State Division Of Water Quality Denies 401 Permit For Lowes Project Cites “Insufficient Evidence” For Proposed Shopping Center In Banner Elk By Miles Tager The proposed Lowes shopping center in Banner Elk has been denied its 401 permit by the state Division of Water Quality, who cited “insufficient evidence for plans for the discharge of fill material.” In a letter dated December 4 addressed to Robert Stultz of Collett & Associates of Charlotte, DWQ – a division of the North Carolina Department of Environment & Natural Resources (DENR) – official John Dorney outlined said “insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance” with state regulations. The project proposes two phases of construction of a large shopping center on approximately 30 acres “along 1,243 linear feet of streams and 1.14 acres of wetlands” along the Elk River in the Watauga River Watershed. The DWQ letter stated that the agency “required information supporting your position that states your project must be constructed as planned and that you have no practicable alternative to placing fills in these waters and wetlands.” Dorney further requested “detailed responses to the following questions” relating to stream restoration, wetland mitigation, stormwater management, cumulative impact, sedimentation and erosion control, and the issue of a public hearing. The letter outlined six categories with four subheadings under stream restoration and three each under wetland mitigation and stormwater management. Subhead 3 under Wetland Mitigation states “the proposed mitigation plan is much too general and does not provide enough details for us to determine whether it is likely to succeed.” Regarding the public hearing, Dorney states “the Division has received numerous requests for a Public Hearing for this project . . . we will seek this decision while this project is on hold for the above information.” The DWQ gave Collet three weeks “of the date of this letter” to respond “or we will assume that you no longer want to pursue this project . . . and until we receive this additional information we are requesting that the U.S. Army Corps of Engineers place your project on administrative hold.”