20181583 Ver 1_Approval Letter_20190104

ROY COOPER NO12rH CAROLINA
Caverna Environmental Quality
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
tnterfm Dlrertar
19 December 2018
DWR# 18-1583
Mecklenburg County
Mr. Jimmy White
Nisbet Oil Company
P.O. Box 35367
Charlotte, NC 28235
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Nesbit Oil Tank Storage
Dear Mr. White:
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application dated September 20, 2018 and received by the
Division of Water Resources (the Division) on November 16, 2018 and subsequent information on
December 19, 2018. After reviewing your application, we have determined that this project is covered
by Water Quality General Certification Number 4139 which can be viewed on our web site at
https•//deg nc gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-
wetlands-buffer-permits/401-401-isolated-wetlands-waters-program The General Certification allows
you to use Nationwide Permit Number 18 &39 once it is issued to you by the U.S. Army Corps of
Engineers (COE). 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 permit expires unless
otherwise specified in the General Certification. It is advised that all conditions of the Certification are
reviewed prior to initiation of the project. In addition to the requirements of the Certification, you must
also comply with the following conditions:
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 total wetland fills for this project (now or in the future)
exceed one acre, or of total impacts to streams (now or in the future) exceed 300 linear feet,
compensatory mitigation may be required. 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. 15A NCAC 02H .0506 and 15A NCAC 02H .0507
The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced. 15A NCAC 02H .0502 (e)
- Nothing Compares': a_ ,
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

3. Approved Impacts:
Type of Impact Amount Approved Amount Approved
Temporary Impact Permanent Impact
Stream 0linear ft. 119 linear ft.
Wetland 0.82 acre 0.239 acre
4. Diversion Ditches and other storm water conveyances as related to the sediment and erosion
control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This
includes interior/exterior slopes of sediment basins. 15A NCAC 02H.0506 (b)(3) and (c)(3)
5. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted.
15A NCAC 02H.0506 (b)(3) and (c)(3)
6. Please provide documentation showing that water quality from the development will not be
impaired. A storm water management plan (City of Charlotte/Mecklenburg County) in lieu of
such documentation is acceptable if approved by a delegated or state authority. 15A NCAC
2H .1000
7. During the construction of the project, no staging of equipment of any kind is permitted in waters
of the U.S.,or protected riparian buffers. 15A NCAC 02H .0506(b)(3)
8. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this Certification. 15A NCAC 02H.0506(b)(3)
9. The permittee shall report to the Mooresville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [including but not limited to sediment
impacts, and any violation of state regulated riparian buffer rules. Information shall be provided
orally within 24 hours (or the next business day if a weekend or holiday) from the time the
applicant became aware of the circumstances. A written submission shall also be provided
within 5 business days of the time the applicant becomes aware of the circumstances. The
written submission shall contain a description of the noncompliance, and its causes; the period
of noncompliance, including exact dates and times, if the noncompliance has not been
corrected, the anticipated time compliance is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive
the written submission requirement on a case-by-case basis. 15A NCAC 02B.0200
10. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. 15A NCAC 02H.0507 (c) and 15A NCAC 02H .0506 (b)(2)
and (c)(2)
11. Upon completion of the project, the applicant shall complete and return a "Certificate of
Completion" form to the 401/Wetlands Branch of the Division using the following link:
https://edocs.deq.nc.gov/Forms/Certificate-of-Completion. 15A NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B
by filing a written petition for an administrative hearing to the Office of the Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/or by
calling the OAH Clerk's Office at [phone].

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, 8:00 am to 5:00 pm,
excluding state holidays).
The petitions may be faxed to the OAH at [phone], provided the original and one (1)
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. Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division 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.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Army Corps of Engineers, Charlotte, email
Meagan Jolly, Soil and Water, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality