19940351 Ver 3_USACE Permit_20220923

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
September 23, 2022
Regulatory Division
Action ID No. SAW 2017-00179
Petroleum Fuel and Terminal Company
Attn: Mr. Jamie Mealy
3314 River Road
Wilmington, NC 28412
Dear Mr. Mealy:
Reference your application for a Department of the Army permit to renew a permit to
perform dredging at an existing shipping dock berth at the Petroleum Terminal located at 3314
River Road, Wilmington, New Hanover County, North Carolina.
This verification authorizes "agitation", and/or mechanical or "bucket to barge", and/or
hydraulic dredging in 88,000 square feet of shallow bottom of the Cape Fear River. Dredging
depth will not exceed -42 feet (plus 2 feet over dredge) below the mean low water elevations.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process, via Regional General Permit 291
(copy attached), for construction activities that receive authorization from the State of North
Carolina. Therefore, you may commence construction activity in strict accordance with the
applicable State authorization, attached Federal special conditions, RGP-291 conditions and the
approved plan. Failure to comply with the State authorization or conditions of the Federal permit
could result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.

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Questions or comments may be addressed to Greg Currey, Wilmington Field Office,
Regulatory Branch, telephone [phone] or email [e-mail].
Sincerely,
Digitally signed by
Gregory Currey Gregory Currey
Date: 2022.09.23
15:35:42 -04'00'
Greg Currey, Project Manager
Wilmington Regulatory Field Office
Enclosures:
Plans
Manatee Guidelines
GP 291 conditions
Copies Furnished by Email (with enclosures):
NOAA/NMFS; Mr. Fritz Rhode/Ms. Twyla Cheatwood
NOAA/NMFS; Dr. Pace Wilber
NCDEQ/DCM; Mr. Jonathan Howell
NCDEQ/DCM; Ms. Tara McPherson
NCDEQ/DWR; Ms. Holley Snider
NCDEQ/DCM; Mr. Cameron Luck
NCDEQ/DCM; Ms. Amanda Cannon
USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews
USEPA; Mr. Todd Allen Bowers
USCG; BOSN3 Mr. Paul Bertram
Gary Greene Engineers; Mr. Gary Greene

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Special Conditions
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, dated November 21, 2016, which are a part of this permit. Any
modification to these plans must be approved by the US Army Corps of Engineers (USA
CE) prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein
authorized, or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the permittee will be required, upon due notice from
the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No claim shall be
made against the United States on account of any such removal, relocation, or alteration.
The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data
Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring, MD 20910-3282 at least two
weeks prior to beginning work and upon completion of work.
3. Approval of the work is based on determinations that there would be no obstruction to
navigation. Issuance of this permit should not be construed as relieving the permittee of
taking proper steps to insure that structures and moored boats will not be damaged by
wave wash.
4. Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land clearing activities shall take place at any time in the construction or maintenance of
this project, in such a manner as to impair normal flows and circulation patterns within
waters or wetlands or to reduce the reach of waters or wetlands.
5. Except as authorized by this permit or any USACE approved modification to this permit,
no excavation, fill or mechanized land -clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit
does not authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area. This prohibition applies to all
borrow and fill activities connected with this project.
6. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other

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toxic materials. In the event of a spill of petroleum products or any other hazardous
waste, the permittee shall immediately report it to the N.C. Division of Water Quality at
[phone], Ext. 526 or [phone] and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act will be followed.
7. The authorized activity must not interfere with the public's right to free navigation on all
navigable waters of the United States. No attempt will be made by the permittee to
prevent the full and free use by the public of all navigable waters at or adjacent to the
authorized work for reason other than safety.
8. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the permittee should contact the U.S. Coast Guard
Marine Safety Office at [phone].
9. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington
District Engineer who will initiate the required coordination procedures.
10. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this permit. A copy of this permit, including all
conditions, shall be available at the project site during construction and maintenance of
this project.
11. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such
that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout
waters by the North Carolina Division of Environmental Management (NCDEM), 25
NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less
in trout waters, are not considered significant.
12. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time
and manner as the Secretary of the Army or his authorized representative may direct,
restore the water or wetland to its pre -project condition.

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13. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington
District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the
violation.
14. Utilization of "agitation" dredging requires that all dredging occur during ebb tide.
15. At least 7 days in advance of a planned maintenance dredging event, the permittee shall
provide the Corps Regulatory POC (Greg Currey) with copies of the before dredging
surveys/maps of the berth/slip and adjacent Federal channel(s) in order to obtain Corps
approval. The permittee will be informed whether the proposed dredging can be
conducted as scheduled and that proposed dredging events may be subject to
postponement or modification. The permittee shall be responsible for resolving
scheduling conflicts.
16. The following harbor conditions will be considered by the Corps Regulatory POC when
scheduling a dredging event, and may result in event postponement and/or modification:
a. An approved or ongoing dredging event is within 3000' upstream or downstream of a
berth where an agitation dredging event is proposed.
b. Agitation dredging in any berth that is located within 2000' upstream or downstream
of a shoal in the Federal channel
c. Ongoing or scheduled dredging in the Federal channel within 5000' upstream or
downstream of a berth where an agitation dredging event is proposed.
17. The permittee shall perform required hydrographic surveys in accordance with criteria
and procedures contained in the "US Army Corps of Engineers Hydrographic Surveying
Manual," EM 1110-2-1003. Required hydrographic surveys shall be provided to the
Corps Regulatory POC as plan views and shall include the shoreline and berthing
facilities, stationed to match the Corps' conducted surveys.
18. The permittee shall conduct a hydrographic survey of the berth/slip no more than 15 days
before and no more than 7 days after each maintenance dredging event.
19. The permittee shall also conduct a hydrographic survey of the Federal channel before and
after every agitation event. Channel surveys shall be performed no more than 15 days before
and within 7 days of completing the dredging event. Surveys are required of the Federal

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channel for a distance of approximately 2000' downstream and 1000' upstream of the point
where dredging occurred. The permittee is only required to survey 50% of the Federal
channel, as measured from the channel centerline to the edge of the channel adjacent to the
dredging event.
20. To obtain approval from the Corps Regulatory POC to conduct a maintenance dredging
event, the permittee must be in compliance with all permit conditions including the reporting
requirements listed in Special Condition 22. Failure by the permittee to maintain accurate
maintenance dredging documentation, to submit accurate and timely dredging information
will result in disapproval by the Corps Regulatory POC of a request to conduct a
maintenance dredging event. If the permittee is found to be non -compliant with reporting
requirements, the Corps Regulatory POC will not grant approval for a requested maintenance
dredging until after the permittee has posted delinquent reporting requirements and is
found to be compliant with all permit conditions.
21. Any accumulated sediment in the federal channel caused by the agitation dredging
activities shall be removed by the permittee if the accumulated sediments are determined to
interfere with navigation.
EFH Conditions
22. Agitation dredging shall not be allowed within a berth when agitation dredging is
concurrently ongoing within another berth that is less than 5,000 feet away.
23. All requests for dredging outside the period October 1 to January 31 shall be coordinated
with NMFS and shall include an explanation as to why the dredging could not be conducted
within the sturgeon and anadromous fish work windows (October 1 to January 31), and shall
provide additional measures that will be taken to ensure impacts to fishery resources are
minimal.
24. Agitation dredging shall only be conducted during outgoing/falling tides.
ESA Conditions
25. All in -water work must be conducted outside the Atlantic and Shortnose sturgeon
moratoria dates from February 1 to September 30.
26. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and
strictly adhere to all requirements therein. The guidelines can be found at
https ://www.fws.govinc-es/mammal/manatee.html.

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Permit Conditions for 2020 SARBO Project Design
Criteria (PDC)
For all activities:
(ED1) All personnel associated with this project shall be instructed about the potential presence
of species protected under the ESA and MMPA and the appropriate protocols if they are
encountered.
(ED2) All on -site project personnel are responsible for observing water -related activities for the
presence of ESA -listed species.
(ED3) All on -site project personnel will be informed of all ESA -listed species that may be
present in the area and advised that there are civil and criminal penalties for harming, harassing,
or killing ESA -listed species or marine mammals.
(ED4) All on -site project personnel will be briefed that the disposal of waste materials into the
marine environment is prohibited. All crew will attempt to remove and properly dispose of all
marine debris discovered during dredging operations, to the maximum extent possible.
All In -water Activities:
(1NWATER1) All work, including equipment, staging areas, and placement of materials, will be
done in a manner that does not block access of ESA -listed species from moving around or past
construction.
(INWATER2) Equipment will be staged, placed, and moved in areas and ways that minimize
effects to species and resources in the area, to the maximum extent possible. Specifically:
• All vessels will preferentially follow deep -water routes (e.g., marked channels) to avoid
potential groundings or damaging bottom resources whenever possible and practicable.
• Barges, scows, and other similar support equipment will be positioned away from areas
with sensitive bottom resources such as non -ESA -listed seagrasses, corals, and
hardbottom, to the maximum extent possible.
• Pipelines will be placed in areas away from bottom resources and of sufficient size or
weight to prevent movement or anchored to prevent movement or the pipeline will be
floated over sensitive areas.

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(INWATER3) All work that may generate turbidity will be completed in a way that minimizes
the risk of turbidity and sedimentation to non -ESA -listed non -mobile species (e.g., non -ESA -
listed corals, sponges, and other natural resources) to the maximum extent practicable. This may
include selecting equipment types that minimize turbidity and positioning equipment away or
downstream of non -mobile species.
(INWATER4) If turbidity curtains are used, barriers will be positioned in a way that does not
block species' entry to or exit from designated critical habitat and does not entrap species within
the construction area or block access for them to navigate around the construction area. Project
personnel must take measures to monitor for entrapped species in areas contained by turbidity
curtains and allow access for them to escape if spotted.
(INWATER5) If lines or cables are used (e.g., to mark floating buoys, lines connecting pickup
buoy lines, or for turbidity curtains):
* In -water lines (rope, chain, and cable) will be stiff, taut, non -looping. Examples of such lines
are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in -water
lines, such as nylon rope or any lines that could loop or tangle, will be enclosed in a plastic or
rubber sleeve/tube to add rigidity and to prevent the line from looping or tangling. In all
instances, no excess line is allowed in the water.
• All lines or cables will be immediately removed upon project completion.
• All in -water lines and materials will be monitored regularly to ensure nothing has become
entangled.
• Cables or lines with loops used to move pipelines or buoys will not be left in the water
unattended.
All Dredging:
(STURGEON2) Dredging operations, including related equipment, and projects conducted by
other entities in the vicinity will not block more than 50% of the sturgeon river width to allow
safe passage of sturgeon.
Cutterhead Dredge:
(CUTTER1): The cutterhead will not be engaged/turned on when not embedded in the sediment,
to the maximum extent possible.

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Dredge Plant Conditions
1. Reporting requirements:
a. Pre -Construction Notification: At least 2 weeks prior initiating the work authorized by this
permit, the Permittee shall submit a completed "SARBO Pre -Construction Notification" form
(see form below) to the following emails: [e-mail] and
[e-mail]. The checklist must be completed using the form function (i.e. do not
handwrite or create text boxes). Upon receipt of the notification form, you will receive a list of
the Corps primary points of contact for reporting turtle take/incidents. If the permit authorizes
multiple work events, the Permittee must submit the SARBO Pre -Construction Notification prior
to each event.
b. Take Reporting: All lethal and nonlethal take associated with a project covered under
SARBO will be reported within 48 hours. Project details related to take that will be
reported by completing "SARBO Take Reporting" form (see form below) and sent to the
following emails: [e-mail] and [e-mail].
The checklist must be completed using the form function (i.e. do not handwrite or create
text boxes).
c. Post -Construction Reporting: Within 30 days of completing the work authorized by
this permit, the Permittee shall submit a completed "SARBO Post -Construction
Notification" form (see form below) to the following emails:
[e-mail] and [e-mail]. The checklist must be
completed using the form function (i.e. do not handwrite or create text boxes).

BERTH DREDGE LIMITS
NC STATE PORT
RIPARI�N N
1a �i
ALTAMAR ift tj
PURPOSE: DREDGE PERMIT MODIFICATION
1"=150'
BERTH DREDGE LIMITS
DREDGE PERMIT MODIFICATION
GARY GREENE
ENGINEERS
PO BOX 99213 RALEIGH, NC 27624
DATUM: MLLW
ADJACENT PROPERTY OWNERS:
1. NC STATE PORT
2. ALTAMAR
APPLICANT: PETROLEUM FUEL & TERMINAL
3314 RIVER ROAD
WILMINGTON, NC
IN: CAPE FEAR RIVER
RIVER MILE: —
COUNTY OF:WILMINGTON / NEW HMAd VNE
DATE: 11/21/2016 SHEET P1 OF 2

PURPOSE: DREDGE PERMIT MODIFICATION
1"=3000'
CORPS. OF ENGRS
EAGLE ISLAND
NORTH CELL
ORPS. OF N RS
AGLE ISLA D
SOUTH CE L I
DREDGE DISPOSAL SITE
DREDGE PERMIT MODIFICATION
DREDGE SITE
N
RECEIVED
DCM WILMINGTON, NC
GARY GREENE
ENGINEERS
'90 B0% 99213 RALEIGH, NC 27624
DATUM: MLLW
ADJACENT PROPERTY OWNERS:
1. NC STATE PORT
2. ALTAMAR
3. .
APPLICANT: PETROLEUM FUEL & TERMINAL
3314 RIVER ROAD
WILMINGTON, NC
IN: CAPE FEAR RIVER
RIVER MILE: -
COUNTY OF:WILMINGTON / NEW HAMNE C
DATE: 11/21/2016 SHEET P2 OF 2

South Atlantic Regional Biological Opinion (March 2020)
Pre -Construction Notification Form
This form is used by the U.S. Army Corps of Engineers to document compliance with
Section 2.9.3.5 of the South Atlantic Regional Biological Opinion (SARBO). You are
required to complete this form and submit it via email to the email addresses listed in
the special condition in the USACE permit TWO WEEKS prior to commencing work.
The form must be completed electronically using the form feature (i.e. do not handwrite
or create text boxes).
1) USACE Project Manager (point of contact and contact information):
2) Protected Species Observer (PSO)
a) Will a PSO be used? O Yes O No
b) Provide the observer company, if a PSO was used, and contact information:
3) List all federal action agenc /s associated with project (Select all that apply):
USACE: SAD SAC SAJ SAS SAW
FEMA
BOEM U.S. Air
Force
Other:
4) All federal action agency project tracking numbers associated with the project, if
applicable (e.g., USACE Regulatory tracking number, e.g., SAW-2018-xxxxx):
5) Biological Opinion(s) used to authorize the work:
SARBO
JAXBO (SAJ)
SARBO 2020 PCN Form
Page 1 of 4 Form date 24 June 2020

6) Estimated project start date:
7) Estimated project complete date:
8) Project name (Typically projects are referred to by the name of the area. If the area
has more than one common name, all common names should be provided):
9) Project location:
a) Project location for dredging'. For regularly occurring projects with an easily
referenced named location, a central location may be sufficient (e.g., latitude and
longitude in decimal degree format [xx.xxxx, -xx.xxxx]).
b) Project location for placement. For regularly occurring projects with an easily
referenced named location, a central location may be sufficient (e.g., latitude and
longitude in decimal degree format [xx.xxxx, -xx.xxxx]).
10) Is the project occurring in an area identified in this Opinion that requires additional
protection (select all that apply)?
ESA -listed coral (Appendix C)
Sturgeon rivers (Appendix E)
Johnson's seagrass (Appendix D)
nWhen and where North Atlantic right whales may be present (Appendix F)
1 Project spatiolocation (i.e., shapefile/.kmz) to show the complete action area is needed if this information
has not been previously provided to NMFS.
SARBO 2020 PCN Form
Page 2 of 4 Form date 24 June 2020

11) and 12) Is the project occurring within the geographic limits of a designated critical
habitat, even if features are not impacted? Total area of the project that occurs
within the geographic area of one or more critical habitat units, if applicable.
Critical habitat
Unit
Additional unit
(if applicable)
Total area
(Square feet)
Green sea turtle
Select one
N/A
Leatherback sea
turtle
Select One
N/A
Loggerhead sea
turtle
Select One
Select One
Hawksbill sea turtle
Select One Select One
Atlantic sturgeon
Select One Select One
Acropora (Elkhorn
and staghorn coral)
Select One
N/A
Johnson's seagrass
Select One Select One
North Atlantic right
whale
Select One
N/A
13)Project type/s (Check all that apply):
Maintenance Dredging Minor channel modification/realignment
Borrow site Muck dredging
nBeach nourishment Nearshore placement
ODMDS G&G survey
New placement location Other
14)Pre-project proposed dredge and placement total volume in cubic yards.
Dredge: Placement:
15)Previous dredge templates:
a) Does dredging exceed the previously federally -approved or federally -authorized
dredge template including previously considered overdepth and/or advanced
maintenance? 0 Yes 3No
b) If you selected yes to question 16a, provide an explanation (e.g., approved
through supersede, unintentional/unusual event and lesson learned).
SARBO 2020 PCN Form
Page 3 of 4 Form date 24 June 2020

16)Select all of the vessels and specific equipment used on project. A single project
may include more than 1 category of equipment listed below for a portion or all of a
project. The equipment types expected to be used and listed with the pre -
construction notification will be updated at the end of the project if modifications
were necessary.
Hopper dredge
Modified hopper
Non -hopper dredging equipment (e.g., bucket, clamshell, cutterhead, water -
injection, bed -leveling to complete project)
Bed -leveling (used as the sole form of material movement or just during clean-up
phase of hopper dredging).
Geophysical survey
Relocation trawling
New Equipment or construction method approved through the SARBO
Supersede 2 process outlined in Section 2.9.5.2 of this Opinion.
17)The Corps regulatory project manager confirms that all applicable PDCs have been
reviewed and will be requirements of the permit, as noted in the decision document?
OYes
O No
18) Date Pre -Construction Form completed and emailed:
SARBO 2020 PCN Form
Page 4 of 4 Form date 24 June 2020

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
http://www.saw.usace. army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 198000291
Name of Peiiiiittee: General Public
Effective Date: January 01, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to do work in or affecting navigable waters of the U.S. and waters of the
recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers
of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S
hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
U.S., upon
and Harbors Act
.C. 1344), is
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA
IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR
A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY
CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL
AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER RGP.
Operating Procedures
a. Applications for joint state and federal authorization under this programmatic RGP will
be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of
a complete application by the NCDCM will initiate the State's field review that will include a site
visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will
forward a copy of the complete application, its Field Investigation Report, and its Bio-Report, to
the appropriate Corps of Engineers field office, thereby initiating federal review of the project.
The Corps, upon receipt of an application, will immediately assign an action identification
number, acknowledge receipt thereof, and examine the application to assure that it can be
processed pursuant to this programmatic RGP. The applicant and the NCDCM will be furnished
written notification of the Corps' determination. Notification to the applicant will include a brief
description of the administrative process.

b. For those proposals that may result in a discharge into waters of the U.S., including
wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be
infoiuied regarding the applicant's need to obtain a Water Quality Certification in accordance
with section 401 of the Clean Water Act.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional RGP or a nationwide permit (NWP), this procedure may be
terminated and the activity authorized pursuant to the terms and conditions of the appropriate
RGP or NWP.
d. The permit review process conducted by the NCDCM is a public process involving
publication of public notices in local newspapers, public hearings, and various public appeal
procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed
necessary for compliance with appropriate laws, regulation, and guidance.
e. This RGP does not, in any way, alter established procedures or responsibilities, as
required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with
respect to the Corps' coordination with appropriate review agencies. The applicant will continue
to have the opportunity to rebut any objections to a proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this RGP
process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for denial. The Corps will
typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or recommendations,
the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to
resolve the issue may include initiating the referral procedures outlined by current memoranda of
agreement (MOA's) between the Department of the Army and the agency. No coordinated
federal position will be furnished to the NCDCM until and unless the Corps receives written
agreement from the Federal Agency that all issues have been resolved to the satisfaction of that
agency.

i. If any of the recommendations and/or conditions included in the coordinated federal
position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10)
days of receipt of the coordinated federal position and attempt to resolve the conflict. If
resolution of the conflict involves changes to the conditions or recommendations provided by the
Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this RGP will apply.
j. If a Federal Agency conflict is not resolved within the time necessary for a decision by
the NCDCM, the NCDCM may proceed, independently, to conclude the state action without
inclusion of the federal position. In such case, the applicant and the NCDCM will be notified
immediately, in writing, that the state peiinit does not satisfy the federal permit requirements and
that the proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies' positions, law,
regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the
NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of
the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section
401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not
confirm the authorization of a proposed project under this RGP until the issuance of the NCDCM
permit and, if required, the Section 401 Water Quality Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
m. No work may proceed under this RGP until the Wilmington District Engineer or his
representative provides written verification that the procedures and conditions of the RGP have
been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically inspect
projects for compliance with permit conditions and applicable state and federal regulations. If
any violation of the NCDCM permit is discovered which would also constitute a violation of the
federal position, both the NCDCM and the Corps, in accordance with their respective regulations
and policies, may take enforcement action.
o. This RGP will not be used to authorize an activity when the Wilmington District
Engineer determines that the proposed activity would significantly affect the quality of the
human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
General Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways will be
constructed in accordance with the latest setback criteria established by the Wilmington District
Engineer. You may review the setback policy at

http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This RGP does not
authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must
obtain approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Except as authorized by this RGP or any Corps approved modification to this RGP, no
excavation, fill or mechanized land -clearing activities shall take place, at any time in the
construction or maintenance of this project, within waters or wetlands. This peiinit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
c. Authorization under this RGP does not obviate the need to obtain other federal, state,
or local authorizations.
d. All work authorized by this RGP must comply with the terms and conditions of the
applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the
North Carolina Division of Water Resources.
e. The Permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
peiuiit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
f. The activities authorized by this RGP must not interfere with the public's right to free
navigation on all navigable waters of the U.S. No attempt will be made by the Permittee to
prevent the full and free use by the public of all navigable waters at or adjacent to the authorized
work for a reason other than safety.
g. The Permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his/her authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
Permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
h. The Permittee, upon receipt of a notice of revocation of the peewit for the verified
individual activity, may apply for an individual permit, or will, without expense to the United
States and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the US to its former conditions.

i. This RGP does not authorize any activity that would conflict with a federal project's
congressionally authorized purposes, established limitations or restrictions, or limit an agency's
ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers
and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take
possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure,
or obstruct a federally constructed work or project, including, but not limited to, levees, dams,
jetties, navigation channels, borrow areas, dredged material disposal sites, flood control projects,
etc., shall be permitted unless the project has been reviewed and approved by the appropriate
Corps approval authority.
j. The Permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging, or other work within
the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: [e-mail].
k. The Permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
1. This RGP does not grant any property rights or exclusive privileges.
m. This RGP does not authorize any injury to the property or rights of others.
n. This RGP does not authorize the interference with any existing or proposed federal
project.
o. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this RGP.
(4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.

p. Authorization provided by this RGP may be modified, suspended, or revoked in whole
or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines
that such action would be in the best public interest. The term of this RGP shall be five (5) years
unless subject to modification, suspension, or revocation. Any modification, suspension or
revocation of this authorization will not be the basis for any claim for damages against the
United States Government.
q. No activity may occur in a component of the National Wild and Scenic Rivers System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
r. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN.
Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
s. In cases where the Wilmington District Engineer deteiiiiines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and its
codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the
Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation
Act, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
t. If you discover any previously unknown historic, cultural, or archeological remains
and artifacts while accomplishing the activity authorized by this RGP, you must immediately
notify the Wilmington District Engineer of what you have found, and to the maximum extent
practicable, avoid construction activities that may affect the remains and artifacts until the
required coordination has been completed. The Wilmington District Engineer will initiate the
Federal, tribal, and state coordination required to determine if the items or remains warrant a
recovery effort or if the site is eligible for listing in the National Register of Historic Places.
u. Endangered Species.
(1) No activity is authorized under this RGP which is likely to jeopardize the continued existence
of a threatened or endangered species directly or indirectly or a species proposed for such

designation, as identified under the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify the critical habitat of such species. No activity
is authorized under this RGP which "may affect" a listed species or critical habitat, unless
Section 7 consultation addressing the effects of the proposed activity has been completed.
(2) Federal agencies should follow their own procedures for complying with the requirements of
the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency) must
provide the District Engineer with the appropriate documentation to demonstrate compliance
with those requirements. The District Engineer will review the documentation and deteiniine
whether it is sufficient to address ESA compliance for the RGP activity, or whether additional
ESA consultation is necessary.
(3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service
(USFWS) or NMFS, the District Engineer may add species -specific endangered species
conditions to the RGP verification letter for a project.
(4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the U.S. to
take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the
definition of "take" means an act which actually kills or injures wildlife. Such an act may include
significant habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.
(5) Information on the location of threatened and endangered species and their critical habitat can
be obtained directly from the USFWS in Raleigh, North Carolina at the address provided below,
or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/
or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively.
The Raleigh USFWS Office covers all NC counties east of, and including, Richmond,
Montgomery, Randolph, Guilford, and Rockingham Counties.
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
(6) The Wilmington District, USFWS, NCDOT, and the FHWA have conducted programmatic
Section 7(a)(2) consultation for a number of federally listed species and habitat, and
programmatic consultation concerning other federally listed species and/or habitat may occur in
the future. The result of completed programmatic consultation is a Programmatic Biological
Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to
implement the reasonable and prudent measures that are associated with "incidental take" of

whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP
is conditional upon the Permittee's compliance with all the mandatory terms and conditions
associated with incidental take of the applicable PBO (or PBOs), which are incorporated by
reference in this RGP. Failure to comply with the terms and conditions associated with incidental
take of an applicable PBO, where a take of the federally listed species occurs, would constitute
an unauthorized take by the Permittee, and would also constitute Permittee non-compliance with
the authorization under this RGP. If the terms and conditions of a specific PBO (or PBOs) apply
to a project, the Corps will include this/these requirements in any RGP verification that may be
issued for a project. The USFWS is the appropriate authority to determine compliance with the
terms and conditions of its PBO, and with the ESA.
(7) Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating
Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps
and the U.S. Fish and Wildlife Service. See
http://www. saw.usace. army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to
the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the
western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either
federal or state funded) in the eastern 59 counties in North Carolina. Note that if another federal
agency is the lead federal agency for a project in the western 41 counties, procedures for
satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will
not be applicable for consideration under the SLOPES; however, information that demonstrates
the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2) / 4(d) Rule
for the NLEB, will be required in the PCN. Note that at the time of issuance of this RGP, the
federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a
result of litigation, the NLEB is federally listed as "Endangered", this general condition ("s")
will no longer be applicable because the 4(d) Rule, and this NLEB SLOPES, will no longer
apply/be valid.
(8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
https://wvvw.fws.gov/raleigh/pdfs/ManateeGuidelines20 1 7.pdf
(9) If the Permittee discovers or observes any live, damaged, injured, or dead individual of an
endangered or threatened species during construction, the Permittee shall immediately notify the
Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service.
v. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This RGP does not
authorize any activity prohibited by the National Flood Insurance Program.
w. The Pennittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized

facilities. For further information, the Permittee should contact Coast Guard Sector North
Carolina at [phone] or email Coast Guard Fifth District at cgd5waterwaysAuscg.mil.
x. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will
be installed and maintained by and at the expense of the Permittee.
y. It is possible that an authorized structure may be damaged by wave wash from
passing vessels. The issuance of this RGP does not relieve the Permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
Permittee will not hold the United States liable for any such damage.
z. Structures and their attendant utilities, authorized by this RGP, located on lands subject
to an easement in favor of the United States for the operation, maintenance, improvement, and
enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of
the Permittee, in the event that, in the judgment of the Corps acting on behalf of the United
States, the lands are needed at any time for any purpose within the scope of the easement.
Permanent buildings will not be constructed within the easement.
aa. The Permittee must maintain any structure or work authorized by this RGP in good
condition and in conformance with the terms and conditions of this RGP. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee
simple of the work authorized by this RGP will automatically transfer this RGP to the property's
new owner, with all of the rights and responsibilities enumerated herein. The Permittee must
inforrii any subsequent owner of all activities undertaken under the authority of this RGP and
provide the subsequent owner with a copy of the terms and conditions of this RGP.
bb. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
cc. Except as authorized by this RGP or any Corps approved modification to this RGP,
all fill material placed in waters or wetlands shall be generated from an upland source and will be
clean and free of any pollutants except in trace quantities.
dd Except as authorized by this RGP or any Corps approved modification to this RGP,
all excavated material will be disposed of in approved upland disposal areas.
ee. Activities which have commenced (i.e., are under construction) or are under contract
to commence in reliance upon this RGP will remain authorized provided the activity is
completed within twelve months of the date of the RGP's expiration, modification, or revocation.
Activities completed under the authorization of this RGP that were in effect at the time the
activity was completed continue to be authorized by the RGP.

BY AUTHORITY OF THE SECRETARY OF THE ARMY:
ami A. Bennett
Colonel, U.S. Army
District Commander

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally -listed
endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 et seq.). The
manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article
25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead
Federal agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been
recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly
found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and
inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly
submerged, making them difficult to detect even in shallow water. While the manatee's principal
stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary
measures for general construction activities in waters used by the species. Implementation of these
measures will allow in -water projects which do not require blasting to proceed without adverse impacts to
manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment
or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental
document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review
of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act.
These measures include:
1 The project manager and/or contractor will inform all personnel associated with the project that
manatees may be present in the project area, and the need to avoid any harm to these endangered
mammals. The project manager will ensure that all construction personnel know the general appearance
of the species and their habit of moving about completely or partially submerged in shallow water. All
construction personnel will be informed that they are responsible for observing water -related activities for
the presence of manatees.
2. The project manager and/or the contractor will advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees which are protected under the Marine
Mammal Protection Act and the Endangered Species Act.

3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel
movement, all appropriate precautions will be implemented to ensure protection of the manatee. These
precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet
of the operational area of the equipment. Activities will not resume until the manatee has departed the
project area on its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made
to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252-
728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel
operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer months,
primarily from June through October. Idle speed is required if operating this vessel in shallow
water during these months. All equipment must be shut down if a manatee comes within 50 feet
of the vessel or operating equipment. A collision with and/or injury to the manatee must be
reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine
Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252-
448-1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during
project activities. Upon completion of the action, the project manager will prepare a report which
summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field
Office.
7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times
while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All
vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in
which manatees cannot become entangled; (b) secured in a manner that they cannot break free and
entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled.
Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat.
Prepared by (rev. 02/2017):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520
2

Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and
muddy waters of coastal North Carolina, one normally sees only a small part of the head when the
manatee raises its nose to breathe.
Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-
evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North
Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.
3