20210499 Ver 2_Approval Letter_20220815

North Carolina Department of Environmental Quality | Division of Water Resources
Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778
828.296.4500

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

August 15, 2022

DWR # 21-0499 V2
McDowell County
Duke Energy Corporation
Attn: Ryan Snitker
526 South Church St
Charlotte, NC 28202
Email: [e-mail]

Subject: 401 WATER QUALITY CERTIFICATION COVERAGE
Duke Energy Corporation, Black Bear Public Fishing Pier

Dear Mr. Snitker
The Division has reviewed the proposed project as described in your application dated July 29, 2022 and
received by the Division of Water Resources (Division) on August 10, 2022 with subsequent information
received on August 15, 2022. These impacts are covered by the attached Water Quality General
Certification Number 4502. This general certification is associated with the use of U.S. Army Corps of
Engineers Wilmington District’s Regional General Permit Number 30. 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 or
State Riparian Buffer 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.
This acknowledgement is specific for the purpose and design, plans, specifications and impacts as
described in your application. 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 Letter and General Certification and is responsible for complying
with all conditions. [15A NCAC 02H .0507(d)(2), 15A NCAC 02H .0506(b)]. The following proposed
impacts are described in your application:

Type of Impact Amount Approved
(units) Permanent
Amount Approved
(units) Temporary
Open Waters
Above Pool 0.002 (acres) 0.001 (acres)
Below Pool 0.004 (acres) 0.057 (acres)
DocuSign Envelope ID: 08B71790-4C79-4BC4-B0F5-03D715E42B4F

North Carolina Department of Environmental Quality | Division of Water Resources
Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778
828.296.4500

Duke Energy Corporation, Black Bear Public Fishing Pier
DWR# 21-0499 V2
401 Certification
Page 2 of 2

If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, 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 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.
This letter is final and binding unless contested and 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].
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 Division’s review 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,

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

Enclosures: GC 4502
Certificate of Completion

ec: Jeff Ferguson PE - NCWRC
Brandee Boggs - USACE Asheville Regulatory Field Office
Ron Harmon - McDowell County
Cayce Brennan – Duke Energy Lake Services
DWR 401 & Buffer Permitting Unit file
DocuSign Envelope ID: 08B71790-4C79-4BC4-B0F5-03D715E42B4F