the Linville River.
$ 8,000 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ 463.22 Enforcement Cost
$ 8,463.22 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the
factors set out in G.S. 143B-282.1(b), which are:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violations;
The duration and gravity of the violations;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violations were committed willfully or intentionally;
The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
The cost to the State of the enforcement procedures
March 23, 2021
,-DocuSigned by:
9�ff Partin'
"-8FB19B649DD2478...
Date Jeffrey O. Poupart
Division of Water Resources

DocuSign Envelope ID: 4AAB1982-7D7D-4BD2-822C-47D0AE8EB509
NORTH CAROLINA DIVISION OF WATER RESOURCES
Violator: Grandfather Golf & Country Club
Project Name: Grandfather Golf & Country Club
County: Avery Case Number:
Permit Number: N/A
WP-2021-0001
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
• Impacts to more than 2 miles of the Linville River, Class C, Trout designated waters, from turbidity. Turbidity
originated from dredging and land disturbance in and around Loch Dornie located within the Grandfather Golf
& Country Club.
2) The duration and gravity of the violation;
• DWR observed turbidity in the Linville River originating from Loch Dornie on July 30, 2020. Data provided by
the consultant for Grandfather Golf & Country Club indicated that turbidity above the standard of 10 NTU was
monitored below the dam discharge from July 31, 2020 to August 18, 2020.
3) The effect on ground or surface water quantity or quality or on air quality;
• The stream was impacted due to high turbidity levels. The suspended sediment particles clog gills of aquatic
organisms, alters their feeding behavior, and carry pollutants to the stream.
4) The cost of rectifying the damage;
• The cost of implementing the approved erosion & sedimentation control plan, and costs to stabilize the site
with permanent ground cover to minimize erosion of the area.
5) The amount of money saved by noncompliance;
• The cost of properly implementing and maintaining the approved erosion & sedimentation control plan and
the cost of permanent stabilization for the amount of disturbed area and topography of the site.
6) Whether the violation was committed willfully or intentionally;
• DWR has no record if these violations were committed willfully or intentionally; however, the 401 Water Quality
Certification included the condition that receiving stream shall be monitored for turbidity and sedimentation
throughout the duration of the project, and on July 30, 2020, DWR noted that the approved turbidity curtains
had been removed from the lake.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
• DWR has no record of past civil penalties for Grandfather Golf & Country Club within the past 5 years. However,
on August 11 and 17, 2020, Avery County Planning & Inspection Department conducted inspections and found
the site in noncompliance with the Sediment Pollution Control Act.
8) The cost to the State of the enforcement procedures.
• $463.22
March 23, 2021
�DocuSigned by:
9 Poltf2a.vv
8FB19B649D D2478...
Date Jeffrey O. Poupart
Division of Water Resources