PUBLIC NOTICE
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: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx.
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
Authority
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.
Location
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
work.
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.
Evaluation
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
STALLINGS OIL
COMMERCIAL SITE
NASHVILLE, NASH CO. , NC
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: www.SandEC.com
See Attached File for
STALLINGS OIL COMPANY - NASHVILLE
SITE
NASH CROSSING SUBDIVISION
Sheets Included:
Sheet 01 - COVER SHEET
Sheet 02 - EXISTING CONDITIONS
Sheet 03 - SITE PLAN
Sheet 03B - PROPOSED ENVIRONMENTAL IMPACTS PLAN
Sheet 06 - UTILITY PLAN
Sheet 07 - ROAD PLAN & PROFILE
OWNER:
STALLINGS OIL COMPANY
300 S.
Wesleyan Boulevard
Rocky Mount, NC 27804
PREPARED BY:
JOYNER KEENY, PLLC
LAND PLANNING & SURVEYING
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