20100973 Ver 1_More Info Letter_20101119

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 19, 2010
DWQ# 10-0973
Ashe County
CERTIFIED MAIL: 7010 0290 0001 4856 4546
RETURN RECEIPT REQUESTED
Derek Goddard
Blue Ridge Environmental Consultants PA
467 Calloway Gap Rd.
West Jefferson, NC 28694
Re: Section 401 Water Quality Certification application
Dear Mr. Goddard:
On November 1, 2010, the North Carolina Division of Water Quality (Division) received a copy of an
application for a 404 Nationwide Permit and coverage under a 401 General Water Quality Certification to
impact 145 linear feet of stream on property referred to as the Amelia Properties Fast Food Project Site in West
Jefferson, NC in Ashe County. Upon review of the documentation, the Division notes that additional
information is necessary to ensure this project's compliance with the Conditions of 401 General Water Quality
Certification Number 3821 (GC #3821):
1. Page 8 of the Pre-Construction Notification (PCN) notes that this facility will have 0% impervious
surface. Please note that the Division requires the impervious surface determination to be made
based on the final project/final use.
2. Condition Number 12 of Water Quality General Certification #3821 requires that all High-density
projects require the installation of stormwater BMPs. A copy of General Certification #3821 is
included for your reference.
3. The second paragraph on Page 2 of General Certification #3821 states "Activities that are below
thresholds.... do not require written approval from the Division of Water Quality as long as they
comply with the Conditions of Certification listed below, including the Stormwater Management
Plan condition." As currently designed, your project does not appear to meet Condition #12 of
GC#3821.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
AMI(rally
Derek Goddard
DWQ# 10-0973
November 18, 2010
Page 2 of 2
Please respond in writing within 60 calendar days of the date of this letter by submitting notification of your
projects compliance with Condition #12 of General Certification #3821 to Sue Homewood at the address noted
on this letterhead, or by submitting five copies of a revised PCN form and all required documentation (see
instructions at this website: http://www.saw.usace.army.mil/WETLANDS/pcn/) requesting written authorization
for your project to Ian McMillan N. C. Division of Water Quality, Wetlands/401 Certification Unit, 1650 Mail
Service Center, Raleigh, NC 27699-1650. If we do not hear from you in 60 calendar days, 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 Division. If you have any questions, please contact me at 336-771-4964 or
[e-mail].
Sincerely,

Sue Homewood
DWQ Winston-Salem Regional Office
cc: Amelia Properties LLC, 1642 5`n St. Dr. NW, Hickory NC 28601 - Certified Mail #7010 0290 0001 4856 4553
Tasha McCormick, U. S. Army Corps of Engineers, Asheville Regulatory Field Office (via email)
Ron Linville, NCWRC (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401 Unit