20141330 Ver 2_Approval Letter_20150930

North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
September 30, 2015
DWR# 14- 1330 -V2
Jackson County
Mag Bear Lake, LLC
Attn: Allen Jones, General Manager
15443 Knoll Trail Dr. Suite 130 -
Dallas, TX 75248
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Mag Bear Lake LLC — 503 Harbor Ridge Drive PIN (7586 -91 -6330)
Beer Creek Lake -
Dear Mr. Jones:
In accordance with your application dated. September 4, 2015, approval has been granted for the
impacts listed in the table below. This approval requires you to follow the conditions listed in
the enclosed certification(s) or general permit and any additional conditions listed below.
Project impacts are covered by the attached Water Quality General Certification Number 3898 and
the conditions listed below. This certification is associated with the use of General Pemrit Number
30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise
comply with any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Erosion and Sediment Control, Water Supply Watershed and
Trout Buffer regulations.
IMPACTSAPPROVED
The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification, General Permit and /or Buffer Rules are met. No other impacts are
approved, including incidental impacts.
Type of Impact
Amount Approved
Permanent
Open Waters
-
Above Pool
Below Pool
0.1194 acres)
0.0459 (acres)
1601 Mail Service Center, Raleigh, North Carolina 27699 -1601
Phone, 919- 707 -86001 Internet: w .ncdenrgov
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Mag Bear Lake LLC —PIN (7586 -91 -6330) ,
DWR4 14 -1330 V2
Page 2of4.
ADDITIONAL CONDITIONS
1.. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the
Certification/Authorization, If you change your project, you must notify the Division and
you may be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this approval letter and General
Certification (s) /Permit/Authorization and is responsible for complying with all conditions.
2. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at the
water / land interface (at full pool). Riprap shall be placed as a linear protective measure
upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient
to prevent movement by wave or current action and shall consist of clean rock or masonry
material free of debris or toxic pollutants. The rip -rap shall be installed over a toed in filter
fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way
be construed as allowing the installation of a bulkhead or seawall
3. Replant or allow the re- establishment of native vegetation in areas within the project
boundary where it has been removed. Per Exhibit 1 of the Duke Shoreline Management
Guidelines,
4. The permitee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
- -
provide-eachof its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this Certification,
including all conditions shall be available at the project site during the construction and
maintenance of this project. [15A NCAC 02H.0507 (c) and 15A NCAC 02H.0506 (b)(2)
and (c)(2)1.
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 httn: / /www.Dcoah.com/ or by calling the OAH
Clerk's Office at (919) 431 -3000 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:OOam and 5:OOpm, excluding official state
holidays).

i
Mag Bear Lake LLC —PIN (7586 -91 -6330)
DWR # 14 -1330 V2
Page 3 of 4
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 OAH:
Ifsending via US 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 DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water Act as
.described in 15A NCAC 02H 0.500. Please contact Tim Fox at -828- 296 -4664 or -
tim.fox0_ncdenr.gov if you have any questions or concerns. _
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor.
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Certificate of Completion

Mag Bear Lake LLC — PIN (7586 -91 -6330)
DWR# 14 -1330 V2
Page 4 of 4
cc: DWR ARO 401 files
cc: Chad Ensley — Easley Properties and Excavating, LLC
Kevin Holland — Duke Energy
David Brown - USACE Asheville Regulatory Field Office
Andrea Leslie - NC WRC
Stan Aiken — DEMLR
Ashley Rodgers - DEMLR
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