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Mountain lake ~srmit Seroice

Mountain Cove Road
Waynesville, NC 28786

Telephone: [phone]

FAX: [phone]

e-mail: [e-mail]

North Carolina Division of Water Quality
2321 Crabtree Boulevard
Parkview Building
Raleigh, North Carolina 27604

Subject: Application for Private Marina
Andy Southards, Project Manager
Centex Homes Nevada General Partnership DBA
Centex Dcstination Propertics
Bear Lake Reserve
Post Office 179
Tuckasegee, NC 28783

This letter is an acknowlcdgement and agrecment to comply with conditions specified in all items
outlined and for this project. Your letter datcd 7/15/05 DWQ Project #05-0611, Jackson County.

Sincerely,

fY~'f1l~

Mountain Lake Permit Service
878 Mountain Cove Road
Waynesville, NC 28786
Telcphone: 828-456-8195
Fax: [phone]

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Michael F. Easley, Governor

William G. Ross Jr., Secretary
North Carolina Department of Environmcnt and Natural Resources

Alan W. Klimek, P.E. Director
Division of Water Quality

July 15, 2005

..

DWQ Project # 05-0611
Jackson County

Andy Southers, Project Manager
Centex Homes I Bear Lake Preserve
Post Office Box 179
Tuckeseegee, NC 28783

Subject Property: Bear lake Reserve I lake Club
DPNA - Bear Lake Hydro

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Southers:

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 435 linear feet of shoreline for the purpose
of stabilization at the subject property, as described within your application received by
the N.C. Division of Water Quality (DWQ) on April 11, 2005, and additional information
received May 31, 2005. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3492 (GC3492).
The Certification( s) allows you to use Regional Permit( s) 198200079 when issued by
the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with
your project including (but not limited to) Erosion and Sediment Control, Non-discharge,
Stormwater and Buffer regulations. Also, 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 CAMA Permit.

This approval is for the purpose described in your application. This authorization in no
way approves the installation of a wall of any description. If you change your project
beyond this authorization, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.

The Additional Conditions of the Certification are:

N~IthCaro]ina
/Vn/llrnll!J

401 WeUands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]g3/lntemet http://h2o.enr.state.nc.us/ncwetlands

An Equal Opportunity/Affirmative Ac'jon Employer - 50% Recyded/1 0% Post Consumer Paper

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Centex Homes I Bear Lake Preserve ..
Page 2 of6
July 15, 2005:

1. Impacts Approved
..

The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:

Plan Location or Reference

Shoreline

1,305 (square
feet

2. Erosion & Sediment Control Practices

Bear Lake Preserve

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 in order to protect surface
waters standards:

a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.

b. The design, 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.

c. 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. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.

3. No Waste, Spoil, Solids, or Fill of Any Kind

No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, 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.

I f

Centex Homes I Bear Lake Preserve
Page 3 of6
July 15,2005:

4. No Sediment & Erosion Control Measures win Wetlands or Waters

Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.

5. 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 the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.

6. Riprap Installation

All banks shall be laid back at a 2:1 slope and riprap applied at the water I land
interface (at the full pool elevation). Riprap shall be placed as a linear protective
measure upon the regarded slopes. Stone used in stabilization shall be a
random size, varying from Class B riprap up to 6 feet in diameter to provide
additional wildlife habitat. All exposed soils above the Riprap stabilized area
shall be replanted in accordance with the attached Guidelines for Riparian
Buffer Restoration. This authorization shall in no way be construed as allowing
the installation of a bulkhead or seawall, nor a dry stack boulder wall.

7. Equipment

Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.

8. Diffuse Flow

All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before being discharged. If this is not possible,
it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.

9. Turbidity Standard

The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.

Centex Homes I Bear Lake Preserve "
Page 4 of6
July 15,2005:

10. No Impacts Beyond those in Application

No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre-
construction Notification. All construction activities, including the design,
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.

11. No Sediment and Erosion Control Measures in Wetlands

Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of land
Resources or locally delegated program has released the project.

12. Deed Restriction

Deed Restriction or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to impacts to
wetland, water and buffers located on the property. These mechanisms shall be
put in place prior to impacting any wetlands, waters and/or buffers approved for
impact under this Certification Approval and Authorization Certificate. A sample
deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h20.enr.state . nc. us/ncwetlands.

13. Property Access

As Duke Power Company owns part, or all, of the property on which this
stabilization activity will be taking place, or it is within the Federal Energy
Regulatory Commission Project Boundary, this Water Quality Certification is only
valid after the written authorization of Duke Power Company has been obtained
through their permitting process, granting access to perform these stabilization
activities on their property or within the Federal Energy Regulatory Commission
Project Boundary. Failure to obtain the above written authorization from Duke
Power Company, any stabilization / fill / dredging which takes place on Duke
Power Company property will be considered a violation of the issue Water
Quality Certification.

14. Deed Restrictions

Deed restrictions or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance from future wetland, water and buffer impact. These mechanisms
shall be put in place prior to impacting any wetlands, waters and/or buffers
approved for impact under this Certification Approval and Authorization
Certificate. The project must address an active and appreciable shoreline erosion
problem; relatively stable shoreline areas should not be altered.

15.lf practical, the stabilization work should be completed in a dry work area while the
lake is drawn down.

,

Ccntex Homcs I Bcar Lake Prcserve
Page 5 0[6
July 15, 2005:

16.Adequate sediment and erosion control measures must be used to minimize erosion
into the lake. Temporary or permanent herbaceous vegetation should be planted on
all bare soil within 15 days of ground disturbing activities for long-term erosion
control.

17. Excavation of soils from the lakebed is not authorized under this permit. Excavation
should be limited to the actively eroding shoreline for the explicit purpose of placing
and bedding rock into the substrate, if necessary. This permit does not authorize
disturbance of the shoreline or the lakebed outside of the stabilization limits for
access or staging of materials.

18. Large woody debris that extends into the water in the path of the stabilization project
or within the lake pool should be replaced and secured to the shoreline at the
completion of the project. Stumps, rocks or woody debris in the lakebed should not
be disturbed or removed.

19. Filter fabric should be used behind the rock to minimize erosion of soils into the lake.

20. The rock should be clean and free of sediment and other contaminants.

21. The spaces between the rock should not be filled with concrete or other types of
grout but left open to allow colonization with native plants and to provide habitat for
fish and wildlife. Uncured concrete is toxic to fish and other aquatic life and is not
authorized by this permit.

22. This permit does not authorize removal of woody vegetation on the bank or the
crossing or disturbance of Duke Power property to gain access to the construction
site. If Duke Power permits removal of shrubs or trees for temporary access, the
vegetation should be cut off at the ground and the roots left intact to sprout or the
area should be replanted with native vegetation specified by Duke Power to provide
long-term shoreline stability and riparian habitat. Areas without woody vegetation
should be planted with native trees (e.g., hemlock, tulip poplar, red maple and
sycamore) and shrubs (e.g., silky dogwood, rhododendron, mountain laurel or dog
hobble) to provide shoreline cover.

24.The rock stabilization or wall should extend only as high as necessary to stabilize the
bank but no higher than a few inches above the high water mark. If a stacked wall is
used, the rock should be set slightly lakeward to minimize disturbance of vegetation
on the bank. Voids around trees with exposed roots should be backfilled with soil
prior to installing filter cloth and rock.

Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.

If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Ralei.gh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.

Centex Homes I Bear Lake Preserve \
Page 60f6
July 15, 2005:

This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657.

.. Sincerely,

R~c.E;;r~A

Alan W. Klimek, P.E., Director
Division of Water Quality

AWKlkhb

Enclosures: GC 3373
Certificate of Completion
Guidelines to Riparian Buffer Restoration

cc: Beth Mosteller, Mountain Lake Permit Service
878 Mountain Cove Road
Waynesville, NC 28786
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files

Filename: BearLakePreserve.Jackson. GC3373.Approval

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Michael F. Easley, Governor

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Division of Water Quality

May 6, 2005

DWQ Project # 05-0611
Jackson County

CERTIFIED MAIL: RETURN RECEIPT REQUESTED

Andy Southers, Project Manager
Centex Homes Nevada General Partnership DBA
Centex Destination Properties
Bear Lake Reserve
Post Office Box 179
Tuckeseege, NC 28783

Subject Property:

Bear Lake Reserve
Bear Lake Reservoir

REQUEST FOR MORE INFORMATION

Dear Mr. Southers:

On April 11, :W05, the Division of Water Quality (DWQ) received your application dated April 8, 2005 to
impact 435 feet of shoreline for the purpose of stabilization. The DWQ has detennined that your
application was incomplete and/or provided inaccurate information as discussed below. The DWQ will
require additional information in order to process your application to impact shoreline on the subject
property. Therefore, unless we receive the additional infonnation requested below, we will have to move
toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold
as incomplete until we receive this additional infonnation. Please provide the following information so
that we may continue to review your project.

Additional Information Requested:

1. Impact Justification (Avoidance and Minimization)

During the site visit for stream crossings and culvert replacement with your previous consultant,
WNR, Inc., Centex Homes was notified by both the NC Wildlife Resources Commission and the
NC Division of Water Quality that no shoreline stabilization would be considered for this project
due to the land / water interface being mostly bedrock .I saprolite which is highly resistant to
erosion. Additionally, as there is a public lake access adjacent to the property, Centex staff onsite
stated that the development would utilize this access, as opposed to pursuing a marina. You must
provide justification for this change in plan and show justification for the requested length in
impacts in order for this project to be considered.

N~rthCar(;il .
IVall/fIlli:

401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lntemet htto:/Ih2oenr.statenc us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recyc!ed/10% Post Consumer Paper

Centex Destination Properties
Page 2 of2
May 6, 2005

2. Site Plan

There is no overall site plan for the marina area. As this reservoir is classified Water Supply 3, B,
Trout (WS-III, B, Tr) by the Environmental Management Commission, a 30 foot vegetative buffer
is required for Water Supplies and a 25 foot woody vegetative buffer required for Trout waters.
While the application references that no trees will be removed, this development activity must
include provisions to maintain (or recreate) the buffers as required by North Carolina
Administrative Code. A complete site plan, including, but not limited to current and proposed
buffers, must be submitted in order for this package to be processed.

Please respond within 10 business days of the date of this letter by sending this information to me in
writing and Kevin Barnett of the DWQ Asheville Regional Office. Ifwe do not hear from you within
three weeks, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn.

This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney at 919-733-1786
if you have any questions regarding or would like to set up a meeting to discuss this matter.

SinCerelY,.. dl. _

~

r6f., Cyndi Karoly,
DWQ, Wetlands / 401 Unit

JRD/khb

cc: Cyndi Karoly, DWQ Central Office
USACE Asheville Regulatory field Office
file Copy
Central Files

filename: OS-0611.addinfo

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MAY 1 9 2005
WETJJ~R - WATER QUALITY
AND STORMWATER BRANCH

Michael F. Easley, Governor

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Division of Water Quality

Division of Water Quality
Department of Environmental and Natural Resour'c~s
401 OversightJExpress Permit, Program Development and
Transportation Permitting Units

Street Address:

2321 Crabtree Bouleyard, Suite 250
Raleigh, NC 27604-2260

Mailing Address:

1650 Mail Service Center
Raleigh, NC 27699-1650

Contact Information:,

Phone #:
Fax #:\
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919-733-6893

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401 OversighVExpress Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]/lntemet http://h2o.enr.state.nc.us/ncwetlands

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Michael F. Easley, Governor

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Division of Water Quality

May 6, 2005

DWQ Project # 05-0611
Jackson County

CERTIFIED lVIAIL: RETURi~ RECEIPT REQUESTED

Andy Southers, Project Manager
Centex Homes Nevada General Partnership DBA
Centex Destination Properties
Bear Lake Reserve
Post Office Box 179
Tuckeseege, NC 28783

Subject Property:

Bear Lake Reserve
Bear Lake Reservoir

REQUEST FOR MORE INFORIVIATION

Dear Mr. Southers:

On April 11, 2005, the Division of Water Quality (DWQ) received your application dated April 8, 2005 to
impact 435 feet of shoreline for the purpose of stabilization. The DWQ has determined that your
application was incomplete and/or provided inaccurate information as discussed below. The DWQ will
require additional information in order to process your application to impact shoreline on the subject
property. Therefore, unless we receive the additional information requested below, we will have to move
toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold
as incomplete until we receive this additional information. Please provide the following information so
that we may continue to review your project.

Additional Information Requested:

1. Impact Justification (Avoidance and Minimization)

During the site visit for stream crossings and culvert replacement with your previous consultant,
WNR, Inc., Centex Homes was notified by both the NC Wildlife Resources Commission and the
NC Division of Water Quality that no shoreline stabilization would be considered for this project
due to the land / water interface being mostly bedrock .I saprolite which is highly resistant to
erosion. Additionally, as there is a public lake access adjacent to the property, Centex staff onsite.
stated that the development would utilize this access, as opposed to pursuing a marina. You must
provide justification for this change in plan and show justification for the requested length in
impacts in order for this project to be considered. '

One C ..
N-Plth aro'i1.""
IVall/fill,'! .

401 WeUands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250. Raleigh, North Carolina 27604
Phone: [phone]/ FAX 919-733.c893/lntemet http://h20enr.statencus/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% RecycledJ1 0% Post Consumer Paper

Centex Destination Properties
Page 2 of2
May 6, 2005

2. Site Plan

There is no overall site plan for the marina area. As this reservoir is classified Water Supply 3, B,
Trout (WS-III, B, Tr) by the Environmental Management Commission, a 30 foot vegetative buffer
is required for Water Supplies and a 25 foot woody vegetative buffer required for Trout waters.
While the application references that no trees will be removed, this development activity must
include provisions to maintain (or recreate) the buffers as required by North Carolina
Administrative Code. A complete site plan, including, but not limited to current and proposed
buffers, must be submitted in order for this package to be processed.

Please respond within 10 business days of the date of this letter by sending this information to me in
writing and Kevin Barnett of the DWQ Asheville Regional Office. Ifwe do not hear from you within
three weeks, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn.

This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney at 919-733-1786
if you have any questions regarding or would like to set up a meeting to discuss this matter.

~

Cyndi Karoly,
DWQ, Wetlands / 401 Unit

JRD/ khb

cc: Cyndi Karoly, DWQ Central Office
USACE Asheville Regulatory Field Office
File Copy
Central Files

Filename: OS-0611.addinfo

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MAY 1 9 2005
wm27~~ WATER QUALITY
D STORMWATER BRANCH

141001

Oi/08/2005 13:H FAX

BEAR LAKE
RESERVE

SM

485 Fallsbrook Dr.
P.O. Box 179
Tuckasegee, N.C. 28783
Phone [phone]
Fax [phone]

To:

Ian McMillan

From: Andy Southards

Fax: [phone]

Pages: 4 including cover

Phone: [phone]

Date: 7/8/2005

Re:

Letter sent to Kevin Barnelt

cc:

o Urgent

o For Review 0 Please Comment 0 Pleaso Reply 0 Please Recycle

lan,

Per Beth Mosteller, I am faxing you a copy of the letter I sent to Kevin Barnett in May of this year. I am
also including a copy of the certified mail confimlation that was signed by a WJ Thompson in his office.
r will follow with a hard copy today also. If you hove any questions or concerns, please give me a call.

Thanks,

Andy Southards

JUL-8-2005 FRI 12:17 TEL: [phone]

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Ccntex Destination Properties

Bear Lake Reserve
485 ['allsbrook Drive
P.O. Box 179
Tuc!i.a.>Cl;~C, NC 28783
Phune: 828-293-3988 I'ax: 828-293-3854

BEAH LAKE
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May 24, 2005

N.C. Division of Water Quality
Asheville Regional Office
Attn: Mr. Kevin Barnett
2090 U.S. Highway 70
Swannanoa, North Carolina 28778

RE: Bear Lake Reserve Bank Stabilization
Jackson County, North Carolina

Dear Mr. Barnett:

The purpose of this letter is to respond 10 your letter dated May 6, 2005 in which
you raised some questions about our proposed boat slip and associated bank
stabilization efforts. My involvement with the project began in January 2005 as
the Land Development Field Manager. Since I received your letter, I have
searched my files and made several phone calls 10 Melrose Design Group and
Wetland and Natural Resource Consultants, Inc. to obtain as much background
information as I could before responding. Both of the above mentioned firms are
still actively involved with the project.

I am somewhat confused by some of your comments. For clarification, we are
not proposing a boat ramp. Any of the residents of Bear Lake Reserve who wish
to have a boat will access the lake from the current public ramp across the lake
from the project. We are proposing a J 0 slip boat dock that will be anchored at
the beach club area. I believe that solely Duke Power has regulatory authority
over the boat slip itself especially since it will be a floating structure that is only
anchored to the shoreline and not the bottom of the lake.

Concerning the agreement to not do any bank stabilization or a boat slip, I do
not have written copy of the agreement that you mention in your letter.
According to Jennifer Robertson with WNR an application to stabilize 6.000 linear
feet of shoreline was submitted to Duke Power in early 2003. Staff from Melrose
Design Group identified this 6,000 linear feet of shoreline as eroding and
unstable. However. after discussions with our consultants, we made the decision
to withdraw the application once additional discussions were held with Duke
and other regulatory agencies.

Ms. Robertson indicated that Tamp Bandy with WNR. John Lenihan and Chuck
Hall with Centex, Owen Anderson with the North Carolina Wildlife Resource
Commission, and yourself were present during the site visit you mention.
Everyone that I have talked to says that you all probably discussed that day that

JUL-8-2005 FRI 12:19

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Ccntex Dc.'itinatioll l)ropcrties

Bear Lake Reserve
485 Fallsbrook Drive
P.O. Box 179
Tuckuscgcc, NC 28783
Phone: 82~-293-3988 fax: [phone]

BEAR LAKE
R n s r. Jl. v nM

we had withdrawn the application to Duke and that any bank stabilization or
boat slip were uncertain at that time and would be addressed at a later date.
However, everyone at the meeting would have agreed that any stabilization
efforts in the future would not encompass the major project 16000' of bank
stabilization and 40 total boat slips) proposed originally. I obviously was not
present at the meeting, but I do not think that the President of Centex
Destination Properties would agree that we would not propose anything on the
lake knowing that the plans for such work were unsure and one to two years in
the future.

In response to your concern of a site plan in this area, we do not have any
intention to alter the actual site in this area other than the stabilization. We do
not plan to remove any trees, and we will not be violating the vegetative buffers
you mention in your letter. We are strictly proposing to build a 10 slip boat dock,
which will float in the water, The only site alteration that is proposed is the
stabilization. which will not involve clearing any vegetation that is currently
present on the site. We are aware of the high quality of water that must be
maintained at this site. We are also very concemed of erosion control measures
at Bear Lake Reserve, and we feel stabilization of this bank will help ensure we
will not have any erosion problems in the future.

We would like to stabilize the lake banks in the area bordering the boat slip
because we realize that more wave action will result from the increased boat
traffic surrounding the lake club community. This area was also one of the areas
proposed for stabilization in the original Duke application back in early 2003. I
have received comments concerning our proposed work from the NC WRC
along with the Army Corps permit approving the 435 linear feet of bank
stabilization. I have included copies of each of these for your review.

Ilook forward to working with you to resolve your concerns so we can proceed
with our stabilization efforts. Please feel free to contact me with any further
questions or concerns you may have.

<::;gs~

Andy Southards

Copy Furnished To:

N.C. Division of Water Quality
401 Wetlands Unit
Alln; Mrs. Cynci Karoly
2321 Crabtree Blvd.
Raleigh. North Carolina 27604-2260

JUL-S-2005 FRI 12:20 TEL: [phone]S9J

tHlE: m.JQ -l,lETLHtlU;

P. 4

DS-DLP\\

Mountain !Lake Permii: SeMlioo

BETH MOSTELLER
878 MOUNTAIN COVE ROAD
WAYNESVILLE, NC 28786

TELEPHONE: [phone]

FAX: [phone]

E-MAIL: [e-mail]

June 21,2005

N.C. Department of Envirorunental, Health and Natural Resources Division of Water
Quality
2321 Crabtree Boulevard
Raleigh, N.C. 27604

Subject: Application for Private Marina

Mailing Address:
Andy Southards, Project Manager
Centex Homes Nevada General Partnership DBA
Centex Destination Properties
Bear Lake Reserve
Post Office 179
Tuckasegee, NC 28783
Property Address:
Bear Lake Reserve - North Carolina
72 Bear Lake Road
Tuckasegee, NC 28783
Bear Lake Reserve

m&1@&10W&1@
JUN 2 3 2005
\1,~~11.: \VATER QUALIn'
D STOR/.IWA'rER ORAllel!

We mailed you a request for comments in reference to an application for stabiliation for
Cent ex Destination Properties at Bear Lake a subdivision in Jackson County, North
Carolina. This letter was dated April 8, 2005 and it has been 60 days for response. This
letter is to confinn that you received the first letter dated April 8, 2005 and that you have
"no comments" on this application.

Thank you,

f),J'.k. 'f1l ~

Mountain Lake Permit Service
878 Mountain Cove Road
Waynesville, NC 28786
Telephone: [phone]
Fax: [phone]

Triage Check List

Kevin Barnett, Asheville Regional Office

Project Name: Bear Lake Reserve
D\VQ#: 05-0611
County: Jackson

Date: 4/14/05

To: 60-day Processing Time: 4/11105 to 6/9/05

From: Cyndi Karoly Telephone: [phone]

The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.

D Stream length impacted
D Stream detemlination
Wetland detennination and distance to blue-line surface waters on USFW topo maps
D Minimization/avoidance issues
D Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
D Pond fill
D Mitigation Ratios
Di tching
D Are the stream and or wetland mitigation sites available and viable?
D Check drawings for accuracy
D Is the application consistent with pre-application meetings?
Cumulative impact concern
D
D
D

Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested infomlation to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!

Mountain Lake Permit SeINDaa

Mountain Cove Road
Waynesville, NC 28786
Telephone: [phone]
FAX: [phone]

e-mail: DRBMOST(Ij)asapgroup.C0111

April 8, 2005

North Carolina Division of Water Quality
2321 Crabtree Boulevard
Parkview Building
Raleigh, North Carolina 27604

Subject: Applications Private Marina and
Native Stone Stabilization

Mailing Address:

Andy Southers
P.O. Box 179
Tuckasegeee, NC 28783

~~@~nw~ ~

APR 1 1 2005

Property Address:

DENR. WATER QUAliTY
\'.E1/JIDS IJID STORI.f"",A.TER BRANCH

572 Bear Lake Road
Tuckasegee, NC 28783
Bear Lake Reserve

This Letter is a Summary ofthe Enclosed Application

One original and seven copies = Total of eight enclosed

1. Check for $200.00 Application Fee
2. Letter from Duke Power - Nantahala Area Lake representative
3. 401 Water Quality Certification
4. Agent Authorization Letter
5. Proposal Letter
6. Master Plan
7. Plat
8. Road Map
9. Directions
10. Pictures
11. Plan sketch
12. Self addressed envelope with postage

A Du/.:t: Enagy Company

Duke Power

52G South Church Street
1'.0. Box IOOG
Ch,lrlotlc. NC 2H20 1-1 (JOG

f:2A Duke
r c:!I Power@

April 7, 2005

Andy Southers, Project Manager
Centex Homes Nevada General Partnership DBA
Centex Destination Properties
Bear Lake Reserve
P.O. Box 179
Tuckeseegee, NC 28783

Dear Mr. Southers:

I am in receipt of a letter of intent from Mountain Lake Permit Service (serving as your
agent) requesting approval from Duke Power Company it install a Private 10-slip Marina
with a designated fueling slip, shoreline stabilization, a small water pump and a dry
hydrant within the FERC project #02698-02-01 at Bear Lake, in Jackson County.

I will address each request and requirements related to current Shoreline Management
Guidelines.

Ten Slip Private Marina:
This office does not have a problem granting a request for a private 10-slip marina to be
used by off lake homeowners. The request for a one slip fueling site must be located as
close to thc shoreline as possible, and a absorbent oil boom be maintained in good repair
at all times. This slip will only be used for re-fueling of Bear Lake Reserve residents.

Shoreline Stabilization:
I see that you are requesting to stabilize 435 feet within thc FERC project. I do not have a
problem with you stabilizing Duke Powcr property if all current shoreline management
guidelines are followed. I have seen the area that you are requesting to stabilize, and
agree that in order to maintain that area; it will require rip-rap due to the extra boat traffic
on the point. I would ask that any area that has to be disturbed by equipment, be replanted
with native vegetation and remain as natural as possible, as stated in DPNA guidelines.

Water Pump:
Duke Power will only allow water pumps that provide five gallons per minute or less.
No large irrigation pumps within the project.

You will need to provide this office with an electrical inspection report, should the pump
be installed within the FERC project.

Dry Hydrant:
The request for a dry hydrant will also be allowed, if all guidelines are followed. DPNA
guidelines require that the intake for such a device be located at least five foot below the
intake for Bear Lake. That elevation is 170.0 ft. from full pool, with full pool being
2389.3. The pipe for the dry hydrant should be incorporated with the stabilization
process in order to cover it. The pipe must lie on the lakebed and be secured as to not
present a safety hazard to boaters or the general public while using the Lake.

Should you have questions, please feel free to contact this office at either [phone]
or by cell phone at [phone]

Sincerely,

~Q.)-\~

Dale R. Mosteller
Nantahala Area Lake Manager

The following is an abbreviated application form for those applying for a 401 'Vater
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP30. This Application cannot be used for wetland or stream impacts. Please
provide seven (7) copies of this application and supporting information as well as a
non-refundable application fee to the Division of 'Vater Quality of $200.00 for
impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom
of greater or equal to 1 acre.

Applications should be sent to:

Division of 'Vater Quality 'Vetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

I. Applicant Information

1. Owner/Applicant Information
Name Centex Destination Properties - Bear Lake Reserve
Mailing Address: P.O. Box 179
Tuckasegee, NC 28783

Telephone Number: 828-293-3988
E-mail Address: N/ A

Fax Number: N/ A

2. Agent Information (A signed and dated copy of the Agent Authorization letter must
be attached if the Agent has signatory authority for the owner/applicant.)
Name: Beth Mosteller
Company Affiliation: Mountain Lake Permit Service
Mailing Address: 878 Mountain Cove Road
Wavnesville, North Carolina 28786

Telephone Number: 828/456-8195 Fax Number: 828/456-6554
E-mail Address:[e-mail]

II. Project Information

Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries and development plans in relation to
surrounding properties. You may use the diagram below to make a hand sketch of

your project. Also, see the example below for guidance. Both the vicinity map
and site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.

1. Location
County: Jackson Nearest Town: Cashiers
Subdivision name or site address (include phase/lot number): Bear Lake Reserve /
Lake Club
Directions to site please include road numbers, landmarks, etc, (This is not
necessary is an adequate vicinity map is included: From Svlva travel Highway 107
South toward Cashiers. Turn left onto Highway 281 at the Tuckasegee U.S. Post
Office, travel Highway 281 approximately eight miles to the North Carolina
Wildlife Public Access area sign turn right onto Bear Lake Road.

2. Describe the existing land use or condition of the site at the time of this application:
Wooded lake lot

3. Property size (acres): 6.50

4. Nearest body of water (stream/river/soundJoceanllake): Bear Lake

5. Describe the purpose of the proposed work: To apply rip rap (native stone), along
435 feet of shoreline to help stabilize the shoreline and prevent erosion.

6. List the type of equipment to be used to construct the project: Rubber track-shoe, and
hand

7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: 3 feet x 435 feet =1,305
square feet

8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in
square feet or acres: 2 feet x 435 + 8 feet x 50 feet = 870 + 400 = 1,270 square feet

b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): No trees will need to be
removed. Mulch will be applied to the disturbed area.

~;:tk 1"\~ ~l <3 ;2()o~
Applicant! gent's Signature Date '
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Mountain Lake Permit SelVice

Beth Mosteller
878 Mountain Cove Road
Waynesville, NC 28786

Telephone & Fax: [phone]

e-mail: [e-mail]

Authorization Letter

Property 10 7586-91-6291
Centex Destination Properties - Bear Lake Reserve
Andy Southards, Project Manager

I give Beth Mosteller of Mountain Lake Permit Service Authorization to
sign as my agent.

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I Date

Mountain lake Permit SelVice

Beth Mosteller
878 Mountain Cove Road
Waynesville, NC 28786

Telephone: [phone]

FAX: [phone]

e-mail: [e-mail]

April 8, 2005

N.C. Department of Environmental, Health and Natural Resources Division of Water Quality
2321 Crabtree Boulevard
Raleigh, N.C. 27604

Centex Destination Properties - Bear Lake Reserve in Tuckasegee, North Carolina, is a developer
on Bear Lake, North Carolina. They arc developing 1,463 acres into 485 residential home sites.

They are applying for a Private Marina Permit requesting one ten-slip dock located at the Lake Club
site to serve the 401 off water home site lots. The ten-slip dock will be located off 572 Bear Lake
Road, on parcel ill 7586-91-6291, identified in the Jackson County Real Estate Data, and this
parcel has 435 feet of shoreline and zero feet is considered as an environmental area.

The ten-slip dock will have a designated slip for refueling residents' motorized watercraft. The
fueling slip will be clearly marked and absorbent booms will be installed in case of a spill. The
container housing the fuel will be located above the 2570 elevation.

They are applying for shoreline stabilization rip rap using native stone, surge stone and filter fabric
that will be placed along 435 feet of the 435 feet of shoreline. The equipment to be used in this
project will be a rubber track hoe and hands.

They are applying for two types of water withdrawal as follows:

Irrigation:
To install a small water pump to be used for irrigation of .03 acres of planting beds and .05 acres of
lawn. The pump will be used to fill a storage tank for this irrigation. The pump will be a rating of 5
gallons per minute, which meets Duke Power Guidelines. The storage tank will be located above
the 2570 elevation.

Dry Hydrant:
To install a dry hydrant for fire suppression. The dry hydrant will be installed to meet Duke Power
Guidelines. The intake for this dry hydrant will be located not less than 5 feet below the intake for
Bear Creek hydro plant. The pipe for the dry hydrant will be incorporated in the stabilization of the
shoreline, covered by native stone, which prevents a navigational or safety hazard. The dry hydrant
will be located above the 2570 elevation

Measures that will be taken to protect water quality are as follows:

· Established a 50-foot buffer from the 2570 elevation around the shoreline.
· All trees 3 feet or greater in height shall not be removed unless approved by Duke Power
Company.
· All construction along the shoreline will provide two (2) rows of silt fence between the
construction site and the shoreline.
· Installation of extensive sedimentation and erosion control structures prior to any land
disturbing activities.
· No dredging will be necessary.

We would like to request a response within 60 days. If you have any questions please call my
office at 828-456-8195.

Sincerely,

~~fi~1

Beth Mosteller - Agent Owner - Mountain Lake Permit Service

MASTER PLAN

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DUKE POWER DIRECTIONS BY ROAD FORM

Lake Use Permit Applicants and Contractors: Ease oflocating the proposed project site can have a big impact on
pennit processing time. Please complete this form and return it along with your completed pennit application to:

DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
PO BOX 1006
CHARLOTTE, NC 28201-1006
1-800-443-5193

Applicant's Name Centex Destination Properties - Bear Lake Reserve

Street Address (at lake): 572 Bear Lake Road. Tuckasegee. NC 28783

Type ofPennit Requested
"Circle":

Lake Name: Bear Lake

E~C'~v~tinn
C"tabilization =>
Conveyance
Miscellaneous Uses

Subdivision Name: Bear Lake Reserve

Property Section: Phase II

Lot # Lake Club

City: Tuckasegee

County: Jackson

State: NC

Zip: 28783

Telephone: [phone]

Directions (from major road or highway):

From Sylva travel Highway 107 South toward Cashiers. Turn left onto Highway 281 at the Tuckasegee
U.S. Post Office, travel Highway 281 approximately eight miles to the North Carolina Wildlife Public
Access area sign turn right onto Bear Lake Road.

Descriptive Structure(s) on Property (i.e. brick garage, white fence, mobile home, etc):

Vacant lot - future Lake Club

*Note: Please use the baek of this form if desired to draw us a map to the site.

PICTURES

PICTURES

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PLAN SKETCH

Lake (Full Pond)

below full pond
rip rap 3 ft x 43 ft
above full pond
na Ive s one x 435 ft
Filter fabric between
Surge stone 2 ft x 435 ft

Pathway
8 ft x 50 ft

Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10ft. x 100 ft):
1) All proposed vegetation clearing (provide dimensions)
2) Location of rip rap or fill to be placed above the Full Pond elevation
3) Location of rip rap or fill to be placed below the Full Pond elevation
4) The location of any proposed structures such as buildings, retaining
walls, docks, etc.
5) The location of any excavation or dredging below the Full Pond
elevation.
6) Location of construction access corridors.

. 435 feet
· Rip rap will be approximately 435 feet long and 2 feet above full pond.
(Class B native stone - 5'-15' size)

~

tAOUNTAIN LAKE PERMIT SERVICE

1"ELEPHONE: 828/456-8195
FAX: [phone]
E-MAIL: [e-mail]
ADDRESS: BETH MOSTELLER
878 MOUNTAIN COVE ROAD
WAYNESVILLE, NC 28786

pERMIT APPLICATIONS FOR
pOCK - SHORELINE STABILIZATION - COMMERCIAL