18-21 National Gypsum Company

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
18-21
Issued to National Gypsum Company, 2001 Rexford Road, Charlotte, NC 28211
Authorizing development in New Hanover County at adi. to the Cape Fear River, at 838
Sunnyvale Dr., in Wilmington , as requested in the permittee's application dated 911120, including attached
workplan drawings (7), Sheets 1-7 of 7 all dated 11/23/20.
This permit, issued on February 11, 2021 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Excavation
1) In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no
excavation or filling shall be permitted between February 15 and September 30 of any year without
the prior approval of the Division of Coastal Management, in consultation with appropriate resource
agencies.
2) No excavation shall take place outside of the area indicated on the workplan drawings.
3) Excavation shall not exceed -38 feet below mean low water (MLW). In no case shall the depth of
excavation exceed the depth of connecting waters.
(See attached sheets for Additional Conditions)
This permit action maybe appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2024
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature ofPermittee

National Gypsum Company Permit No. 18-21
Page 2 of 4
ADDITIONAL CONDITIONS
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawing.
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
National Response Center at [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
7) In order to prevent leakage, dredge pipes shall be routinely inspected. If leakage is found and repairs
cannot be made immediately, pumping of material shall stop until such leaks are fixed.
Spoil Disposal
8) No spoil material shall be placed within 30 feet of the normal high water line.
9) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the
site is graded and stabilized.
10) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond
the normal low water level to prevent gully erosion and unnecessary siltation.
11) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike
and a maximum distance from spillways to allow settlement of suspended sediments.
12) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
13) The diked disposal area shall be constructed a sufficient distance from the normal high-water level or
any marsh and sufficiently maintained to eliminate the possibility of dike erosion or spoil deposition into
surrounding wetlands or waters.
14) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
15) If the alignment of the dredge pipe changes from the attached workplan drawings, the permittee and/or
his or her contractor shall meet with a representative of the Division prior to project initiation.

National Gypsum Company
ADDITIONAL CONDITIONS
Maintenance Clause
Permit No.18-21
Page 3 of 4
16) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a representative
of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
Stormwater Manaeement
17) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require
a Stormwater Management permit. The permittee shall receive a Stormwater Management permit from
DEMLR prior to the initiation of any construction. Submit this plan to the Division of Energy, Mineral
and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC
28405. Any violation of the permit approved by DEMLR shall be considered a violation of this CAMA
permit.
Sedimentation and Erosion Control
18) An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at
least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the
Division of Energy, Mineral and Land Resources, Land Quality Section, 127 Cardinal Drive Extension,
Wilmington, NC 28405.
19) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
20) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
21) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes.
USACE / Federal Conditions
22) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee guidelines.pdf.

National Gypsum Company
ADDITIONAL CONDITIONS
As -built Survey
Permit No. 18-21
Page 4 of 4
23) An as -built survey shall be performed in the dredge footprint area, and copies of the survey provided to
the U.S. Army Corps of Engineers and Division of Coastal Management, within 60 days of completion
of construction of these portions of the project.
'General
24) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
25) All debris associated with the permitted dredging activity shall be contained within the authorized
project area and removed to an appropriate upland location.
26) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit No. 35
(Action ID SAW-1994-03672).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2020-1776.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water.
NOTE: An application processing fee of $475 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: National Gypsum Company COUNTY: New Hanover
PROJECT NAME: National Gypsum Company Maintenance Dredging
LOCATION OF PROJECT: 838 Sunnyvale Dr., adjacent to the Cape Fear River, Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-23-20
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: MacPherson DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: S475 (6tV40)#91/527
APPLICATION ASSIGNED TO: Weyehert
PUBLIC NOTICE RECD: 12-14-20 END OF NOTICE DATE:14-21
ADJ. RIP. PROP NOTICES RECD: _ _ DEED RECD: Yes
C) 75 DAY DEADLINE: 2-8-21 150 DAY DEADLINE:
MAIL OUT DATE: 12-10-20 STATE DUE DATE: 1-4-21
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
NOTES
COMMENTS
OBJECTIONS:
RETURNED
YES NO
,,.,iv. - rwia tcep
DCM- LUPConsistencyDetermination
-�
Local Permit Officer
Corps of Engineers — Regulatory Branch
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DWR-401 Section
DWR—Public Water Supply
Z,
DEMLR — Stormwater
DEMLR — Sed and Erosion
DOA — State Property Office
[v
N
Wildlife Resources Commission
DMF—Shellfish Section
DMF — Habitat & Enhancement
'1 3
SL pnq Mdnj C S Ft�
DNCR — Archives & History
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DNCR — Natural Heritage Program
NCDOT
NC Dept of Commerce

for State Permit —
This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries,
regarding potential impacts to shallow bottom. Should concerns be expressed over potential impacts from any ofthe resource
agencies, the project could then be found to be inconsistent with NCAC 07H .0208(a)(2), which requires that the location,
design and need be consistent with the management objective of the Estuarine System AEC and the project be sited and
designed to avoid significant adverse impacts upon the productivity and biological integrity of spawning and nursery areas.
It is the stafPs recommendation that the proposed excavation is CONSISTENT with the Rules of 15 A NCAC 07H.0208
(b)(1) Specific Use Standards due to the existing maintenance dredge footprint and (F) which states, "Any canal or boat
basin shall be excavated no deeper than the depth of connecting waters. The proposed excavation is also CONSISTENT
with the Rules of 15 A NCAC 07H.0208 (b)(2) Hydraulic Dredging.
This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting
requirements. It is recommended that any permit issued should include standard conditions for excavation.

ROY COOPER
ryv�
Gnvernos
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
NORTH CAROLINA _
Dw lnn Dn aion oJ('oamal
E vnon:cenarl Oval+j
Management
December 10, 2020
MEMORANDUM:
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cu rt.wevchert(a) N CDE N R.g ov
SUBJECT: Dredge & Fill
Applicant: National Gypsum Company
Project Location: 838 Sunnyvale Drive, adjacent to the Cape Fear River in Wilmington, New Hanover
County
Proposed Project: Proposal to perform maintenance dredging within the existing berth footprint which
was previously dredged through State Permit No. 102-94.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Weychert at the address above by January 4, 2021. If you have any questions
regarding the proposed project, contact Tara MacPherson at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME Mark Brown
AGENCY Public Water Supply
SIGNATURE fi`,
DATE 12-11-20
State of Noah Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive E.L. Wilmington. NC 29405 919 796 7215
RECEIVED
DEC ] I mo
NIP SECTION
DCM - MHD CITY

�.. ROY COOPER
irf- Governor
MICHAEL S. REGAN
R„ Secretary
BRAXTON DAVIS
NORTH CAROLINA
Director, Division ojCoostal
Environmental Ouahor Management
December 10, 2020
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchertna.NCDENR. oov
SUBJECT: Dredge & Fill
Applicant: National Gypsum Company
Project Location: 838 Sunnyvale Drive, adjacent to the Cape Fear River in VVIImington, New Hanover
County
Proposed Project: Proposal to perform maintenance dredging within the existing berth footprint which
was previously dredged through State Permit No. 102-94.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Weychert at the address above by January 4, 2024 If you have any questions
regarding the proposed project, contact Tara MacPherson at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINTNA 19 Shannon Jenkins
AGENCY NC DMF - Shellfish Sanitation & Recreational Water Quality
RECEIVED
SIGNATURE Q for Shannon Jenkins
DEC 11 2020
PATE 12/11/2020 MP SECTION
DCM - MHD CITY
State ofNotth Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215

ROY COOPER
3 K Co,enmr
{r r' MICHAEL S. REGAN
seem„•
N07..'rv. Cr•:Rc_r,+a BRAXTON DAVIS
1i:r4nl,et. ;170/ l::;.,lin, DJ i 0,. Divlrlm, orComlel
Mnnngnnnt
December 10, 2020
MEMORANDUM.
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curtwevchertONCDENR goy
SUBJECT: Dredge & Fill
Applicant: National Gypsum Company
Project Location: 838 Sunnyvale Drive, adjacent to the Cape Fear River in Wilmington, New Hanover
County
Proposed Project: Proposal to perform maintenance dredging within the existing berth footprint which
was previously dredged through State Permit No. 102-94,
Please Indicate below your agency!'s position or viewpoint on the proposed project and
return this form to Curt Weychert at the address above by January 4, 2021. If you have any questions
regarding the proposed project, contact Tara MacPherson at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no,comment an the proposed project.
This agency approves of the project only if the recommended changes
are Incorporated. See attached.
This agency objectsito the project for reasons described In the attached comments.
PRINT NAME �—t n�ci �a 1 n�e ✓
AGENCY A6W cLylaqer 101a,�T./
SIGNATURE r� C RECEIVED
DEC 16.1010
DATE Liam.. 1� 202c7 MP SECTION
DCM - MHD CITY
StM0fNenh Cetutme I'Fjrvim em ]Qmlig•lCm3wm mgemeat
127 CB*41 Drive 6LL, Wilmingtnq NC 29405 919 796 7215

Y �
n�
NORTH CAROLINA
Enriromnrnial finality
December 10, 2020
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchertaNCDENR.aov
SUBJECT: Dredge & Fill
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Division of Coastal
Managemenl
Applicant: National Gypsum Company
Project Location: 838 Sunnyvale Drive, adjacent to the Cape Fear River in Wilmington, New Hanover
County I .
Proposed Project: Proposal to perform maintenance dredging within the existing berth footprint which
was previously dredged through State Permit No. 102-94.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by January 4, 2021. If you have any questions
regarding the proposed project, contact Tara MacPherson at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has 0o comment on the proposed project.
X This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME Kimberlee Harding
AGENCY NCDMF
SIGNATURE
DATE
12/30/2020
i
I
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Dnve Ext., Wilmington, NC 28405 9197967215
RECEIVED
DEC 3 0 2020
MP SECTION
DCM - MHD CITY

w
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
STEPHEN W.MURPHEY
Director
MEMORANDUM:
TO: Curt Weychert, DCM Assistant Major Permit Coordinator
FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist
SUBJECT: National Gypsum Company Maintenance Dredging
DATE: December 30, 2020
A North Carolina Division of Marine Fisheries (NCDMF) Fisheries Resource. Specialist has reviewed
the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The
applicant proposes to perform maintenance dredging within the existing belth footprint, which
was previously dredged through State Permit No.102-94. Maintenance excavation is proposed in
an area measuring approximately 1000 ft. wide by 130 ft. long within the existing berthing
footprint. Approximately 17,000 cubic yards of material would be excavated from the Cape Fear
River to a final depth of-38 ft. (-36 ft. plus 2 ft. overdredge) at MLW. The application states that
existing water depths in the project area are an average of -24 ft. at MLW. The New Hanover County
and the City of Wilmington 2006 Land Use Plan classifies adjacent waters as Conservation, and the
adjacent high ground portion of the project area as Urban/Resource Protection. The waters of the
Cape Fear River are classified SC by the Division of Water Resources. They are designated as a .
Primary Nursery Area (PNA) by the NCDMF.
PNAs are estuarine waters where initial post -larval development occurs. Species within this area
are early post -larval to juvenile and include finfish, crabs, and shrimp. Species inhabit PNAs because
they afford food, protection, and proper environmental conditions during vulnerable periods of
their life history, thus protection of these areas are imperative. Increased sedimentation raises
concern for shellfish and shellfish habitat1by either the direct burial of oyster beds or reductions in
filtration efficiency, respiration rates, and/or reproduction and settlement. Larval oysters require a
clean hard bottom for attachment and sedimentation as little as 1 or 2 mm may inhibit settlement.
Duration of sedimentation suspension and water quality degradation has been shown to result in
juvenile oyster mortality. Coastal wetlands are considered among the most productive ecosystems
in the world. Coastal wetlands are a productive detritus -based system that trap nutrients, toxins
and sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier
to flood damage, and provide nursery functions and support fish production.
I
For the above -mentioned reasons, the N.C. Division of Marine Fisheries would request that a
moratorium on in -water work, to include dredging, from 1 April to 30 September is recommended
to reduce the negative effects on critical fish life history activities, to include spawning migrations
and nursery functions.
Contact Kimberlee Harding at [phone] or [e-mail] with further
questions or concerns.
RECEIVED
Nothing Compares. DEC 3 01010
State of NorthCarolina I Division of Marine Fisheries
3441Arendell Street I P.&Boz769I Morehead City, North Carolina 28557 MP SECTION
1 252-726-7021 DCM - MHD CITY

ROY COOPER
Y
MICHAEL S. REGAN
�e1V RECEIVED
BRAXTON DAVIS
:JAN 0'51021
1.11,
December 10, 2020 �• 2+� 12 I `� o `} MP SECTION
MEMORANDUM: DCM - MHD CITY
95
FROM: Curt Weychert, Assistant Major Permits Coordinator Lt,
NCDEQ - Division of Coastal Management ')EC 2020
400 Commerce Avenue, Morehead City, NC 28557 PSC prE
i Fax: 252=247-3330 (Courier 11-12-09)
curt.wevchertanNCDENR.eov cw.I�Q�
SUBJECT: Dredge & Fill ! i` ra
1��F62BZ 1Zg25ti
Applicant: ' National Gypsum Company
Project Location: ou Sunnyvale Drive, adjacent to the Cape Fear Riverin Wilmington, New Hanover
County
Proposed Project: Proposal to perform maintenance dredging within the existing berth footprint, which
was previously dredged through State Permit No. 102-94.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by January 4, 2021. If you have any questions
regarding the proposed project, contact Tara MacPherson at [phone] when appropriate, in-depth
comments with supporting data is requested.
i
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
✓ This agency approves of the project only if the recommended changes
are incorporated. . See. lxlaiJ
This agency objects to the project for reasons described in the attached comments.
PRINT NAME Mc.��1\
AGENCY N64�fLC
SIGNATURE
DATE I — `-)-0A
State ofNoM Carolina i Envi o mtal Quality i Coastal Wnagcment
127 Cardmal aive&,L. Wileningmn, NC 29405 9197967215
41-e c_vrmrr ztt Yyis-r o M 144 —
.oatt-cr �a-lnw.s t�,�t-h�rnec�
� rc U_Qs to � F
is \nc'd_eJ e-S '< ffrwt
CT",Ai 1m —1-D .0_nV_ r(_
",s m&r(-0 F,,�,i e C:i m f.
L _7ns-fi4cncv

.fir.,• ROY COOPER
� cAn'arnnr
MICHAEL S. REGAN
' ,Serrvrrrrr
BRAXTON DAVIS
Lina:nn Unvxn,n nl'('avcRd
December 10, 2020
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchert(ZZNCDEN R.gov
SUBJECT: Dredge & Fill
Applicant: National Gypsum Company
Project Location: 838 Sunnyvale Drive, adjacent to the Cape Fear River in Wilmington, New Hanover
County
I
Proposed Project: Proposal to perform maintenance dredging within the existing berth footprint, which
was previously dredged through State Permit No. 102-94.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by January_4, 20213 If you have any questions
regarding the proposed project, contact Tara MacPherson at [phone] when appropriate, in-depth
comments with supporting data is requested. i
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
---------- -
�RINT NAME Wanda Hilliard
AGENCY State Prooertv Office
J
SIGNATURE UV eVl '
DATE January 6, 2021
Stateol'Nonh Carolina Environmental Quality I Coastal Management
127 Cardinal [hive Ext, Wilmington, NC 28405 919 796 7215

Weychert, Curtis R
From: Sams, Dan
Sent: Friday, January 15, 2021 3:35 PM
To: Weychert, Curtis R
Cc: Pietila, Tanya K
Subject: RE: CAMA Major Application: Kathy Rowlett & Mandy Norton
Projects that I haven't responded to:
Towana LLC: No comment
Dan Wall: No comment
P.L. and Frances White: No comment
National Gypsum Company: Erosion & Sediment Control application and approval are required for the dredge site if
not currently permitted and review under the Stormwater Program requirements.
Bill Clark Homes:
Erosion & Sediment Control and Stormwater Program applications and approvals are
required.
Ery Kehaya & Jam Properties, Inc.: Erosion & Sediment Control and Stormwater Program applications and approvals
are required.
Cameron Ward:
No comment
Philip Barker:
No comment
Dale Ardizzone:
No comment
Darby and Stertzer:
No comment
Town of Oak Island:
Land disturbing activity landward of the first line of stable vegetation and exceeding one acre
will require Erosion and Sediment Control application and approval and review under the Stormwater Program
requirements.
Christie and Roy Hawkins:
No comment
Ellis Tinsley:
No comment
Sunset House F81, LLC:
No comment
Ruegg family:
No comment
Rowlett & Norton:
No comment
Sorry that I keep getting behind.
dan.sams
From: Pietila, Tanya K
Sent: Friday, January 15, 2021 3:05 PM
To: Harding, Kimberlee k <[e-mail]>; Christenbury, Mike <[e-mail]>; DCR
- Environmental_ Review <[e-mail]>; Butler, Rodney A <Rodney. Butler@ ncdcr.gov>; Zeigler,
Mark D <[e-mail]>; Harris, David B <david [e-mail]>; Dunn, Maria T.
<[e-mail]>; Walton, Tim <[e-mail]>; Moser, Mike <[e-mail]>;
Hilliard, Wanda <[e-mail]>; Humphrey, Jeremy <[e-mail]>; Gupton, Sharon
<[e-mail]>; Hall, Christine <[e-mail]>; Sams, Dan <[e-mail]>; Cox,
Heidi <[e-mail]>; [e-mail]
Cc: Weychert, Curtis R <[e-mail]>; Elks, Katharine B <[e-mail]>; Cannon, Amanda J
<[e-mail]>
Subject: CAMA Major Application: Kathy Rowlett & Mandy Norton
Hello All!

NORTH CAROLINA
E.:mbonweniai Onalay
December 10, 2020
MEMORANDUM:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Direclor. Divigon rf loaslal
Management
Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevcherta7.NCDENR.aov
Dredge & Fill I
National Gypsum Company
838 Sunnyvale L)n.ve, adjacent to the Cape Fear River in Wilmington, New Hanover
County
Proposal to peftb maintenance dredging within the existing berth footprint, which
was previously dredged through State Permit No. 102-94.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by January 4, 2021. If you have any questions
regarding the proposed project, contact Tara MacPherson at [phone] when appropriate, in-depth
comments with supporting data is requested.
I
REPLY: _ This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
X This agency approives of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME Kimberlee Harding
AGENCY NCDMF
1� RECEIVED
SIGNATURE /�iY�1�2L�¢2 YY�+
I JAN 811011
I -
DATE 12/30/2020 MP SECTION
DCM - MHD CITY
State ofNonh Cmolin l I Enviromm,mal Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 9197967215

ROY COOPER
MICHAEL S. REGAN
t"e rtary
STEPHEN W.MURPHEY
Director
MEMORANDUM:
TO: Curt Weychert, DCM Assistant Major Permit Coordinator
FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist
SUBJECT: National Gypsum Company Maintenance Dredging
DATE: December 30, 2020
A North Carolina Division of Marine Fisheries (NCDMF) Fisheries Resource Specialist has reviewed
the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The
applicant proposes to perform maintenance dredging within the existing belth footprint, which
was previously dredged through State Permit No.102-94. Maintenance excavation is proposed in
an area measuring approximately 1000 ft wide by 130 ft. long within the existing berthing
footprint. Approximately 17,000 cubic yards of material would be excavated from the Cape Fear
River to a final depth of -38 ft. (-36 ft. plus 2 ft. overdredge) at MLW. The application states that
existing water depths in the project area are an average of -24 ft at MLW. The New Hanover County
and the City of Wilmington 2006 Land Use Plan classifies adjacent waters as Conservation, and the
adjacent high ground portion of the project area as Urban/Resource Protection. The waters of the
Cape Fear River are classified SC by the Division of Water Resources. They are designated as a
Primary Nursery Area (PNA) by the NCDMF.
PNAs are estuarine waters where initial post -larval development occurs. Species within this area
are early post -larval to juvenile and include finfish, crabs, and shrimp. Species inhabit PNAs because
they afford food, protection, and proper environmental conditions during vulnerable periods of
their life history, thus protection of these areas are imperative. Increased sedimentation raises
concern for shellfish and shellfish habitat by either the direct burial of oyster beds or reductions in
filtration efficiency, respiration rates, and/or reproduction and settlement. Larval oysters require a
clean hard bottom for attachment and sedimentation as little as 1 or 2 mm may inhibit settlement
Duration of sedimentation suspension and water quality degradation has been shown to result in
juvenile oyster mortality. Coastal wetlands are considered among the most productive ecosystems
in the world. Coastal wetlands are a productive detritus -based system that trap nutrients, toxins
and sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier
to flood damage, and provide nursery functions and support fish production.
For the above -mentioned reasons, the N.C. Division of Marine Fisheries would request that a
moratorium on in -water work, to include dredging, from 15 Febuary to 30 September is
recommended to reduce the negative effects on critical fish life history activities, to include
spawning migrations and nursery functions.
Contact Kimberlee Harding at [phone] or [e-mail] with further
questions or concerns. RECEIVED
-"Nothing Compares JAN :1102)
State of NorlhCarolina I Division of Marine Fisheries MP SEC"
3441 Arentleil Street I PO. Box 7nq Morehead Citt. North Carolina 28557
252-726 7021 DCM - MHD CITY

Received: 1 /14/2021
Historic Preservation Office
ER 21-0091
NORTH CAROLINA
Fnm onru,w& 01,ahr •
December 10, 2020
Due: 1 /21 /2021
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchert(aDNCDENR.00v
SUBJECT: Dredge & Fill
Applicant: National
Project Location: 838 Sunnyvale
County
Proposed Project: Proposal to pel
was previously
Company
ROY COOPER
cuvcrnor
MICHAEL S. REGAN
S'eerelnry
BRAXTON DAVIS
Dire Nor, D,wsiun ofC'w=1
Management
NC - SBA
1 /20/2021
adjacent to the Cape Fear River in Wilmington, New Hanover
maintenance dredging within the existing berth footprint, which
led through State Permit No. 102-94.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at thei address above by January 4, 2021. If you have any questions
regarding the proposed project, contact Tara MacPherson at [phone] when appropriate, in-depth
comments with supporting data is requestgd.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME Renee Gledhill -Earley
I
AGENCY Historic Preservation Office
SIGNATURE
DATE
1 /21 /2021
State of North Carolina m a I Environmental Quality I Coastal Manageent
127 Cardinal DOYC Fw.., Wilmington, NO 28405 919 796 7215
RECEIVED
JAN 211011
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DCM - MHD CITY

0
NORTH CAROLINA
Em-n-imnenr l(7nrWiry
December 10, 2020
MEMORANDUM:
ROY COOPER
Governor
MICHAEL S. REGAN
5'ecreiary
BRAXTON DAVIS
Director, Division ofComial
Management
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
SUBJECT:
Applicant:
Project Location:
Dredge & Fill
National
838 Sunnyvale
County
Company
adjacent to the Cape Fear River in Wilmington, New Hanover
Proposed Project: Proposal to perfo{m maintenance dredging within the existing berth footprint which
was previously d edged through State Permit No. 102-94.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at theladdress above by`January 4, 2021. If you have any questions
regarding the proposed project, contact Tara MacPherson at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY:
PRINT
AGENCY
SIGNATURE
DATE
This agency has rho objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
NC DMF - Shellfish Salnitation & Recreational Water Quality
for Shannon Jenkins
12/11/2020 1��ti4
State of North Carolina I Environmental Quality l Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215
lbo

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-1994-03672 County: New Hanover County U.S.G.S. Quad: Wilmington
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Meehan Zehringer
National Gypsum Company
Address:
2001 Rexford Road
Charlotte NC, 28211
Telephone Number:
Size (acres)
Nearest Waterway
Cape Fear River
USGS HUC
03030005
Location description:
North Carolina.
Description of project area and activity:
Nearest Town Wilmington
River Basin Cape Fear -
Coordinates - Latitude: 34.172621
Longitude:-77.946696
Applicable Law: ❑ Section 404 (Clean Water Act, 331 USC 1344)
M Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: 35
RECEIVED
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DCM - MMD CITY
SEE ATTACHED SPECIAL CONDITIONS AND NWP-35 GENERAL AND REGIONAL
CONDITIONS i
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and drawings dated May 26, 2020 and revised June 24, 2020, March 9, 2020 and
March 5, 2020. Any violation of the attached conditionslor deviation from your submitted plans may subject the permittee to a
stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional
general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide and/orregional general permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.

If there are any questions regarding this verification, .any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Gregory Currey at [phone] or at Greeorv.E.CurrevAusace.armv_.mil.
Corps Regulatory Official:
Expiration Date of Verification: March 18, 2022
A. Determination of Jurisdiction:
Date: February 5, 2021
1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to anyi work that could alter the hydrology of waters of the United States.
2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification. I
3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
4. E A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable) action, by contacting the Corps for further instruction.
5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference
the approved jurisdictional determination issued Action ID: SAW-
B. Basis For Jurisdictional Determination:
C. Remarks:
D. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
I
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin, Appeal Review Officer
RECEIVED
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Pho e: [phone]
FEB 0 5 2011
2
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DCM - MHD CITY

In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Gregory Currey
Date of JD: Expiration Date of JD:
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
Copies furnished by email:
Meghan Zehringer (National Gypsum Company)
Curt Weychert (NC DCM)
Tara Macpherson (NC DCM)
Robb Mairs (NC DWR)
RECEIVED
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Action ID Number: SAW-1994-03672
Permittee: Meehan Zehringer
National Gvosum Company
County: New Hanover County
Project Name: NATIONAL GYPSUM COMPANY
Date Verification Issued: February 5, 2021
Project Manager: Gregory Currey
Upon completion of the activity authorized
sign this certification and return it to the fc
MI ate\ 7OW11
Attn:
57
Please note that your permitted activity is sul
Engineers representative. Failure to comply
result in the Corps suspending, modifying or
administrative penalty, or initiating other ap
I hereby certify that the work authorized by
accordance with the terms and condition of i
accordance with the permit conditions.
Signature of Permittee
this permit and any mitigation required by the permit,
wing address:
)RPS OF ENGINEERS
GTON DISTRICT
ry Currey, Regulatory
rlington Avenue
North Carolina 28403
to a compliance inspection by a U. S. Army Corps of
any terms or conditions of this authorization may
king the authorization and/or issuing a Class I
riate legal action.
e above referenced permit has been completed in
said permit, and required mitigation was completed in
Date
RECEIVED
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SAW-1994-03672
SPECIAL CONDITIONS
1) All work authorized by this permit must be performed in strict compliance with the attached
plans, dated February 28, 2020, May 26, 2020 and Revised June 24, 2020, and October 1, 2020, which
are a part of this permit. The Permittee shall ensure that the construction design plans for this project do not
deviate from the permit plans attached to this authorization. Any modification to these plans must be approved
by the U.S. Army Corps of Engineers (USACE) prior to implementation.
2) Except as authorized by this permit or any gSACE-approved modification to this permit, no excavation,
dredging, filling, 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 wilthin waters or wetlands outside the permitted area. This
prohibition applies to all borrow and fill activities connected with this project.
3) Except as authorized by this permit or anyl USACE approved modification to this permit, no excavation,
dredging or fill 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.
4) The Permittee shall notify the USACE in writing prior to beginning the work authorized by this permit and
again upon completion of the work authorized by this permit. The contractors name, phone number, and
address, including a field contact name and number and dredging method must be provided to the USACE
prior to construction. This notification must provide a full and complete project event description, work time
frame, dredging dimensions and locations, and identified placement areas.
5) The proposed area to be dredged, method of
accordance with that authorized by this permit.
6) A post -dredge As -built survey shall be
length, and depth). This survey shall be s
and disposal of dredged material shall be in strict
J to our office depicting the dredging footprint (width,
within 30 days upon completion of the dredging activity.
7) All reports, documentation and correspondenc6 required by the conditions of this permit shall be submitted to
the following address: U.S. Army Corps of Engineers, Regulatory Division, Wilmington Regulatory Field
Office, 69 Darlington Avenue Wilmington, North, Carolina, 28403, and by telephone at: 910-251-4707 or 910-
523-1151. The Permittee shall reference the following permit number, SAW-1994-03672, on all submittals.
8) The Permittee shall comply with all U.S. Coast Guard regulations for dredging operations. The Permittee
shall contact Commander, Fifth Coast Guard District at 757-398-6220 or [e-mail] at least
30 days prior to construction to request a notice in the Local Notice to Mariners. The Permittee shall notify the
Corps when this coordination with the U.S. Coast Guard has been commenced.
9) 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 coq(rdrs and(gr
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agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this
permit, including all conditions and drawings shall be available at the project site during construction and
maintenance of this project. i
10) 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.
11) 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 inade against the United States on account of any such removal,
relocation, or alteration.
12) This permit does not authorize the interference with any existing or proposed Federal project, and the
Permittee will not be entitled to compensation fQr damage or injury to the authorized structure or work which
may be caused from existing or future operations undertaken by the United States in the public interest. No
attempt will be made by the Permittee to prevem the full and free use by the public of all navigable waters at or
adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free
navigation on all navigable waters of the United (States.
13) The North Carolina Division of 401 Water Quality (DWQ) certification and the North Carolina Division of
Coastal Management Permit, when issued, must incorporated as special conditions of this permit.
14) All mechanized equipment will be regularly nspected 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 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act
shall be followed.
15) The Permittee shall monitor any dredge pipeline utilized during construction activities, in order to check for
potential leaks, which may emanate from the pipeline couplings. All dredge activities will cease if leaks are
found. Operations may resume upon appropriate I pair of affected couplings, or other equipment.
16) A consent to cross the Corps of Engineers easement of the Federal Channel must be obtained prior to any
work occurring. Please provide Justin Arnette at Justin.R.Amette(@.usace.army.mil with a short narrative
describing the project and maps or drawings.
17)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 permit 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.
18) The activity must be conducted in such a manner as to prevent a significant increase in turbidity outside the
area of construction or construction -related dischaige. Increases such that the turbidity in the waterbody is 50
6 RECEIVED
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i
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.
19) This Corps permit does not authorize you to take an endangered species. In order to legally take a listed
species, you shall have separate authorization under the Endangered S ep cies Act ESA (e.g. an ESA Section 10
permit, or a BO under ESA Section 7, with "incidental take" provisions with which you shall comply). The
National Marine Fisheries Service (NMFS) March 26, 2020 South Atlantic Regional Biological Opinion (2020
Take". The 2020 SARBO is available at the following website: https://www.fisheries.noaa.gov/content/endangered-
species-act-section-7-biological-opinions-southeast .
Your authorization under this Corps permit is conditional upon your compliance with all the mandatory terms
and conditions associated with incidental take ol) the 2020 SARBO, which terms and conditions are
incorporated by reference in this permit. Failure) to comply with the terms and conditions associated with
incidental take of the 2020 SARBO, where a take of the listed species occurs, would constitute an unauthorized
take, and it would also constitute noncompliance with your Corps permit. The NMFS is the appropriate.
authority to determine compliance with the terms and conditions of its 2020 SARBO, and with the ESA.
20) National Marine Fisheries Service Protei
contains Project Design Criteria (PDCs) that
authorized project. All PDCs included in At
Failure to comply with all applicable project de:
constitute non-compliance with your USACE pf
suspension and revocation of this permit and mE
that this SARBO issued to the Corps serve as th
SARBO; however, where the terms and conditic
permit, the special conditions of this permit will
SARBO supersedes the 1997 SARBO, which w
Section 10.1, Table 53 of the 2020 SARBO for i
Resources Division's (NMFS PRD) March 26, 2020 SARBO
subject to the specific and general activities associated with the
ment (A) must be adhered to and implemented.
;n criteria and mandatory conservation measures would
mit. Failure to comply with this permit will be the basis for
be the basis for other enforcement action. NMFS has directed
formal consultation for all projects in the area covered by the
s of the SARBO differ from the special conditions of this
ake precedence as the more stringent condition. The 2020
previously used for this dredging project. Please reference
e updated Incidental Take Statement (ITS) allocations.
The permittee understands and agrees that, even where it is in full compliance with the terms and conditions of
the SARBO ITS and this permit, incidental take by the Permittee or other dredging operations within the area
covered by the SARBO may result in suspension or modification of this permit by the Corps. The amount of
incidental take that will trigger suspension, and the need for any such suspension, shall be determined at the
discretion of the Corps. The Permittee understands and agrees on behalf of itself, its agents, contractors, and
other representatives, no claim, legal action in equity or for damages, adjustment, or other entitlement against
the Corps shall arise as a result of such suspension or related action.
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21) In the event an incidental take of a manatee or sturgeon (shortnose and Atlantic) occurs during any
maintenance event, the Permittee shall stop all dredging operations and contact the Corps for consultation to
determine the appropriate action, including the�immediate implementation of additional protective measures.
The Permittee shall immediately notify the Willmington Regulatory Field Office, Attn: Project Manager. Mr.
action.
22) In order to protect the endangered West Indian manatee (Trichechus manatus) the Permittee shall
implement the U.S. Fish and Wildlife Service's; Manatee Guidelines, and strictly adhere to all requirements
therein. The guidelines can be found at httt)s://www.fws.gov/raleigh/adfs/manatee guidelines.ndf.
23) In order to protect the federally -listed short 'nose and Atlantic sturgeon, no in water work shall occur from
July 1 through September 30 in any year.
24) Violation of these permit conditions or violation of Section 404 of the Clean Water Act or Section 10 of the
Rivers and Harbors Act shall be reported to the Corps in writing and by telephone at: 910-251-4707 or 910-523-
1151 within 24 hours of the Permittee's discovery of the violation.
25) The Permittee must adhere to all dredge co ditions outlined in Attachment (B).
Disposal Island Conditions: i
26) All excavated materials will be confined landward of the mean high water (MHW)
elevation contour within adequate dikes or other, retaining structures to prevent spillover
of solids into any vegetated wetlands or surrounding waters.
A. The terminal end of the pipeline from IIthe dredge into the diked retention area
shall be positioned at least 50 feet from atty part of the dike and a maximum
distance from spillways to prevent dike erosion and to allow adequate settlement
of suspended solids.
B. A water control structure shall be installed at the intake end of the effluent
pipe leading from the retention area to ensure maximum settlement of
suspended solids.
C. Flow from the diked retention area shad be confined by pipe, trough, or similar
device to a point at or below the mean low water (MLW) elevation contour to
prevent gully erosion and siltation.
RECEIVED
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DocuSign Envelope ID: B4F7E9C7-0391-4339-94F4-2006B02C6566
10,
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
S. DANIEL SMITH
Director
National Gypsum Company
Attn: Meghan Zehringer
2001 Rexford Road
NORTH CAROLINA
Environmental Quality
January 26, 2020
Charlotte, NC 28211
Subject: APPROVAL OF 401 WATER QUALITY CERTIFI(
838 Sunnyvale Drive — Wilmington, NC 28412
Dear Ms. Zehringer:
RECEIVED
JAN 2 6 2021
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DCM - MHO CITY
DWR # 2020-1766
New Hanover County
WITH ADDITIONAL CONDITIONS
You have our approval for the impacts listed below for the purpose described in your application dated
September 11, 2020 and received by the Division of Water Resources (Division) November 17, 2020 with
subsequent information on December 10, 2020. These impacts are covered by the attached Water
Quality General Certification Number 4175 and the conditions listed below. This certification is
associated with the use of the General Permit Number 198000291 once it is issued to you by the U.S.
Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal
Management. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non -Discharge, and Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification and to the additional
conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
N/A
N/A
404/401 Wetlands
N/A
N/A
Coastal Wetlands
N/A
0.007 acres
Open Waters
3.0 acres
N/A
D_E North Carolina Department of Environmental Quality I Division of Water Resources
r Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
l.°��" ^"'r\ a 910.796.7215

Docu4n Envelope ID: 134F7E9C7-0391-4339-94F4-2006B02C6566
838 Sunnyvale Drive — Wilmington, NC 28412
D W R# 20201766
401 Certification
Page 2 of 4
This approval is for the purpose and designldescribed in your application. The plans and specifications
for this project are incorporated by reference as part of this Certification. If you change your project,
you must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of theliconditions of the attached Water Quality General
Certification or with the additional conditions itemized below, you must notify the Wilmington Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from ithe time the permittee became aware of the non-compliance
circumstances.
Additional Conditions:
1. All mechanized equipment operated near surface waters shall be inspected and maintained regularly
to prevent contamination of surface waters1from fuels, lubricants, hydraulic fluids, or other toxic
materials. Construction shall be staged in o�der to minimize the exposure of equipment to surface
waters to the maximum extent practicable. i Fueling, lubrication and general equipment maintenance
shall be performed in a manner to prevent, to the maximum extent practicable, contamination of
surface waters by fuels and oils. [15A NCAC,02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211(12)]
2. The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality Standards for
Class SC Waters;
(9) Metals:
(a) With the exception of mercury a�1d selenium, acute and chronic tidal salt water quality
standards for metals shall be based upon measurement of the dissolved fraction of the
metals. Mercury and selenium shall be based upon measurement of the total recoverable
metal;
(b) With the exception of mercury and selenium, acute and chronic tidal saltwater quality
aquatic life standards for metals listed in this Sub -Item shall apply as a function of the
pollutant's water effect ratio (WER). The WEIR shall be assigned a value equal to one unless
any person demonstrates to the Division in a permit proceeding that another value is
developed in accordance with the "Water Quality Standards Handbook: Second Edition"
published by the US Environmental Protection Agency (EPA-823-B-12-002). Alternative
site -specific standards may also be developed when any person submits values that
demonstrate to the Commission that they were derived in accordance with the "Water
Quality Standards Handbook: Second Edition, Recalculation Procedure or the Resident
Species Procedure."
(c) Acute and chronic tidal salt water quality metals standards shall be as follows: RECEIVED
(i) Arsenic, acute: WER• 69 ug/I;
(ii) Arsenic, chronic: WER• 36 ug/I;
JAN 2 6 2021
MP SECTION
DCM - MHD MY

DocuSfgn Envelope ID: B4F7E9C7-0391-4339-94F4-2006B02C6566
1
838 Sunnyvale Drive —Wilmington, NC 28412
DWR# 20201766
401 Certification
Page 3 of 4
(Ili) Cadmium, acute: WER• 40 ug/l;
(iv) Cadmium, chronic: WER• 8.8 ug/I;
(v) Chromium VI, acute: WER• 1100 ug/I;
(vi) Chromium VI, chronic: WER• 50 ug/I;
(vii) Copper, acute: WER• 4.8 ug/1;
(viii) Copper, chronic: WER• 3.1ug/I;
(ix) Lead, acute: WER• 210 ug/I;;
(x) Lead, chronic: WER• 8.1 ug/I;
(xi) Mercury, total recoverable,) chronic: 0.025 ug/I;
(xii) Nickel, acute: WER• 74 ug/I;
(xiii) Nickel, chronic: WER• 8.2 ug/I;
(xiv) Selenium, total recoverable, chronic: 71 ug/I;
(xv) Silver, acute: WER• 1.9 ug/l�
(xvi) Silver, chronic: WER• 0.1 ug/I;
(xvii) Zinc, acute: WER• 90 ug/I;land
(xviii) Zinc, chronic: WER• 81 ug/1;
(d) Compliance with acute instrearri metals standards shall only be evaluated using an average
of two or more samples collected withi one hour. Compliance with chronic instream
metals standards shall only be evaluate using averages of a minimum of four samples
taken on consecutive days, or as a 96-hour average;
(12) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5
except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions;
(19) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this
level due to natural background conditions, the existing turbidity level shall not be increased. [15A
NCAC 02B .0220 (9)(a-d)(12)(19)]
3. The permittee shall adhere specially to 15A NCAC 02B .0208 Standards for Toxic Substances and
Temperature for Arsenic: 10 micrograms/I (measured as Total Arsenic) [15A NCAC 02B .0208 (a)(2)(B)(ii)]
4. Samples shall be collected at daily time intervals of one hour after system start-up, midway of the
dredge process (6 hours) and one hour prior' to system shutdown assuming a 12-hour day. [15A NCAC
02H .0507(c)]
5. The Permittee shall maintain a record of
required sampling intervals. [15A NCAC 02
6. The effluent water from the dredge spoil
shellfish waters. The release of the effluent
shellfish water will cause a (temporary) clo!
and a violation of tidal salt water quality stE
(252.726.6827) and the Division of Water R
115A NCAC 02B .0221]
daily equipment calibration and sample results at the
iuld not (if at all practicable) be released into open
dredge spoil from a closed shellfish area into open
of that water which in turn is a degradation of waters
Irds for Class SA Waters. Shellfish Sanitation
urces (910.796.7215) must be notified if this is to occur.
RECEIVED
JAN 2.61011
MP SECTION
DCM - MHD CITY

I
Docq&gn Envelope ID: B4F7E9C7-0391-4339-94F4-2006B02C6566
838 Sunnyvale Drive — Wilmington, NC28412
DWR# 20201766
401 Certification
Page 4 of 4
7. Please understand that the waters around your project area have been identified by the Division of
Marine Fisheries as Primary Nursery Area (PNA). Should the need for dredging within the proposed
project area arise in the future, please be aware that new dredging within a PNA is not permitted under
15A NCAC 02B .0220 as it results in degradation of water quality standards and therefore is considered a
water quality violation. [15A NCAC 02B .0220]
8. If the USACE is requesting for a submission of an "As -built" survey, please provide a copy of the
survey(s) to the DWR within 30 days of completing the project. 115A NCAC 02H .0507(c)]
This approval and its conditions are final
Statutes by filing a Petition for a Col
Administrative Hearings (OAH) within
forth in Chapter 150E of the North
Administrative Code. Additional infol
forms may be accessed at htt : www
One (1) copy of the Petition must also be
Quality:
William F. Lane, General Counsel
Department of Environmental Qt
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Dig
02H .0500. Please contact Tyler Benson at
questions or concerns.
Enclosures: GC4175
cc: Curt Weychert,'DCM Morehead
Greg Currey, USACE Wilmington
Jennifer Waters, Consultant, EC
.DWR 401 & Buffer Permitting Br
WiRO
binding unless contested. [G.S. 143-215.51
i Case Hearing (Petition) with the North Carolina Office of
:60) calendar days. Requirements for filing a Petition are set
lina General Statutes and Title 26 of the North Carolina
n regarding requirements for filing a Petition and Petition
LM03L or by calling the OAH Clerk's Office at [phone].
to the North Carolina Department of Environmental
under section 401 of the Clean Water Act and 15A NCAC
or [e-mail] if you have any
Sincerely,
DocuSigned by.
CM sn" e"ncVo
Morelia Sanchez -King
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WiRO
Office, EC RECEIVED
ulatory Field Office, EC
file-LF
JAN 2 6 2021
NIP SECTION
DCM - MHO CITY

MEMORANDUM
To: Curt Weychurt
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, Wilmington
National Gypsum Co., Wilmington, New Hanover County
Date: February 12, 2021
This project isconsistent with the 2006 Wilmington -New Hanover County Joint
Land Use Plan Update.
The applicant proposes to perform maintenance dredging within the existing berth
footprint, which was previously dredged through State Permit No. 102-94. The project is
located at 838 Sunnyvale adjacent to the Cape Fear River in Wilmington, New Hanover
County.
Areas of Environmental Concern
Waters at the project site are class
shellfish. The area is a Primary N
I have reviewed this proposal for cc
County CAMA Land Use Plan and
The general area of the project is
In general, Wilmington -New Hano
Conservation/Urban classified AE(
standards. The Wilmington -New P
which exceed the State's minimum
applicable to this project.
s) impacted by the proposal are EW and PT.
as SC and are not open to the harvesting of
Area (no resource).
mcy with the 2006 Wilmington -New Hanover
the following comments.
as Conservation/Urban.
County allows development in
which is consistent with the State's minimum use
over County Land Use Plan contains some policies,
e standards, however none of these policies are
This project appears to be consistent with the 2006 Wilmington -New Hanover
County Joint Land Use Plan Update.
Cc: File

Permit Class,
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
V e r m t
for
Permit Number
18-21
RECEIVED
APR 2 6 NZI
DCM-MHD CITY
X Major Development in an Area of Environmental Concern
pursuant to NCGS 1 I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to National Gypsum Company, 2001 Rexford Road, Charlotte, NC 28211
Authorizing development in New Hanover County at adj. to the Cape Fear River, at 838
Sunnyvale Dr., in Wilmington , as requested in the permittee's application dated 9/11/20, including attached
workplan drawings (7), Sheets 1-7 of 7 all dated 11/23/20.
This permit, issued on February 11, 2021 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
,. ,,MbU rorus rrrny tic suodou ru rules, rrnprrsunment or ctvtt action; or may cause me permn ro oe nun ana voia.
Excavation
In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no
excavation or filling shall be permitted between February 15 and September 30 of any year without
the prior approval of the Division of Coastal Management, in consultation with appropriate resource
agencies.
2) No excavation shall take place outside of the area indicated on the workplan drawings.
3) Excavation shall not exceed -38 feet below mean low water (MLW). In no case shall the depth of
excavation exceed the depth of connecting waters.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2024
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
—� For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

National Gypsum Company Permit No. 18-21
Page 2 of 4
ADDITIONAL CONDITIONS
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawing.
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
National Response Center at [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed. '
7) In order to prevent leakage, dredge pipes shall be routinely inspected. If leakage is found and repairs
cannot be made immediately, pumping of material shall stop until such leaks are fixed.
Spoil Disposal
8) No spoil material shall be placed within 30 feet of the normal high water line.
9) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the
site is graded and stabilized.
10) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond
the normal low water level to prevent gully erosion and unnecessary siltation.
11) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike
and a maximum distance from spillways to allow settlement of suspended sediments.
12) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
13) The diked disposal area shall be constructed a sufficient distance from the normal high-water level or
any marsh and sufficiently maintained to eliminate the possibility of dike erosion or spoil deposition into
surrounding wetlands or waters.
14) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
15) If the alignment of the dredge pipe changes from the attached workplan drawings, the permittee and/or
his or her contractor shall meet with a representative of the Division prior to project initiation.

National Gypsum Company
ADDITIONAL CONDITIONS
Maintenance Clause
Permit No.18-21
Page 3 of 4
16) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a representative
of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
Stormwater Manaeement
17) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require
a Stormwater Management permit. The permittee shall receive a Stormwater Management permit from
DEMLR prior to the initiation of any construction. Submit this plan to the Division of Energy, Mineral
and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC
28405. Any violation of the permit approved by DEMLR shall be considered a violation of this CAMA
permit.
Sedimentation and Erosion Control
18) An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at
least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the
Division of Energy, Mineral and Land Resources, Land Quality Section, 127 Cardinal Drive Extension,
Wilmington, NC 28405.
19) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
20) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
21) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes.
USACE / Federal Conditions
22) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strict) e V 11 requirements therein.
The guidelines can be found at http://www.fws.gov/nc-es/mammalelines.pdf.
APR 26 20ZI
DCM-MHD CITY

National Gypsum Company
ADDITIONAL CONDITIONS
As -built Survey
Permit l4o. 18-21
Page 4 of 4
RECEIVED
APR 2 6 2021
23) An as -built survey shall be performed in the dredge footprint area, and copies yrRpy pie d to
the U.S. Army Corps of Engineers and Division of Coastal Management, withi ays o completion
of construction of these portions of the project.
General
24) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
25) All debris associated with the permitted dredging activity shall be contained within the authorized
project area and removed to an appropriate upland location.
26) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit No. 35
(Action ID SAW-1994-03672).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2020-1776.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water.
NOTE: An application processing fee of $475 was received by DCM for this project. This fee alsc
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

DCM Coordinator: Curt Weychert
County: N
Circle one: ioRhth
ermit for.Oversize P
WIRO E-MAIL DISTRIBUTION SHEET
Permit #: f)�V_
DCM Offices: y��
Morehead City: PT (if oversize) via Couriers iG1Vu§D✓ /N 465 /
'cc Curt & Amanda on group email w/ bio.narr.app.drawings, deed, cEmment sheet J
'MHC documents (Curt & Amanda)
Wilmington: Original hard -copy _z--
ONLY USACE & DWR (waro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: Carteret Cc): PN, CL, Reports, Split Sheet _
use both [e-mail] (NH/BR): PN, CL, Reports, Split Sheet_
Lx>mg Currey (NH/BR: PN, CL, Reports, Split Sheet
Div of Water Resources: obb Mairs - 401 �BR/NH): PN, CL, Reports, Split Sheet
��N/ON): PN, CL, Reports, Split Sheet_
Div of Water Resources: eri Montalvo to�Karen Higgins: PN, CL, Reports, Split Sheet_
Marine Fisheries:
ton ine epo + Kim I Ili
I �
DCM Planner/WiRO:
/like Christenbull
Cultural Resources:
FXenee Gledhill -Earley EnvironmentaLReview(d)ncdenr.aov_
Natural Heritage Prog.
Ptl Butler
DCA-Rural Eco. Dew
Aoerk ziegler _
NC DOT:
�aavid Harris _
Wildlife Resources:
Dunn w/Reports
State Property Office:
aiton: DEEDoser
kan&
Hilliard, Real Property Agent (Blo Reports only) _
Shellfish Sanitation:
tdt? my Humphrey (Bio) )
haron Gupton, Admin.
DEMLR:
1ChdsSne Hall - Stormwater Section
Sams - Land Quality Section
Public Water Supply. JOef Cox
City of Wilmington: Cathryn Thurston _ {�'
Enforcement: / Field Rep: iw�/ 9 vac/
_Co. LPO �/ ���� � V )/i) &
Agent:
DISTRIBUTED: O ��
Y�tavl�vv� G�)f
Updated 09m420 CANAVShaun majors does/e Agency List

ROY COOPER
Govenmr
MICHAEL S. REGAN
k�."l
BRAXTON DAVIS
Direelnr, Divisuni r%Coovlal
Mmmgernera
December 10, 2020
MEMORANDUM:
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchertCcDNCDENR. aov
SUBJECT: Dredge & Fill
Applicant: National Gypsum Company
Project Location: 838 Sunnyvale Drive, adjacent to the Cape Fear River in Wilmington, New Hanover
County
Proposed Project: Proposal to perform maintenance dredging within the existing berth footprint, which
was previously dredged through State Permit No. 102-94.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Weychert at the address above by January 4, 2021. If you have any questions
regarding the proposed project, contact Tara MacPherson at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT
AGENCY
SIGNATURE
DATE
State of Nonh Carolina I Environmental Quality I Coastal Management
127 Cardinal Dave Eat., Wilmington, NC 29405 919 796 7215

2.
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
MAJOR MODIFICATION REQUEST
APPLICANT'S NAME: National Gypsum,Company c/o Urban Engineers, Inc.
PROJECT NAME: National Gypsum Company Maintenance Dredging
LOCATION OF PROJECT SITE: 838 Sunnyvale Drive, adjacent to the Cape Fear River, in Wilmington, New
Hanover County. Spoil Site- Parcel 05900006 Brunswick County.
Project Area; Lat: 33010'25.10"N Long; 77057'26,WW
3. INVESTIGATION TYPE: D & F
Spoil Site: Let: 33010'24ATN Long: 77057'67.84"W
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 9/9/2020
5. PROCESSING PROCEDURE: Initial Received—10/27/2020
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Wilmington/New Hanover County
Land Classification From LUP - Urban
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Commercial
Applicant Present No
Application Complete 11/23/20
Office — Wilmington
(E) Wastewater Treatment: Existing - Municipal
Planned —N/A
(N) Type of Structures: Existing —.Commercial pier and berthing facility with conveyor
Planned — Maintenance dredging
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (Coastal Wetlands) .
(B) Non -Vegetated Wetlands
(Open water)
130,000 ft2
(C) Other (Highground) DisposalSite
—25 Acres
(D) Total Area. Disturbed: —28 acres
(E) Primary Nursery Area: Yes
(I) Water Classification: SC Open: N/A
8. PROJECT SUMMARY: The applicant proposes to perform maintenance dredging, within the existing berth
footprint, which was previously dredged through State Permit No. 102-94.

National Gypsum Company Maintenance Dredging
Page 2
9. PROJECT DESCRIPTION:
The project site is located at 838 Sunnyvale Drive adjacent to the Cape Fear River, Wilmington, in New Hanover
County. To locate the site from the Wilmington Regional Office (WiRO) take College Road (NC132) south for 3.3
miles and merge to the right onto Shipyard Boulevard. Travel on Shipyard Boulevard for 1.3 miles then turn left
onto Independence Drive, travel 1.7 miles and then take a right onto Carolina Beach Road. From Carolina Beach
Road travel 0.3 miles then take a left onto Sunnyvale Drive and the property of interest is located 1.3 miles down
on the right.
The National Gypsum Company is surrounded by mixed industrial and commercially developed properties.
Specifically, the site is bordered to the north by Kinder Morgan Terminals and Martin Marietta Materials. The
property is bordered to the south by Port Cape Fear Associates,LLC. The National Gypsum manufacturing facilities
are located on the east side of River Road (SR 1100) with a conveyor belt crossing the highway to the property on
the west side. The conveyor continues along a pier perpendicular to the shoreline extending 1,680' into the Cape
Fear River terminating at the shipping berth. The berth area consists of a 195' dock extending north from the pier
running parallel to the shoreline with a historically maintained 845' by 180' basin. Based on the field report for
expired State Permit No. 102-94 this facility was originally constructed in 1975, at which time the adjacent berth
was dredged to a depth of-35'MLW. Maintenance dredging occurred in the berth area again in 1987 to a depth of
-35 MLW. On August 30, 1994 State Permit No. 102-94 was issued to National Gypsum Company to dredge a
portion of the basin around the dock that bad shoaled measuring 530' by 60' to a depth of -35 MLW. This permit
was renewed twice, once on February 181, 1998 and again on April 211, 2003. A Minor Modification was issued
on November 17, 2003, authorizing an increase to dredging depth to -44 MLW. State Permit No. 102-94 expired
on December 31, 2007.
The application states that the project site is approximately 1.35 acres with approximately 1300' of shoreline
frontage. Tbe.tract is vegetated with high ground species, which this transitions to Phragmites sp., black needlerush
(Juncus roemerianus) and Smooth Cordgrass (Spartina alterntiora).
The New Hanover County and the City of Wibmington 2006 Land Use Plan classifies adjacent waters as
Conservation, and the adjacent high ground portion of the project area as Urban/Resource Protection. The waters
of the Cape Fear River are classified SC by the Division of Water Resources. They ARE designated as a Primary
Nursery Area by the N.C. Division of Marine Fisheries.
PROPOSED PROJECT:
The applicant proposes to perform maintenance dredging within the existing berth footprint, which was previously
dredged through State PermitNo. 102-94. Maintenance excavation is proposed in an area measuring approximately
1000 ft. wide by 130 ft. long within the existing berthing footprint (see Narrative). Approximately 17,000 cubic
yards of material would be excavated from the Cape. Fear River to a final depth of -38 ft. (-36 ft. plus 2 ft.
overdredge) at MLW. The application states that existing water depths in the project area are an average of -24 ft.
at MLW (see MP-2 and GA-2). Excavation would be conducted using a combination of both Hydraulic and
mechanical dredging. Hydraulic dredging would require a booster pump and pipeline to dispose of the dredged
material. The applicant has provided a temporary navigation plan (Attached) to address potential navigation
concerns that may occur during maintenance dredging. Excavated material would be contained at an existing
disposal site located in Brunswick County on Parcel 05900006, this site is across the Cape Fear River from the
project site (see GA-1 and GA-3). The proposed spoil site was inspected by DCM staff on September 9, 2020 to
identify wetland lines and high ground placement areas. A letter of permission is attached for use of approximately
25 acres at an existing private spoil disposal location (see Attachment in Section 18). A pipeline is proposed to cross
the Cape Fear River and the application states that equipment would cross to the spoil disposal location in areas
with the narrowest amount of wetlands utilizing wetland mats. According to the applicant any moratorium
conditions required would be adhered to and no material would be placed in any wetland areas (see Section 17 for
Avoidance and Mitigation Measures). The applicant is requesting a 10-year maintenance clause due to the necessity
to maintain this depth for operation.

National Gypsum Company Maintenance Dredging
Page 3
The application has attached a Wetland Delineation (see Section 9) and application submitted to the USACE on
September 11, 2020 (see Section 19). The application has also included historic permits (see Section 13), a
Biological Assessment and Essential Habitat Study (see Section 14) and Sediment Sampling (see Section 15).
10. ANTICIPATED IMPACTS:
The proposed dredging footprint would impact approximately 130,000 ft of Estuarine Waters and Pubic Trust Area
impacting shallow bottom area with both hydraulic and mechanical dredging. The maintenance dredging footprint
would result in the removal of approximately 17,000 cubic yards of material. The material would be placed on
approximately 25 acres of highground on an existing private spoil island across the river from the project site in
Brunswick County. Spoil disposal would occur outside of the 75 ft. AEC and any required wetland crossings would
be minimized with the use of timber crane mats.
Minor increases in turbidity should be expected during construction.
Submitted by: Tara MacPherson Date: 12/7/2020 Office: Wilmington

ROY COOPER NORTH CAROLINA
Connor EnvrronmenrnrQnarity
MICHAEL S. REGAN
Serremy
BRAXTON C. DAVIS December 7, 2020
DIMdOr
Urban Engineers, Inc. c/o Jennifer Waters
National Gypsum Wilmington
2001 Rexford Road
Charlotte, NC 28211
Dear Ms. Waters:
The Division of Coastal Management hereby.acknowledges receipt of your application, as acting agent for National
Gypsum Company, for State approval for development of the subject property located at 838 Sunnyvale Drive,
adjacent to the Cape Fear River in Wilmington, New Hanover County. It was received as complete, on November 25,
2020 and appears to be adequate for processing'atthis time. The projected deadline for making adecision is
February 8, 2021. An additional 75-day review period is provided by law when such time is necessary to complete
the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the
review period extended. Under those circumstances, this letter will serve as your notice of an extended review.
However, an additional letter will be provided on or about the 75th:day.
If this agency does not render a permit decision'within 70 days from.November 25, 2020, you may request a meeting
with the Director of the Division of Coastal Management and permit staff to discuss the status of your project Such a
meeting will be held within five working days from the receipt of your written request and shall include the property
owner, developer, and project designerlconsullant
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a 'Notice of PermitFilinga postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along road right -of --way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and' If additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field, report and/or comments from ievlewing agencies.
Sincerely,
f
Tara MacPherson
Field Representative
cc: Curt Weychert, DCM
USACE
Linda Painter, LP0
k Co
Robb Mairs, DWR
Kathryn.Thurston, City Wilmington
National Gypsum Company, Applicant
ConnieMadowe, Brunswlc
,DQ2p'
North State OfNorth Carelma l EnvimmearW Quality l coastdmrragemam ,emenf
Wall 127Off&%a1D1ve EA.,WOmlagtQANC2W5 !84e5
910-79r-7215

LAMA PERMIT
APPLIED FOR
Iicant. proposes to perform 'maintenance
31innyvaln Dr adjaGnnt tG the Cape Char R:ver :r.
Wilmington, New Hanover County.
COMMENTS ACCEPTED THROUGH Jary4. 2021
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
National Gypsum Company
2001 Rexford Road Nu Div. of Coastalanagemen
---
charlotte, 127 Cardinalr. Ext.
Agent: Urban Engineers. Inc. i ming on,
Jennifer Waters ara Maernerson
1215) 922-8081 ext. 1292

NCu
L""
ROY COOPER
Cwvemar
MICHAEL S. REGAN
Semwn
BRAXTON DAVIS
0~.'.. Divixiw a/('"Ial "aw(. w'V
December 10, 2020
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice:
a National Gypsum Company / New Hanover County
Hello Angie: Please publish the attached Notice in the Monday, December 14, 2020 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the
attention of Jarimy Springer, (Customer No.70100342).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
qTcerely,
y Pi its
fling Support & Customer Assistance
cc: MHC file
Curt Weychert - WiRO
USACE
State of North Carolw I Environncntal Quality I CaasW Managanenl
127 Cardinal Drive Ext., Wilrniogtan, NC 28405 919 796 7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following application was submitted for a development permit in an Area of Environmental
Concern as designated under the CAMA: On December 7, 2020, National Gypsum Company proposed to
perform maintenance dredging within the existing berth footprint, previously dredged through State
Permit No. 102-94 at 838 Sunnyvale Dr., adjacent the Cape Fear River, Wilmington in New Hanover
County. A copy of the application can be examined or copied at the office of Tara MacPherson, N.C.
Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington,
NC 28405, (910-796-7266) during normal
Comments mailed to Braxton C. Davis,
Avenue, Morehead City, NC 28557-3421, pric
decision. Later comments will be accepted
modification may occur based on review and c
of the permit decision in these matters will be
hours.
Division of Coastal Management, 400 Commerce
January 4, 2021 will be considered in making the permit
considered up to the time of permit decision. Project
the public and state and federal agencies. Notice
upon written request.

NC Division of Coastal Management
Major Permit Application Computer Sheet
I venmt Authorization: ❑ CAMA ❑Dredge &Fill Both
SITE DESCRIPTIONIPERMIT INFORMATION
�r
Taken:
waiver
SAV: ❑Yes No ❑Not Sure
Shell Bottom: ❑Yes ❑No N
Sure
Sandbags: ❑Yes o ❑Not Sure
Did the land use classification come
from county LO Yes ❑No
Moratorium Conditions:
Yes
Environ ntal Assessment Done:
❑Yes
❑No ❑NA
q Wo ❑NA
Shellfish Area Designation:-
Open
Project Description: (code)
^
-or- Closed 1A1�
SECONDARY WATER CLASSIFICATION
- OPTIONAL (choose MAX of4)
❑ Future Water Supply (FWS)
Nutrient Sensitive Waters (NSW)
❑ High Quality Waters (HQW)
❑ outstanding Resource Waters (ORVA
WETLANDS IMPACTED
❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.)
wetlands)
Li tus) Salt or spike grass (Distil
spicata)
❑ (JR) Black needlerush (Juncos
APPLICATION FEE
❑ No fee required - $0,00
❑ Minor Modification to a CAMA Major
permit - $100
❑ Perrmt Transfer- $1o0
❑ Major development extension request
$100
❑ I. Private no dredge and/or fill - $250
AEC:
Ca gn4,K
Fee:
$ g 1L�
CDAITc
❑Yes
FT.
Area:
Swamp
>h cordgrass (Spartina I ❑ (SY) Salt reed grass (S11
gnosuroides)
or three square (Scirpus ❑ CM Cattail (Typha sp.)
low grass (Sparuna
patens)
! ❑ III(A) Pnvate w/ D&F up to 1 acre; 3490
can be applied - $250
Major Modification to a CAMA Major
permit - $250
III(B) Public or commercial w/ D&F to 1
acre; 4144 can be applied - $400
❑ II. Public or commercial/no dredge
and/or fill - $400
❑ III(C) Pry public or Comm w /DU to 1
acre; 4144 can be applied; DCM needs
DWQ agreement - $400
sp.
tu) r-nv. public or comm w/ D&F to 1
4144 can't be applied - $400
Any development involving O&F of
than 1 acre - $475

Applicant, :�� ` v 1 v�� '""y' 1
Date �\
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name Number
Choose
Choose
Dimension t
Dimension 2
Dimension 3
Dimension 4
One
One
\
New Work ❑
Repla
IV\
"
Maint
❑ Y N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y 1114
New Work
Replace
Maint ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet
TOTAL Sq. Ft
FINAL Sc. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One includes any
anticipated
Excludes any
restoration
total includes
any anticipated
Excludes any
restoration and/or
restoration or
and/or temp
restoration or
temp impact
tam iim acts
im act amount)
temp impacts)
amount
Dredge Fill ❑ Both ❑ Other ❑
t ILA
t
Dredge Fill Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919.733-2293 :: t•888-41RICOAST :: www,nccoastalmanagement.net revised: 02,26,15

Date Date
Received I Deposited
12/10/2020
Check From I Name of Vendor Check
Permit Holder Number
Gypsum I same Bank of 914527
America
Check Permit
amount Number/Comments
major fee, 838 Sunnyvale Drive,
Wilmington, NH Split 60/40
Rd. #
Tmac rct.
11615

Major Permit Fee Schedule
Nr ng6ul
Project Name: O � t �County.
O 4� 1jYI"-evCheck No & Amount:
W
011�;a�X
-
-
-A
,V ..
Development Type
Fee
DCM %
(14300160143510009316256253)
DWQ
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
excavation of any wetlands or open water
areas:
$250
100% ($250)
0% ($0)
II. Public or commercial development that
does not involve the filling or excavation
f any wetlands or open water areas:
$400
100% ($400)
0% ($0)
III. For development that involves the
filing and/or excavation of up to 1 acre of
wetlands and/or open water areas,
determine if A,B, C, or D below applies.
III(A). Private, non-commercial
development, if General Water Quality
Certification No. 4144 (See attached) can
be applied:
$250
100% ($250)
0% ($0)
Ill(B). Public or commercial development,
General Water Quality Certification No.
144 (See attached) can be applied:
$400
100% ($400)
0% ($0)
III(C). If General Water Quality
Certification No. 4144 (see attached)
could be applied, but DCM staff
determined that additional review and
ritten DWQ concurrence is needed
because of concems related to water
uality or aquatic life:
$400
60% ($240)
40% ($160)
III(D). If General Water Quality
Certification No. 4144 (am attached)
cannot be applied:
$400
60% ($240)
40% ($160)
IV. Development that involves the fiacm
and/or excavation of more than onef wetlands and/or open water area$475
60% ($285)
40% ($190)
r

DCM Coordinator: Curt Weychert
Circle one: ioRnt4
ermit for:
Oversize P
WIRO E-MAIL DISTRIBUTION SHEET
County:
N�
Permit #: fyo
DCM Offices:
Morehead City: PT (if oversize) via Courier nll Y IV
/v 11''/^,r,y /
"CC Curt & Amanda on group email w/ bio.narr.app.drawings, deed, cbms ent sheet J
'MHC documents (Curt & Amanda)
Wilmington: Original hard -copy —
ONLY USACE & DWR (mro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: Carteret Coy PN, CL, Reports, Split Sheet
use both1,1�bb
[e-mail] (NH/BR): PN, CL, Reports, Split Sheet
Currey (NH/BR: PN, CL, Reports, Split Sheet _
Div of Water Resources: Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet
bholkw ids.-�Q44PN/ON). PN, CL, Reports, Split Sheet _
Div of Water Resources: VSfieri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries: ton ine epo + Kim tlrding
DCM Planner/WiRO:V14ike Christenbury
Cultural Resources: Ftnee Gledhill -Earley Environmental Reviewa()ncdenraov_
Natural Heritage Prog. ,JKdney Butler
DCA-Rural Eco. Dev:Ma(rk Ziegler
NC DOT: veavid Harris
Wildlife Resources: pf is Dunn w/Reports
State Property Office: im alton: DEED
e Moser
_
kanda Hilliard, Real Property Agent (Bio Reports only)
Shellfish Sanitation: id�femy Humphrey (Bio) /
haron Gupton, Admin.
DEMLR: -Chnstine Hall - Stormwater Section
Sams - Land Quality Section
Public Water Supply: t!,Pe Cox _
City of Wilmington: Aathryn Thurstonrs�to�'
Enforcement: Field Rep: vw aC/
Co. LPO ,/ GAVI�LV �li (�v,�„e ItitaYl�v2 (�✓
Agent:
DISTRIBUTED: l i7
Updated 09/04/20 CAMA/Shaun majors docs/e'Agency List

Docu:ign Envelope ID: B4F7E9C7-0391-4339-94F4-2006BO2C6566
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
National Gypsum Company
Attn: Meghan Zehringer
2001 Rexford Road
Charlotte, NC 28211
NORTH CAROLINA
Envlranraenfaf Quaury
January 26, 2020
DWR # 2020-1766
New Hanover County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
838 Sunnyvale Drive — Wilmington, NC 28412
Dear Ms. Zehringer:
You have our approval for the impacts listed below for the purpose described in your application dated
September 11, 2020 and received by the Division of Water Resources (Division) November 17, 2020 with
subsequent information on December 10, 2020. These impacts are covered by the attached Water
Quality General Certification Number 4175 and the conditions listed below. This certification is
associated with the use of the General Permit Number 198000291 once it is issued to you by the U.S.
Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal
Management. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non -Discharge, and Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification and to the additional
conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
N/A
N/A
404/401 Wetlands
N/A
N/A
Coastal Wetlands
N/A
0.007 acres
Open Waters
3.0 acres
N/A
RECEIVED
JAN 2 8 2021
North Carolina Department of Environmental Quality I Division of Water ResourcesMIR SECTION
W Innington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North CarogWos M HD CITY
910.796.7215