HomeMy WebLinkAbout20080427 Ver 1_Approval Letter_20081020Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Colleen H. Sullins, Director
Division of Water Quality
October 20, 2008
DWQ# 08-0427
Wilkes County
Mr. Neil Shepherd
Wilkes Development Company
529 Main Street
North Wilkesboro, NC 28659
APPROVAL of Isolated Wetlands Permit with Additional Conditions
Dear Mr. Shepherd:
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.32 acres of isolated
wetlands in order develop a commercial property in Wilkesboro, NC in Wilkes County, as described in your application
received by the Division of Water Quality (Division) on March 5, 2008 and additional information provided on July 9,
2008 and September 16, 2008. After reviewing your application, we have determined that this fill is covered by State
General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000), which can be viewed on our web
site at hLtp://www.ncwaterqualily.org/wetlands.html. In addition, you should secure any other applicable federal, state
or local permits before you proceed with your project, including (but not limited to) those required by Sediment and
Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the
accompanying 404 permits expire unless otherwise specified in the General Certification.
This approval is valid only for the purpose and design that you have described in your application and in your Major
Variance Request. If you change your project, you must notify us in writing, and you may be required to send us a new
application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fill for this project (now or
in the future) exceeds one acre, 'or total fill to perennial streams equals or exceeds 150 linear feet, additional
compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). For this approval to be valid, you
must follow the conditions listed in the attached certification, as well as the additional conditions listed below:
The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Identifier -Impact type impact area
Wetland WD Fill 0.32 acres
Total 0.32 acres
2. The final, written stormwater management plans (including a signed and notarized Operation and Maintenance
Agreement) dated September 12, 2008, must be implemented and the stormwater management facilities shall be
constructed and operational before any permanent building is occupied at the subject site. The structural
stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No
changes to the structural stormwater practices shall be made without written authorization from the Division of
Water Quality.
Ncif Carolina
?tumily
North Carolina Division of Water Quality 585 Waughtown Street Phone (336) 771-5000 Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax (336) 771-4630 1-877-623-6748
Internet: www.newaterquality.org
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Neil Shepherd
October 20, 2008
DWQ # 08-0427
Page 2
3. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion"
to notify NCDWQ when all work included in the §401 Certification has been completed. This certificate
should be returned to the Winston-Salem Regional Office of the NC Division of Water Quality at the
address listed on the form.
If you do not accept any of the conditions of this certification, 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, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
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 contact Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or at
sue.homewood@ncmall.net.
Sincerely,
ell,
Coleen H. Sullins
cc: DWQ Winston-Salem Regional Office
DWQ Wetlands/401