HomeMy WebLinkAbout20130047 Ver 1_Approval Letter_20130513A°
NCDENR
North Carolina Deportment of Environment and Natural Resources
Pat McCrory
Governor
Stallings Oil Company
Attn: Boyd Tolman
300 S. Wesleyan Blvd.
Rocky Mount, NC 27804
Division of Water duality
Charles Wakild, P. E.
Director
May 13, 2013
John E. Skvarla, III
Secretary
DWQ # 13 -0047
Nash County
_r1 '• ] 0111111 Lei
Stalling Oil Company Commercial Tract
USACE Action ID. No. SAW -2012 -00705
Dear Mr. Tolman:
Attached hereto is a copy of Certification No. 3958 issued to Boyd Tolman and Stallings Oil
Company, dated May 13, 2013. Please note that you should get any other federal, state or
local permits before proceeding with your project, including those required by (but not
limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed
regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A
petition form may be obtained from the OAH at http: /Jwww.ncoah.com or by calling the OAH
Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH.
A petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Wetlands, Buffers, Stormwater — Compliance and Permitting (Webscape) Unit �TOne
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 ®IthCamfina
Loeatr-an. 512 N- Salisbury St. Raleigh, NoW Carolina 27604
Phone: 919- 807 -63001 FAX 919-807 6494 ..usromei e;Jice 1- 877 -623 -6148 l
Inicmet wwwncwaterquaiity.org
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Stallings Oil Company
DWQ# 13 -0047
Individual Certification #3958
Page 2 of 8
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Jennifer Burdette at 919 -807 -6364 or
jennifer.burdettg@rlLdLqr.gov if you have any questions or concerns.
Sincerely,
�Va*j �+ 1�-
Karen Higgins, Supervisor
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
cc: Nicole Thomson, Soil and Environmental Consultants, 11010 Raven Ridge Rd.,
Raleigh, NC 27614
USAGE Raleigh Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA
30303
DWQ RRO 401 files
DWQ Webscape Unit
Filename: 130047Stallings0ilCompany (Nash)_401_IC.docx
Stallings Oil Company
DWQ# 13 -0047
Individual Certification #3958
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3958 is issued in conformity with the requirements of Section 401, Public Laws
92 -500 and 95 -217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500, to Boyd Tolman and Stallings Oil Company, who have authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water Quality
(Division) on January 17, 2013 and subsequent information on April 9, 2013, and by Public Notice
issued by the U. S. Army Corps of Engineers and received by the Division on February 1, 2013.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92 -500 and PL 95 -217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
Impacts Approved
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts.
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
404/401 Wetlands
0.551 (acres)
0 (acres)
2. Stormwater Management Plan (SMP) Approval by DWQ for High Density Projects
a) The SMP approved by the DWQ consists of one wet detention basin and all associated
stormwater conveyances, inlet and outlet strictures, and the grading and drainage
patterns depicted on plan sheets dated December 19, 2012, which are incorporated by
reference into this approval and are enforceable by DWQ provided however that any
modification of the design for the stormwater management system that is accepted by
DWQ shall take precedence over the original plans and specifications.
b) The maximum allowable drainage area for the approved wet detention basin shall be
967,032 square feet and the maximum allowable built -upon area within that drainage
area shall be 721,354 square feet. Any changes to these maximum areas shall require
the applicant to submit and receive approval for a revised stormwater management
plan by the DWQ.
c) The footprint of all stormwater management devices as well as an additional 10 -foot
wide area on all sides of the devices shall be located in either public rights -of -way,
dedicated common areas or recorded easement areas. The final plats for the project
Stallings Oil Company
DWQ# 13 -0047
Individual Certification #3958
Page 4 of 8
showing all such rights -of -way, common areas and easement areas shall be in
accordance with the approved plans.
d) The approved SMP shall be constructed and operational before any permanent building
or other structure is occupied at the site.
e) The SMP may not be modified without prior written authorization from the DWQ. A
copy of the approval letter and the modified SMP shall be submitted to the DWQ
Webscape Unit prior to the commencement of the modifications.
f) Maintenance activities for the wet detention basin shall be performed in accordance
with the notarized 0 &M agreements signed by Mr. Boyd M. Tolman (Vice President of
Stallings Oil Company) on January 1, 2013. The O &M agreement shall transfer with the
sale of the land or transfer of ownership /responsibility for the BMP facility. DWQ shall
be notified promptly of every transfer.
g) The applicant and /or authorized agent shall provide a completed Certificate of
Completion form to the DWQ within thirty (30) days of project completion (available at
h�ortal.ncdenr.or / web /wg /swp /ws /401/certsandpermits /apply /forms).
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 for this
project. 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.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit.
4. Sediment and Erosion Control
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 and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. 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.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
Stallings Oil Company
DWQ# 13 -0047
Individual Certification #3958
Page 5 of 8
S. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream 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 Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project.
6. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self- monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at:
http:/ portal .ncdenr.or /w��wq /wj Inpciessw #tab -w.
7. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
8. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life /fish kills.
9. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams must be below the elevation of
the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life.
Stallings Oil Company
DWQ# 13 -0047
Individual Certification #3958
Page 6 of 8
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA- designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain the
natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods.
10. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion.
11. All temporary pipes /culverts /riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis- equilibrium.
12. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and /or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement of riprap
or other approved materials shall not result in de- stabilization of the stream bed or banks
upstream or downstream of the area.
13. Any riprap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Riprap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure integrity of bank
stabilization measures.
14. A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.
Stallings Oil Company
DWQ# 13 -0047
Individual Certification #3958
Page 7 of 8
15. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers within the project boundaries in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall be put in
place at the time of recording of the property, or of individual lots, whichever is appropriate.
A sample deed notification can be downloaded from the 401 /Wetlands Unit web site at
http:// h2o.enr.state.nc.us /ncwetiands. The text of the sample deed notification may be
modified as appropriate to suit to this project. Documentation of deed notifications shall be
provided to the Division upon request.
16. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
17. Continuing Compliance
Boyd Tolman and Stallings Oil Company shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 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 the 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,
the Division may reevaluate and modify this Certification. Before modifying the Certification,
the Division shall notify Boyd Tolman and Stallings Oil Company and the U.S. Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide
opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised
conditions shall be provided to Boyd Tolman and Stallings Oil Company in writing, shall be
provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to
Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for
the project.
18. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name.
19. The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWQ Webscape Unit within ten days of project completion (available at:
htt ortal.ncdenr.or web w ws 401 certsand ermiLapply /forms).
20. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
Stallings Oil Company
DWQ# 13 -0047
Individual Certification #3958
Page 8 of 8
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 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non - compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and /or civil penalties.
This the 13th day of May 2013
DIVISION OF WATER QUALITY
Karen Higgins, Supervisor
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
KAH /jab
3958