20170359 Ver 1_Approval Letter_20170911

Water RCSOIIt'ces
I'l, imcmal Qu.d n'
September 11, 2017
Grandfather Golf and Country Club
Attn: Zach Platek
PO Box 368
Linville NC 28646
ROY COOPER
Gorenror
MICHAEL S. REGAN
Secremn'
S. JAY ZIMMERMAN
On at1or
D W R # 20170359
Avery County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Grandfather Golf and Country Club Lake Dredging
USACE Action ID. No. SAW -2017-01373
Dear Mr. Platek:
Attached hereto is a copy of Certification No. WQC004128 issued to Mr. Zach Platek and Grandfather
Golf and Country Club, dated September 11, 2017. 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.com/ 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:
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
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

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 [e-mail] if you have
any questions or concerns.
Sincerely,
IWA3c7fl.
Tw`�S-
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: John Vilas, McGill Associates PA (via email)
William Elliott, USACE Asheville Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
Andrea Leslie, NCWRC (via email)
DWR ARO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 170359GrandfatherGolfandCountryClub(Avery)_401IC

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQ0004128 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
Mr. tach Platek 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
March 28, 2017 and subsequent information on July 1, 2017, and by Public Notice issued by the U. S. Army
Corps of Engineers and received by the Division on July 19, 2017.
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 provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental impacts.
[15A NCAC 02H .0506(b) and/or (c)]
Type of Impact Amount Approved (units) Amount Approved
Permanent I Temporary
Open Waters -dredging 16.19 (acres) 10.01 (acres)
OpenWaters— shoreline 1,568 linear feet of
stabilization I shoreline
2. The Linville River downstream of the project is a Class C Trout Waters. In order to protect
downstream uses for Class C Trout Waters a requirement of this Certification is that project activities
may not occur between the dates of October 15 through December 31. [15A NCAC 02H.0506 (b)(2)
and 15A NCAC 046 .0125]
3. 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 02H.0501 and
.0502]
4. A minimum low flow release of 2 cfs or inflow, whichever is less, must be maintained to the
downstream channel. This minimum flow must be maintained at all times, including during re -filling
of the pond. At no point should the downstream Linville River be dewatered by this activity. [15A
NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02 .0211(2) and (18)]
S. The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded in the Linville
River downstream of the project area. A turbidity curtain shall be provided within the lake
downstream of the dredging area. Any other appropriate sediment and erosion control practices
must also be used to meet this standard. [15A NCAC 02B .0200]

6. The Permittee, or their designee, shall visually inspect the Linville River immediately downstream of the
lake daily during, or immediately following, dredging activities. Digital photographs of these inspections
with date and time stamp shall be maintained by the Permittee and provided to the Division upon
request. If any turbidity is noted during the daily inspections the Permittee shall immediately stop all
dredging activities and notify the Division and WRC. Upon notification, the Division may require
turbidity sampling to be provided by the Permittee. [15A NCAC 02B.0200)
7. 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]
8. All dredging and material wasting activities shall be performed and maintained in full compliance with
G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). If G.S. Chapter 113A Article 4
is not applicable to any portion of this project then the project shall incorporate appropriate Best
Management Practices for the control of sediment and erosion so that no violations of state water
quality standards, statutes, or rules occur. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B
.0200]
Design, installation, operation, and maintenance of all sediment and erosion control measures shall be
equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment
and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion
Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and
treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual. Reclamation measures and implementation shall comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
6. 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]
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
stream banks or within wetlands. [15A NCAC 02B .0201]
8. An NPDES Construction Stormwater Permit (NCGO10000) is required for construction projects that
disturb one (1) or more acres of land. The NCG010000 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)]

9. 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 NC Sediment and Erosion Control Manual, or the NC DOT Construction 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)]
10. 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 0213 .0200 and 15A NCAC 026 .0231]
11. 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 .0200]
12. 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)]
13. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as
outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of
Transportation Best Management Practices for Construction and Maintenance Activities so as not to
restrict stream flow or cause dis-equilibrium during use of this Certification. [35A NCAC 02H .0506(b)(2)
and (c)(2)]
14. 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)]
15. Any rip -rap 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. [15A
NCAC 02H .0506(b)(2)]
16. 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.

17. 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 02B .0211 (12)]
18. 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)]
19. 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.
20. Mr. Zach Platek 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 .0200] 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 Mr. Zach Platek 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 Mr. Zach Platek 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.
21. 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)]
22. 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]
23. 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.
24. 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)]

25. 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.
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 LAMA 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 .0506]
This the 11t' day of September 2017
tau,"o,lia��a-
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/slh
WQC004128