19890286 Ver 2_Corps of Engineer Correspondence_20170417

Strickland, Bev
From:
Spencer, Thekla M CIV USARMY CESAW (US) <[e-mail]>
Sent:
Monday, April 17, 2017 8:05 AM
To:
[e-mail]; [e-mail]; Huggett, Doug; Wilson, Debra; Higgins,
Karen; [e-mail]; [e-mail]; Coats, Heather; Mairs, Robb L
Subject:
SAW-2017-00182_GP291_COLONIAL TERM_WATTS_1002 S. Front St
Attachments:
SAW-2017-00182_GP291_COLONIAL TERM_WATTS_1002 S Front St.pdf
Per Tyler Crum bley.

Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
April 13, 2017
Action ID No. SAW -2017-00182 - Agitation Maintenance Dredging; Colonial Terminal
Colonial Terminals, Inc.
Attn: Mr. Phillip Watts
1002 South Front Street
Wilmington, North Carolina 28401
Dear Mr. Watts:
Reference your application for a Department of the Army permit to perform agitation
maintenance dredging in the Cape Fear River, within an existing berth at the Colonial Terminals
located at 1002 South Front Street, Wilmington, New Hanover County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction
activities that receive authorization from the State of North Carolina. Therefore, you may
commence construction activity in strict accordance with applicable State authorization and the
attached Federal special conditions. Please pay particular attention to the reporting and surveying
requirements under Navigation Conditions in the attached Special Conditions. Failure to comply
with the State authorization or conditions of the Federal permit could result in civil and/or
administrative penalties.
This verification authorizes agitation maintenance dredging in 45,000 square feet of
navigable waters for the maintenance of an existing shipping berth. Dredging depths will not
exceed -42 feet (plus 2' over dredge) below the mean low water elevation. This verification does
not authorize jet scour dredging.
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. Your Department of the Army permit will expire on December 31, 2021.

-2 -
Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Sincerely, J r��✓L %�
Tyler Crumbley
Regulatory Project Manager
Enclosures:
Special Conditions
CAMA Permit
GP 291 conditions
Copy furnished (w/enclosures):
Gary Greene
Gary Greene Engineers
P.O. Box 99213
Raleigh, North Carolina 27624
Copies furnished (w/o enclosures):
Dr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Dr. Iden Riley
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Doug Haggett
Division of Coastal Management
North Carolina Department of
Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421

-3 -
Ms. Debra Wilson
Division of Coastal Management
North Carolina Department of
Environmental Quality
127 Cardinal Drive
Wilmington, North Carolina 28405
Ms. Karen Higgins
Division of Water Resources
North Carolina Department of
Environmental Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
BOSN3 Mr. Scott McAloon
U.S. Coast Guard/Sector NC Waterways Management
2301 E. Fort Macon Road
Atlantic Beach, North Carolina 28512
Ms. Heather Coats
Division of Coastal Management
North Carolina Department of
Environmental Quality
127 Cardinal Drive
Wilmington, North Carolina 28405
Mr. Robb Mairs
Division of Water Resources
North Carolina Department of
Environmental Quality
127 Cardinal Drive
Wilmington, North Carolina 28405

Special Conditions
Colonial Terminals, Inc. — Mr. Phillip Watts
SAW -2017-00179
1. All work authorized by this permit must be performed in strict compliance with the attached plans,
which are a part of this permit. Any modification to these plans must be approved by the US Army
Corps of Engineers (USAGE) 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
NOAAINATIONAL 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 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.
13. Violations of these conditions or violations of Section 404 of the Clean Water Actor 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.
Navigation Conditions
14. The permittee shall assign a permanent maintenance dredging point of contact (POC) for the
authorized berth facility (i.e., Berth POC) and shall submit the name, phone number, mailing address,
and email address of the Berth POC to the Wilmington District, U.S. Army Corps of Engineers (Corps)
within 30 days of the date of permit issuance. The permittee shall notify the Corps of any change in the
Berth POC. Corps' Navigation and Regulatory POCs are listed below. The preferred method of
information exchange, dredging request, report submissions, etc., is electronic.
5

U.S. Army Corps of Engineers
Operations Division, Navigation Branch
Attention: Chief of Navigation
69 Darlington Avenue
Wihnington, North Carolina 28403
[phone]
Roger.D.Bullock@,usace.uM.mil
U.S. Army Corps of Engineers
Regulatory Division,
Attention: Tyler Crumbley
69 Darlington Avenue
Wilmington, North Carolina 28403
[phone]
[e-mail]
15. The permittee is only authorized to use agitation dredging in the identified berth/slip for the removal
of accumulated sediments to maintain the facility at its authorized depth by dragging an I-beam or other
similar device for the purpose of re -suspending accumulated sediment. Re -suspended sediment is
removed from the berth/slip by the ebb tide. Hydraulic dredging into the Federal channel or adjacent
waters will not be authorized.
16. At least 7 days in advance of a planned maintenance dredging event, the permittee shall provide the
Navigation POC 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.
17. The following harbor conditions will be considered by the Navigation 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.
18. 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 Navigation POC as plan views and
shall include the shoreline and berthing facilities, stationed to match the Corps' conducted surveys.

19. 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. An event includes all maintenance
dredging work performed during one or more ebb tides, in the accomplishment of one maintenance
dredging cycle, In instances where a post dredging survey is not performed within 7 days of completing
the dredging event, the permittee shall calculate the volume of material dredged by using the pre -event
survey and the authorized berth depth (i.e., the Corps will assume that the berth was dredged to it
authorized depth). At least 24 hours prior to conducting the before and after dredging hydrographic
surveys, the permittee will notify the Navigation POC of the scheduled survey, in the event the Corps
would also like to run a comparable survey at the same time.
20. The permittee shall also conduct a hydrographic survey of the Federal channel before and after
every agitation event of a slip. 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 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.
21. Reporting. Within 20 days of the completion of an approved dredging event, the permittee shall
submit the following minimum information to the Corps Regulatory and Navigation POC:
a. Berth location and authorized depth
b. Dredging begin and end date(s) and time(s)
c. Calculated volume of material removed from berthing facility/slip(s)
d. Copies of both pre and post dredging hydrographic survey sounding data (XYZ) and map of the
bertb/slip(s) in DWG, DGN or PDF format.
e. Copies of both pre and post dredging hydrographic survey sounding data (XYZ) and map of the
adjacent Federal channel(s) in DWG, DGN, or PDF format.
22. To obtain approval from the Navigation 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
Navigation POC of a request to conduct a maintenance dredging event. If the permittee is found to be
non-compliant with reporting requirements, the Navigation 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.
23. 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.
24. These permit Special Conditions will be reassessed or revaluated prior to or during the permit
renewal process.

EF'H Conditions
25. 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.
26. All requests for agitation 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.
27. Agitation dredging shall only be conducted during outgoing/falling tides
ESA Conditions
28. All in -water work must be conducted outside the Atlantic and Shortnose sturgeon moratoria dates
from February 1 to September 30.
29. In order to further protect the endangered West Indian Manatee, Trchechus 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 haps://www.fws.gov/ne-es/mammal/manatee.html