20100095 Ver 1_Approval Letter_20100331

AGYAN?
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 31, 2010
TransMontaigne Operating Company
Attn: Mr. Shawn Mongold, PE
200 Mansell Ct., Suite 600
Roswell, GA 30076
Subject Property: TransMontaigne Selma Terminal
UT to Neuse River [030402, 27-39.7, WSIV, NSW]
Johnston County
DWQ EXP#: 10-0095
Approval of 401 Water Quality Certification and Authorization Certification per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. Mongold,
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 10 linear feet of perennial stream (temporary impacts) and 4,706 ft2 of Zone 1
and 5,089 ft2 of Zone 2 of the protected riparian buffer for the purpose of constructing the proposed rail
spur, as described within your Pre-construction Notification Application dated March 29, 2010 and
received by DWQ on March 30, 2010. The impacts are covered by: General Water Quality Certification
Number 3705 (GC3705) and authorization in accordance with 15A NCAC 02B .0233. General
Certification 3705 allows you to use Nationwide Permit NW39 or NW 18 if/when issued by the US Army
Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application shall expire
upon expiration of the 404 Permit.
This approval is for the purpose and design that you described in your PCN application (March 29, 2010)
with additional information previously received by DWQ on March 17, 2010 and March 24, 2010. If you
change your project, you must notify us and you may be required to send us a new application. If the
property (or a lot on the property) is sold, the new owner must be given a copy of this Certification and
authorization letter and is thereby responsible for complying with all conditions. If total fills for this
project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory
mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to
follow the conditions listed in the attached Water Quality Certification (GC3705) and any
additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (and Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2c.enr.state.nc.us/ncwetiands/
NorthCarolina
?aturallt?
An Equal Opportunity 1 Affirmative Action Employer
TransMontaigne Operating Company
Page 2 of 4
March 31, 2010
Impact Type Amount Approved (Units) Plan Location or Reference
Stream (perennial) 10 linear feet - temporary March 29, 2010 PCN page 5 of 11
Riparian buffer Zone 1) 4,706 (square feet March 29, 2010 PCN page 6 of 11
Riparian buffer Zone 2) 5,089 (square feet March 29, 2010 PCN page 6 of 11
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification and authorized by this
approval letter. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices, shall be performed so
that no violations of state water quality standards, statutes, or rules occur.
3. No Sediment and Erosion Control Measures in Wetlands and Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the date
that the Division of Land Resources or locally delegated program has released the project.
4. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices
in order to protect surface waters standards:
a. Erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment
and Erosion Control Planning and Design Manual.
b. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
5. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at hgp ://portal ncdenr or /wg eb/wq/ws/su/npdessw#General Permits NPDES.
6. Diffuse Flow (DWQ Reviewed Plans)
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B.0233(5).
TransMontaigne Operating Company
Page 3 of 4
March 31, 2010
In an effort to comply with the diffuse flow provisions of the Buffer Rule (15A NCAC 02B
.023 3(5)), you have provided the DWQ with drainage and grading plans dated March 23, 2010
(Engineer's Sealed Date) and received on March 24, 2010, with supplemental forms and
calculations dated March 8, 2010 received on March 17, 2010. The approved devices consist of
two (2) level spreaders. The DWQ believes that, if implemented as per the final plans, the diffuse
flow requirement will be achieved. At no time shall stormwater from other areas of the proposed
development be piped directly through the buffer without prior DWQ written authorization.
The Operation & Maintenance (O&M) agreement(s) for the proposed Level Spreader System
signed by Terry Murray on March 15, 2010 must transfer with the sale of the land or transfer of
responsibility for the BMP facilities. DWQ must be notified promptly of every transfer.
7. If concrete is used during the construction, then a dry work area should be maintained to prevent
direct contact prevent direct contact between curing concrete and stream water. Water that
inadvertently contacts uncured concrete should not be discharged to surface waters due to the
potential for elevated pH and possible aquatic life/fish kills.
8. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 213.0233 and GC 3705.
9. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time lots or properties are recorded. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms. The text of the sample
deed notification may be modified as appropriate to suit to this project.
10. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing
at the letterhead address within ten (10) days of the commencement of construction.
11. Certificate of Completion
Within thirty (30) days of the completion of all work approved within the 401 Water Quality
Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,
NC, 27699-1650.
The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with §303(d) of the
Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division
determines that such standards or laws are not being met, including failure to sustain a designated or
achieved use, or that State or Federal law is being violated, or that further conditions are necessary to
assure compliance, then the Division may reevaluate and modify this General Water Quality Certification.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
TransMontaigne Operating Company
Page 4 of 4
March 31, 2010
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you wish to contest any statement in the attached 401 Water Quality Certification you must file a
petition for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings (OAH). You must file the petition with the office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the
office of Administrative Hearings during normal office hours. The OAH accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Lia Myott Gilleski or Joseph Gyamfi at 919-733-1786.
Sincerely,
)6 m. .Coleen H. Sullins
CHS/ym/Img
Enclosures: Certificate of Completion
GC 3705
cc: Thomas Brown, USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
DLQ Raleigh Regional Office
Thomas DeGrace, Prime Engineering, Inc., 1888 Emery St, Ste 300, Atlanta, GA 30318
File: 100095TransmontaigneSelmaTerminal(Johnston)401 +NBRAuthGC3 705.doc