20211654 Ver 1_Approval Letter_20211201

SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED

December 01, 2021

DWR # 20-211654
McDowell County
Kristina Brosowsky
Email: [e-mail]

Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Brosowsky, 365 Big Tree Way – Lake James

Dear Ms. Brosowsky,
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) November 15, 2021, with payment received on
November 15, 2021, and additional information received on November 30, 2021 . These impacts are
covered by the attached Water Quality General Certification Number 4145 and the conditions listed
below. This certification is associated with the use of General Permit Number 30 once it is issued to you
by the U.S. Army Corps of Engineers. Please note that you should get 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, and Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification and to the additional
conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]

Type of Impact

Amount Approved
Permanent
Open Waters Above Pool Below Pool
0.008 (acres) 0.010 (acres)
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 this Certification. If you change your project,
you must notify the Division and you may be required to submit a new application package with the
DocuSign Envelope ID: AEE0AC01-1EF1-45F9-934A-9E3D8016E982

Brosowsky, 365 Big Tree Way
DWR# 20-211654
401 Certification
Page 2 of 3

appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification or with the additional conditions itemized below, you must notify the Asheville Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Asheville Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
Additional Conditions:
1. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave
or current action or stream flows and shall consist of clean rock or masonry material free of
debris or toxic pollutants. The rip-rap shall be installed over 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) and 15A NCAC 02H .0506 (b)(1)]
Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. In determining that the proposed activity
will comply with state water quality standards (including designated uses, numeric criteria,
narrative criteria and the state’s antidegradation policy), the Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards or would result in secondary or cumulative impacts.
2. The proposed project must comply with the McDowell County local riparian buffer ordinance
approved by the Division of Water Quality under the Catawba River Basin: Protection and
Maintenance of Existing Riparian Buffers. [15A NCAC 02B.0614(12).]

This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk’s Office at [phone].

DocuSign Envelope ID: AEE0AC01-1EF1-45F9-934A-9E3D8016E982

Brosowsky, 365 Big Tree Way
DWR# 20-211654
401 Certification
Page 3 of 3

One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Mitchell Anderson at 828-296-4662 or [e-mail] if you
have any questions or concerns.

Sincerely,

Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ – ARO

Enclosures: GC 4145
Certificate of Completion

ec: Amanda Jones - USACE Asheville Regulatory Field Office
Andrea Leslie - NCWRC
Ron Harmon – McDowell County
Cayce Brennan – Duke Energy Lake Services
DWR 401 & Buffer Permitting Unit file

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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: 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 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.

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