20181107 Ver 2_Shoreline Stabilization_20190115

Kevin Mitchell/Karen Higgins
Department of Environment and Natural Resources
DWR —401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
a cls/rod u
As requested by Kevin Mitchell, the following is a summary of "in field" changes that occurred on the
shoreline stabilization work for Lot #287 at Bear Lake. The original approval for this work was granted on
August 28, 2018. Both the approval letter and original permit application are attached.
1) Paragraph 9 and the page 3 site plan of the permit application are amended to reflect a natural
boulder wall length of 103 feet vs original estimate of 75 feet. Most of this difference is due to a request
by the adjoining lot owner to extend the wall to curve back to the shoreline approximately 25 feet past
the property line. This was a logical place to have the wall "die into" the bank as the cliff diminished to
less than 2 feet at this point. Originally the wall was to curve back to the shoreline at the property line. A
revised site plan for this boulder wall is attached.
2) Paragraph 9 and the page 3 site plan are also amended to reflect an additional 75 feet of shoreline
stabilization adjacent to the property line opposite the boulder wall. This stabilization was done in a
manner consistent with the shoreline stabilization of the adjacent lot. This method consists of a 2:1
slope, landscape fabric and rip rap to 1-2 feet above full pond. See the attached Site Plan Rip Rap.
Originally, we assumed this section of shoreline would not require stabilization but after removing all
the dead trees and debris we realized that stabilization was required. The bank erosion and related
steepness of the bank was not as severe in this section of the lot so we concluded a boulder wall was
not necessary.
3) Other Changes — The access corridor was changed on the amended site plans to reflect the actual
corridor used for the work. This corridor ends at a "natural beach area" on the lot. This area will be
restored at the conclusion of the work.

Nf-'
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
Water Resources 15A NCAC 02H .0500 — Water Quality Certification, Shoreline Stabilization
E NViR0 Pill ENT L GUAL11 r FORM: SSGP 02-2017
Shoreline Stabilization Application Form
Three copies of the application (including attachments) and the application fee should be sent to:
If sending via US Postal Service If sending via delivery service (UPS, FedEx, etc.)
Karen Higgins Karen Higgins
DWR — 401 & Buffer Permitting Branch DWR — 401 & Buffer Permitting Branch
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
A. Applicant Information [15A NCAC 02H .0502(a)]
1. Owner Information
Name: Victor Hollowav & Lettie Murr
Mailing Address: 318 Settlers Lane
Charlotte, NC 28202
Telephone Number: 949.374.0267 Fax Number:
E-mail Address: [e-mail]
2. Agent/ Contact Person Information Nt/'A
A signed and dated copy of the Agent Authorization letter must be attached if the Agent has
signed this application form. (A form can be downloaded here:
http://www.saw.usace.armv.mil/Portals/S9/docs/reRulatory/reedocs/Permits/SAMPLE AGENT AUTHORIZ
ATION FORM.pdf)
Name: See above
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
B. Project Information [25A NCAC 02H .0502(a) & (b)]
/1. Attach a vicinity map (i.e. street map) clearly showing the location of the property with
respect to local landmarks such as towns, rivers, and roads.
v 2. Provide a detailed site plan showing property boundaries and proposed locations of
vegetation clearing, buildings, retaining walls, docks, impervious surfaces, rip rap, excavation
or dredging below Full Pond/ Normal Water Level elevations, and construction access
corridors. You may use the diagram provided at the end of this application form.
FORM: 55GP 02-2017 Pagel of 3

�%3. Attach a photograph of the shoreline/ buffer proposed to be stabilized. (Include a scale of
some sort- a yard stick, shovel handle, etc.)
4. Location of the property (where work is to be conducted)
County: Jackson Nearest Town: Tuckaseegee
Lake/ river/ ocean adjacent to property: Bear Lake
Property size (acres): 1.66 acres
Subdivision name or site address (include phase/lot number): Bear Lake Reserve — Lot #287
Shoreline Drive
Directions to site - please include road names and numbers, landmarks, etc.: See attached
google maps (Turn off Hwy 107 at Shook Cove Road Follow to Bear Lake Reserve Enrance
Latitude (in decimal degrees) 35 14 21 Longitude (decimal degrees) 83 3 54
5. Describe the existing land use or condition of the site at the time of this application
(residential, undeveloped, etc.): Undeveloped residential
6. Describe proposed work (include discussion as to how hardening of shoreline has been
avoided, or why it is necessary): Lakeside drop off of 6-10 feet experiencing significant erosion.
Multiple trees near drop off are in jeopardy of falling into lake. Each tree fall takes significant
chunk of shoreline into lake. Erosion accelerated by boat wake. Plan is to use rip rap to stabilize
shoreline and perform work when lake level is lowered this October 2018.
7. Will work be conducted from land? LAND From water? ❑
8. Total amount of impacts below the normal pool lake level / Normal Water Level
Permanent impacts (including all excavation, backfill, rip rap, retaining walls, etc.) in square feet:
375 square feet (75 ft of shoreline at approximately 5 ft up to full pond level)
Temporary impacts in square feet:
na
9. Total amount of impacts above the normal pool lake level / Normal Water Level and 50 feet
land -ward
Permanent impacts (including back fill, excavation, rip rap, retaining walls, etc.) in square feet:
375 square feet (75 ft of shoreline at 5 ft above full pond level)
Temporary impacts (temporary. clearing, construction corridor) in square feet: 300 square feet
of access corridor (approximately 30' by 10') from driveway down to lake.
10. Please describe the vegetation above the normal pool lake level/ Normal Water Level and 50
feet landward to be impacted (number of trees, for instance): 3-7 ft above full pond is vertical
wall of sand, weathered/fractured rock. Above this vertical wall is 2:1 slope of lot. 5 mature
FORM: SSGP 02-2017 Page 2 of 5

trees (4 pine, 1 locust) are near drop off and at risk of falling. We believe 4 can be saved. One is
leaning severely and will have to be removed. All other native plants( ferns, grasses etc) on the
2:1 slope will not be impacted other than a 10 foot temporary access corridor
11. Signature/
Owner/Agent's Sig ure' [15A NCAC 02H .0502(f)] Date
'Agent's signature is valid only if an authorization letter from the owner is provided.
12. Please approximately sketch the following information on this plan and provide dimensions for
each item: SEE ATTACHED
a. All proposed vegetation clearing
b. Location of rip rap or fill to be placed above the Full Pond/ Normal Water Level elevation
c. Location of rip rap or fill to be placed below the Full Pond/ Normal Water Level elevation
d. Location of any proposed structures such as buildings, retaining walls, docks, etc.
e. Location of any excavation or dredging below the Full Pond/ Normal Water Level elevation
La ke
(At Full Pond/ Normal Water Level)
Full Pond/ Normal Water Level
Shoreline
Plan View
FORM: SSGP 02-2017 Page 3 of 5

7/23/2018 Google Maps VIC/ /? / 7-Y 0# C/ P Jc Z
Go- gle Maps Vicinity Map for Shoreline stabilization project at Lot 287 Shoreline Drive Bear LaKE-
Reserve
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Bear Lake Lot #287 Shoreline Drive Shoreline Stabilization Site Plan
Rip Rap 2:1 slope up to
Yrrr�tir✓S ✓ads^3JMS v``boulder wall
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Future Homesite
Dry stack natural boulder
Wall (5-8 ft height)
_l Existing Beach
Area
Silt F_rn..0 q 1
Corridor to
beach area

Lot Stabilization Side View
Back fill with Rip Rap
Slope cutback as needed
Existing Lot
with 6' - 10'
Dropoff
Trenched wall footer for toe slope

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Site Plan Boulder Wall -Revised
Fill as needed
Boulder Wall (6-8 ft) � 103' /
12:1 Rip Rap Fill
Future Homesite

I
Boulder Wall
Site Plan Rip Rap and Fill
Access Corridor
AqW

T f�-
MICHAEL S. REGAN
Seaw-Y
LINDA a JLPEPPER
trnrerbn Dtrr or
Victor and Lettie Murr Holloway
318 Settlers Lane
Charlotte, NC 28202
NORTH
CAROLINA
August 28, 2018
DWR # 18-1107
Jackson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Holloway Bear Lake Reserve Lot 287 — Bear Lake
Dear Mr. and Mrs. Holloway:
You have our approval for the impacts listed below for the purpose described in your application
dated August 5, 2018, and received by the Division of Water Resources (Division) on August 8,
2018, with additional information received on August 16 and August 22, 2018. These impacts
are covered by the attached Water Quality General Certification Number 4145 and the additional
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 any other
federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Sediment and Erosion Control, Non -Discharge, Water Supply Watershed,
and Trout Buffer regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
1. 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. [I 5A NCAC 02H .0506(b)
and/or (c)]
Type of Impact
Amount Approved
Permanent
Open Waters
Above Pool
Below Pool
0.0155 (acres)
0.0086 (acres)
North Carolina Department of Environmental Quality I Division of Water Resources
2090 US 70 Highway. Swannanoa, NC 28778
828.296.4500

Holloway Bear Lake Reserve Lot 287
DWR# 18-1107
401 Approval
Page 3 of 4
A petition form may be obtained from the OAH at hLtp://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:OOam and 5:OOpm, 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
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 DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H.0500. Please contact Kevin Mitchell at 828-296-4650 or
kevin.mitchell@ncdenr.g_ov if you have any questions or concerns.
Sincerely,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 4145
Certificate of Completion

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO. 4145
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
REGIONAL GENERAL PERMIT 198200030 (WORK IN LAKES AND RESERVOIRS OWNED,
OPERATED AND/OR REGULATED BY PUBLIC UTILITY COMPANIES, TVA, AND LOCAL
GOVERNMENTS), AND
REGIONAL GENERAL PERMIT 198200079 (WORK IN LAKES OWNED AND/OR OPERATED
BY THE USACE IN NC AND VA)
Water Quality Certification Number 4145 is issued in conformity with the requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Regulations in ISA NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in the US Army Corps of Engineers
Wilmington District's Regional General Permits 198200030 and 198200079.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-
217 if conducted in accordance with the conditions hereinafter set forth.
Effective date: December 1, 2017
Signed this day: December 1, 2017
By
27
for Linda Culpepper
Interim Director

GC4145
3. Except for areas covered under Condition #4 of this Section below, excavation and/or filling
of wetlands is not authorized by this Certification. [15A NCAC 02H .0501]
4. Canals or boat basins shall not be dredged beyond their original depth and width. The area
shall not be dredged to a depth deeper than the receiving water. [15A NCAC 02H
.0506(b)(4) and (c)(4)]
11. GENERAL CONDITIONS:
1. When written authorization is required, the plans and specifications for the project are
incorporated into the authorization 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 .05021
2. 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 in the written approval
from DWR; or beyond the thresholds established for use of this Certification without
written authorization. [15A NCAC 02H .0501 and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or
as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200]
3. In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10, compensatory
mitigation may be required for losses of greater than 300 linear feet of perennial streams
and/or greater than one (1) acre of wetlands. Impacts associated with the removal of a
dam shall not require mitigation when the removal complies with the requirements of Part
3 of Article 21 in Chapter 143 of the North Carolina General Statutes. Impacts to isolated
and other non -404 jurisdictional wetlands shall not be combined with 404 jurisdictional
wetlands for the purpose of determining when impact thresholds trigger a mitigation
requirement. For linear publicly owned and maintained transportation projects that are not
determined to be part of a larger common plan of development by the US Army Corps of
Engineers, compensatory mitigation may be required for losses of greater than 300 linear
feet per perennial stream.
Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a
project site, a complete mitigation proposal developed in accordance with the most recent
guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted
for review and approval with the application for impacts.
4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer
Rules in Chapter 2 of Title 15A.
Page 3 of 10

GC4145
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent
version of their individual NPDES (NCS000250) stormwater permit. [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. Exceptions to this condition require application to and written approval from DWR.
[15A NCAC 02H .0506(b)(3) and (c)(3)]
10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities. [15A NCAC 02H
.0506(b)(2) and 15A NCAC 04B.0125]
11. All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium. A copy of the approval from the resource agency shall be forwarded to DWR.
12. Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers) or identified state or federal
endangered or threatened species habitat, shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
13. Culverts shall be designed and installed in such a manner that the original stream profiles
are not altered and allow for aquatic life movement during low flows. The dimension,
pattern, and profile of the stream above and below a pipe or culvert shall not be modified
by widening the stream channel or by reducing the depth of the stream in connection with
the construction activity. The width, height, and gradient of a proposed culvert shall be
such as to pass the average historical low flow and spring flow without adversely altering
flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of
the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage of water and aquatic life.
Page 5 of 10

GC4145
16. 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 026.0200]
17. All proposed and approved 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. For projects that receive written approval, no temporary impacts
are allowed beyond those included in the application and authorization. All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
18. 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. [15A NCAC 02H .0506(b)(2) and (c)(2)]
19. Any rip -rap 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 rip -rap shall be placed such that the original stream
elevation and streambank contours are restored and maintained. Placement of rip -rap or
other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area or in a manner that precludes aquatic life passage.
115A NCAC 02H .0506(b)(2)]
20. 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)]
21. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Rip -rap
Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
Page 7 of 10

GC4145
5. 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.
6. The Director of the North Carolina Division of Water Resources may require submission of a
formal application for Individual Certification for any project in this category of activity if it
is deemed in the public's best interest or determined that the project 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 water or
downstream waters are precluded.
History Note: Water Quality Certification Number 4145 issued December 1, 2017 replaces
WQC4098 issued March 3, 2017; WQC 3898 issued March 19, 2012; 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.
Page 10 of 10

ROY COOPER
GOW~
MICHAEL S. REGAN NORTH CAROLINA
Se"a7 E,n*onx Md Q
LINDA CULPEPPER
WR 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:
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:
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 Permitee 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
Registration No.
."Orn—C 6;k
ie; ��,—QE 10% 110,
1�.�
North Carolina Department of Environmental Quality i Division of Water Resources
2090 US 70 Highway, Swannanoa, NC 28778
828.296.4500