20072036 Ver 1_Approval Letter_20071213

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 13, 2007
DWQ# 07-2036
Mecklenburg County
Mr. McBride
Quarles Petroleum
1701 Fall Hill Ave., Ste. 300
Fredericksburg, VA 22401
Subject: Quarles Petro Fuel Station
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear M. McBride:
You have our approval, in accordance with the attached conditions and those listed below, to fill 0.154
acre of isolated wetland in order to construct the subject fuel station in Mecklenburg County, as described in your
application received by the Division of Water Quality on December 6, 2007. After reviewing your application, we
have determined that this fill is covered the State General Permit for Impacts to Isolated Wetlands and Isolated
Waters (IWGP100000). The General Certification allows you to use Nationwide Permit Number 39 once it is
issued to you by the U.S. Army Corps of Engineers. 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.
The above noted Certification will expire when the associated 404 permits expire unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following conditions
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion
of the stream banks.
3. A final, written storm water management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604 or local governing authority) within 60 days of the
issuance of the 401 Water Quality Certification. The storm water management plans shall be approved in
writing by this Office (or local governing authority, copy of plan and approval letter submitted to
DWQ) before the impacts specified in this Certification occur. You have the option of using the Express
Review Program for expedited approval of these plans. If you propose to use the Express Review
Program, remember to include the appropriate fee with the plan. The storm water management plan must
include construction plans, specifications, storm water BMP worksheets, and supporting calculations.
Noe Carolina
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterquality.org FAX [phone]
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The storm water best management practices are required to be appropriate for the surface water
classification and designed to remove at least 85% TSS according to the most recent version of the NC
DENR Storm water Best Management Practices Manual. These facilities must be designed to treat the
runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also,
before any permanent building is occupied at the subject site, the facilities (as approved by this Office)
shall be constructed and operational, and the storm water management plan (as approved by this Office)
shall be implemented. The structural storm water practices as approved by this Office as well as drainage
patterns must be maintained in perpetuity. No changes to the structural storm water practices shall be
made without written authorization from the Division of Water Quality.
4. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/V1/etlands Unit of the NC Division of Water Quality.
5. Continuing Compliance. The applicant (Quarles Petroleum) shall conduct all activities in a manner so as not
to contravene any state water quality standard (including any requirements for compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ
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, DWQ may reevaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before
codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public
notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with
15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be
provided to the United States 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.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that
conforms to Chapter 1506 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
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Coleen H. Sullins
Attachment: Certificate of Completion
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Central Files
File Copy
Rhett Bagget, Jordan, Jones, & Goulding, 9101
Southern Pine Blvd., Ste. 160, Charlotte, 28273