20120282 Ver 2_More Info Requested_20150130

w�—
NCDENR IH
North Carolina Department of Environment and Natural Resources
Pat McCrory
Govemor
January 30, 2015
Bear Lake Heaven, LLC
Attn: Keith Rudman
401 N. Wabash Ave., Unit 48E
Chicago, IL 60611
Subject: Request for Additional Information
Bear Lake Heaven LLC PIN (7586 -45 -2681)
Dear Mr. Rudman:
Donald R. van der Vaart
Secretary
DWQ Project # 12 -0282 V2
Jackson County
The Division of Water Resources (Division) has performed a preliminary review of a 401 Water Quality
Certification (WQC) application submitted for the above referenced project. The Division has determined that
your application is incomplete and cannot be processed. The application is on -hold until all of the following
information is received:
1: Items 10. & 11.. in the application propose 3,900 sq. ft. and 8,750 sq. ft. of shoreline stabilization.
General permit No. 198200030 conditions prescribe that bulkhead and rip -rap alignments will
not extend farther water ward than an average distance of two (2) feet, maximum distance of five
(5) feet from the normal pool elevation contour and may not extend more than 500 feet along a
shoreline.
Provide appropriate information regarding any approval by the Corp of Engineers for the
proposed shoreline stabilization that exceeds 500 feet and additional explanation as to why
650 feet of stabilization is needed.
In January, 2012, a 401 WQC was issued for approximately 240 feet of impact for shoreline
stabilization at this location. Please explain if there is any correlation between this existing
impact and the new proposed impact?
The application describes 230 LF of stabilization on Bear Lake Heaven Property (PIN 7586 -45-
2681) and 420 LF on Duke Power's set -back area. Provide an appropriate map indicating impact
location and property ownership for the 420 LF section.
Water cushy Regional Operations- Asheville Regional Oom
2090 U.S. HlAhwey 70, SWannanoa, North Caroline 28778
Phone: [phone] FAX: [phone]
Intrust hgpalportaincdanrorglweblwp
An Equal Opportunity IAhirmagve Action Employer

Bear Lake Heaven LLC
Atht Keith Rudmsn
January 30, 2015
Page 2 oft
The application states a seawall will be constructed 5ft. x 650 ft. Please provide a construction
detail of the seawall.
The application states a cleared area 8ft. x 650 ft. Please explain how this activity will be
executed without violating trout buffer regulations.
If all of the requested information is not received in writing within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be returned. The return of this project will
necessitate reapplication to the Division for approval, including a complete application package and the
appropriate fee:
Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of the
above requested information to the 401 & Buffer Permitting Unit:.
401 and Buffer Permitting Unit
1650 Mail Service Center
. Raleigh, NC 27699- 1650_
Please be aware that you have no authorization under the Section 401 of the Clean Water Act/ Isolated
Wetlands and Isolated Waters Rules /Buffer Rules for this activity and any work done within waters of the state
may be a violation of North Carolina General Statutes and Administrative Code. Please call Tim Fox (828)
296 -4664; if you have any questions.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: William Owen — Owen Grading -
David Brown — USACE Asheville Regulatory Field Office
Keith Holland - Duke Energy
Andrea Leslie -NCWRC
Laura Herbert —DEMLR
Ashley Rodgers —DEMLR
DWR ARO 401 files
G : \WR \WQ\Jackson \401s\Non.DOT\Beu Lake Heaven LLC Keith Rudman\ ADDINFO. 401BearLakeHeavenLLCKeithRudmanl- 28- 2015.doe