20080427 Ver 1_General Correspondence_20090615

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 15, 2009
DWQ# 08-0427
Wilkes County
CERTIFIED MAIL: 7008 3230 0000 9861 5958
RETURN RECEIPT REQUESTED
Mr. Neil Shepherd
Wilkes Development Company
529 Main Street
North Wilkesboro, NC 28659
Re: Section 401 Water Quality Certification application
Dear Mr. Shepherd:
The Division of Water Quality (Division) has become aware that information supplied to us during your permit application process for
the referenced project number may not accurately reflect the size and scope of your project. Please note that the Water Quality
Certification issued by the Division on October 20, 2008 states the following: "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."
The permit approval was based on plans that indicated that one commercial development would be constructed on a 1.94 acre property
and information the Division has recently received from the Division of Land Resources (DLR) indicates that the project size is a total
of five adjacent commercial properties being developed at the same time as one commercial development which is much larger than
approved.
The Isolated Wetlands Permit which you were certified by the Division to operate under requires that a Stormwater Management Plan
be designed and implemented for all areas of the project with greater than 30% impervious surface. Construction of five commercial
development lots as shown in your proposal submitted to the DLR would be in violation of your 401 Water Quality Certification
issued by the Division and subject to civil penalties of up to $2,5,000 per violation per day.
If you have any questions, please contact Sue Homewood, DWQ, Winston-Salem Regional Office, at 336-771-4964 or
[e-mail].
Sincerely,
Steve W. Tedder
Regional Supervisor
DWQ Winston-Salem Regional Office
cc: DWQ Winston-Salem Regional Office - 401 Files
DWQ Wetlands/401 Unit
Tim Latham, DLR Winston-Salem Regional Office
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St Winston-Salem, North Carolina 27107 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet www.rimaterquality.org ;Vaturtd!
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