20141330 Ver 3_Approval Letter_20151120

Pat McCrory
Governor
North Carolina Department of Environmental Quality
November 20, 2015
Donald R, van der Vaarl
Secretary
DWR# 14-1330-V3
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)
Bear Creek Lake
Dear Mr. Jones:.
In accordance with your application dated October 28, 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 Permit 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: [phone] Internet: vrm.ocdenr.gov
An Equal Opppornity lAXhmallve Action Employe—Wdo in part by nbaypled paper

Mag Bear Lake LLC — PIN (7586-91-6330)
DWR # 14-1330 V3
Page 2 of 4
ADDITIONAL CONDITIONS
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.
[15A NCAC 02H .0507(d)(2)]
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. [ 15A NCAC 02H .0507
(c)]
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 each of 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)]
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.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).

Mag Bear Lake LLC — PIN (7586-91-6330)
DWR# 14-1330 V3
Page 3 of 4
The petition maybe 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:
Ifsending via US Postal Service.
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ifsending 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 021.0.500. Please contact Tim Fox at 828-296-4664 or
tim.fox(rdncdem.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 V3
Page 4 of 4
cc: DWR ARO 401 files
cc: Chad Ensley — Fraley Properties and Excavating, LLC
Kevin Holland — Duke Energy
David Brown - USACE Asheville Regulatory Field Office
Andrea Leslie - NCWRC
Stan Aiken — DEMLR
Ashley Rodgers - DEMLR
G:\WR\WQ\Jackson\401s\Non-DOT\Mag Bear Lake, LLC\APRVL.40IMagBearLakeLLC11-18-2015.doc

Water Quality Certification No 3898
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR U S ARMY CORPS OF
ENGINEERS REGIONAL PERMIT UMWERI620003Q(TVA OR FERO REGULATED
PUBLIC UTILITIESI AND REGIONAL PERMIT 198200079 (COE LAKE AND RESERVOIR
MAINTENANCE REPAIR AND CONSTRUCTION ACTIVITIEBI
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3898 is !saved In conformity with the requirements of Section
401, Public Laws 92.500 and 85217 of the United States and subject to the North Carolina
Division of Water Quality Regulations In 15A NCAC 02H .0600 and 15A NCAC 02B .0208 for the
discharge of fill material to waters and wetland areas as described in the Wilmington District's.
Regional (General) Permit Number 198200030 and Regional Permit Number 198200079 and for
the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 02B.0200.
The State of North Carolina certifies. that the ,specified category of activity will not violate
applicable portions of $actions 301, 302 303, 306 and 307 of the Public Laws 92-500 and 85-217
if conducted in accordance withthe conditions hereinafter set. forth.
Activities meeting any one (1) of the following thresholdsor circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division"):
a) Activities that result in fill, dredging or excavation of waters or wetlands below the normal
high water level, or
b) Any impact associated with a Notice of Violation or an enforcement action for violation(s)
of:DWQ Wetland Rules (I 6A NCAC 02H .0500) Isolated Wetland Rules (15A NCAC 02H
1300), DWQ Surface Water or Wetland. Standards, or Riparian Buffer Rules (15A NCAC
02B :0200); or
c) Any Impacts to streams and/or buffers in the Nauss,: Tar -Pamlico, or Catawba River
Basins or in the Randleman. Jordan or Goose Creek Watersheds (Or any other basin or -
watershed. with Riparian Area Protection Rules [Buffer Rules) in effect at the time of
application) unless the activities are listed as EXEMPT from these rules or a Buffer
Authorization Certificate is issued through N C Division of Coastal Management (DOM)
delegation for "ALLOWABLEactivities.
Water Quality General: Certification must include: the appropriate fee If a project
CAMA'Permit,. then one, payment to both agencies shall be submitted and will be
:Activities Included in this General Certification that do not meat one of the thresholds
listed above do not require written approval from the Division as long as they comply with
the Conditions of Certification listed below. If any of these Conditions cannot be met, then
written approval from the Division is required.
Conditions of Certification:.
1. No impacts Beyond those: Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification,
No waste, spoil, solids, or fill of any kind shalloccur inwetlands, waters,. or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification as
authorized to the. written approval from the Division or beyond the thresholds established for
use of this Certification without written authorization, including Incidental impacts.: All
construction activities, including thedesign, installation,, operation and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards, statutes or rules occur, .Approved plans and
Water quality Certification No. 3898

Water Quality Certification No. 3898
specifications for this project are incorporated by reference and are enforceable parts of this
permit.
2, Standard Erasion and Sediment Control Practices
Erosion and sediment control practices must be In full compliance with all specifications
governing the proper design, Installation and operation and maintenance of such Best
Management Practices and if applicable comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit Issued to the Site:
a. Resign, installation, operation and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual The devices
Shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed operated and maintained In accordance with the most recent version of the
North Carolina Surface. Mining Manual.
d, Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the: Sedimentation Pollution Control Act and the
Mining Act of 1971.
d, Sufficient materials required for stabilization and/or repairof erosion control measures
and stormwater routing. and treatment shall be on site at,all times,
e, if the project occurs in waters or watersheds classified as Primary Nursery Areas(PNAS),
SA WS -I, WS -II High Quality (HQW) or Outstanding Resource (ORW)'waters, then the
sedimentation and erosion control designs: must complywith the requirements set forth
in 15A NCAC 04B.0124, Design Standards in Sensitive Watersheds:
3 No Sediment and Erosion Control Measures in Wetlands or Waters
lannerthat may result in dis-equllibnum of wetlands, stream beds or banks,
stream and downstream of the above structures:. All sediment and erosion
hall be removed and the natural grade restored within two (2)months of the
Sion of Land Resources (DLR) or locally delegated program has released
within the project.
4 Construction Stormwater permit NCGOI OQOO
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated. In the conditions of the permit, If your 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. A copy of the general permit (NCGO10000),
inspectionlog. 8"ets and other information may be found at
Att hlportal nodehr oro/webiwd/ws/su/nbdessw✓Rtab-W..
Water Quality Certification No. 3888

Water Quality Certification No. 3898
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities withinthe most recent: version
of their individual NPDES (NCS000260) stormwater permit
5. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring maybe required: at the request of other
state or federal agencies and coordinated. with these activities.
All moratoriums on construction activities established: by the NC Wildlife Resources
Commission (WRC) US Fish and Wildlife Servipe (USFWS), NC Division of Marine Fisheries
(DMF) or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval/postlarval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given. moratorium.,
Work within thetwenty-five (25) designated trout counties or Identified state or federal
endangered or threatened Species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS,.and/or DMF personnel.
6.. Work in the Dry
All work inor adjacent to stream waters shaltbe conducted so that the flowing stream does
not come in contact with the disturbed area Approved best: management practicesfrom the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, nock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
7. Riparian Area. Protection (Buffer) Rules
Goose Creek' Watersheds (or any other basin or watershed with buffer rules) shall be llmttec
to "uses" identified within and constructed In accordance with 15A NCAC 02B.0233, :Q259,.
.0243, 0250, .0267 and .0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements, including diffus
flow requirements, must be met.
8. If concrete is used during the 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
due to the potential for elevated pH and possible aquatic life/ fish kills.
9. Rip -rap. shallbeinstalled : waterward of bulkheads Installed in freshwater lakes to ensure
protection of aquatic habitat. Construction over wetlands shall be elevated at least three (3)
feet. above any wetlands, and floating structures shall not rest periodically on the bottom.
10. Piers and boathouses shall be constructed to provide for storage and removal of sewage
rather than allowing raw waste or other sewage to be disposed directly into surface waters.:
11. Deed notifications or similar mechanisms Shall be placed ort all retained jurisdictional
wetlands, waters, and protective buffers within. the project boundaries in order to assure
Water Quality Certification No. 3898

Water Quality Certification No. 3898
compliance for future wetland, water, and buffer impact.. These mechanisms shall be put in
place at the time of recorolng of the property or of individual lots whichever Is aporopriate, A
sample deed notificationcan be downloaded from the 401/Wetiands Unit web site at
hito,//portalnedehrorg/web/wo/ewo/ws/401/certsantlpermits/aoolvtforms, The text of the
Sample deed notification maybe modifiedas appropriate to suit to a Specific project.
Documentation of deed notifications shall be provided to the Division Upon request.
12. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA) then this General Certification Is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the Stale
Clearinghouse.
13, In the twenty (20) coastal counties, the. appropriate DWS] Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
14. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
15. The appllcant/permitee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or Ism are not being
met, includingfailure 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, then the.
Division may reevaluate and modify this General Water Quality Certification,
16, When written authorization Isrequired for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be. required to return the certificate of completionattached tothe approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh NC; 27699.-1650.
17, Additional site-specific conditions including monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
18. This certification grants permission to the director, an authorized representative of the.
Director, or DENR staff, upon the presentation of proper credentials to enter theproperty
during normal business hours.
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and/or Regional General Permit The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non-compliance with or violation of the conditions herein set forth by a specific protect may result
in revocation of this General Certificationfor the project and may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of'a formal
application for Individual Certification: for any project in this category of activity if it is determined
that the protect is likely to have a significant adverse effect. upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream. waters are precluded.
Water Quality Certification No. 3898

Water Quality Certification No, 3898
Public hearings may be held for specific applications or group of applications prior to a
Certification decision it deemed in the public's best interest by the -Director of the North Carolina
Division of Water Quality,
Effective date:. March 19, 2012
DIVISION OF WATER. QUALITY
By
Charles Wakild,P. E,
Director
History Note: Water Quality Certification Number 3896 issued March 19, 2012 replaces WQC
Number 3693 issued November 1, 2007, WQC Number 3639 issued March 19, 2007; WQC
Number 3492 issued December 31, 2004; and WQC Number 3373 issued March 18, 2002. This..
General Certification is rescinded when the Corps of Engineers reauthorizes any of the.
corresponding Nationwide and/or Regional General Permits or when deemed appropriate by the
Director of the Division of Water Quality
Water Quality Certification No. 3896

North Carolina Department of Environmental Quality
Pat McCrory
Governor
Donald R. van der Veen
Secretary
DWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 and Buffer Permitting Unit, North
Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to
DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from
all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials..
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer, Landscape
Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, Full time)
the construction of the project, for the Perrnitee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: Registration No.
Date
4018 Baler N,riilfiq Unit
1650 Mall Service Center, Nlagh, Notlh Gemma 2]699-1650
Phow 9IMP 6300 A FAX 919 80? 6494
Internet: h5p:1lpoah1.,obrs ,Aeeb1,q
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