Public Notice


Published Jan. 31, 2013
Expiration date: 3/4/2013


Issue Date: 01 February 2013

Comment Deadline: 04 March 2013

Corps Action ID #: SAW-2012-00705

The Wilmington District, Corps of Engineers (Corps) has received an application from

Stallings Oil Company seeking Department of the Army authorization for 0.551 acres of

permanent impacts to riparian wetlands associated with the infrastructure, and lot fill for

a commercial development located on the east side of NC Hwy 58, south of US Hwy 64,

Nashville, Nash County, North Carolina.

Specific plans and location information are described below and shown on the attached

plans. This Public Notice and all attached plans are also available on the Wilmington

District Web Site at:

Applicant: Stallings Oil Company

Stallings Oil Company

Boyd Tolman

300 S. Wesleyan Boulevard

Rocky Mount, NC 27805

Agent: Soil and Environmental Consultants

Soil and Environmental Consultants

Nicole J. Thomson

11010 Raven Ridge Road

Raleigh, NC 27614


The Corps will evaluate this application and a decide whether to issue, conditionally

issue, or deny the proposed work pursuant to applicable procedures Section 404 of the

Clean Water Act.


The project site is located on the east side of NC Hwy 58, south of its intersection with

US Hwy 64 Bypass, Nashville, Nash County, NC.

Existing Site Conditions

The 52 acre site indicated for the proposed commercial development is currently

comprised of an undeveloped farm field and wooded land. The site’s eastern and

southern border is Stony Creek. The site is comprised of approximately 16 acres of

Bottomland Hardwood Forest wetlands, an existing 0.8 acre pond, and one Unnamed

Tributary to Stony Creek. Stony Creek is a tributary to the Tar River within the Tar-

Pamlico River Basin Cataloging Unit No. 03020101. The wetlands are typically

dominated by yellow poplar, red maple, loblolly pine, red bay, tag alder, giant cane,

lizard’s tail, and green briar.

Three previous authorizations for wetland impacts were issued in 1999 and 2000. These

authorizations include SAW-2000-20306, a Nationwide Permit 14 for 0.15 acre of

wetland impacts associated with a road crossing, and SAW-2000-21223, a Nationwide

Permit 18 for 0.06 acres of wetland impacts associated with lot fill. Impacts associated

with SAW- 1999-21210 are estimated to be less than 0.1 acre.

Applicant’s Stated Purpose

The purpose of the project is to construct the infrastructure, a stormwater management

device and lot fill that will support the proposed commercial development.

Project Description

The project would involve constructing one road crossing and lot fill. There is an existing

permitted crossing which enters the property from a more southern access point. The

applicant is proposing an access road which lines up with the existing Evans Drive / NC

Hwy 58 intersection. Proposed impacts associated with the road crossing total 0.5172

acres of riparian wetland. Lot fill is proposed in order to raise two lots out of the 100

year floodplain. Proposed impacts associated with lot fill total 0.0338 acres of impacts to

riparian wetland.

Mitigation Discussion

The applicant has proposed to mitigate for impacts to 0.551 acres of wetlands by onsite

preservation of the remaining 14.53 acres of wetlands, and approximately 2800 linear feet

of stream including an additional 100ft buffer on each side of Stony Creek. The applicant

proposes to preserve these areas through Declaration of Protective Covenants.

Other Required Authorizations

This notice and all applicable application materials are being forwarded to the appropriate

State agencies for review. The Corps will generally not make a final permit decision until

the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State

certification required by Section 401 of the Clean Water Act (PL 92-500). The receipt of

the application and this public notice combined with appropriate application fee at the

North Carolina Division of Water Quality central office in Raleigh will constitute initial

receipt of an application for a 401 Water Quality Certification. A waiver will be deemed

to occur if the NCDWQ fails to act on this request for certification within sixty days of

the date of the receipt of this notice in the NCDWQ Central Office. Additional

information regarding the Clean Water Act certification may be reviewed at the NCDWQ

Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard,

Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding

the application for certification under Section 401 of the Clean Water Act should do so in

writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail

Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms. Karen Higgins,

by February 21, 2013.

Essential Fish Habitat

This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the

Magnuson-Stevens Fishery Conservation and Management Act. The Corps’ initial

determination is that the proposed project will not adversely impact EFH or associated

fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils

or the National Marine Fisheries Service.

Cultural Resources

The Corps has consulted the latest published version of the National Register of Historic

Places and is not aware that any registered properties, or properties listed as being

eligible for inclusion therein are located within the project area or will be affected by the

proposed work. Presently, unknown archeological, scientific, prehistoric, or historical

data may be located within the project area and/or could be affected by the proposed


Endangered Species

The Corps has reviewed the project area, examined all information provided by the

applicant and consulted the latest North Carolina Natural Heritage Database. Based on

available information, the Corps has determined pursuant to the Endangered Species Act

of 1973 (ESA), that the proposed Project may affect federally listed endangered or

threatened species or their formally designated critical habitat. The Corps have

determined that the Dwarf Wedgemussel (Alasmidonta heterodon) could be in Stony

Creek. Consultation under Section 7 of the ESA will be initiated and no permit will be

issued until the consultation process is complete.


The decision whether to issue a permit will be based on an evaluation of the probable

impacts, including cumulative impacts, of the proposed activity on the public interest.

That decision will reflect the national concern for both protection and utilization of

important resources. The benefit which reasonably may be expected to accrue from the

proposal must be balanced against its reasonably foreseeable detriments. All factors

which may be relevant to the proposal will be considered including the cumulative effects

thereof; among those are conservation, economics, aesthetics, general environmental

concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain

values (in accordance with Executive Order 11988), land use, navigation, shoreline

erosion and accretion, recreation, water supply and conservation, water quality, energy

needs, safety, food and fiber production, mineral needs, considerations of property

ownership, and, in general, the needs and welfare of the people. For activities involving

the discharge of dredged or fill materials in waters of the United States, the evaluation of

the impact of the activity on the public interest will include application of the

Environmental Protection Agency’s 404(b)(1) guidelines.

Commenting Information

The Corps of Engineers is soliciting comments from the public; Federal, State and local

agencies and officials, including any consolidate State Viewpoint or written position of

the Governor; Indian Tribes and other interested parties in order to consider and evaluate

the impacts of this proposed activity. Any comments received will be considered by the

Corps of Engineers to determine whether to issue, modify, condition or deny a permit for

this proposal. To make this decision, comments are used to assess impacts on endangered

species, historic properties, water quality, general environmental effects and the other

public interest factors listed above. Comments are used in the preparation of an

Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)

pursuant to the National Environmental Policy Act (NEPA). Comments are also used to

determine the need for a public hearing and to determine the overall public interest of the

proposed activity.

Any person may request, in writing, within the comment period specified in this notice,

that a public hearing be held to consider the application. Requests for public hearings

shall state, with particularity, the reasons for holding a public hearing. Requests for a

public hearing shall be granted, unless the District Engineer determines that the issues

raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

Written comments pertinent to the proposed work, as outlined above, will be received

by the Corps of Engineers, Wilmington District, until 5pm, March 4, 2013. Comments

should be submitted to Mr. Thomas Brown, US Army Corps of Engineers, Raleigh

Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587,

telephone 919-554-4884, Ext. 22.


See Attached File for VICINITY MAP - REGIONAL




2003 NC Atlas & Gazetteer

Page 42

Soil & Environmental Consultants, P A

11010 Raven Ridge Rd.· Raleigh, NC 27614

(919) 846-5900. (919) 846-9467

Web Page:






Sheets Included:

Sheet 01 - COVER SHEET


Sheet 03 - SITE PLAN






300 S.

Wesleyan Boulevard

Rocky Mount, NC 27804





1051 N. Winstead Avenue

P. 0.

Box 7533

Rocky Mount, NC 27804

NC Firm No. P-0551

V: 252.977.3124

F: 252. 985. 6026