172-05 Minor Mod. 10/2009 VOPAK Terminal Wilmington Inc.

Permit"Class Permit Number a
NIODIFICATION/NIINOR 172-05 }
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and 2
Coastal Resources Commission
.r
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118 Y
X Excavation and/or filling pursuant to NCGS 113-229
Issued to VOPAK Terminal Wilmington Inc., 3340 River Road,Wilmington,NC 28412
r
Authorizing development in New Hanover County at adj. to the Cape Fear River, at 3340 River
Road, in Wilmington. NC , as requested in the permittee's letter dated 8/19/09. including the
attached workWan drawings (3) all dated received 9/17/09
This permit, issued on October 9,2009 , 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.
1) Unless specifically altered herein, this minor modification authorizes the installation of a walkway and
floating dock, all as expressly and specifically set forth in the attached work plan drawings. No other
additional structures, whether floating or stationary, shall become a permanent part of this docking
facility without permit modification. No non-water dependent uses of structures shall be conducted on, in
or over public trust waters without permit modification.
2) No attempt shall 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.
3) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
(See attached sheet for additional conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall be accessible on-site to Department
personnel when the project is inspected for compliance.
James H. regson, Director
Any maintenance work or project modification not covered
hereunder requires further Division approval. D1v1S10n Of Coastal Management
All work shall cease when the permit expires on This permit and its conditions are hereby accepted.
December 31,2016
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee

} VOPAK Terminal Wilmington Inc., Permit#172-05
Page 2 of 2
Additional Conditions
}
4) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
6) This minor modification shall be attached to the original of Permit No. 172-05, which was issued on
12/8/05,renewed on 10/13/08, modified and transferred to the permittee on 7/15/09, and copies of all
documents shall be readily available on site when Division personnel inspect the project for compliance.
7) All conditions and stipulations of the active permit remain in force under this minor modification unless
specifically altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
Y NOTE: The expiration date of this permit has been extended in accordance with Session Law 2009-406.

,&4
NCDENR
North Carolina Department of Environment and (Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director Secretary
October 9, 2009
VOPAK Terminal Wilmington, Inc.
3340 River Road
Wilmington NC 28412
Dear Sir or Madam:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff-colored
form) and the Xerox stamped"Copy". Return the copy to this office in the enclosed envelope. Signing the permit and
proceeding means you have waived your right of appeal described below. Please retain the original (buff-colored
form),as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or
113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty (20) days
of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried
out in accordance with your application. Modifications, time extensions, and future maintenance require additional
approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are
having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements.
From time to time,Department personnel will visit the project site. However, if questions arise concerning permit
conditions,environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance.
By working in accordance with the permit, you will be helping to protect our vitally important coastal resources.
Sincerely,
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Ave.,Morehead City,NC 28557 One
Phone:[phone]\FAX:[phone] Internet:www.nccoastalmanagement.net NorthCarofina
An Equal Opportunity 1 Affirmative Action Employer ;Vaturallty

MAILING DISTIR`1I3uTION SEE ET
Per tee: Vqa0 —
Agents:
DCM Field Offices
Elizabeth City (yvi`lh rzvisad vvorit Milan drawl nas"
Morehead City
W ,111
ilmingtonr.�
US ACOE Offices:
Washington: Raleigh Bland
Tracey Wheeler
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wilmington: Dave Tim
py->
Cultural Resources: Renee Gledhill-Early
Public Water Supply: Debra Benoy(WIRO)
Joey White (WARD)
Marine Fisheries: Anne Deaton
NC DOT: Ken Pace
Shellfish Sanitation: Patti Fowler
State Property: June Michaux
Water Quality: Cyndi Karoly(Raleigh)
John Hennessy (NC DOT)
Washington: Vivian Christy
Al Hodge
Kyle Barnes
Wilmington: CSteenhui_s—_401
Kelly Johnson- Stormwater
Wildlife Resources: Maria Dunn(WARD)
Molly Ellwood (WIRO)
LPO:
Fax Distribution: Permitee#:
Agent#:

5 0PAINE c TAYLOR BROTHERS MARINE
moo °tis� CONSTRUCTION COMPANY,INC.
135 Oak Road
o 0 Beaufort,NC 28516
r 0` 252-728-2525/C910-520-1697
a 2
B MARINE CIVIL V
F MECHANICAL
2�2 ART.WILM�
'2g 2525.9a�02 19 August 2009
Eagle Island,LTD.
2902 River Road
Wilmington,NC 28412
To Whom It May Concern:
Taylor Bros. Marine Construction,Inc. has been contracted to replace two ship
mooring dolphins at the VOPAK Terminal Wilmington NC. State of North Carolina
Department of Environmental and Natural Resources and Coastal Resources Commission
Permit Number 172-05 has been issued for this work.
We are requesting a minor modification to this permit to allow us to install a
small walk way and floating dock next to the customer's small boat ramp at the foot of
their pier. See the enclosed drawings describing the project(five sheets). Please
complete the enclosed Division of Coastal Management Adjacent Riparian Property
Owner Statement and return to me. Of note,this work is significantly remote to the
riparian lines and will not require a waiver for the 15' setback(see drawings).
Thank for your time and assistance.
ViTaylor.,III
Cc: Division of Coastal Management, Wilmington,NC t'
RECEI�/E
SET 0 9 2009
DGIUI WILMINGTON, NC

• FTRANSFER
lass Permit Number
172-05
CATION/NUNOR STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
ikrmtt COPY
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
Issued to VOPAK Terminal Wilmington Inc.,3340 River Road,Wilmington,NC 28412
Authorizing development in New T-Ianover County at arlj to the Cape Fear River, at 3340 River Road, in
Wilmington, NC, as requested in the permittee's application dated 1/21/05(MP-1& MP-2) inc the atc work ip an drw sg (6)
did. 1/6/05(SKI-SK4), 10/26/05(Plate 1-1&2-1)&COE app.wetlands map sign.did.9/21/05,and 1 dated May 2009
This permit, issued on July 15, 2009 , 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 protect juvenile fish and shrimp populations, no excavation or filling may take place
between April 1 and September 30 of any year without prior approval from the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
2) Excavation shall not exceed -41 feet below the elevation of normal low water (NLW). In no case
shall the depth of excavation exceed the depth of connecting waters.
(See attached sheets for Additional Conditions)
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department Jame regson,Director
personnel when the project is inspected for compliance.
Division f Coa tal Management
Any maintenance work or project modification not covered
hereunder requires further Division approval. This permit and its c nditions ar hereby ac epted.
All work must cease when the permit expires on /
December 31,2013
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal E ilMee
Management Program.
SEP 0 3 2009
D0M WILMINGTON MC

'4+.1i.-04WWrA0b}YbOK.d{•40•}i•(•ti•4-0•QBY.•Y>`-0+fiC�i+xM4YC:K.P34K�'•1.. .e^+a<4=•:4T/�+.••'�+C•i�i^i++:O•:n'.:.+yq•p.•..'�}ca'04•�oat�.r.•ThiM?`h N`
VOPAK Terminal Wilmington Inc- Permit#172-05
Page 2 of 4
ADDITIONAL CONDITIONS
3) No excavation shall take place at any time outside of the area indicated on the attached workplan
drawings.
Spoil Disposal
COPY
4) All excavated materials shall be confined landward of the Normal High Water(NHW) elevation contour
within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated
wetlands or surrounding waters.
5) The terminal end of the pipeline from the dredge area into the diked retention area shall be positioned at
or greater than 50 feet from any part of the dike and a maximum distance from spillways to prevent dike
erosion and to allow adequate settlement of suspended solids.
6) A water control structure shall be installed at the intake end of the effluent pipe leading from the
retention area in order to ensure maximum settlement of suspended solids.
7) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond
the Normal Low Water(NLW) level to prevent gully erosion and unnecessary siltation.
Maintenance Clause
8) The Division of Coastal Management shall be notified in writing at least two (2)weeks in advance of
any maintenance work authorized by this permit, and that notification 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(s)with cross-hatching indicating the area to be
maintained and the area to be used for dredge spoil, and the estimated amount of material to be
removed;
D. The date of plan revision and the permittee's signature shown anew on the original plan.
Endangered Species Protection
9) The federally endangered West Indian manatee(Trichechus manatus),has been reported in North
Carolina waters. In order to protect the manatee, all work should be done between November 1 and
May 31. If work must be done outside of this time frame, the permittee shall adhere to enclosed
guidelines,entitled"Precautions for General Construction in Areas Which May Be Used by the West
Indian Manatee in North Carolina".
RECEIVE
SEP 0 3 2009
DCM UVli.Al1INGTON, NC

.tl,'.0.(4:Y5+¢O.4bC+'CKd4PdC4p0�!hM�bddddfip9K-0.i5.'/4i.C�XwrA6g0.0�'nY/04P•�A[Q[t��Y}ps-u0da�.S.0.04fY .[Zb.D•YJSY+!yyy'Mn'-0t?GNY.gJgP?iYr'1,WCOA-0�pCMQ4Gi4!.C� .�ypy
VOPAK Terminal Wilmington Inc. Permit#172-05
Page 3 of 4
ADDITIONAL CONDITIONS El COPY
General
10) The permittee understands and agrees that, if future operations by the United States require the removal,
relocation, or other alterations, 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 Corps of Engineers, to remove,relocate,or alter the structural work or obstructions
caused thereby, without expense to the United States or the State of north Carolina. No claim shall be
made against the United States or the State of North Carolina on account of any such removal or
alteration.
11) No vegetated wetlands shall be excavated and/or filled.
11) The temporary placement, or double handling of excavated or fill materials within waters or vegetated
wetlands, is not authorized.
12) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
13) No attempt shall be made by the permittee to prevent the fill 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.
14) The Division of Water Quality's approval of this project is covered under Water Quality
Certification#3400,DWQ Project#05-2010, which was approved on November 29, 2005.
15) The permittee shall comply with the attached list of United States Coast Guard Regulations.
16) Unless specifically altered herein, this minor modification authorizes the reconstruction/relocation of the
four concrete capped dolphins all as expressly and specifically set forth in the attached work plan
drawings dated May 2009. No other additional structures, whether floating or stationary, shall become a
permanent part of this docking facility without permit modification. No non-water dependent uses of
structures shall be conducted on, in or over public trust waters without permit modification.
17) All conditions and stipulations of the active permit remain in force under this minor modification unless
specifically altered herein.
RECEIVED
SEP 0 3 2009
DGi4`d WILMIi9C TON, ,YG

' PP�N�:A.Md'PO4.t}44:1v}Y/4Mr' .WM4�".xN'![.Opp'f-:OYO[-0.�N..¢Qti<K?r�4M0':'�:o�vW0+14:4hCI,-}vi4J46?414?(K�.4.'p0.}NY.ti%4Wi.-0!vKM'10.}6
VOPAK Terminal Wilmington Inc. Permit#172-05
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state,fede to ts,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200600108.
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 level.
t
x
RFC F IVY®
SEE q 3 ?"09

21'
z
ia z
24X6 Sound Marine Floating Dock Cr,) z
C
UA
K U3
24'-6"
SEP 1 7 Z009
6'-2" Morehead City DCM

cJ�
7
Miscellaneous Data: > N
cm
Name/Project Address: VOPAK Terminal Wilmington, NC n_
3340 River Road U1
Wilmington, NC 28412
Adjacent Property Owners: '
North: Eagle Island, LTD
2902 River Road
Wilmington, NC 28412
South: National Gypsum Company
838 Sunnyvale Drive
Wilmington, NC 28412
Width of Property: 2050'
Waterbody: Cape Fear River
Waterbody Width: 2200'
Low Tide Water Depth at End of Structure: 5'
Distance from Dock to Fed. Maintained Channel: 1200'
S E P 17 2009
Morehead City DCM

rA
NC©ENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director �� /p7 Secretary
MEMORANDUM 19p
Ita
TO: Doug Huggett SEP g 7 Z�a9
Permits Section
FROM: Holley Snider JAY Morehead city
Field Representative,Wilmington �CM
THRU: Steve Everhart, PhD,
District Manager, Wilmington V`�
DATE: September 11,2009
SUBJECT: Permit Modification Request
CAMA Major Permit No. 172-05
VOPAK Terminal Dock,Wilmington
New Hanover County
Mr.J.M.Taylor,of Taylor Brothers Marine Construction Co., on behalf of VOPAK Terminals, is
requesting a modification of State Permit No. 172-05. State Permit No. 35-92 was issued to Exxon
Mobile Chemical Company on December 8,2005 for maintenance dredging. The permit was renewed for
maintenance dredging on October 13,2008. The permit was modified and transferred to VOPAK
Terminal on July 15,2009 and expires on December 31,2013.
Mr.Taylor is requesting that the permit be modified to allow for the construction of a small walk
way and floating dock adjacent to the existing boat ramp located along the Cape Fear River. As proposed
the walkway would measure approximately 34 feet long by 4 feet wide and would be connected via ramp
to the proposed 25 feet long by 6 feet wide floating dock. No wetland impacts are proposed.
The agent has submitted a check(ck.#16194)in the amount of$100.00 for the modification
request.
This Office has no objection to the permit modification request.
Enclosures
400 Commerce Ave.,Morehead City,NC 28557-3421 One
Phone:[phone] FAX:[phone] Intemet:www.nccoastalmanagement.net NorthCarohna
An Equal Opportunity 1 Affirmative Action Employer Natunill

CERT
IFIED MAIL—RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWiNER STATEMENT
Name of Property Owner: U yPA IL -rL 21M(M-IL W I L W1(ry 6
—7-- Aq II
Address of Property: 33 y0 �—I Um IDl�) w I ,i�Irl6 7� /VC '2Sq 1
(Lot or Streef 9, Street or Road,City)
Applicant's phone#: -I I 0—627 3 -770 Mailing Address: Z-Jlq Cos why Uwe U ( Y
kiI lm I iV67ov
I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit
has described to me as shown on the attached drawing the development they are proposing. A descri tion ng,
of drawi ,
with dimens' s must be provided with this letter.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed,you must notify the Division of Coastal Management(DCM)
in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext.
Wilmington,NC 28405-3845. DCM representatives can also be contacted at(910)796-7215. No response is
considered the same as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier,dock,mooring pilings,breakwater,boathouse,or lift must be set back a minimum distance of
15' from my area of riparian access unless waived by me. (if you wish to waive the setback,you must initial the
appropriate blank below.)
I do wish to waive the 15' set back requirement.
I do not wish to waive the 15' set back requirement_
q(P rty Owner Information) (Ripari P operty Owner Information)
Signa a Signature
V u-I Ls 7A Y cO2 L M,1LIC10 MC�-1�_.f
Print or Type Name Print or Type Name
2; N (05F`RAir, Oy► UKA i 4 tACU (Gt_A)vA C.T)y 2`t0z 12ivC-;L/?-0-
Mailing Address Mailing Address
w I L VA I ►U6 -7-TV /V C W I L VIA I0k6 7 d1i
City/State/Zip City/State/Zip u
Telephone Number G�l (U 62 377y Telephone Number
Date "I V6 Ciq Date `- 5 - E C E I M E D
127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net 0 9 2009
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
Dt-ivy W1tMINGTON, Ni

Z
13 Z
UJ c
N ('
C" z �--
U LU
LLJ 3 n
Old
0
Pipeline Rack
VOPAK Tr Road
Wilmington,NC North
Exisiting Dock Wilmington,
River RoadMiscellaneous Data:
Wilmington,NC 28412
Name/Project Address: VOPAK Terminal Wilmington,NC
3340 River Road
Wilmington,NC 28412
Adjacent Property Owners:
North: Eagle Island,LTD
2902 River Road
---•- - - Wilmington,NC 28412
South: National Gypsum Company
838 Sunnyvale Drive
" Wilmington,NC 28412
~- Width of Property: 2050'
Waterbody: Cape Fear River
Waterbody Width: 2200'
Low Tide Water Depth at End of Structure: 5'
Distance from Dock to Fed.Maintained Channel: 1200'

Vopak Terminal Wilmington NC
S
sM" �
. wp.
-1
PROPHU I Cilut
y rk.
1
x^y
� �T 2oF5

4T
IL
Existing Concrete Slab Boat Ramp High Tide Mark
Propose Concrete _
Walkway �>
33'-4
Low Water Mark
3'
21'Aluminum Access Ramp
(Hand Rail on Each Side)
21'
24X6 Sound Marine Floating Dock
z<'-'
e.z