20080427 Ver 1_General Correspondence_20090710

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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
July 10, 2009
DWQ# 08-0427
Wilkes County
CERTIFIED MAIL: 7008 3230 0000 9861 6047
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 received a letter from John M. Logsdon, McElwee Firm, PLLC on your
behalf in response to our June 15, 2009 letter.
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 application form that you submitted requested specific information about the rp operty on which the isolated wetlands
were present, not the specific project/building/parcel within that property. The property PIN number was requested and
provided by you as 3858-01-6335 and the property size noted by you on was 1.94 acres. Upon review of information with
Wilkes County Tax records, these two statements are in contradiction as the PIN number indicates that this parcel is 6.7
acres in size. This indicates a discrepancy with the prior review and approval by this office. In reviewing applications for
discharge into wetlands or streams the Division considers all aspects of the property under single ownership or joint
venture. This is also clear in that the application form specifically requests information on whether the project is a phased
project that would indicate future development under the same owner or overall project. All applications evaluated by the
Division are based on total property impacts and development.
The Division's Stormwater Management Policy indicates that an engineered stormwater plan is required for "all drainage
areas that are considered high density". It does not indicate that these drainage areas must be draining to wetlands or
streams but rather that they are part of the overall property under development.
You must submit a request for a modification of the isolated wetlands approval prior to constructing additional
development on site. The modification must identify the entire project to be developed at this time or in the future,
regardless of whether the sites are to be phased in over time. As stated in the June 15, 2009 letter, 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 $25,000 per violation per day.
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.ncwaterquality.org ?aturallr?
An Equal Opportunity 1 Affirmative Action Employer
Mr. Neil Shepherd
July 2, 2009
Page 2 of 2
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: John M. Logsdon, McElwee Firm, PLLC (via email)
DWQ NPS Assistance and Compliance Oversight Unit (via email)
DWQ Winston-Salem Regional Office - 401 Files
DWQ Wetlands/401 Unit
Tim Latham, DLR Winston-Salem Regional Office (via email)