47-87 Minor Mod 2023 NC State Ports Authority

STATE
do
ROY COOPER
Governor V ^�
ELIZABETH S.BISER `
Secretary
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality
May 24, 2023
MEMORANDUM:
To: Gregg Bodnar
From: Curt Weyche
RE: Modification of State Permit#47-87,NC State Ports Authority, Port of
Wilmington
Please find enclosed a request from Todd Walton from NC State Ports Authority(NCSPA)to
modify the CAMA Permit issued for NC State Ports Authority, Port of Wilmington(POW),New
Hanover County. The original permit was issued on 7/30/87 and is set to expire on December 31,
2027. This modification proposal for moratorium relief of water injection dredging(WID) is a
requirement of condition No.2 of a Major Modification to permit 47-87 which was issued
through CRC Variance on 5/6/2019. This WID relief request would displace approximately
30,000 cubic yards of silt material in an area of approximately 200,000 square feet in the eastern
part of the Turning Basin. The current depths along the eastern area of the Turning Basin range
from -36 to -41' at NLW and are being dredged to the authorized depth of-42+2'. The NCSPA
POW is proposing to begin work as soon as a relief modification is authorized. THE POW is
seeking a 3-week moratorium relief period in order to account for any mechanical or weather
conditions which may delay operations.
This area of the Cape Fear River is considered by the Division of Marine Fisheries to be a
Primary Nursery Area(PNA)and is closed to the removal of shellfish. The proposed WID area
within the authorized dredge footprint also falls within the USACE Federal Channel Anchorage
Basin. Coastal Wetlands are adjacent to the dredge footprint,however,the entirety of the
footprint falls within the previously authorized Turning Basin Expansion footprint which was
authorized by CRC Variance in 2019. No submerged aquatic vegetation(SAV)is located in the
area. The proposal is consistent with the specific guidelines found in 15A NCAC 07J.0407. The
Division is awaiting a check in the amount of$100.00 but due to time constraints,it is
recommended to circulate this relief request while the payment is being processed. I
recommend the relief request modification be authorized as proposed, contingent all
original conditions apply and resource agencies agree to the proposed moratorium relief
request.
E CIFIV ED
MAY 2 4 2023
DCM-MHIC GITY
D �� North Carolina Department of Environmental Quality I Division of Coastal Management
j;�� .EQ Morehead City Office 1 400 Commerce Avenue I Morehead City,North Carolina 28557
/� 252.515.5400

ROY COOPER _
Governor
ELIZABETH S.BISER
Secretary `$`QUAM^°`v
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality
05/24/23
MEMORANDUM.
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16-33)
[e-mail]
SUBJECT: CAMA Modification Review
Applicant: NCSPA Port of Wilmington
Project Location: 1 Shipyard Blvd. Wilmington, New Hanover County-, Adjacent to Cape Fear River
Proposed Project: Moratorium Relief Request for Water Injection Dredging
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 06101123, If you have any questions regarding the proposed
project, contact Yvonne Carver at 252-515-5400. 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 NAME
AGENCY
SIGNATURE
DATE
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street,Suite 300 1 Elizabeth City,North Carolina 27909
won ui.n;,ouru �
D ^^ t^��•�n ^��r� �ZOO 252.264.3901

�d„ STAT>•,x
ROY COOPER , 'r
Governor \ X
ELIZABETH S.BISER \\ a
Secretary
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality
May 24, 2023
MEMORANDUM:
To: Gregg Bodnar
From: Curt Weyche
RE: Modification of State Permit#47-87,NC State Ports Authority, Port of
Wilmington
Please find enclosed a request from Todd Walton from NC State Ports Authority (NCSPA)to
modify the CAMA Permit issued for NC State Ports Authority, Port of Wilmington (POW),New
Hanover County. The original permit was issued on 7/30/87 and is set to expire on December 31,
2027. This modification proposal for moratorium relief of water injection dredging(WID) is a
requirement of condition No.2 of a Major Modification to permit 47-87 which was issued
through CRC Variance on 5/6/2019. This WID relief request would displace approximately
30,000 cubic yards of silt material in an area of approximately 200,000 square feet in the eastern
part of the Turning Basin. The current depths along the eastern area of the Turning Basin range
from -36 to-41' at NLW and are being dredged to the authorized depth of-42+2'. The NCSPA
POW is proposing to begin work as soon as a relief modification is authorized. THE POW is
seeking a 3-week moratorium relief period in order to account for any mechanical or weather
conditions which may delay operations.
This area of the Cape Fear River is considered by the Division of Marine Fisheries to be a
Primary Nursery Area(PNA)and is closed to the removal of shellfish. The proposed WID area
within the authorized dredge footprint also falls within the USACE Federal Channel Anchorage
Basin. Coastal Wetlands are adjacent to the dredge footprint, however,the entirety of the
footprint falls within the previously authorized Turning Basin Expansion footprint which was
authorized by CRC Variance in 2019. No submerged aquatic vegetation(SAV) is located in the
area. The proposal is consistent with the specific guidelines found in 15A NCAC 07J .0407.
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City,North Carolina 28557
u wrt aai,t;x,tM„.u.,� /�✓ 252.515.5400

NORTH
CAROLINA
PORTS
May 24, 2023
Curtis Weychert MAY 2 4 2023
DCM Assistant Major Permit Coordinator �.MH�
North Carolina Division of Coastal Management CRY
400 Commerce Avenue
Morehead City,NC 28557
Subject: North Carolina State Ports Authority
Port of Wilmington
Permit Modification Request- Water Injection Dredging
Permit Number 47-87
Dear Mr. Weychert:
The North Carolina State Ports Authority (NCSPA), Port of Wilmington
requests a permit modification that will grant moratorium relief to perform water
injection dredging in the turning basin at the Port of Wilmington.
Currently,the authorized 42' turning basin area has shoaled in with depths
ranging from 36' to 41'. The area that needs to be maintained is—200,000ft2
and contains—30,000yd3 of material. Dredging will take place using the
NCSPA water injection dredge(WID)that was permitted for use in 2018. The
work will take less than 1 week to complete but due to unknown weather, vessel
traffic, and potential mechanical issues the NCSPA would like to request a 3-
week window to compete the work. All conditions that are listed in the
associated WID permits will be adhered to. The work would begin as soon as
authorization is granted.
There are no additional modifications or additions associated with this permit
modification request. Please find enclosed the$100.00 administrative processing
fee. If any additional information is required, please contact me at (910)746-
6460 or todd.walton(iDncports.com. Thank you for your assistance with this
matter.
Sincerely,
Todd C Walton
Senior Environmental Analyst
North Carolina State Ports Authority
1.
;� 2202 Burnett Blvd,Wilmington, 840 80 4 1 ..

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ANGHORA�E BA:
Ca�ralA I6Iry►er!
MAY 2 4 2023 j
i

Relief Request Questions
Project Name:Turning Basin- Port of Wilmington
Date:5/23/23
Name of dredging company:NCSPA
Provide an address/Lat.Lon. with an aerial image 1 Shipyard Blvd
Describe the project:
o Footprint area (estimated ft')+/-200,000
o Dredge Volume (estimated yards') -30,000
o Current Depth 36-41'
o Proposed final depth after dredging -42+2
Has Work started already?NO
o When did the work start?
o Cause of delay?
How long is needed to complete the work? I week, but requesting 3 weeks due to weather,
mechanical issues, vessel traffic,etc. (Will be done in conjunction with berths 1-9 WID request)
What is the method of dredging? WID
What is the sediment type? Silt
Any history of dredge relief on this or former permits?yes
Can a turbidity curtain be used in the area? No
***All moratoria relief requests are a one-time occurrence, and each project will be evaluated
individually
RECEIVED
MAY 2 4 2023
DCM-MHC CITY

Pg.50 of SARRO
2.5.3.1.2 Water Injection Dredging
Water Injection dredging(WID)is a method that is similar to a bed-leveling system
in that it drags a bar behind a barge.For this method,high volumes of low
pressure water(approximately 2-2.5 ft per second)are pumped through a series
of nozzles on a wide horizontal jetbar directly into the bottom sediments.This
disrupts the internal friction and cohesive properties of the sediment to create a
fluid mud layer that remains close to the bottom and is washed away by the
outgoing tide until settling out further downstream.Unlike other dredging
methods,gravity and water currents maintain the fluid mud created by WID
within the bottom portion(usually within the bottom 2 meters[nil)orthe river
and clues not create turbidity in the middle and upper layers.The turbidity plume
narrows as it moves downstream due to the gravitational force of the river as
shown in Figure 15 below.Water is pumped from higher in the water column and
the intake is screened to minimize entrainment,Like bed-leveling,WID is designed
to move thin layers of sediment out of the project footprint
RECEIVE®
MAY B 4 20B
DCM-MHD CITY

f 70-300 m Irom Me whet Yortlpn dredpr
-�;+. �''r + Srdlmrnt Plume w4lrt:to-Mm
SeNmem plume gelpd:1 6 m
r y 0.TOtn hem 11owsletWImlenbedder
I i f 5edlnent pYrn Wah:lam
Sediywe p5eme hoW: 6 m
I// 1
r +
Fii;urr 15. Spatial e-4tenI of the density current in the Gironde estuxrn (Gingru 2012)
2.5.3.2 Agitation Drvdging Covered Under this Opinion For tine purposes of
this Opinion,
Agitation dredging is limited to the list of activities provided below that toIIow all
relevant PDCs in this Opinion.
e Bed-leveling and water injection dredging used as a form of maintenance
dredging in areas covered under this Opinion and within the previously authorized
or permitted dredge footprint to the analyzed dredged template,as described in
Section 2.5.3 of this Opinion.
e Bed-leveling and water-injection dredging used as a form of maintenance
dredging in areas that have undergone an individual Section 7 consultation and
require a repeat dredging event to return the area to the analyzed dredge
template.
1)14.522
e Maintenance dredging areas other than navigation channels: Maintenance
dredging of an area to the previously authorized dredge template,as further
specified below.Maintenance dredging in areas other than navigation channels
may include:
o Maintenance dredging ports and berths along maintained navigation channels
including those not owned and operated by a Port Authority.
PgS23
DREDGE.3 IW1D1 Agitation dredging covered under this Opinion includes bed-
leveling and water injection dredging used as a form of maintenance dredging as
described in 2.53 of the 2020 SARBO.
MAY 2 4 2023
aGM-IUH CITY

Weychert, Curtis R
From: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hai [e-mail]>
Sent: Thursday, June 15, 2023 11:17 AM
To: Weychert, Curtis R; Snider, Holley; Currey, Gregory E CIV USARMY CESAD (USA); Dunn,
Maria T.; Harding, Kimberlee k
Cc: Bodnar, Gregg
Subject: [External] RE: NCSPA POW Dredging moratorium relief requests
Attachments: SAW-1986-00493 GP 291 2022 Reauthorization ILM PORT (002).pdf
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Good Morning,
After further coordination with the USACE Navigation Branch and the NMFS HCD,the Corps has no objection to the
applicant's request for a one time moratoria relief to conduct Water Injection Dredging within Berths 1-9 and the
Turning Basin, as described in their May 23, 2024 and May 24, 2024 requests. Work shall be conducted on falling tides.
Additionally, USACE Navigation and USACE Regulatory Branches request the Port notify our offices prior to commencing
work and directly after work is completed.
SAW-1986-00493. All other special conditions of the attached 2022 Reauthorization remain in effect.
Please let me know if you have any questions.
Liz
From:Weychert, Curtis R<[e-mail]>
Sent:Wednesday, May 31, 2023 10:25 AM
To:Snider, Holley<[e-mail]>; Hair, Sarah E CIV USARMY CESAW(USA)
<[e-mail]>; Currey, Gregory E CIV USARMY CESAD (USA)<[e-mail]>;
Dunn, Maria T. <[e-mail]>; Harding, Kimberlee k<[e-mail]>
Cc: Bodnar, Gregg<[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] NCSPA POW Dredging moratorium relief requests
Hello all,
I wanted to reach out with the two separate moratorium relief requests. One is an informal (traditional) request for
moratorium relief regarding WID in the areas of berths 1-9. DMF and WRC have already provided comments to
minimize impacts by limiting dredging to a falling tide period. The other proposal is for the same WID in the area of the
Turning Basin. This request is coming in the form of a Minor Mod on the active Major Permit 47-87. This modification
request is required through the permit conditions of the Turning Basin Expansion permit issued through a CRC variance
in 2019.
The information for both projects is attached.
The Port is looking to begin work immediately so that the maintenance dredging can happen as quickly as possible. We
would request comments or requests for additional information by the end of close of business tomorrow,June 1,
2023 so that we can provide the NCSPA with a determination by the end of the week.
Thank you for your assistance and please don't hesitate to reach out with any questions.
Curt
Curtis Weychert
DCM Assistant Major Permit Coordinator

North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-515-5413
Curt.Weychert(Wdeq.nc.pov
Find a Field Rep (arcgis.com)
0- 0
0
Mprmwe ANnipmsW WYiry�
400 Commerce Avenue
Morehead City, NC 28557
hftp://Portal.ncdenr.org/web/cm/dcm-home
E-mail correspondence to and from thus address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.
2

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id.SAW-1986-00493 County:New Hanover U.S.G.S.Quad:NC-Wilmineton
GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION
Permittee: North Carolina State Ports Authority
Brian Clark
Address: 2202 Burnett Boulevard
Wilmington,NC 28401
Telephone Number: 800-334-0682
E-mail: n/a
Size(acres) n/a Nearest Town Wilmington
Nearest Waterway Cape Fear River River Basin Cape Fear
USGS HUC 03030005 Coordinates Latitude:34.196318
Longitude:-77.948138
Location description:The project site is located within waters of the Cape Fear River,located adjacent to the North Carolina
State Port of Wilmington at 1 Shipyard Boulevard in Wilmington,New Hanover County,North Carolina.
Description of projects area and activity:This verification authorizes the maintenance dredging of the Port of Wilmington
berthing areas The project area encompasses the entirety of the Port of Wilmington Turnine Basin and Berths 1-9.
Maintenance dredging methodoloeies were modified in 2018 to include Water Infection dredgine(jet scour/agitation dredging)
to maintain authorized shippine berth depths at-42+2 ft.
*A ONE TIME RELIEF from moratoria dates for dredging activity associated with Water Infection Methodology, EFH
Special Condition#21,is applicable ONLY this year(2022).
Applicable Law(s): M Section 404(Clean Water Act,33 USC 1344)
M Section 10(Rivers and Harbors Act,33 USC 403)
Authorization: RGP291 REAUTHORIZATION
SEE ATTACHED NWP GENERAL, REGIONAL,AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions,your re-authorization request signed and dated 12/14/2021. Any violation of the attached conditions or 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.*Refer to authorized plans and CAMA MAJOR Permit No.47-87.
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/or regional 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(910)796 f=r=IVED
'JUN 15 2023
CCM-MHD CITY

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 Liz Hair at 910-251-4049or sarah.e.hairCa,usace.army.mil.
Corps Regulatory Official: r' � Date:6/29/2022
Expiration Date of Verification 2/31/2026
RECEIVED
JUN 15 2023
DCM-M Hb Cny

Enclosures:
RGP 291
Special Conditions
Manatee Guidelines
Plans(provided June 2017).
Copy furnished:
NC SPA,Todd Walton
NC DCM,Gregg Bodnar/Jonathan Howell
NC DWR,Paul Wojoski
NOAA-NMFS-HCD,Dr.Pace Wilber
USACE-Navigation Branch,Jeremy Smith/Todd Horton
US FWS-Pete Benjamin/John Ellis
US EPA,Todd Bowers
RECEIVED
JUN 15 2023
DCM-MHL C"Y

Action ID Number: SAW-1986-00493 County: New Hanover
Permittee: North Carolina State Ports Authority,Brian Clark
Project Name: Port of Wilmington Maintenance Dredeine/Water Injection 1)redJ4inJ!
Date Verification Issued: 6/29/2022
Project Manager: Liz Hair
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Liz Hair
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending,modifying or revoking the authorization and/or issuing a Class I
administrative penalty,or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit,and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date
RECEIVED
JUN 15 2023
Dom-mblb Gov

SAW-1986-00493
SPECIAL CONDTIONS
SAW-1986-00493
Port of Wilmington Maintenance Dredging/Water Injection Dredging
June 29, 2022 Reauthorization
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be
approved by the U.S. Army Corps of Engineers, Wilmington District (USACE) prior to
implementation.
2. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land-clearing activities shall take place at any
time in the construction or maintenance of this project, within waters or wetlands. This
permit does not authorize temporary placement or double handling of excavated or fill
material within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.
3. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other
toxic materials. In the event of a spill of petroleum products or any other hazardous
waste, the permittee shall immediately report it to the N.C. Division of Water Quality at
[phone], Ext. 526 or [phone] and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act will be followed.
4. If the permittee discovers any previously unknown historic or archeological
remains while accomplishing the authorized work, he will immediately notify USACE
who will initiate the required coordination procedures.
5. The permittee shall require its contractors and/or agents to comply with the terms
and conditions of this permit in the construction and maintenance of this project, and
shall provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this permit. A copy of this permit, including all
conditions, shall be available at the project site during construction and maintenance of
this project.
6. The permittee, upon receipt of a notice of revocation of this permit or upon tIVED
expiration before completion of the work will, without expense to the United State
JUN 15 2023
DCM-MHI) CrW

SAW-1986-00493
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.
7. Violations of these conditions or violations of Section 404 of the Clean Water Act
or Section 10 of the Rivers and Harbors Act must be reported in writing to USACE
within 24 hours of the permittee's discovery of the violation.
Navigation Conditions
8. The authorized activity must not interfere with the public's right to free navigation
on all navigable waters of the United States. No attempt will be made by the permittee
to prevent the full and free use by the public of all navigable waters at or adjacent to the
authorized work for reason other than safety.
9. The permittee shall assign a permanent maintenance dredging point of contact
(POC) for the authorized berth facility (i.e., Berth POC) and shall submit the name,
phone number, mailing address, and email address of the Berth POC to USACE within
30 days of the date of permit issuance. The permittee shall notify USACE of any change
in the Berth POC. USACE Navigation and Regulatory POCs are listed below. The
preferred method of information exchange, dredging request, report submissions, etc.,
is electronic.
U.S. Army Corps of Engineers
Operations Division, Navigation Branch
Attention: Chief of Navigation
69 Darlington Avenue
Wilmington, North Carolina 28403 [phone]
Jeremiah.L.Smith(a-)usace.army.mil(a-)usace.army.mil
U.S. Army Corps of Engineers
Regulatory Division,
Attention: Liz Hair _�RCMVED
JUN 15 2023
DCRA-MHb Cffy

SAW-1986-00493
69 Darlington Avenue
Wilmington, North Carolina 28403 [phone]
sarah.e.hair(a�usace.arrny.mil
10. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source
Data Unit N CS261 , 1315 E West HWY- RM 7316, Silver Spring, MD 20910-3282 at
least two weeks prior to beginning work and upon completion of work.
11. The permittee is only authorized to use agitation dredging in the identified
berth/slip for the removal of accumulated sediments to maintain the facility at its
authorized depth by dragging an I-beam or other similar device for the purpose of re-
suspending accumulated sediment.
12. At least 7 days in advance of a planned maintenance dredging event, the
permittee shall provide the Navigation POC with copies of the before dredging
surveys/maps of the berth/slip and adjacent Federal channel(s) in order to obtain Corps
approval. The permittee will be informed whether the proposed dredging can be
conducted as scheduled and that proposed dredging events may be subject to
postponement or modification. The permittee shall be responsible for resolving
scheduling conflicts.
13. The following harbor conditions will be considered by the Navigation POC when
scheduling a dredging event, and may result in event postponement and/or
modification:
a. An approved or ongoing dredging event is within 3000' upstream or downstream
of a berth where an agitation dredging event is proposed.
b. Agitation dredging in any berth that is located within 2000' upstream or
downstream of a shoal in the Federal channel.
C. Ongoing or scheduled dredging in the Federal channel within 5000' upstream or
downstream of a berth where an agitation dredging event is proposed.
1909AMD I
,hN 15 2023
m_mHo CITY

SAW-1986-00493
14. The permittee shall perform required hydrographic surveys in accordance with
criteria and procedures contained in the "US Army Corps of Engineers Hydrographic
Surveying Manual," EM 1110-2-1003. Required hydrographic surveys shall be provided
to Navigation POC as plan views and shall include the shoreline and berthing facilities,
stationed to match the USACE conducted surveys.
15. The permittee shall conduct a hydrographic survey of the berth/slip no more than
15 days before and no more than 7 days after each maintenance dredging event. An
event includes all maintenance dredging work performed during one or more ebb tides,
in the accomplishment of one maintenance dredging cycle. In instances where a post
dredging survey is not performed within 7 days of completing the dredging event, the
permittee shall calculate the volume of material dredged by using the pre-event survey
and the authorized berth depth (i.e., USACE will assume that the berth was dredged to
it authorized depth). At least 24 hours prior to conducting the before and after dredging
hydrographic surveys, the permittee will notify the Navigation POC of the scheduled
survey, in the event USACE would also like to run a comparable survey at the same
time.
16. The permittee shall also conduct a hydrographic survey of the Federal channel
before and after every agitation event of a slip. Channel surveys shall be performed no
more than 15 days before and within 7 days of completing the dredging event. Surveys
are required of the Federal channel for a distance of approximately 2000' downstream
and 1000' upstream of the point where dredging occurred. The permittee is required to
survey the entire width of the Federal channel.
17. Reporting. Within 20 days of the completion of an approved dredging event, the
permittee shall submit the following minimum information to the USACE Regulatory and
Navigation POC:
a. Berth location and authorized depth
b. Dredging begin and end date(s) and time(s)
C. Calculated volume of material removed from berthing facility/slip(s)
d. Copies of both pre and post dredging hydrographic survey sounding data (XYZ)
and map of the berth/slip(s) in DWG, DGN or PDF format.
e. Copies of both pre and post dredging hydrographic survey sounding data (XYZ)
and map of the adjacent Federal channel(s) in DWG, DGN, or PDF format.
JUN 15 2023
Dem-i R- CCTV

SAW-1986-00493
18. To obtain approval from the Navigation POC to conduct a maintenance dredging
event, the permittee must be in compliance with all permit conditions including the
reporting requirements listed in Special Condition 17. Failure by the permittee to
maintain accurate maintenance dredging documentation, and to submit accurate and
timely dredging information will result in disapproval by the Navigation POC of a request
to conduct a maintenance dredging event. If the permittee is found to be non-compliant
with reporting requirements, the Navigation POC will not grant approval for a requested
maintenance dredging until after the permittee has posted delinquent reporting
requirements and is found to be compliant with all permit conditions.
19. As determined by the District Engineer, any accumulated sediment in the federal
channel caused by the agitation dredging activities shall be removed by the permittee if
the accumulated sediments are determined to interfere with navigation.
EFH Conditions
20. Agitation dredging shall not be allowed within a berth when agitation dredging is
concurrently ongoing within another berth that is less than 5,000 feet away.
21 . All requests for agitation dredging outside the period October 1 to January 31
shall be coordinated with NMFS and shall include an explanation as to why the dredging
could not be conducted within the sturgeon and anadromous fish work windows
(October 1 to January 31), and shall provide additional measures that will be taken to
ensure impacts to fishery resources are minimal.
22. All proposed activities will only occur on falling tides to maximize rapid flushing of
the fluidized sediment.
ESA Conditions
23. All in-water work must be conducted outside the Atlantic and Shortnose sturgeon
moratoria dates from February 1 to July 30.
JUN 15 2023
DOM-M 1TV

SAW-1986-00493
24. In order to further protect the endangered West Indian Manatee, Trichechus
manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee
Guidelines, and strictly adhere to all requirements therein. The guidelines can be found
at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf.
JUN 15 2023
DOM-fi a- cay

d HATE
ROY COOPER
Governor V
ELIZABETH S.BISER t
Secretary *@
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality
05/24/23
MEMORANDUM.
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16-33)
Cu [e-mail]
SUBJECT: CAMA Modification Review
Applicant: NCSPA Port of Wilmington
Project Location: 1 Shipyard Blvd. Wilmington, New Hanover County; Adjacent to Cape Fear River
Proposed Project: Moratorium Relief Request for Water Injection Dredging
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 06101123. If you have any questions regarding the proposed
project, contact Yvonne Carver at 252-515-5400. 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 NAME Kimberlee Harding
AGENCY �NiCDMF
SIGNATURE
DATE 06/09/2024
*All dredging should occur on an outgoing tide RECEIVED
JUN _ 9 2023
Dom-mhu Gay
DQ� North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1 401 South Griffin Street,Suite 300 1 Elizabeth City,North Carolina 27909
TH M �
252.264.3901

Weychert, Curtis R
From: Harding, Kimberlee k
Sent: Tuesday, May 23, 2023 2:20 PM
To: Weychert, Curtis R; Hair, Sarah E SAW; Snider, Holley; Dunn, Maria T.
Cc: Bodnar, Gregg; MacPherson, Tara;Todd Walton
Subject: RE: Port of Wilmington - Water injection dredging moratorium relief request
The NCDMF does not object to a one-time moratorium relief to NCSPA Port of Wilmington for 3 weeks.The Division
recommends dredging to occur on the ebb tide.
Thank you.
Kim Harding
Kimkerlee Harting
Habitat and E nhancementjection
NC }Division of Marine risheries
kim�er�ee.�ar�[e-mail]
910.796.7+75 (Office)
From: Weychert, Curtis R<[e-mail]>
Sent:Tuesday, May 23, 2023 11:21 AM
To: Hair, Sarah E SAW<[e-mail]>; Snider, Holley<[e-mail]>; Harding, Kimberlee k
<[e-mail]>; Dunn, Maria T. <[e-mail]>
Cc: Bodnar, Gregg<[e-mail]>; MacPherson,Tara <[e-mail]>;Todd Walton
<[e-mail]>
Subject: Port of Wilmington -Water injection dredging moratorium relief request
Importance: High
Hello all,
The NCSPA Port of Wilmington (POW) is seeking moratorium relief for the purpose of performing water injection
dredging along berths 1-9. The associated information on site conditions, methodology, and dredge area and volume
can be found on the attached documentation.
If you can please provide me with your agency comments by Friday,June 2, 2023, 1 will coordinate with the POW. If
your agency has any additional questions or requests for information, please reach out to me as soon as possible and I
will work with the POW to provide any information.
Thank you,
Curt Weychert
Curtis Weychert
DCM Assistant Major Permit Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-515-5413
Curt.Weychert(@ncdenr.gov

Find a Field Rep (arcgis.com)
10' 0
03
NUPiHC�IN
o.00unnn a Beau. I w.i;I%e�
400 Commerce Avenue
Morehead City, NC 28557
http://portal.ncden/portal.ncden r.org/web/cm/dcm-home/web/cm/dcm-home
E-mail correspondence to and from thus address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.
2

R - �
ROY COOPER m
.y RYy�
Governor 4 -
ELIZABETH S.BISER ^�«
_ l
.Secretory
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality
05/24/23
MEMORANDUM.
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ- Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16-33)
Curt.Weycher•[e-mail]
SUBJECT: CAMA Modification Review
Applicant: NCSPA Port of Wilmington
Project Location: 1 Shipyard Blvd. Wilmington, New Hanover County,- Adjacent to Cape Fear River
Proposed Project: Moratorium Relief Request for Water Injection Dredging
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 06101123. If you have any questions regarding the proposed
project, contact Yvonne Carver at 252-515-5400. 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.
o This agency approves of the project only if the recommended changes
are incorporated. See . �-lrnv
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME 14C 1r1 1 It L.*:%A n
AGENCY NC.«•�Si' L
SIGNATURE
DATE S- Z
LRECENEU
IYGDM r -tom n�urwwuz-c
pCM.MNr� cITY •
rc.S"4,ae$ g �►vyc.4
D_4 North Carolina Department of Environmental Quality i Division of Coastal Management C--rhA rk4ICC /
Elizabeth City Office 1401 South Griffin Street,Suite 300 1 Elizabeth City.North Carolina 27909 Q
ffi
0.0. / 252.2b<t.3901

Weychert, Curtis R
From: Snider, Holley
Sent: Tuesday, June 13, 2023 12:01 PM
To: Weychert, Curtis R; 'Currey, Gregory E CIV USARMY CELRP (USA)'; Hair, Sarah E SAW
Cc: Bodnar, Gregg;Todd Walton
Subject: RE: CAMA Minor Mod Request 47-87
Attachments: 20160517 Ver 2-Approval Letter_20220130.pdf; 20181585 Ver 2-Approval Letter_
20200325.pdf
Good afternoon All,
The NC DWR 401 Buffer Permitting Section does not object to an one-time moratorium relief for NCSPA. In accordance
with the approval letters, the DWR supports the recommendations of the resources agencies (NCDMF, NC WRC)
regarding dredging within the moratorium. My apologies for the delay. Please feel free to call or email me if you have
any questions.
Sincerely,
Holley Snider. '-' .,><((((�>•'-'•.....><((((2>.•'-
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
Phone: [phone]
*please note my email address has changed [e-mail]*
Q Q d :i a� �owum
127 Cardinal Drive Ext.
Wilmington, NC 28405
From:Weychert, Curtis R <[e-mail]>
Sent: Monday,June 12, 2023 7:11 AM
To:Snider, Holley<[e-mail]>; 'Currey, Gregory E CIV USARMY CELRP (USA)'
<[e-mail]>; Hair, Sarah E SAW<[e-mail]>
Cc: Bodnar, Gregg<[e-mail]>
Subject:CAMA Minor Mod Request 47-87
Importance: High
Happy Monday everyone!
I was just touching base on this moratorium relief request. The NCSPA POW is really trying to begin dredge work as soon
as possible and has vessels incoming which need a greater clearance within the turning basin area as well as Berths 1-
9. Please provide me with comments or a timeline of when your agency may come to a permit decision.
Thank you,
Curt Weychert
Curtis Weychert
DCM Assistant Major Permit Coordinator
North Carolina Division of Coastal Management
1

r
North Carolina Department of Environmental Quality
252-515-5413
Curt.Weychert(@cleg.nc.gov
Find a Field Rep (arcgis.com)
h
01
N RT 1I LLINAD E Q��
400 Commerce Avenue
Morehead City, NC 28557
http://Portal.ncdenr.org/web/cm/dcm-home
E-mail correspondence to and from thus address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From:Weychert, Curtis R
Sent:Wednesday, May 24, 2023 3:39 PM
To: Hair, Sarah E SAW<[e-mail]>; Snider, Holley<[e-mail]>; Harding, Kimberlee k
<[e-mail]>; Dunn, Maria T. <[e-mail]'>
Cc: Bodnar, Gregg<[e-mail]>
Subject: CAMA Minor Mod Request 47-87
Importance: High
Hello All!
Please see attached Minor Modification request from NCSPA Port of Wilmington #47-87.
Please note that this moratorium relief request will happen concurrently with the moratorium
relief request sent out yesterday regarding Berths 1-9. This relief request is being processed as a
minor modification due to the requirement of the 2019 Major Modification permit conditions
requiring all moratorium relief related to the Turning Basin area follow a modification procedure.
NOTE: Please complete the bottom portion of the comment sheet with your information and signature.
*RETURN TO CURT WEYCHERT at curt.weychert(a ncdenr.gov
For questions or concerns, please contact Curt Weychert at Curt.Weychertgdeq.nc.gov or(252) 515-5413
Thank you!
Curtis Weychert
DCM Assistant Major Permit Coordinator -
2

North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-515-5413
Curt.Wevchert(@deg.nc.gov
Find a Field Rep (arc ice)
kr
{ti P�C
Z rr .
riaarn cnruu D�Q�/��
opwe..wr umwW aub V
400 Commerce Avenue
Morehead City, NC 28557
htti):Hportal.ncdenr.org/web/cm/dcm-home
E-mail correspondence to and from thus address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.
3

DocuSign Envelope ID:68FF9404-0715-4A2A-858D-DABE84535EA6 u
�qa SLATE u
ROY COOPER
Governor r�
MICHAEL S.REGAN _ "*
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
March 24, 2020
DW R# 2018-1585 V2
New Hanover County
NC State Ports Authority
Attn: Mr. Paul Cozza
2202 Burnett Blvd.
Wilmington, NC 28401
Subject: Port of Wilmington Turning Basin Expansion — Mitigation
APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Dear Mr. Cozza:
You have our approval, in accordance with the attached conditions and those listed below to
impact approximately 1.78 acres of wetland area in order to re-establish native salt marsh species
and to impact approximately 30 linear feet of intermittent stream for stabilization purposes, as
described in your CAMA Major Development Permit application, which was received by the
Division of Water Resources (Division)on March 11, 2020, sequential information received March
19, 2020. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number 4134 (GC 4134).
This Certification allows you to use the Nationwide Permit No. 27 when issued by the US Army
Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal
Management. In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge, Water Supply Watershed, and stormwater regulations.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval requires you to follow the conditions listed in the attached certification and any
additional conditions listed on the following pages.
The Additional Conditions of the Certification are:
1. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the 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.
2. The applicant shall require his contractors (and/or agents) to comply with all of the
terms of this Certification, and shall provide each of its contractors (and/or agents) a copy
of this Certification.
AEt✓EIVED
JUN 13 2023
D Q
.,- North Carolina Department of Environmental Quality I Division of Water Resources
'�/� Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington.North COU"Hu CITY
N(il l<N H).INA
e� 1-ft! r 910.796.7215

DocuSign Envelope ID:68FF9404-0715-4A2A-858D-DAB E84535EA6
3. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the Certification
for a specific project shall remain in effect for the life of the project, regardless of the expiration of
this Certification.
4. The applicant/permitee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State
and Federal law. If the Division determines that such standards or laws are not being me:,
including failure to sustain a designated or achieved use, or that State or Federal law is being
violated, or that further conditions are necessary to assure compliance, than the Division may
reevaluate and modify this General Water Quality Certification.
5. All mechanized equipment operated near surface waters shall be inspected and
maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic
fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure
of equipment to surface waters to the maximum extent practicable. 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)]
6. The permittee shall report to the Wilmington Regional Office at [phone] (after
hours and on weekends call 800-858-0368) any noncompliance with this certification, any
violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours
(or the next business day if a weekend or holiday) from the time the applicant became aware of
the circumstances. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its causes; the period of noncompliance, including exact
dates and times, if the noncompliance has not been corrected, the anticipated time compliance
is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance. The Division may waive the written submission
requirement on a case-by-case basis.
7. The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality
for Class SC Waters (3)(g) 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; (1) 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]
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules,and any subsequent modifications,the applicant and/or authorized agent is required
to return the enclosed certificate of completion form to the NCDENR DWR 401 and Buffers Unit
North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within
ten days of project completion (the certification of completion is also available at:
https://edocs.deg.nc.ggya-orms/Certificate-of-Completion).
C�:IVED
JUN 13 2023
CITY

DocuSign Envelope ID:68FF9404-0715-4A2A-858D-DABE84535EA6
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A
petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00
am and 5:00 pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)business
days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS,
FedEx, etc.):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Robb Mairs in the DWR Wilmington
Regional Office at 910.796.7303 or Robb.Mai rs(o')ncdenr.gov.
Sincerely, DocuSigned by:
S
E434
7DC .
Morella Sanchez-King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosures: GC 4134
RECEAW
yy pp��4JUN 13 2023
1..7ow4"WP— CA 9 Y

'DocuSign Envelope ID:68FF9404-0715-4A2A-858D-DABE84535EA6
cc: Gregg Bodnar, DCM Morehead City Office, EC
Liz Hair, USACE Wilmington Regulatory Field Office, EC
Todd Walton, North Carolina State Ports Authority, EC
Paul Wojoski, Division of Water Resources, EC
DWR 401 & Buffer Permitting Branch file-LF
WiRO
JUN 1$ 2023
DCM-MHb CITY

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO. 4134
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• NATIONWIDE PERMIT NUMBER 13 (BANK STABILIZATION),
• NATIONWIDE PERMIT NUMBER 27 (AQUATIC HABITAT RESTORATION,
ESTABLISHMENT AND ENHANCEMENT ACTIVITIES), AND
• REGIONAL GENERAL PERMIT 197800080(BULKHEADS AND RIP-RAP)
Water Quality Certification Number 4134 is issued in conformity with the requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in 33 CFR 330 Appendix A (B) (13 and
27) of the US Army Corps of Engineers regulations and Regional General Permit 197800080.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 305 and 307 of the Public Laws 92-500 and 95-
217 if conducted in accordance with the conditions hereinafter set forth.
Effective date: December 1, 2017
Signed this day: December 1, 2017
By
for Linda Culpepper
Interim Director
REO1-=IVED
JUN 13 2023
D(;M_MHL� CITY