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HomeMy WebLinkAbout20100095 Ver 1_401 Application_20100310Ms. Gilleski, Upon completion please e-mail a copy to Todd Eldridge at TE1 dridgeLagrime-eng.com. Thank you very much, Terry Murray Terminal Manager TransMontaigne tmurray@transmontaigne.com Selma, N.C. 27576 919-965-9442 TRANSMITTAL !? ?o -oog5 PRIME ENGINEERING To: Ms. Lia Gilleski Date: March 16, 2010 Company: North Carolina DENR From: Alex Brock, PE Address: 2321 Crabtree Blvd., Suite 250 Phone Number: (404) 425-7100 Raleigh, NC 27604 Project Name: TransMontaigne - Selma, NC Terminal Phone 919.733.9502 Project 1129-0043.000 Number: We are Transmitting: ® Attached ? Under Separate Cover Via: Federal Express The following: Quantity 1 DDate 3/16/10 Description Express Review Fee Check in the amount of $2,000 5 3/16/10 PCN Application w/ Agent Authorization form; USGS Map; Soils Map 2 S1Sets ';7 % 3/16/10 Construction Documents 1 3/16/10 Completed PCN Checklist 3 3/16/10 Diffuse Flow Provisions (Level Spreader Supplemental Form w/ Calculations, O&M -A reements (copies), Photos of area, Warranty Deed) 3 3/16/10 Level Spreader Required Items Checklist 1 3/16/10 CD with full size plans in PDF format MAR 1 7 7010 PA tip WETLANDS AND STORMWAM BRANCH These are Transmitted: ? For Your Information ® For Review and Comment ? At Your Request Remarks: Lia, ? For Approval ? Return corrected copies ? Make Corrections as Noted ? Submit copies for approval ? Revise and Resubmit ? Resubmit copies for distribution Please let me know if you have any comments or need anything else. Thanks for your assistance. Alex Copy: Todd Eldridge, PE Tom DeGrace, PE File (1129-0043.000) 1888 Emery Street, NW ¦ Suite 300 Atlanta, GA :30318 main: 404-425-71.00 ¦ 6.x:404-425-7101 ti?-???.pritlle-en .corn 2 TRANSMITTAL ?' U PRIME ENGINEERING .. a To: Ms. Lia Gilleski Date: March 16, 2010 Company: North Carolina DENR From: Alex Brock, PE Address: 2321 Crabtree Blvd., Suite 250 Phone Number: (404) 425-7100 Raleigh, NC 27604 Project Name: TransMontaigne - Selma, NC Terminal Phone 919.733.9502 Project #: 1129-0043.000 Number: We are Transmitting: ® Attached ? Under Separate Cover Via: Federal Express The following: Quaniity DDate 3/16/10 - Description -.Express-Review Fee-Cheerk4nt e- -HfA-A .......5... ___. . ..3/16110 PCN Application.-w/-Agent Authorization-form-, USGS- 4ap; Setls? frSets tom" 3/16/10 Construction Documents Completed PCN Checklist--- _3_ 3/16/10 Diffuse Flow Provisions (Level Spreader Supplemental Form.wL_CaleulataQns,.4&M- Agreements (copies), Photos of area, Warranty Deed) 3 3/16/10 Level Spreader Required Items Checklist- 1 - 3/16/10 CD with full size plans in PDF format MR-MTERWAUff WETLANDS AND STORMHATER BRANCH These are Transmitted: ? For Your information E For Review and Comment ? At Your Request ? For Approval ? Make Corrections as Noted ? Revise and Resubmit ? Return ? Submit ? Resubmit corrected copies copies for approval copies for distribution Remarks: Lia, Please let me know if you have any comments or need anything else. Thanks for your assistance. Alex Copy: Todd Eldridge, PE Tom DeGrace, PE File (1129-0043.000) 1888 Emery Street, 2iIW ¦ Suite 300 ¦ Atlanta, OA 30318 niain.:404-425-71.00 ¦ fax: 404-42>-7101. wvvw.prime-eng.com f ? Version 1.4 January 9, 2009 401 Oversight/Express Permitting PCN Submittal Checklist []' The application fee (Checks may be made out to "N.C. Division of Water Quality" - $240.00 for 401 Water Quality Certification with minor impacts - $570.00 for 401 Water Quality Certification with major impacts - Express Review Fee (Amount requested on Acceptance Letter) $ ADD Five (5) complete and collated copies of the PCN Application and supporting documentation (instead of providing 5 copies of the full size plans you may provide two copies of full size plans along with three copies of 11 X 17 plans) ? Stormwater Management Plan (if applicable - see PCN Form Help File Section E) 1) Please provide three (3) copies of the stormwater management plans along with all supporting information pertaining to this project including the following: a. Entire site development/layout plans delineating all drainage areas; b. Design calculation sheets for all proposed BMP(s) sized for both on-site and off-site drainage; c. BMP supplements for each proposed BMP and Required Items Check List (http://h2o.enr.state.nc.us/su/bmp forms.htm) along with all required items; d. A Notarized Operation & Maintenance Agreement for each stormwater management facility; e. Detailed construction drawing sheets shall include (i) Erosion and sediment control plans; (ii) Installation and planting schedules for the proposed BMPs; (iii) Appropriately scaled plan views and cross sectional details of all BMPs and associated components - inlet and outlet structures, forebay, respective zones and pertinent elevations. If your project is located within a State implemented Riparian Buffer Rule Area, submit the following along with site plans and PCN form: 1) Three (3) copies of the details for on-site diffuse flow pr visions, (refer to http://h2o.enr.state.nc.us/su/bmp_forms.htm). 411,7 ? DWQ Stream Determination Forms for streams on property and DWQ determination letter for wetlands or streams (if applicable). The following is the most critical of all the information that you must provide. The quality and detail of the information will often determine the expeditiousness of the review. The following is a checklist of the types of pertinent information required at a minimum: Maps and Plans: The most recent version of the 1:24,000 USGS Topographic Mao - Please cleanly draw or delineate the site boundaries on the topographic map. -4X1 92'- The most recent version of the bound and published County NRCS Soil Survey Map - (required for projects within the Neuse River Basin, Tar-Pamlico River Basin, Randleman Lake Watershed and the Catawba River Basin, also recommended for all projects) - Please clearly delineate the site boundaries, etc. on the map. If the delineation obscures any of the features, it is recommended that a clean copy be provided. Copies of the Q4.4,d Version 1.4 January 9, 2009 current soil survey and/or soil survey map sheets can be obtained from the local NRCS County Office (http://www.nc.nres.usda.gov/). GIS soil layers are not acceptable. [Vicinity map - Please clearly mark the location and approximate boundaries of the property and project on the map. Please indicate north arrow and scale. Please include applicable road names or State Road numbers. - on C."', 5t..4 -? D'-"-? sd- G-00 f RThe Site Plan - The most critical map to be provided is the site plan. You must provide full sized plans. The following is the minimum list of plans that are typically needed. 6' -a() ??-ap?i. ,to3. ?2 buffers (delineated into Zones 1 and 2) • Topographic contours with elevations y .Z • Any existing structures and impervious areas • Existing utility lines and easements • Existing roads, culverts, and other pertinent features • North arrow and the scale (1":50' scale is recommended). [9-Pre-construction/Pre-existing conditions - This sheet (or sheets) must include: • All jurisdictional and non-jurisdictional wetland, stream, water features, State regulated [ Proposed conditions - This sheet (or sheets) must include: & e- 2o2. / C-202. z • All jurisdictional and non-jurisdictional wetland, stream, water features, State regulated buffers (delineated into Zones 1 and 2) • Lot layout (if a subdivision or commercial development is proposed) - lots must be developable without further impacts to jurisdictional and non-jurisdictional wetlands, streams, water features, and State regulated buffers. Building envelopes must be provided when streams, wetlands, riparian buffers, or water features exist on a lot • All built-out structures and impervious cover • Final grading contours with elevations • All utilities and easements (including septic fields on all lots within 100 feet of stream, wetland, or water features - if applicable) • Impacted areas - these should correspond with the Impact numbers listed on your PCN form. - C- qua. Z [a'Drainage Plans - Final drainage plans must include the following: C -201, C-3ai.,? • Locations and pertinent elevations and sizes of the stormwater collection system and drainage ways • All inlets and outlets must also be shown with pertinent elevations (All outlets to wetlands must be at a non-erosive velocity, generally less than 2 ft/sec during the peak flow from the 10-yr storm) • Scaled stormwater BMPs must also be indicated as required by DWQ rules and policies • In certain cases (see Section E of PCN form), final stormwater management plans must also be provided (see Stormwater Management Plan Checklist) 166 B '-Proposed Impacts -All impacts to jurisOctionaI and non-Jurisdictional wetland, stream, water features, and State regulated buffers must be shown and labeled on the site plans at a scale no smaller than 1" = 50'. All excavation, fill, flooding, stabilization, and other impacts that will be conducted in or near jurisdictional and non-jurisdictional wetland, stream, water features, and State regulated buffers must be indicated. Please provide cross sectional details showing the provisions for aquatic life passage (burial of culvert 20% for culverts <_ 48 inches, and 1-foot for culverts > 48 inches). Version 1.4 January 9, 2009 Wetland Impacts: IU1A ? Precise grading and final elevation contours must be provided. Existing vegetation and any clearing must be specified. ? All subsurface utility lines must indicate the location of anti-seep collars. Construction detail for anti-seep collars must be provided. ? Roadway or other crossings of riparian wetlands may require floodway culverts to maintain existing hydrological conditions. ? Plans should show that the hydrology of remaining wetlands on the site will be maintained. Stream Impacts: Stream impacts must be clearly shown on the plans. The centerline as well as the banks of the stream must be surveyed or located by GPS for the portion of the stream to be impacted. The inlet and the outlet of all culverts should be aligned with the stream as much as possible. Inlet and outlet elevations and streambed elevations should be indicated. Any inlet or outlet protection must be shown and enumerated on the impact map(s). ? For bottomless culverts or other spans, a vertical cross section should be provided that shows the minimum distance from each span to each stream bank, 0 the stream cross section, the height of the span above the stream and the minimum distance from the edge of each footer to each stream bank. Additionally, please provide a signed and sealed geotechnical report of subsurface soils at the proposed bottomless culvert location. The report must comply with the Division of Highways - Guidelines for Drainage Studies and Hydraulic Design, prepared by A.L. Hankins, Jr., State Hydraulics Engineer - 1999. ? Multiple culverts or sectioned box culverts typically require the use of sills, off- 110 setting or other means to match the cross section of the existing stream (in order to maintain stream stability and provide aquatic life passage). A vertical cross section of the culverts should be shown overlain with the up and downstream stream cross section including the stream flood-prone area. ? Impacts associated with dam construction must indicate and enumerate all fill A )q associated with the dam footprint, spillway and any bank stream bank ?/ stabilization. The length of stream impounded must also be indicated and enumerated. it) - DnR5 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: El Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ® Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ® Yes ? No For the record only for Corps Permit: ® Yes ? No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ? No 2. Project Information 2a. Name of project: TransMontaigne Selma Terminal Expansion 2b. County: Johnston ?C 2c. Nearest municipality / town: Selma 2d. Subdivision name: N/A MAR 1 201 2e. NCDOT only, T.I.P. or state project no: D?_WA.ER?{Ty WEnAkDSANO 3. Owner Information 3a. Name(s) on Recorded Deed: TransMontaigne Product Services 3b. Deed Book and Page No. Deed Book 3505, Page 342-350 3c. Responsible Party (for LLC if applicable): 3d. Street address: 2600 West Oak Dr. N.C. Highway 1929 3e. City, state, zip: Selma, NC 3f. Telephone no.: (919) 965-9442 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ® Other, specify: Railroad- Norfolk Southern Corporation 4b. Name: Shawn Mongold Jim Bowman 4c. Business name (if applicable): TransMontaigne Product Services Norfolk Southern Corporation 4d. Street address: 200 Mansell Court East, Suite 600 1500 Carson Street 4e. City, state, zip: Roswell, GA 30076 Raleigh, NC 27608 4f. Telephone no.: (770) 518-3500 (919) 831-3092 4g. Fax no.: (919) 831-3041 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Thomas DeGrace, P.E. 5b. Business name (if applicable): Prime Engineering, Inc 5c. Street address: 1888 Emery Street 5d. City, state, zip: Atlanta, GA 30318 5e. Telephone no.: (404) 425-7100 5f. Fax no.: 404) 425-7101 5g. Email address: tdegrace@prime-eng.com Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 14054046A, 14054046, 14054033 Latitude: 35.550222 Longitude: - 1 b. Site coordinates (in decimal degrees): 78.309453 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 10.5 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Unnamed tributary of Neuse River proposed project: 2b. Water Quality Classification of nearest receiving water: WS-IV; NSW 2c. River basin: Neuse 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Existing land use is a petroleum loading facility with accessory rail. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: +\- 1500 I.f. 3d. Explain the purpose of the proposed project: Expansion of existing ethanol loading facility. 3e. Describe the overall project in detail, including the type of equipment to be used: Addition of a railspur for the ethanol unloading facility expansion. The proposed rail spur will necessitate the reconstruction of existing ditches and a headwall at an existing stream crossing/culvert. Grading equipment and manual labor will be used for the proposed construction. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ? Yes ? No ® Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ? Yes ? No ® Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ® Yes ? No 6b. If yes, explain. Phase I will include all work outside of the railroad right-of-way (all work on interior of property). Phase II will include the rail spur additions in the railroad right-of-way. Page 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ? Wetlands ® Streams - tributaries ® Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? No ? Corps ? DWQ W4 ? P ? T ? Yes ? No ? Corps ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ? P ®T Culvert - replacement of UT1 to Neuse ® PER ? Corps 2 5 existing headwall River ?INT ®DWQ S2 ? P ® T Culvert - replacement of UT2 to Neuse ® PER ? Corps 2 5 existing headwall River ?INT ®DWQ S3 ? P R T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 3i. Comments: Temporary impact to replace existing culvert headwall Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 K Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ® Neuse ? Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number- Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? 131 ®P ? T Grading UT1 to Neuse River ® Nos 1940 2037 B2 ®P ? T Grading UT2 to Neuse River ® Nos 2239 3078 B3 ?P?T ?Yes ? No 6h. Total buffer impacts 4179 5115 6i. Comments: Grading within Buffer to install proposed headwall and move existing swale. Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Minimize grading in buffer areas. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Minimal construction activities within buffer. Only for installation of headwall and bypass swales for level spreaders. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank El Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ? No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ® Yes ? No Comments: Adding 2 level spreaders; see Sheet C-406 attached 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 31 % 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Not subject to 404 or NWP. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan: ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Selma, NC ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review ? Coastal counties ? HQW 4a. Which of the following state-implemented stormwater management programs apply ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Proposed project does not have any proposed sanitary sewer additions. Page 10 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ? Yes ? No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ? No impacts? El Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ? No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ? No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ? No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? ....M 14"0* *Ac Applicant/Agent's Printed Name Applican Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 11 of 11 PCN Form - Version 1.3 December 1 C, 2008 Version SAMPLE AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN N0. PARCEL ID: STREET ADDRESS: Zyd 2 &L S Please print; YC?Y15 PropertyOwner: Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize r , i 1A /I I4,0mas 4 6rrace ? of ti th[!?I (Contractor / Agent) (Name of con t Iting firm to act on my behalf and take all actions necessary for the processing, Issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Telephone: We hereby certify the above information submitted in this application Is true and accurate to the best of our knowledge. 1 -?47 ?7 Authors Si ature °? " Date: Authorized Signature Date: - V M „ZZ,BL.BL r 0 O N N "1.t kr f 'Y ?? .• ??ii. -Asp A A? . ' r x. k A4: s t f -s o ' ?>t ms`s y x m .• , . SFr "'?'s•" g t +• ?? $ : W d. ? -. is " ' ?tam t l9 C U .L 00 z O C O N C L IO a 0 ,? ,per d e x 4r? '*Y'+ A ?1 At ? ? {?.?F V FN ,? ? g ?r r ca v0"?r. r h.. ?+ rt ?p * ,a ?» $ x`y 'f' at't` ? Cr.: xF e k ? s rr.:.r x • ? ?` ? &° .. "F ? ? . ? -?l ? .?s, -n ,.ti ? x ' ? v ;? ?° eye, " . ,? a A4 044LE6E 09ELE6E OZEL66E 09Z[E6E oozLCSs IN M N r ''?A4f ??'yk a#? r $4 . YY O , fir, >i" jY + S. h'j ? . ?'^., r .. • F i* {t <. X g?,. E, A.. ?ruc.? .,. o yyxe """d'. .x x;r? ?,, '?f,9• Y ? „tee ?,., z' q ?'A ^Y. "N tV N IV O „ZZ ,9 L .9L N O CY) N a Z V) d 0 N 7 N C7 ? N 0 9 0 m r 0 m z 1g .o I? Igl N t.1 L X W N g m C o N p N ? pppp^ v ? yV{? a o o O C m .7 C z Q z 84 91 AL .. . c/1 j y ?A v d d ,"n 1113 T ll N U v ja E a w q v s o 3 ? 8 r H pd Y d - 'i E a w q Y p C ? c ; F J yi ? 8 Y i N C O 2 y ? W 3 N N f Y ?? K J" V ?J N ? ?i . i 1 E I? of E Z fi C E } Y E A 6 m v u E N a` `o E V f E 0 0 0 v c F= c c O N U C N o w II e N U ? F H ? I 0 o o" 0 0 N N 0 I I a" M I I N I I wlxl,' I V r-1 N M O N Q? N d" I I 3 N M I I N M V) to -- ooRS III. REQUIRED ITEMS CHECKLIST Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Pagel Plan I itlals Sheet No. '?c, lu/n./ 1. Plans (1" 50' or larger) of the entire site showing: -142.1- - Design at ultimate build-out, Off-site drainage (if applicable), C-u?W Delineated drainage basins (include Rational C coefficient per basin), C UN; Forebay (if applicable), (",woo High flow bypass system, ,44 - Maintenance access, Q4 - Proposed drainage easement and public right of way (ROW), and !y4 - Boundaries of drainage easement. v ?a+ 2. Plan details (1" = 30' or larger) for the level spreader showing: Forebay (if applicable), High flow bypass system, One foot topo lines between the level lip and top of stream bank, Proposed drainage easement, and Design at ultimate build-out. "y 3. Section view of the level spreader (1" = 20' or larger) showing: Underdrain system (if applicable), Level lip, Upslope channel, and Downslope filter fabric. CA: @[,! a?§ 14.48 j ? 2010 KErAT$AND STOR BRANCH l LL l) A,c: cd 4. A date-stamped photograph of the filter strip that clearly shows the type of vegetation that is present. 5. A construction sequence that shows how the level spreader will be protected from sediment until the entire / drainage area is stabilized. /(??p ?,- 6. The supporting calculations. / )/, 'LLFu7. A copy of the signed and notarized operation and maintenance (0&M) agreement. 7 J. A copy of the deed restrictions (if required). Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.5 Part III, page 1 of 1 OF '? A rf9 r+wMsk NCDENR .-Y STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM LEVEL SPREADER, FILTER STRIP AND RESTORED RIPARIAN BUFFER SUPPLEMENT This form must be completely filled out, printed and submitted. DO NOT FORGET TO ATTACH THE REQUIRED ITEMS CHECKLIST AND ALL REQUIRED ITEMS (NEXT WORKSHEET)I I. PROJECT INFORMATION Project name TransMontaigne Selma Terminal Expansion Contact name Alex Brock Phone number 404425-7100 Date March 8, 2010 Drainage area number Basin 1 II. DESIGN INFORMATION For Level Spreaders Receiving Flow From a BMP Type of BMP Drawdown flow from the BMP cfs For Level Spreaders Receiving Flow from the Drainage Area Drainage area 711,519.00 ftz Impervious surface area 0.00 ftz Percent impervious 0.00 % Rational C coefficient 0.14 Peak flow from the 1 in/hr storm 2.29 cfs Time of concentration 24.28 min Rainfall intensity, l0-yr storm 5,48 in/hr Peak flow from the 10-yr storm 12.53 cfs Where Does the Level Spreader Discharge? To a grassed bioretention cell? N (Y or N) To a mulched bioretention cell? N (Y or N) To a wetland? N (Y or N) To a filter strip or ; iparian buffer? Y (Y or N) Please complete filter strip characterization below. Other (specify) Filter Strip or Riparian Buffer Characterization (if applicable) Width of grass ft Width of dense ground cover 53.00 ft Width of wooded vegetation ft Total width 53.00 ft Elevation at downslope base of level lip 135.00 fmsl Elevation at top of bank of the receiving water 132.00 fmsl Slope (from level lip to to top of bank) 5.66 % OK Are any draws present? N (Y or N) OK Level Spreader Design Forebay surface area 1,277.00 sq ft OK Feet of level lip needed per cfs 13 ft/cfs Answer "Y" to one of the following: Length based on the 1 in/hr storm? Y (Y or N) Length based on the 10-yr storm? N (Y or N) Length based on the BMP discharge rate? N (Y or N) Design flow 2.29 cfs Is a bypass device provided? Y (Y or N) OK Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.5 Parts I. and II. Design Summary, page 1 of 2 Length of the level lip Are level spreaders in series? Bypass Channel Design (if applicable) Does the bypass discharge through a wetland? Does the channel enter the stream at an angle? Dimensions of the channel (see diagram below): M B W y Peak velocity in the channel during the 10-yr storm Channel lining material 30.00 ft Level spreader length OK. N (Y or N) (Y or N) (Y or N) 2.00 ft 4.00 ft 13.00 ft 1.00 ft 2.01 Vs cfs Grass • w ? N - \ M 1 B 1 i t M Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.5 Parts I. and It. Design Summary, page 2 of 2 TR55 Tc Worksheet Hydraflow Hydrographs Extension for AutoCAD® Civil 3D@2010 by Autodesk, Inc. v9.25 Hyd. No. 1 Description A Sheet Flow Manning's n-value = 0.011 Flow length (ft) = 25.0 Two-year 24-hr precip. (in) = 2.08 Land slope (%) = 1.00 Travel Time (min) = 0.65 Shallow Concentrated Flow Flow length (ft) = 474.00 Watercourse slope (%) = 2.00 Surface description = Unpaved Average velocity (ft/s) =2.28 Travel Time (min) = 3.46 Channel Flow X sectional flow area (sqft) = 0.00 Wetted perimeter (ft) = 0.00 Channel slope (%) = 0.00 Manning's n-value = 0.300 Velocity (ft/s) =0.00 B 0.011 0.0 0.00 0.00 + 0.00 0.00 0.00 Paved 0.00 + 0.00 0.00 0.00 0.00 0.015 C 0.011 0.0 0.00 0.00 + 0.00 0.00 0.00 Paved 0.00 + 0.00 Totals 0.00 0.00 0.00 0.00 0.015 0.65 3.46 0.00 Flow length (ft) ({0})0.0 0.0 0.0 Travel Time (min) = 0.00 + 0.00 + 0.00 = 0.00 Total Travel Time, Tc .............................................................................. 4.12 min QF W A TF9 " NCDENR a STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM LEVEL SPREADER, FILTER STRIP AND RESTORED RIPARIAN BUFFER SUPPLEMENT This form must be completely filled out, printed and submitted. DO NOT FORGET TO ATTACH THE REQUIRED ITEMS CHECKLIST AND ALL REQUIRED ITEMS (NEXT WORKSHEET)! I. PROJECT INFORMATION Project name TransMontaigne Selma Terminal Expansion Contact name Alex Brock Phone number 404-425-7100 Date March 8, 2010 Drainage area number Basin 2 II. DESIGN INFORMATION For Level Spreaders Receiving Flow From a BMP Type of BMP Drawdown flow from the BMP cfs For Level Spreaders Receiving Flow from the Drainage Area Drainage area Impervious surface area Percent impervious Rational C coefficient Peak flow from the 1 in/hr storm Time of concentration Rainfall intensity, 10-yr storm Peak flow from the 10-yr storm Where Does the Level Spreader Discharge? To a grassed bioretention cell? To a mulched bioretention cell? To a wetland? To a filter strip or riparian buffer? Other (specify) Filter Strip or Riparian Buffer Characterization (if applicable) 257,586.00 ftz 0.00 ftz 0.00 % 0.23 1.36 cfs 4.10 min 5.48 in/hr 7.45 cfs N (Y or N) N (Y or N) N (Y or N) Y (Y or N) Please complete filter strip characterization below. Width of grass ft Width of dense ground cover 57.00 ft Width of wooded vegetation ft Total width 57.00 ft Elevation at downslope base of level lip 135.00 fmsl Elevation at top of bank of the receiving water 132.00 fmsl Slope (from level lip to to top of bank) 5.26 % OK Are any draws present? N (Y or N) OK Level Spreader Design Forebay surface area 1,473.00 sq ft OK Feet of level lip needed per cfs 13 ft/cfs Answer "Y" to one of the following: Length based on the 1 in/hr storm? Y (Y or N) Length based on the 10-yr storm? N (Y or N) Length based on the BMP discharge rate? N (Y or N) Design flow 1.33 cfs Is a bypass device provided? Y (Y or N) OK Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.5 Parts I. and IL Design Summary, page 1 of 2 Length of the level lip Are level spreaders in series? Bypass Channel Design (if applicable) Does the bypass discharge through a wetland? Does the channel enter the stream at an angle? Dimensions of the channel (see diagram below): M B W y Peak velocity in the channel during the 10-yr storm Channel lining material 30.00 ft Level spreader length OK. N (Y or N) N (Y or N) Y (Y or N) 2.00 ft 2.00 ft 6.00 ft 1.00 ft 1.86 Us cfs Grass w ? N - \ i M l B l i 1 M Form SW401-Level Spreader, Fitter Strip, Restored Riparian Buffer-Rev.5 Parts I. and II. Design Summary, page 2 of 2 TR55 Tc Worksheet Hydraflow Hydrographs Extension for AutoCAD® Civil 3D® 2010 by Autodesk, Inc. v9.25 Hyd. No. 1 Description A Sheet Flow Manning's n-value = 0.011 Flow length (ft) = 100.0 Two-year 24-hr precip. (in) = 2.08 Land slope (%) = 1.00 Travel Time (min) = 1.98 Shallow Concentrated Flow Flow length (ft) = 1494.00 Watercourse slope (%) = 2.00 Surface description = Unpaved Average velocity (ft/s) =2.28 Travel Time (min) = 10.91 Channel Flow X sectional flow area (sqft) = 4.00 Wetted perimeter (ft) = 8.00 Channel slope (%) = 1.50 Manning's n-value = 0.300 Velocity (ft/s) =0.38 B C Totals 0.011 0.011 0.0 0.0 0.00 0.00 0.00 0.00 + 0.00 + 0.00 = 1.98 0.00 0.00 0.00 0.00 Paved Paved 0.00 0.00 + 0.00 + 0.00 = 10.91 0.00 0.00 0.00 0.00 0.00 0.00 0.015 0.015 0.00 0.00 Flow length (ft) ({0})273.0 0.0 0.0 Travel Time (min) = 11.90 + 0.00 + 0.00 = 11.90 Total Travel Time, Tc .............................................................................. 24.80 min ENGINEERING r f d y? ?e l n , _ _.1 "` ' ;mss • .s • .:?. a :> .. ?b r A-•1 1888 Emery Street, NW Suite 300 Atlanta, GA 30.318 main: 404-425-7100 fax: 404-425-7101 www.prime-eng.com Permit Number: (to be provided by DWQ) Drainage Area Number: Filter Strip, Restored Riparian Buffer and Level Spreader Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: - Immediately after the filter strip is established, any newly planted vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). - Once a year, the filter strip will be reseeded to maintain a dense growth of vegetation - Stable groundcover will be maintained in the drainage area to reduce the sediment load to the vegetation. - Two to three times a year, grass filter strips will be mowed and the clippings harvested to promote the growth of thick vegetation with optimum pollutant removal efficiency. Turf grass should not be cut shorter than 3 to 5 inches and may be allowed to grow as tall as 12 inches depending on aesthetic requirements (NIPC,1993). Forested filter strips do not require this type of maintenance. - Once a year, the soil will be aerated if necessary. - Once a year, soil pH will be tested and lime will be added if necessary. After the filter strip is established, it will be inspected quarterly and within 24 hours after every storm event greater than 1.0 inch (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How I will remediate the problem: The entire filter strip Trash/ debris is present. Remove the trash/ debris. system The flow splitter device The flow splitter device is Unclog the conveyance and dispose (if applicable) clogged. of an sediment off-site. The flow splitter device is Make any necessary repairs or damaged. replace if damage is too large for repair. Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 1 of 3 BMP element: Potential problem: How I will remediate the problem: The swale and the level The swale is clogged with Remove the sediment and dispose lip sediment. of it off-site. The level lip is cracked, Repair or replace lip. settled, undercut, eroded or otherwise damaged. There is erosion around the Regrade the soil to create a berm end of the level spreader that that is higher than the level lip, and shows stormwater has then plant a ground cover and bypassed it. water until it is established. Provide lime and a one-time fertilizer application. Trees or shrubs have begun Remove them. to grow on the swale or just downslo e of the level lip. The bypass channel Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed. remove the gully, and then reestablish proper erosion control. Turf reinforcement is Study the site to see if a larger damaged or ripap is rolling bypass channel is needed (enlarge if downhill. necessary). After this, reestablish the erosion control material. The filter strip Grass is too short or too long Maintain grass at a height of if applicable). approximately three to six inches. Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Sediment is building up on Remove the sediment and the filter strip. restabilize the soil with vegetation if necessary. Provide lime and a one- time fertilizer application. Plants are desiccated. Provide additional irrigation and fertilizer as needed. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application. Nuisance vegetation is Remove vegetation by hand if choking out desirable species. possible. If pesticide is used, do not allow it to get into the receiving water. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality local Regional Office, or the outlet. 401 Oversight Unit at 919-733-1786. Form SWW401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 2 of 3 ,. Y:[111ti4?1,t='t' II -IJ x?_i'?`t` 7'r [.t,' xii _ f tR i,_.';1CMd lei i I_'I {{ s i ( r 0-7 S `7 0 ',' .. ?,sti3,r;"t IliJ's?ati for thh,.,r'!c of f B 9 ?? ,.'?I°?' ????.?_: ;11'"? ?lji«1'l?wl' ? ISM ;Irl? i,i1" ?•...?. OTAr1Y ?11TV._ Permit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name:TransMontaigne Selma Terminal Expansion BMP drainage area number: Print name: Title: MC2*e 1- f Address: d? (? OD (.r1CS+ ?k? S't'_ S21wia IV C . .275'7 r. Phon Signz Date: Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, S, Pl?#TT , a Notary Public for the State of C , County of ,?;61U,57`D ./I , do hereby certify that ?TC/1? w personally appeared before me this day of /r//` (i W- , c-26 /D , and acknowledge the due execution of the forgoing filter strip, riparian buffer, and/or level spreader maintenance requirements. Witness my hand and official seal, 4?' /I 'SA 1Sr p99 ? NOTARY PUBLIC ,o nnn+ SEAL MY COMMIISSION EXPIRES My commission expires APRIL 6, 2011 MAR 2010 & WET?5SAW?TERQ eg4NCN Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 3 of 3 Permit Number: (to be provided by DWQ) Drainage Area Number: Filter Strip, Restored Riparian Buffer and Level Spreader Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: - Immediately after the filter strip is established, any newly planted vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). - Once a year, the filter strip will be reseeded to maintain a dense growth of vegetation - Stable groundcover will be maintained in the drainage area to reduce the sediment load to the vegetation. - Two to three times a year, grass filter strips will be mowed and the clippings harvested to promote the growth of thick vegetation with optimum pollutant removal efficiency. Turf grass should not be cut shorter than 3 to 5 inches and may be allowed to grow as tall as 12 inches depending on aesthetic requirements (NIPC,1993). Forested filter strips do not require this type of maintenance. - Once a year, the soil will be aerated if necessary. - Once a year, soil pH will be tested and lime will be added if necessary. After the filter strip is established, it will be inspected quarterly and within 24 hours after every storm event greater than 1.0 inch (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How I will remediate the problem: The entire filter strip Trash/ debris is present. Remove the trash/ debris. system The flow splitter device The flow splitter device is Unclog the conveyance and dispose (if applicable) clogged. of an sediment off-site. The flow splitter device is Make any necessary repairs or damaged. replace if damage is too large for repair. Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 1 of 3 BMP element: Potential problem: How I will remediate the problem: The swale and the level The swale is clogged with Remove the sediment and dispose lip sediment. of it off-site. The level lip is cracked, Repair or replace lip. settled, undercut, eroded or otherwise damaged. There is erosion around the Regrade the soil to create a berm end of the level spreader that that is higher than the level lip, and shows stormwater has then plant a ground cover and bypassed it. water until it is established. Provide lime and a one-time fertilizer application. Trees or shrubs have begun Remove them. to grow on the swale or just downslo e of the level lip. The bypass channel Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed. remove the gully, and then reestablish proper erosion control. Turf reinforcement is Study the site to see if a larger damaged or ripap is rolling bypass channel is needed (enlarge if downhill. necessary). After this, reestablish the erosion control material. The filter strip Grass is too short or too long Maintain grass at a height of (if applicable). approximately three to six inches. Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Sediment is building up on Remove the sediment and the filter strip. restabilize the soil with vegetation if necessary. Provide lime and a one- time fertilizer application. Plants are desiccated. Provide additional irrigation and fertilizer as needed. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application. Nuisance vegetation is Remove vegetation by hand if choking out desirable species. possible. If pesticide is used, do not allow it to get into the receiving water. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality local Regional Office, or the outlet. 401 Oversight Unit at 919-733-1786. Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 2 of 3 ;fir -ti' ;jti,•ti'xK_0 m. 11`. 'a,iitl'•i?t°n; Inw, !'.'ti° .;i n_. l _'', _ rq ?? ..?? ..e??`l ir.?. >rk lli [,. ?i?,?j? ii4 ?:i?i ?'I?[:E. W' '?? ?E» ''?`z?'.?EII i 3_' ? ,r`1•.dl•'E?' .,'?` . i• iE 1 Fe, ,,? ? ??1;( E.f?. °i!.'i. ti 11 [i! ? E-i; y .? dr n r Vow: I W lwti[ ry-'TJ-_7m a pa, o NO V n In .' W-00, ;!i_!IE '.,!10 40, lmk NO; dj aW ._I °C` "A r Otto ,_i EI' 'E it w:u :g€" .' lb r ? '? t?•t ? IFj i ?-eE ? j... ,Y ? . I? j??e? g•l ?'? ilF: i_., Lk ,? ?,t..' ?n?"o ' ? . d t E _ i .. Y ?. .'? ?. l`°.lCr ON rnn' wls 4110% ,.rd IQ .tin ! '14010 7 `II,iE" !,mm . rC '2 rW W ti=kal?i??r???E .,- TA Y _t rp F ??+ 1 Permit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name:TransMontaigne Selma Terminal Expansion BMP drainage area number:2 Print name: ?rr? Mvr/c??/ Title: M?naCi c r Address: _ 26,0o W e S -t- Da lC sm Sg l rvrA. atl C. 3 -7 5- e Phone: Signature: Date: - Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. a Notary Public for the State of _,County of ,j Q FJj1,l s C1,? , do hereby certify that personally appeared before me this I.5 day of and acknowledge the due execution of the forgoing filter strip, riparian buffer, and/or level spreader maintenance requirements. Witness my hand and official seal, eo' ,SA'Srp NOTARY o PUBLIC //T/ "I IC 0\s SEAL My commission expires q ?- '- / 1 Lg ko V l? MAR 17 2010 DENR - WATER QUALITY WETU44DS AND STORMWATER VANCH Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 3 of 3 ` .,_, -, -' ?-F- A- VLlvG, xegister of Deeds Filed 3/4/2008 11:30:03 AM DEED BOOK 3505 PAGE 342 - 350 INSTRUMENT # 2008209441 Real Estate Excise Tax: $13490.00 Deputy/Assistant Register of Deeds: J PLOWMAN When recorded return to: FIDELITYNATIONAL TITLE ATTN: MARYGARCL9 40 N. CENTRAL AVE. STE. 2200 PHOENIX, AZ 85004 Escrow No. Z07032671 H3983-D NORTH CAROLINA SPECIAL WARRANTY DEED Return to: Zonia N. Veal First National Financial Title Services, Inc. t 3237 Satellite Blvd., Suite 450 Duluth, GA 30096 LLLU isvvn »vz _11AUX 393 Verified by Johnston County on the _ day of 2007 Mail after recording to: Morrison & Foerster LLP, 370 Seventeenth Street, Suite 5200, Denver, CO 80202, Attn: Matthew B. White, Esq. This instrument was prepared by: Morrison & Foerster LLP, 370 Seventeenth Street, Suite 5200, Denver, CO 80202, Attn: Matthew B. White, Esq. Brief description for the Index 2427 and 2600 W. Oak Street Selma, NC 27576 NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made this 31 st day of December, 2007, by and between: GRANTOR TransMontaigne Product Services Inc., a Delaware corporation 1670 Broadway, Suite 3100 Denver, Colorado 80202 Excise Tax: $13,490.00 GRANTEE TransMontaigne Operating Company L.P., a Delaware limited partnership 1670 Broadway, Suite 3100 Denver, Colorado 80202 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. The designation Grantor and Grantee as used herein shall include said parties, their successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all other interest in that certain lot or parcel of land situated in the City of Selma, Johnston County, North Carolina and more particularly described in Exhibit A attached hereto and made a part hereof, together with the rights, members, hereditaments and appurtenances to the said premises belonging or in anywise incident or pertaining including but not limited to those listed in Exhibit B attached hereto and made a part hereof. dn-138296 vl Southeast Drop-Down Selma Terminal Special Warranty Deed DEED BOOK 3505 PAGE 344 The property hereinabove described was acquired by Grantor by instrument recorded in Book 1845, Page 315. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the exceptions listed in Exhibit C attached hereto and made a part hereof: [Signature page follows] 2 dn-138296 vl Southeast Drop-Down Selma Terminal Special Warranty Deed 3 UEEU BOOK j5U5 PAGE 345 j IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. TransMontaigne Product Services Inc., a Delaware corporation By: Name: Erik B. Carlson' Title: Senior Vice President State of Colorado County of Denver 1, &, J rO6Lr1 a Notary Public of u:e County and State aforesaid, certify that, Erik B. Carlson personally appeared before me this day and acknowledged that he is the Sr. Vice Pres. of TransMontaigne Product Services Inc., a corporation, and that he as Sr. Vice Pres. , being authorized to do so, executed the foregoing on behalf of the corporation. Witness my hand and official seal, this the c44 day of December, 2007. My Commission Expires SID71nR - - Notary Public 3 dn-138296 vl Southeast Drop-Down Selma Terminal Special Warranty Deed DEED BOOK 3305 PAGE 346 EXHIBIT A LEGAL DESCRIPTION Being all of the tracts or parcels of land lying in Johnston County, North Carolina, being more particularly described as follows; TractI BEGINNING at an iron stake in the center of a dirt road, said Iron stake being located N 52 deg 33 mm W 677 feet from the comer of the lands of Colonial Pipeline Company, Pure Oil Company, American Oil Company and Shamrock Transport Company, and runs as the center of said dirt road N 52 deg 33 min W 681.90 feet to an iron stake, James Raeford Creech's comer, thence N 33 deg 22 min E 734 feet to a concrete monument in the line of E.J. Wellons; thence as his line S 53 deg 21 min E 760.07 feet to an iron stake; thence a new line (line of Hess Oil & Chemical Corporation) S 39 deg 27 min W 743.35in the center of the dirt road, the point of BEGINNING and containing 12.190 acres, more or less. The above tract of land is a pan of Lot #5 of the Frances Green Division as shown on map recorded in Plat Book 4, page 209, Johnston County Registry. Tract II BEGINNING at an iron stake in the center of a, Ha +' iron ubWe being Jocated N 52 oeg 33 min W 400 feet from the comer of the property of Colonial Pipeline Company, Pure Oil Company, American 011 Company and Shamrock Transport Company, and runs as the center of said din road N 52 deg 33 min W 277 feet to an iron stake; thence a new line in James Raeford Creech's lands N 39 deg 27 min E 743.35 feet to a stake in his line; thence as his line S 53 deg 21 min E 251 feet to an iron stake in his line; thence another new line (and being the now line of Shamrock Transport Company) S 37 deg 27 min W 746.21 feet to an iron stake in the center of the dirt road, the point of beginning and containing 4.512 acres, more or less, and being apart of Lot No. 5 of the Frances Green Division as show on map duly recorded in Plat Book 4, Page 209, Johnston County Registry. Tract III BEGINNING at a concrete monument la the line of the Exxon Corporation (Deed Book 654, at Page 234), said concrete monument being located S44-14-41W 669.87 feet along the common line between Colonial Pipeline and Exxon Corporation property; from a concrete monument in the southern R/W line of NCSR 1929; thence as the Colonial Pipeline property S 41.28-51 B 689.49 feet to an iron stake with a concrete monument witness, a comer with BP Oil Co. (Deed Book 974, Page 254), thence as the BP Oil Co. line S 45-23-57W 618.02 feet to an iron stake with a concrete monument witness, a comer in the eastem E/W line of Southem Railroad; thence as said railroad R/W N 51-46-40W 272.38 feet to an iron stake with a concrete monument witness, a corner with an old cemnetery plot; thence N 20-0246 E 61.23 feet to a concrete monument; thence continuing as the line of the cemetery N 67756-00 W 101.40 feet to a monument; thence S 38-13-OOW 30.00 feet to an iron pipe with a concrete monument witness a comer of the cemetery plot in the eastern R/W Eno of Southern Railroad; thence as said Railroad R/W N 51-47- OOW 290.00 feet to an old axle with a concrete monument witness; a comer with the Exxon Corporation (Deed Book 654, Page 234); thence as the Exxon line N 4414-41E 740.57 feet to the point and place of BEGINNING and containing 10.51 acres, more'or less, according to a plat prepared by Soumwind Surveying and Mapping, Inc. and dated 3.25-93. A-1 dn-138296 vl Southeast Drop-Down Selma Terminal Special Warranty Deed DEED Together with all of the foregoing Tracts I, II and III, all terminal facilities and other improvements located there on, including without limitation, all equipment, fixtures and appurtenances thereto; And Together with all of the foregoing Tract I, H and III, all of Grantor's rights, title and interest, if any at all, in the following Right of Way easement recorded in Book 651, at Page 123 of the Johnston County Public Registry and being more particularly described as follows: Being situated in Johnston County, North Carolina, to wit: THE BEGINNING POINT for said right of way strip is the most Westerly Comer of a 12.35 acre tract of land conveyed to Colonial Pipeline Company (now or formerly) by Cities Service Oil Company in Deed dated October 31, 1963, recorded in Book 619, Page 342, Office of the Register of Deeds, Johnston County, North Carolina. THENCE North 44 degrees 15' East a distance of 700 feet to a point, this line is also the Northwest property line of said 12.35 acre tract, THENCE South 52 degrees 33' East a distance of 30 feet to a point, THENCE Southwesterly in a straight line and parallel to the Northwest property line of said 12.35 acre tract to the point of intersection with the Southwest property lino of said 12.35 acre tract, THENCE North 41 degrees 26' West approximately 30 foot to the place of beginning and containing .48 acres, more or less, located in Johnston Coup r, 1; A.Lu,, A-2 dn-138296 vl Southeast Drop-Down Selma Terminal Special Warranty Deed 1V DEED BOOK 3505 PAGE 348 u,v e. - m a Y m O Y u_q??,-? m . m ? o ? M OR pp A y t0 a O cm P i x ? ? 3 m `o d t5 z T F F , p i 5 rn L ? ? p 7 A y Z ???901 ? qr O O E U V ' _ O C13 a p x E S w C ui E N m >, c G ism d N g > W ac a j m ?j S m U fO :t c it p Q o o a o d m _a p • 3 (? c t7 rn d n C o C U S U zO U M w o U pp V. z O z °O q E W w a ? i o rc p z ;; QqQ = J LL E . F - S• $`m rn 6 f ? v o A N a of o 3 0 r ? C) F A E c O O •a p m lh N A 8 ? Z D N _ ° ° a t: u O 0 c d F v z E Q W g BZ 41 h O d ? c pa O 7 Z a 0 0 N U c „ U T M 'w N a x 0 g L o E' t7 E d C e _ E c K C m a a U a ? E a Q !b .? Q G ry ? e a UU Q ? y '- z ? ? ro Q (7 c a ? o v ? s t z Z? ? a` c U y m O to a J Q V) V v m W N V y y W 7 ^ + € E < o z q E E L > z z O rjO (9 U. lu J C u O U = V g I L W J ? b N ea 0 a v h 3 A yq0 N 0 h n DEED BOOK 3505 PAGE 349 M v Rf h a •?u 6; N7., y..-;. O 3 i0 u 0. • O C F ro y 3 Q a 0 Q z A y m sa c U h H Z S4 o E o z 0 Z88 c? O- N N LD ' w oU? N 'i' E?c 00 c v a A 2 0 0 a?U e r ea. ry o? N W m m CL d DEED BOOK 3505 PAGE 350 END OF DOCUMENT i' EXHIBIT C i PERMITTED EXCEPTIONS 1. Ad Valorem Taxes for the year 2007 and subsequent years, not yet due and payable. 2. All other matters of record recorded or filed in the applicable real property records with respect to the real property conveyed hereby. 3. All matters which would be revealed on a current, complete and accurate survey of the real property conveyed hereby. C-1 dn-138296 vl Southeast Drop-Down Sehna Terminal Special Warranty Deed -1 ton County, North Carolina P ' S y i- r P s_ 20 Soil Survey operative Soil Survey r N m n 1/19/2010 Page 1 of 3 N N CO n 35'33'4" 35" 32' 52"