SW8080128_HISTORICAL FILE_20230328

STORMWATER DIVISION CODING SHEET
POST-CONSTRUCTION PERMITS
PERMIT NO. SW8
DOC TYPE ❑ CURRENT PERMIT
❑ APPROVED PLANS
X HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE tiU23 032F�
YYYYMMDD

Freeman, Aisia L
From: Matthew Trottier <[e-mail]>
Sent: Tuesday, March 28, 2023 10:01 AM
To: Freeman, Aisia L
Subject: RE: [External] RE: Request for Additional Information for Permit SW8080128
Attachments: SW8 080128_3.28.2023 Rev2.pdf; North Carolina Secretary of State Search Results.pdf
CAUTION: External email. Do not click links oropen attachments unless you verify.Send all suspicious email as an attachment to
Report Spam.
See attached revised page 1 and NC SOS for PF&T also listing Chris Schmitt as CFO. (PF&T is a wholly owned subsidiary
of Apex Oil).
Thanks
Matt Trottier
a. 314-889-9654
c. 618-719-4581
From: Freeman, Aisia L<[e-mail]>
Sent: Monday, March 27, 2023 3:11 PM
To: Matthew Trottier<[e-mail]>
Subject: RE: [External] RE: Request for Additional Information for Permit SW8080128
Hi Matt,
Sorry for the delay in response, after my supervisor's response, this is the route that needs to happen!
15A NCACO2H.1045(3)(a)(ii): The current permit holder is Petroleum Fuel &Terminal Company, however Section I11.1.o
of the application lists the applicant as Apex Oil Company, Inc. Only the current permit holder may renew the permit. If
there is a new responsible party, the permit will also need to be transferred. Please update Section Ill.l.a of the
application to list the current permit holder.
Since Christopher is listed on the NCSOS and the mailing address is the same for both. I believe an updated page 1 with
the current permit holder (petroleum fuel) being listed should be sufficient and you can email that to me. If a transfer is
needed, I can email you the transfer application.
Thanks!
Aisia Freeman (she/her/hers)
Stormwater Permit Renewal Specialist
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
Office: [phone] 1 Direct: [phone]
aisia.freeman(aDncdenr.eov
t

NOR;H CAROLINAD_E Q
Oepar ent of Emimnmental Ouallty
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Freeman, Aisia L
Sent: Monday, March 27, 2023 4:11 PM'
To: Freeman, Aisia L<[e-mail]>
Subject: RE: [External] RE: Request for Additional Information for Permit SW8080128
Hi Matt,
Sorry for the delay in response, after my supervisor's response, this is the route that needs to happen!
15ANCACO2H.1045(3)(c)(ii): The current permit holder is Petroleum Fuel &Terminal Company, however Sectionlll.l.a
of the application lists the applicant as Apex Oil Company, Inc. Only the current permit holder may renew the permit. If
there is anew responsible party, the permit will also need to be transferred. Please update Section Ill.l.a of the
application to list the current permit holder.
Since Christopher is listed on the NCSOS and the mailing address is the same for both. I believe an updated page 1 with
the current permit holder (petroleum fuel) being listed should be sufficient and you can email that to me. If a transfer is
needed, I can email you the transfer application.
Thanks!
Aisia Freeman (she/her/hers)
Stormwater Permit Renewal Specialist
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
Office: [phone] 1 Direct: [phone]
aisia.freema n @ ncdenr.gov
NORTH CAROLINAREQz'z'
Oefxo nertl of Envlrenmonfal Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Freeman, Aisia L
Sent: Monday, March 27, 2023 12:02 PM
To: Matthew Trottier<[e-mail]>
Subject: RE: [External] RE: Request for Additional Information for Permit SW8080128
2

Hi Matt,
I had forwarded the message to my boss last week just to confirm this was fine. I will double check with her response
today.
Thanks!
Aisia Freeman (she/her/hers)
Stormwater Permit Renewal Specialist
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
Office: [phone] 1 Direct: [phone]
[e-mail]
NonrH��na�ND_E Qzz>
Oelr Menf of Environmental Qu Illy
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Matthew Trottier<[e-mail]>
Sent: Monday, March 27, 2023 9:33 AM
To: Freeman, Aisia L<[e-mail]>
Subject: [External] RE: Request for Additional Information for Permit SW8080128
(CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to
Report Spam.
Ms. Freeman,
Following up on the below email and our phone conversation on 3/21/2023.
Thanks,
Matt Trottier
Apex Oil Company, Inc.
[e-mail]
a. 314-889-9654
c. 618-719-4581
From: Matthew Trottier
Sent: Monday, March 20, 2023 4:44 PM
To: [e-mail]
Subject: RE: Request for Additional Information for Permit SW8080128
Ms. Freeman,
Addressing the two concerns:
3

1) Chris Schmitt is the CFO of the company—an executive officer higher than the level of vice-president. The
renewal application states#2.a. "Corporation—a principal executive officer of at least the level of vice-
president."
a. Please let me know if this interpretation is incorrect.
2) 1 believe that the permit was issued to Apex Oil Company, Inc. The facility is owned by Petroleum Fuel &
Terminal Company and operated by Apex Oil Company, Inc. Petroleum Fuel &Terminal Company is a wholly
owned subsidiary of Apex Oil Company, Inc.
a. The renewal package contained the NC SOS printed page for Apex Oil Company, Inc.
Please let me know how we should proceed.
Thanks
Matt Trottier
Apex Oil Company, Inc.
mtrottier@al)exoil.com
o. 314-889-9654
c. 618-719-4581
From: Chris Schmitt<[e-mail]>
Sent: Wednesday, March 15, 2023 11:20 AM
To: Matthew Trottier<[e-mail]>
Subject: FW: Request for Additional Information for Permit SW8080128
I think this was meant for you.
Chris Schmitt
Apex Oil Company, Inc.
8235 Forsyth Blvd., Suite 400
Clayton, Missouri 63105
Office Phone: [phone]
Mobile Phone: [phone]
From: Freeman, Aisia L<aisia.freemanCalncdenr.Rov>
Sent: Wednesday, March 15, 2023 11:11 AM
To: Chris Schmitt<cschmittCdapexoil.com>
Subject: Request for Additional Information for Permit SW8080128
All,
Attached is a pdf of the request for additional information for the subject project. There are just a few administrative
items that need to be addressed. Please let me know if you have any questions or concerns.
Thanks!
Aisia Freeman (she/her/hers)
Stormwater Permit Renewal Specialist
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
Office: [phone] 1 Direct: [phone]
aisia.freeman P ncdenr.gov
4

NORTH CAROLINAD_E Q��
eeparhnanl 01 Envirorunental Duality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
CAUTION:This email originated from outside the organization.Do not click links or open attachments unless you recognize the sender and know
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5

Freeman, Aisia L
From: Freeman, Aisia L
Sent: Monday, March 13, 2023 2:52 PM
To: [e-mail]
Subject: FW: Request for Additional Information for Stormwater Permit SW8000720
Attachments: 2023 02 addinfo 000720.pdf
Hi Linda!
I have received the package with the requested additional information although being listed as the registered agent isn't
,sufficient. The permit needs to be signed by the president or vice-president of the corporation. Or, a letter of signature
authority would need to be submitted by the president or vice-president.
I have attached a copy of the additional information request,where it includes language about what is sufficient for the
signing official.
If you have any questions, please let me know!
Thanks!
Aisia Freeman (she/her/hers)
Stormwater Permit Renewal Specialist
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
Office: [phone] 1 Direct: [phone]
[e-mail]
NORTH GAROLINAD E Qz�
Oopai of of EnimnmeMal Ouallty
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Freeman,Aisia L
Sent: Friday, February 24, 2023 9:53 AM
To: [e-mail]
Subject: Request for Additional Information for Stormwater Permit SW8000720
All,
Attached is a pdf of the request for additional information for the subject project. There are just a few administrative
items that need to be addressed. Please let me know if you have any questions or concerns.
Thanks!
Aisia Freeman (she/her/hers)
t

Stormwater Permit Renewal specialist
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
Office: [phone] 1 Direct: [phone]
[e-mail]
0R;IHCHROLWAMEQ -
De" enr of Environmental Ooa`1
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
z

ROY COOPER
Governor � ,
ELIZABETH,S.BISER *41,
Secretary
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Envtronn entaf Quality
March 15, 2023
Via email only: cschmittCaapexod.com
Petroleum Fuel & Terminal Company, Apex Oil Company, Inc.
Attn: Christopher Schmitt
8235 Forsyth Blvd., Ste 400
Clayton, MO 63105
Subject: Request for Additional Information
Stormwater Project No. SW8 080128
Apex Oil Tank Expansion
New Hanover County
Dear Mr. Schmitt:
The Wilmington Regional Office received and accepted a modified State Stormwater Management Permit
Renewal Application for the subject project on March 6, 2023. A preliminary in-depth review of that information
has determined that the application is not complete, and that additional information is needed. To continue the
review, please provide the following additional information in a single, hard copy submittal package:
Permit Renewal Process:
I. 15A NCAC 02H.1040(1)(a)and .1045(3)(a)(ii): The application was signed by Christopher Schmitt;
however the provided documentation from the NC Secretary of State does not identify Mr. Schmitt as a
president or vice-president of this corporation. In the case of a limited liability corporation (LLC), the
application must be signed by a manager or company official as defined in GS 57D. Please either:
a. Provide official documentation showing that Mr. Schmitt is a President or Vice- President and
authorized to sign for the corporation.
b. Have one of the identified president or vice-president of the corporation sign the application
documents; or
c. The signature by other agents shall be accepted on the application only if accompanied by a letter
of authorization signed by the appropriate authority. Provide a letter of authorization from one of
the identified president or vice-president of this corporation authorizing Mr. Schmit to sign on
their behalf.
2. 15A NCAC 02H.1045(3)(a)(ii) or(iii): Please confirm the following:
a. Section 111.1.a of the application lists the applicant as Apex Oil Company, Inc.. However, a
review of the North Carolina Secretary of State's (NC SOS) corporation database found
Petroleum Fuel and Terminal Company. Please confirm that the applicant listed on the
application is consistent with the NC SOS's corporation database.
Please remember to confirm that any revised information is presented consistently throughout the application
documents. Please also remember to provide a hard copy of any updated documents per 15A NCAC
02H.1045(3).
The requested information should be received in this Office by April 15th,2023 in accordance with 15A NCAC
02H.I 045(4)(a)(i). Please note that only two letters requesting additional information is allowed in the State
Stormwater Program, this being the first. If the required information is not satisfactorily provided by this date, the
project will be returned in accordance with 15A NCAC 02H.1045(4)(a)(ii). If the project is returned and you
wish to re-submit later, you will need to resubmit all required items at that time, including the application fee.
Please reference the State assigned application number on all correspondence. If you have any questions
concerning this matter, please feel free to call me at(910) 796-7215 or email me at [e-mail].
rrnm 10"Ift
rn olk North Carolina Department of Environmental Quality I Division of Energy,Mineral and land Resources
./ Wilmington Regional Ofnce 1 127 Cardinal Drive Extension I Wilmington,North Carolina 2&405
910.796.7215

State Stormwater Permit No. SW8 080128
Page 2 of 2
Sincerely,
441:t �ieeHraa
Aisia Freeman
Renewal Specialist
DES/af: \\\Stormwater\Permits & Projects\2008\080128 FID\2023 03 addinfo 080128
cc: Wilmington Regional Office Stormwater File
Ron�1� North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405
noam cenurw.
jr 910.796.7215

Freeman, Aisia L
From: Freeman, Aisia L
Sent: Wednesday, March 15, 2023 12:11 PM
To: [e-mail]
Subject: Request for Additional Information for Permit SW8080128
Attachments: 2023 03 addinfo 080128.pdf
All,
Attached is a pdf of the request for additional information for the subject project. There are just a few administrative
items that need to be addressed. Please let me know if you have any questions or concerns.
Thanks!
Aisia Freeman (she/her/hers)
Stormwater Permit Renewal specialist
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
Office: [phone] 1 Direct: [phone]
[e-mail]
NO CAROUN M E Qz:>
OeparMent of Environmental oaalily
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
t

• File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online
Add Entity to My Email Notification List • View Filings • Print a Pre-Populated Annual Report form • Print
an Amended a Annual Report form
Business Corporation
Legal Name
Petroleum Fuel and Terminal Company
Information
Sosld: 0112444
Status: Current-Active O
Date Formed: 8/9/1978
Citizenship: Foreign
State of Incorporation: MO
Fiscal. Month: December
Annual. Report Due Date: April 15th
Currentgnnual. Report Status:
Registered Agent: CT Corporation System
Addresses

Reg Office Reg Mailing Mailing
160 Mine Lake Ct Ste 200 160 Mine Lake Ct Ste 200 8235 Forsyth Blvd, Suite 400
Raleigh, NC 27615-6417 Raleigh, NC 27615-6417 Clayton, MO 63105
Principal Office
8235 Forsyth Blvd, Suite 400
Clayton, MO 63105
Officers
President Secretary Assistant Secretary
Jonathan Q. Affleck Karon M Burns Eddie Evans
8235 Forsyth Blvd Suite 400 8235 Forsyth Blvd 8235 Forsyth Boulevard, Suite 400
St. Louis MO 63105 Clayton MO 63105 Clayton MO 63105-1623
Treasurer Vice President GChief-Fina ccial-0fficer�:3
Christine Hughes Bill Ransom �GFristophaJ-Schmitt
8235 Forsyth Blvd 8235 Forsyth Blvd Suite 400 8235 Forsyth Boulevard, Suite 400
Clayton MO 63105 St. Louis MO 63105 Clayton MO 63105-1623
Stock
Class: 99 SEE CERT
Shares: 0
Par Value 0

• File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online
Add Entity to My Email Notification List • View Filings • Print a Pre-Populated Annual Report form • Print
an Amended a Annual Report form
Business Corporation
Legal Name
Apex Oil Company, Inc.
Information
Sosld: 0266409
Status: Current-Active O
Date Formed: 3/28/1990
Citizenship: Foreign
State of Incorporation: MO
Fiscal Month: December
Annual Report Due Date: April 15th
Currentgnnual Report Status:
Registered Agent: CT Corporation System
Addresses

Reg Office Reg Maiting Mailing
160 Mine Lake Ct Ste 200 160 Mine Lake Ct Ste 200 8235 Forsyth Blvd., Ste. 400
Raleigh, NC 27615-6417 Raleigh, NC 27615-6417 St. Louis, MO 63105
Principat Office
8235 Forsyth Blvd., Ste. 400
St. Louis, MO 63105
Officers
Secretary Treasurer Chief Executive Officer
Karon M Burns Stacey M. Erkman P. A. Novelly , II
8235 Forsyth Blvd., Ste. 400 8235 Forsyth Blvd., Ste. 400 8235 Forsyth Blvd., Ste. 400
St. Louis MO 63105 St. Louis MO 63105 St. Louis MO 63105
Chief Financial Officer President
Christopher J Schmitt Timothy J. Duehren
8235 Forsyth Blvd., Ste. 400 8235 Forsyth Blvd., Ste. 400
St. Louis MO 63105 St. Louis MO 63105
Stock
Class: COMMON
Shares: 3000
Par Value 1

Burd, Tina J
From: Burd, Tina J
Sent: Thursday, March 9, 2023 1:23 PM
To: [e-mail]
Cc: Freeman, Aisia L
Subject: SW8 080128 - Apex Oil Tank Expansion
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Renewal Application and $505.00 fee for the subject project on March 6, 2023. The project has
been assigned to Aisia Freeman (cc'd) and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance & Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Website: http://deg.nc.goy/about/divisions/energy-mineral-land-resources/stormwater
Many employees are working remotely or are on staggered shifts. Please check with the appropriate staff before visiting our
offices, as they may be able to handle your requests by phone or email.
1

Non-Transfer Applica 'on Corn leten ss hecklist
Project Name: 4DXDate Delivered to WIRO:
Project County/Locatio BIMS Received/Accepted Date:
Date Given to Admin:
Permit Action: New New Permit p': BIMS Acknowledged Date': v r;L 3
Not located in the ETJ of the following delegated
and functioning programs:
NHC:Carolina Beach/Kure Beach/Wilmington/Wrightsville Beach )
Bruns: Leland/Navassa(?)/Oak Island „/
Cart: Emerald Isle Ons, nville Pend: Surf City l]l�/\J/'
ajor M / Minor M d Renewal Existing Permit N:
0(4uR,
pplicant&Permittee are the same?a Expiration Date°:
Permit Type: H LD/LD Overall/HD&LD Combo
Gene - /Offsite/Exempt + Redevelopment FlOffsite to SWB:
Development Typ Oman /Residential er �Is Offsite Lot approved in Master Permit?s
Subdivided?: Subdivision mgle Lot
Rule(s): E-12017 Coastal FT008 Coastal 1995 Coastal
Phase It Universal 1:11988 Coastal
P rmitte pe&Documents Needed:
�erty Owner(s) =Purchaser Lessee =HOA =Developer
=V. le? =Viable? =Viable? =Viable? =Viable?
,234e4d =Purchase Agmt =Lease =Election Minutes
*Papek /cation (/$SOS(within 6mp) Check#(s): I4* ONo Fee
❑Supplement)(1 new form or for older forms:1 original per SCM)
�O&M2
Soils Report(Infil or PP)
Calculations(signed/sealed) /
Deed Restrictions,if subdivided
Project Narrative .
FTSGS Map(or on file?) Subject to SA?: Y / N Subject to ORW?: Y / N
Plans(2 Sets)
NOTES:
Enter BIMS Acknowledged Date on this Sheet
2For New Projects-Enter New Permit H on Supplements&Deed Restriction Templates.
e If permittee is different,STOP. Needs to be transferred first.
°If w/in 6 months and they are requesting a mod,STOP. Needs a renewal first.
slf Lot not approved in master permit,STOP. Master permit needs mod.
EMAILED ENGINEER DATE: A
/ Comments:
REVIEWER NAME: a/
G:\\\Reference Libra ry\Procedures\Checklists\Completeness Review Checklist 20210908

�ya YSTni£v
ROY COOPER
Governor
ELIZABETH,S.BISER
Secretary
DOUGLAS R.ANSEL NORTH CAROLINA
interim D*e mr, Environmental Quality
Monday,February 6, 2023
Petroleum Fuel and Terminal Company
Attn: Jonathan Q. Affleck,President
8235 Forsyth Blvd., Ste. 400
Clayton, MO 63105-1623
Subject: Stormwater Permit Renewal Request
Post-Construction Stormwater Management Permit No. SW8 080128
Apex Oil Tank Expansion
New Hanover County
Dear Mr. Affleck:
Post-Construction Stormwater Management Permit SW8 080128 for the subject project expired on 12/30/2021.
This is a reminder that permit renewal applications are due 180 days prior to their expiration per I5A NCAC
2H.1045(3).North Carolina General Statutes and the Coastal Stormwater rules require that this property be
covered under a stormwater permit. Failure to maintain a permit subjects the owner to assessment of civil
penalties. More information about the Post-Construction State Stormwater Program can be found on the
following website: deq.nc.,ov/SW
Please submit a complete permit renewal form along with a$505.00 fee and other submittal requirements within
30 days. The permit renewal form can be found tinder the Post-Construction section of this website or at:
littps•//deq nc uov/about/divisions/energy-mineral-and-land-resources/storrnwater/stoniiwater-program/post-
construction-2.
A review of the North Carolina Secretary of State corporation's database revealed that this corporation has a new
address and new point of contact. Please submit a completed Permit Information Update Form to correct your
contact information which is available on the website provided above under the "New Permits & Permit
Modifications" section.
If you have any questions regarding this matter, please contact Ashley Smith or Aisia Freeman in the Wilmington
Regional Office either via email (ashleym.sntith ncdenr.gov or aisia.freeman(a�ncdenr.,ov) or phone at(910)
796-7215.
Sincerely, ) (
Douglas R. Ansel, Interim Director
Division of Energy, Mineral and Land Resources
DES/mgb: %StormwaterTermits&Projects\2008\080128 HD\2023 02 rect ren 080128
cc: CT Corporation System,Registered Agent;160 Mine Lake Ct.,Ste. 200;Raleigh,NC 27615-6417
Wilmington Regional Office Stormwater File
®� Z North Carolina Department of Environmental Quality I Division of Energy,Mineral and land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 26405
rwmHa uun
ao.mravwoamio.w�. /'� 910.796,7215

Casmer, Jo
From: Carrie Cranwill <[e-mail]>
Sent: Tuesday, November 24, 2015 2:23 PM
To: Casmer, Jo 1�
Subject: RE: Apex Oil Tank Expansion (/1
Thank you! h
Carrie Cranwill, RLA, El V
Planner j
McGill Associates, P.A.
12401916 Street Lane NW I Hickory, NC 28601
Phone: [phone] Fax: [phone]
Email: [e-mail] I Website: www.mcgillengineers.com
From:Casmer,Jo[mailto:[e-mail]]
Sent:Tuesday, November 24, 2015 2:22 PM
To:Carrie Cranwill<[e-mail]>
Subject:Apex Oil Tank Expansion
Copy of permit as requested.
Jo Casmer
Administrative Assistant for DEMLR/Stonnwater Section
North Carolina Department of Environmental Quality
Department of Environmental Assistance & Customer Service
910 796-7336 office
910 350-2004 fax
io.casmer@ nodenr.aov
127 Cardinal Drive Extension
Wilmington, NC 28405
-^/Nlothtng Compares--,.,-
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
1

ee ❑USPS ❑UPS ❑Overnight
ANDERSON a ASSOCIATES, INC. LETTER O F TRANSMITTAL
PROFESSIONAL DESIGN SERVICES
406 GALLIMORE DAIRY ROAD.,GREENSBORO, NC 27409
Phone [phone] FAX [phone]
DATE 02/15/2011 JOB No. 25692
TO: NCDENR ATTENTION
Kelly Johnson
Division of Water Quality Apex Oil Tank Expansion
127 Cardinal Dr. Extension
Wilmington, NC 28405
Phone#[phone]
We are sending you ®Attached ❑Under separate cover via the following items:
❑Shop drawings ❑Prints ❑Plans ❑Samples ❑Specifications
❑Copy of Letter ❑Change Order ❑
Copies Date No. Description
1 2-10-2011 25692 Designer's Certification
I
BY:
THESE ARE TRANSMITTED as checked below
❑For approval ❑Approved as submitted ❑Resubmit_copies for approval
®For your use ❑Approved as noted []Submit_copies for distribution
[]As requested ❑Returned for corrections ❑Return_corrected prints
❑For review and comment ❑
❑For Bids Due [-]Prints returned after loan to us
Remarks
Please call Carrie Cranwill at 800-438-0394 should you have any questions.
Copy to file Signedl1

Johnson, Kelly
From: Johnson, Kelly
Sent: Monday, January 03, 2011 2:32 PM
To: '[e-mail]'
Cc: Angel Hammers
Subject: Apex Oil, SW8 080128
Carrie,
We received the Designer's Certification for this project, and I have a few questions for you about the notes included.
Note Item #2: We will either need a plan revision or a permit modification for this project. A Plan Revision (which is a
pretty simple process) would be warranted if there is no change to the permit text (such as the drainage area,the
impervious area, or the surface area of the bottom of the basin). For instance, if you were permitted for a single
10,000sf building and you decided you wanted to build two S,OOOsf buildings then that is just moving impervious area
around, and that would be a Plan Revision. In that same example, if you were permitted for a 10,000sf building and you
wanted to build a 10,500sf building then you would have to get a permit modification because you have increased the
impervious area beyond what had been permitted previously. Instructions for both processes are available on our
website, http:/Iportal.ncdenr.org/web/wq/ws/su/statesw/forms docs. For a Plan Revision,you essentially need to fill
out a form and send in two sets of plans showing the new layout. For a Permit Modification,you need to send in a
complete application package as if it were a new project. Here are some things to consider in determining which one is
needed:
1.) Pad: Where is the 31x16' (496sf) pad that has been added? There are two drainage areas for this project. DA1
is permitted to be 100% impervious. DA2 is permitted to have 62,711sf of impervious on its 159,547sf drainage
area. If the new pad is in DA2, is the 496sf included in the 62,711sf or is it in excess of 62,711sf? If it is included �ry
in the 62,711sf then that is a Plan Revision. If the impervious area in DA2 is over 62,711 then you need a permit
modification. If the new pad is in DA1, then the impervious could not have increased from what is permitted sir
and so we would just need a plan revision. v��
2.) Basin Size: Infiltration Basin #2 is permitted to have a 5,038sf bottom surface area and it was built bigger thane`
what we required, 6,329sf. That is fine because you are essentially doing"more" than what you are required to&,\"—)
do. Please make sure to show the as-built dimensions in your Plan Revision or Permit Modification.
3.) Drainage Areas: If the drainage area to either basin changed (either increase or decrease)then you will need to
submit for a permit modification.
4.) "Gravel Stabilization": I do not work with these facilities very often, so I do not know what that is. But if the
15,880sf is impervious,then it needs to be considered in the Plan Revision v/s Permit Modification decision.
Note Item #3: Since the impervious is draining as shown on the approved plans, it sounds like this should be fine. But, if
impervious has been added it needs to be included in a drainage area and treated in an infiltration basin.
Note Item #8: It sounds like this says that you have added grass to an area that wasn't specified to be grassed in the
permitted plans. If so, then that is fine. Just show what is actually built on the plan revision or permit modification.
Please let me know if you plan to submit a Plan Revision or a Permit Modification.
Thanks,
Kelly
*** My email has changed to kellv.p.iohnson cDncdenr.eov
1

KeUd_)Oki vusovu
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
z

State Stormwater Management Systems
Permit No SW8080128
Apex I Tank Expansion
Storrriwafta,r Permit No. SW8 080128
New Hanoyac Count
Designer's Certi ation
I, V as a duly re/observe (periodically/
EE/lin the
State of North Carolina, ving been authoeekly/ full
time) the construction of th project,
X 0!L �V9nl/f �C /4/JS/
(Project)
for C vin r.& PAv Y(Project Owner) hereby state that, to the
best of my abilities, due care and d gen a was used in the observation of the project
construction such that the constr lion wa observed to be built within substantial
compliance and intent of the ap oved plan and specifications.
The checklist of items on pag 2 of this form is cluded in the Certification.
Noted deviations from app ved plans and specifi tion:
SEAL
Signature \\\\ \\Nt CAR
Registrati umber UD��/� o� o�
ESSiC•�Z�;
Date _//— / — %U :a� S v•v
0074 L6 r: _
�CINEF 'S
AJ
NOV 17 Y010
BY:
Page 6 of 7

. Lu IIWOrci rviaiIaye f ern Jys[emS
Permit No. SW8080128'
Certification Requirements:
�1 . The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built-upon area.
it- 3. All the built-upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
&L5. The outlet / bypass structure weir elevation is per the approved plan.
✓ 6. The outlet / bypass structure is located per the approved plans.
NIA 7. A Trash Rack is provided on the outlet / bypass structure.
8. All slopes are grassed with permanent vegetation.
✓ 9. Vegetated slopes are no steeper than 3:1 .
✓ 10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
✓ 11. The permitted amounts of surface area and/or volume have been
provided.
12. All required design depths are provided.
✓ 13. All required parts of the system are provided.
14. The required system dimensions are provided per the,approved.plans.
✓ 15. All components of the stormwater BMP are located in either recorded
common areas or recorded easements.
cc: NCDENR-DWQ Regional Office
New Hanover County Building Inspections
y /� "
Page 7 of 7

NCDENR Certification Comments
Note Item #2, Changes to Built Upon Area:
A concrete pump pad approximately 31.0' by 16.0' was added to the impervious surface
on site. Also the containment dike slopes cover a larger area on the asbuilt than in the
design drawings, this change increases the gravel stabilization by approximately
15,880.00 sf. Due to the calculations being based on a volume of rainfall of the overall
drainage and not a runoff coefficient, the infiltration area square footage was not affected.
Original calculations called for 2,430.38 sf, the design drawings called for 5,037.70 sf
and the asbuilt shows an infiltration area of 6,329.0 sf.
Note Item #3: All built upon area is draining as shown on the approved plans. Portions of
the entrance drive and the back side of the dikes do not drain to the infiltration area.
These areas were never shown to drain to the system infiltration areas.
Note Item #8: Slopes are either stabilized with gravel as shown on the approved plans or
vegetation. The dikes are stabilized with gravel as shown on the approved plans, due to
NFPA fire hazard concerns. One portion of the infiltration area for Drainage area #1 that
is technically outside of the diked area is grassed even though it was shown without
vegetation on the approved plans.

ee ❑LISPS ❑UPS [-]overnight
ANDERSON a ASSOCIATES, INC. LETTER OF TRANSMITTAL
PROFESSIONAL DESIGN SERVICES
406 GALLIMORE DAIRY ROAD.,GREENSBORO, NC 27409
Phone [phone] FAX [phone]
DATE 11/16/2010 JOB No 25692
TO: NCDENR
Kt
Division of Water Quality Apex Oil Tank Expansion
127 Cardinal Dr. Extension
Wilmington NC 28405
Phone# [phone]
We are sending you ❑Attached ❑Under separate cover via the following items:
❑Shop drawings ❑Prints []Plans ❑Samples []Specifications
❑Copy of Letter ❑Change Order ❑
Copies Date No. Description
1 Designees Certification
!ti
V �
� JO
THESE ARE TRANSMITTED as checked below
❑For approval ❑Approved as submitted ❑Resubmit_copies for approval
®For your use ❑Approved as noted ❑Submit_copies for distribution
[:]As requested ❑Returned for corrections ❑Return_corrected prints
❑For review and comment ❑
❑For Bids Due ❑Prints returned after loan to us
Remarks
Please call Carrie Cranwill at 800-438-0394 should you have any questions.
Copy to file Signed A - (Y-Ll Yam.

J
Cty Y
NEW HANOVER COUNTY
Engineering Department Beth E.Wetherill,C.P.E.S.C.
230 Government Center Drive • Suite 160
�d Soil Erosion Specialist
Wilmington, North Carolina 28403
\. < TELEPHONE[phone]
Fax [phone]
7
ip � ' cErVED
MAR 10 ?O10
March 4, 2010
John Joyner �J
3314 River Road,
Wrightsville Beach, North Carolina 28412
CERTIFIED
RE: Notice of Violation of Land Disturbing Activity
Grading Permit Numer: 4-08, Apex Oil
Location/Description of Violation(s): This project has failed to conduct activity in
accordance with the approved plan by doing land disturbing activity outside the limits
of disturbance prior to submittal and approval of plan revisions at 3329 River Road.
Dear Mr. John Joyner:
This letter constitutes a Notice of Violation of Section(s) 23-237 (4), Section 23-
248 (i), Section 23-248 0) and Section 23-250 (b) of the New Hanover County's Soil
Erosion and Sedimentation Control Ordinance. Please refer to Section(s), Section 23-
251 (a) (1), Section 23-251 (a) (2), Section 23-251(b), Section, 23-252 (a) and Section
23-252 (b) for penalties and the Corrective Measure(s) Needed and Time to Comply
section of this Notice of Violation for your deadline to comply.
Section 23-237 Mandatory standards for land disturbing activity
No land disturbing activity subject to the control of this Article shall be undertaken
except in accordance with the following mandatory standards:
(4) Prior plan approval. No person shall initiate any land disturbing activity that will
disturb more than one acre on a tract unless 30 or more days prior to initiating the
activity, an erosion and sedimentation control Plan must be both filed with and
approved by the county. Once a plan has been approved, the land disturbing activity
must be conducted in accordance with the plan and permit conditions. The county
shall forward to the Director of the Division of Water Quality a copy of each erosion
and sedimentation control plan for a land disturbing activity that involves the
utilization of ditches for the purpose of dewatering or lowering the water table of the
tract.

Section 23-248 Erosion and sedimentation control plans
(i) Applications for amendment of an erosion control plan in written and/or graphic
form may be made at any time under the same conditions as the original application.
Until such time as said amendment is approved by the county, the land disturbing
activity shall not.proceed+except in accordance with the erosion control plan as
orig nallygaoproved.
(j) Any`person-engaged in land disturbing activity who fails to file a Plan in accordance
with the Ordinance or who conducts a land disturbing activity except in accordance
with provisions of'an approved Plan and/or the permit conditions shall be deemed in
violation of this article.
Section 23-250 Inspections and investigations
(b) If through inspection it is determined that a person engaged in land disturbing
activity has failed to comply with the Act, this Ordinance, or;rules or orders adopted or
issued pursuant to this Ordinance, or has failed to comply w;th an approved Plan or
permit conditions, a notice of violation shall be served upon that person by registered
or certified mail or other means reasonably calculated to give actual notice. The notice
shall set forth the measures necessary to achieve compliance with the Plan, specify a
reasonable time period within which such measures must be completed, and warn
that failure to correct the violation within the time period will result in additional civil
and criminal penalties for a continuing violation. However, no time period for
compliance need be given for failure to submit an erosion control Plan for approval or
for obstructing, hampering or interfering with an authorized representative while in
the process of carrying out his official duties. If the person engaged in land disturbing
activity fails to comply within the time specified, enforcement action shall be initiated.
Section 23-251 Penalties
(a) Civil penalties.
(1) Any person who violates any of the provisions of this Ordinance, or rules or
orders adopted or issued pursuant to this Ordinance, or order adopted or
issued pursuant to this Ordinance or the Act by the commission, or who
initiates or continues a land disturbing activity for which an erosion control
Plan is required except in accordance with the terms, conditions, and provisions
of an approved plan, shall be subject to a civil penalty. The maximum civil
penalty for a violation is $5,000.00 per calendar day. A civil penalty may be
assessed from the date of the violation. Each day of a continuing violation shall
constitute a separate violation. The person alleged to be in violation will be
notified of the violation by registered or certified mail, return receipt requested
or other means reasonably calculated to give actual notice. The notice shall
describe the violation with reasonable particularity, specify a reasonable time
period within which the violation must be corrected, and warn that failure to
correct the violation within the time period will result in the assessment of a.
civil penalty or other enforcement action. If, after the allotted time period has
expired, the violator has not completed corrective action, a civil penalty may be
assessed from the date of the notice of violation. However, no time period for

compliance need be given for failure to submit an erosion control Plan for
approval or for obstructing, hampering or interfering with an authorized
representative while in the process of carrying out his official duties.
(2) The County Manager or his designee shall determine the amount of the civil
penalty to be assessed under this subsection and shall notify the person who is
assessed the civil penalty of the amount of the penalty and the reason for
assessing the penalty. In determining the amount of the penalty the County
Manager or his designee shall consider the degree and extent of harm caused
by the violation and the cost of rectifying the damage, the amount of money the
violator saved by noncompliance, whether the violation was committed willfully,
and the prior record of the violator in complying or failing to comply with this
article and shall direct the violator to either pay the assessment or contest the
assessment within 30 days after the receipt of the notice of assessment, by
written demand for a hearing before the Board of County Commissioners.
Notice of the assessment shall be by registered or certified mail or other means
reasonably calculated to give actual notice.
(b) Criminal Penalties. Any person who knowingly or willfully violates any
provision of this article, or rule or order adopted or issued pursuant to this
article, or who knowingly or willfully initiates or continues a land disturbing
activity for which an erosion control plan is required except in accordance with
terms, conditions, and provisions or an approved plan, shall be guilty of a Class
2 misdemeanor which may include a fine not to exceed $5,000.00 per calendar
day.
Section 23-252 Injunctive relief
(a) Whenever the governing body has reasonable cause to believe that any person is
violating or threatening to violate this article or any rule or order adopted or issued
pursuant to this article, or any term, condition, or provision 'of an approved erosion
control plan, it may, either before or after the institution of any other action or
proceeding authorized by this article, institute a civil action in the name of the county,
for injunctive relief to restrain the violation or threatened violation. The action shall
be brought in the superior court of the county.
(b) Upon determination by a court that an alleged violation is occurring or is
threatened, it shall enter such orders or judgments as are necessary to abate the
violation to ensure that restoration is performed, or to prevent the threatened
violation. The institution of an action for injunctive relief under this section shall not
relieve any party to such proceedings from any civil or criminal penalty prescribed for
violations of this article.
Corrective measure(s) needed and Time to Comply:
Stop all activity outside the originally approved limits of disturbance until plans for
this area have been submitted and approved. Plans must be submitted within 20
working days of receipt of this notice.

A civil penalty in the amount of$5000 has automatically been assessed for this
violation. If the deadlines for corrective measures are not met, an additional daily
$5000 civil penalty will be assessed. Once the plans have been approved and the
revised Land Disturbing Permit has been issued, you will have the opportunity to
appeal this assessment. You can then contact me to request an appeal of this Notice of
Violation. Please contact me if you have questions regarding the required compliance
action.
Sincerely,
Beth Easley Wetherill
Erosion Control Specialists
New Hanover County
Cc: Chris Coudriet, NHC Assistant County Manager
Kemp Burpeau, NHC Deputy County Attorney
Jim lannucci PE, NHC County Engineer
Mark Boyer, NHC Public Information Officer
Jo Casmer, NCDENR Water Quality:
Angela Faison, City of Wilmington Development Services