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HomeMy WebLinkAbout172-05 TX.Minor Mod. VOPAK Terminal Wilmington Inc. •;.,c.r,_>.:.-.x.acaoaa.u•.+.'�-x.,.F...'o-:,w.ac+-:.o-rwv-xw.c-.:+.•-xte-r;+.-..rw.o;..:..w.;.:.�.s.....d...;-ram r.,.:w-w..J,.ca;...;-Tew:-x.ro-a*,+-r,+...»-:-:....-ta,oaxow-.-.r,.:.�c-..,.r:-.o-.-,u..,ne+...r:�,.-f-rr;.,n-:-%.s-r:..-r.•r�.,-ao-;a;.;.r Permit Class Permit Number } TRANSFER 172-05 M. ODIFICATION/N HNOR STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission OPY Y ikrtutt for X Major Development in an Area of Environmental oncer ,L FEO pursuant to NCGS 113A-118 ..�Jtt11 2009 X Excavation and/or filling pursuant to NCGS 1 Agrehe$d City DCM Issued to VOPAK Terminal Wilmington Inc.,3340 River Road,Wilmington,NC 28412 Authorizing development in New Hanover_ County at ad} to the Cane Fear River,nt 3340 River Road, in Wilmington, NC, as requested in the permittee's application dated 1/21/05(MP-1 & MP-2) inc the att work plan drwgs (61 dtd. 1/6/05(SKI-SK4), 10/26/05(Plate 1-1&2-1)&COE app.wetlands map sign.dtd.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. L'4� This permit must be accessible on-site to Department J e Gregson,Director personnel when the project is inspected for compliance. Divis' n of oastal Management Any maintenance work or project modification not cove hereunder requires further Division approval. This permit an is conditi s are ereb accepted. All work must cease when the permit expires on December 31, 2013 :: /1-1 In issuing this permit, the State of North Carolina agrees Signature of Permittee that your project is consistent with the North Carolina Coastal Management Program. +--?4wao-5it?b•wc.O.Fa.aK-e.ao-r...:-.>.}Po-Yrrra-•.n+n..6.;-o-:>+`.a.1J.?�..:,'^`-:ti+m.Mt.:N4wc-0cra-J.:-.^:-;-:Nc.,vtf...t�ti.-'i+r04;0�-:eoaaaahroCo4.i-:••ta;o-:_:r.��,ta++.+:w;,til.:-x'-?+-o.a)-':•±c-�:r..:.'.a.c<w..)+vo.]4aca*aY- VOPAK Terminal Wilmington Inc. Permit#172-05 Page 2 of 4 ADDITIONAL CONDITIONS x 3) No excavation shall take place at any time outside of the area indicated on the attached workplan drawings. Spoil Disposal 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". q.x-.r..ro-+:-o-ua.r+.-:..o-}aoo.:.oax�oo-oaocv-w7:+ato-o-:.,�:�..:..x-:.00-r.:..xv,.x�.,...,��-.-t rsa-.`w......,,7ca:-x,+w,taa»,>r->a-rarwc-x�a!r::w>..:.,;,.,.;..,xryw.;-r-;�.:�>rxa^•rrr.-r..n:,o-r,o-ro-„o-x�,c:�,-.-o-r-tc-:o-x-ra VOPAK Terminal Wilmington Inc. Permit#172-05 t Page 3 of 4 s ADDITIONAL CONDITIONS General f 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. VOPAK Terminal Wilmington Inc. Permit#172-05 - Page 4 of 4 S ADDITIONAL CONDITIONS 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 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(910) 796-7215 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. �4�1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary July 15, 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, (919) 733-2698 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:252.808-2808\FAX:252-247-3330 Internet:www.nccoastalmanagement.net NofthC ja'�rolliina An Equal Opportunity\Affirmative Action Employer o N t u a"y DCM Coordinator: 6ro464, MAILING DIST/R'IBUTION SHEET Permitee: Agents: DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washii Wilmington US ACOE Offices: Washington: Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bi BiddUeco`me (NC DOT) Wilmington: Dave Timpy 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: Joanne Steenhuis Wildlife Resources: Maria Dunn(WARD) Molly Ellwood (WIRO) LPO: Fax Distribution: Permitee#: Agent#: MAY-13-2009 16:07 From: To:9103924826 P.2/2 ADJACENT RIPARIAN PROPERTY OWNER STATE �IT MAY 15 2009 � (FOR,A PlZ'.R%Y.COORMG P.ILINGSIBOATL.rFTIB 0ATHO U 1 `� '�` �IS10N aE= 1 hereby certify that I own property adjacent to ����^ �,.)t�►ti,� ` MANAGEMENT (Name of Property Owner) property located at ---- - (Lot, Block,Road,etc,) 1 on Cope, , in (Waterbody) (Town and/or ounty) A MAY 2 6 �OQ Applicant's phone#: Ib 1 -01'-F`� Mailing Address: 3246 R fiver 10L% l�.i�lri., r% 'Y- ■" d City DCM Re has described to me, as shown below, the development he is proposing at that location, and,I have no objections to his proposal. I understand that a pier/mooring pilings /boatli.ft/boathouse must be set back a minimum distance of fifteen feet(1 S1 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 not wish to waive I do wish to waive that setback requirement, -------.......................,.................................................................I.................. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT- (To be filled in by individual proposing development) Ze lccew.►ti.� C, to '51irS dlol p►��`"►s 3 Ck.r ram `` ............................ .................--------.......................................................... (Information for Property Owner Applying (.riparian Property Owner Information) for Permit) 3340 ( we,e- ZOC1A VIA N�—�D Mailing Address ignature City/state/Zip 'tPrint or Type Name Telephone Number Telephone Number r O Signatu.c Date Date MAY-13-2009 16:07 From: To:9103924826 P.2/2 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT (FOR,A PIER f0ORCNG P.U]VGS/d30ATL.rIr'1'/BOATNOUSE) I hereby certify that I own property adjacent to (Name of Property'Owner) v MAY 2 6 M9 property located at '�\3OA'Wk, s�t �38 -01 n ' (Coll,block,Road,etc.) Morehead City D^M On Cam 1-Qar Z��er , in _ l..)���v,� a� N,C. Mw�r (Waterbody) (.Town anif'/or County) Applicant's phone 0: glv''1'i5 "bl`��i Mailing Address:, 33�{u �►�z� �°� He has described to me, as shown below,the development he is proposing at that Location, and, I have no objections to his proposal.I understand that a pier/mooring pilings /boatlift/boathouse must be set back a minimum distance of fifteen feet(1.51 from my area of r' a e LA waived by me. (If you wish to waive the setback,you musk initial the ap a ri, te!bl°;► below.) � a� d.LV �---! i, 'L do not wish 1;a waive MAY 2 C 2009 DIVISION vF s1z ..I do wish to waive that setback requirement, COASTAL MANAGEMENT ... ............................................................................................................... DESCRIPTION AND/0;12 DRAWING OF PROPOSED DEVELOPMENT: (To be fYlled in by individual proposing development) —� cdti.d, ► S �,►.,sue - -�LJLJ, ...................................,..,............................................................................. (Information for Property Owner Applying (Riparian Property Owner Information) for Permit) -5 zto-k zcc►lk Mauling Address Signature City/State/Zip Print or Type Name q Telephone Number Telephone Number Signature Date Date ;Kffl� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary July 15, 2009 Vopak Terminal Wilmington Inc. 3340 River Road Wilmington, N 28412 Dear Sir: We are in receipt of$300 for you request of the Minor Modification and Transfer of CAMA Major Permit #172-05. This amount was an overpayment of$100. Due to the email received requesting a credit of this overpayment, this letter shall serve as a credit of$100 to satisfy future permit processing fee requirements. This letter may be submitted in lieu of other forms of payment. Sincerely, Daniel M. Govom Asst. Major Permits Coordinator 400 Commerce Ave.;Morehead City,NC 28557 One Phone:252-808-28081 FAX:252-247-3330 Internet:www.nccoastalmanagement.net NorthQuolina An Equal Opportunity 1 Affirmative Action Employer Naturally 07/02/2009 THU 12: 55 FAX 9103924826 Vopak 0001/002 2�`Z- 2�I�1 � 3330 Jason To "Govoni, Daniel"<daniel.govoni@ncdenr.gov> LongNopLogNA-HOU/LOGN A/Vopak cc 07/02/2009 01:12 PM bcc Subject Re:Transfer of LAMA 172-05 Daniel, The address is: Vopak 3340 River Road Wilmington, NC 28412 Please hold and credit us the overpayment for the 5 year maintenance permit and we will extend the permit in 2013 as you requested. Regards, Jason Long Project Engineer T: 910-395-0809 F: 910-763-0725 E:jason.long@vopak.com Vopak Terminal Wilmington Inc. Visit/Postal Address: 1710 Woodbine Street, Wilmington, North Carolina 28401 USA http://www.vopak.com A Royal Vopak company "Govoni, Daniel" <daniel.govoni@ncdenr.gov> "Govoni, Daniel" <daniel.govoni@ncdenr.gov To "Jason.Long@vopak.com"<Jason.Long@vopak.com> cc 07/01/2009 11:15 AM Subject Transfer of LAMA 172-05 Can you please send me the address that this transfer will be issued for,Thanks Daniel 07/02/2009 THU 12: 55 FAX 9103924826 Vopak 0002/002 Daniel M.Govoni ` Asst.Nla4or Pernits Coordinator (252) (252)2 7-3330Fax daniel.govoniancdenr.gov Division of Coastal Management 400 Commerce Ave. Morehead City NC 28557.. . . .. ......._ its NEW EMAIL ADDRESS" E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Email corresi ioodence=:to r:fi(Pon:this sender is subject to the N.C.Public Records Lava and may be disclosed to third nartieas.lattaolln'ient"Daniel M Govooi.vcf'deleted by Jason l..ongtVol)LogNA-1 iOU!t-OGNAIVopakj Y ALIT J NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Dee Freeman Governor Director Secretary MEMORANDUM TO: Doug Huggett DCM-Major Permits FROM: Jason Dail .+"Mad cr DCM-Wil ngton �`'U�� v /�f MN r 2 0 2009 THRU: Steve Everhart 5 DCM Wilmington Morehe ad City pCM RE: Permit Transfer,Renewal and Minor Modification-CAMA Permit#172-05 Exxon Mobile to VOPAK Terminal New Hanover County DATE: May 14, 2009 Mr. Matthew Mooney, with VOPAK Terminal Wilmington Inc., is requesting a transfer of Permit#172-05 from Exxon Mobile Chemical Company to VOPAK Terminal Wilmington Inc. Mr. Mooney is also requesting that the permit be renewed for an additional five years to allow for continued maintenance dredging around the terminal end of the commercial docking facility. State Permit #172-05 was issued to Exxon Mobile Chemical Company on 12/08/2005, for maintenance excavation in the vicinity of the shipping berth, located at 3340 River Road, in Wilmington, New Hanover County.The permit expired on December 31,2008. In addition to the transfer and renewal request, VOPAK is also seeking approval to modify the expired permit to allow for reconstruction/relocation of four (4) concrete capped dolphins, located along the terminal end of the docking facility.According to the modification request and site drawings, dolphins MD3,MD4,MD5 and MD6 would be removed and replaced with four new dolphins. The new dolphins would be located immediately adjacent to the existing dolphins, as shown on Sheet S 1, dated May 2009. Each new dolphin cluster would be located slightly landward of the existing dolphin clusters. Each of the four clusters would be located within the footprint of the commercial docking facility with the exception of Dolphin MD6. Dolphin MD6 would be located north of the existing MD6 cluster,just outside of the existing footprint. The size (overall dimensions) of the proposed dolphins would remain consistent with the existing structures and no new expansion(s)is currently being proposed. The applicant has submitted a check (ck. #8534) in the amount of $300.00 for the transfer, renewal and modification request. This Office has no objection to the permit transfer request; however,the applicant/permittee has not provided the signed certified mail receipts from the adjoining property owners. A permit decision should be withheld until the signed certified mail receipts have been received by the DCM. 127 Cardinal Drive Ext.,Wilmington,NC 28405 One Phone:910-796-72151 FAX:910-395-3964 Internet:www.nccoastaimanagement.net NO /1Cuolina An Equal Opportunity 1 Affirmative Action Employer at a"y VOPAK Terminals Page Two Enclosures cc: WiRO files Dave Timpy—COE Joanne Steenhius-DWQ Flo p a k REC'D APR 2 g 2009 April 28, 2009 Jason Dail 127 Cardinal Ext. j Wilmington, NC 28405 APR 2 �� 2009 RE: VOPAK Terminal RDIVISION OF Modification to CAMA/Dredge and Fill Permit #172-05 COASTAL MANAGEMENT 3340 River Road Wilmington, NC, 28412 Mr. Dail; VOPAK has purchased the ExxonMobil Terminal at 2240 River Road and is requesting that the CAMA permit No 172-05 be transferred to VOPAK and renewed. VOPAK also request the minor modification required to replace the four existing dolphins (MD3, MD4, MD5, and MD6 as shown on Attachment A. The replacement will involve removing the existing dolphins and replacing like in kind per the original drawings with the following modifications: • The new dolphins will be constructed adjacent to the existing dolphins. The existing dolphins will be demolished and the piles cut off at the mud line. The locations of the replacement dolphins will therefore not be the same as the original dolphins. • The wide flange piles will be replaced with pipe piles. Attached is a copy of the Certificate of Exemption which was previously issued to ExxonMobil for replacing dolphins MD3, MD4, MD5, and MD6. Please find a check for $300 to cover the $100 transfer fee, the $100 renewal fee, and the $100 modification fee. Sincerely Matthew Mooney Maintenance &Technical Supervisor CAMA Transfer-Renewal-Dolphin Repair Permit Request Letter 4-8-09 Attachment: APR 2 2009 DIVISION OF Pg 1 -Aerial Plan COASTAL MANAGEMENT Pg 2 - ESSO Standard Oil Company Drawing 55-101 Bulk Plant-Wilmington North Carolina -June 15, 1955 Pg 3 - ESSO Standard Oil Company Drawing 55-103 Wilmington North Carolina-Dolphins 3, 4, 5, & 6-Aug 15, 1955 Pg 4 - Certificate of Exemption Issue Date 11-7-06 Pg 5 thru 18 -Permit 172-05 &Supporting Documents �(34�b5 10:R4 From: VOPAK-CAMA Transfer/Renewal/Dolphin ReW6G?Mpnt431 1032 pPt.QF 15 OF 18 Permit Classy Permit Number NEW(Express.Permit Program) 172-05 STATE Of NORTH CAI2OUNA Department of Environment and Natural Resources �V and r Coastal Resources Commission APR ' 2009 Vermit C DIVISION OF .for S TA L M A RIA: X- _, Major Development in an Area of Environmental Concern G pursuant to NCGS 113A-118 Excavation and/or tilling pursuant to NCGS 113-229 lsaued to Exxon Mobile Chemical Co, c/o Greg Ferrone,13501 Katy Freeway,Houston,TX,77079 Authorizing development.in New t=lAnnvnr CoUntyatAdj to the C'npf.-I�"car R'yer,nt 334t)River Rnnd in Wilmington,NC,as requested in the permittee's application dates 1/21/05 (MP-1 & MP-2).ing. the att ,)Uork Alert drwns, (k)dtd. 1/b/05($Sl-SK4),-1,0/26I05 (Plate 1-1 &2.1)&COF ape wetlands map sigh dtd 9/21/05 '[his permit,issued on_ 17ecember 8.2005 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation or these terms may he subject to fines, im risonment or civil action,or may cause the permit to be null and void. Excavatlon 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) Exc-rivation shall not exceed —41 feet below the elevation of normal low wetter (N1,W), In no case shall the depot of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) Signed by the authority of the Secretary or DEN It and the This permit action may be appealed by the pormittco or Chairman of the Coastal Resources Commission. other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the arse may be, This permit must be accessible on-site to Department personnel when the project is inspected for compliance, Charles S, Jones,Director Any maintenttrtca work or projoct modification not covered tvi9ion of Coastal Management hereunder requires further Division approval, This parmiC ttn/itsndil'ians on hereby accepted. All work must cease when the pormit expires on Decemheli:31.200N j In issuing this permit, the State of North Carolina agrees that your project is consistent with tho North Carolina Coastal Signature of F'ermittee Management Program, G✓w�u Z,.,J Je A Q-h EafCM5 10:24 From: VOPAK-CAMA Transfer/Renewal/Dolphin Repta�ffiknt431 1032 PPAGE 16 OF 18 � � u Exxon Mobile Chemical Co. Permit#172-05 ' RAW I AWP 2009 ADDITIDNAL CONDITIONS DIVISION OF COASTAL MANAGE ENF 3) No excavation shall take place at any time outside of the area indicated on the attached workplan drawings, S12ail Disposal 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 ofthe pipeline from the dredge area into the diked retention area shall be positioned at or greater than 50 feel 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 inaximum 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. Endangered Sneelep'Protection 8) The federally endangered West Indian manatee(Trichechus manarus), has been reported in North Carolina waters. In order to protect the manatee,all work should be done between November 1 and May 3l, if work must be done outside of this time frame,the permitlee shall adhere to enclosed guidelines,entitled"Precautions for General Construction in Areas Which.May.Be Used by the West Indian Manatee in North Carolina". Gpirle"ll 9) 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 shal I 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, 4 10) No vegetated wetlands shall be excavated and/or filled. i 11) The temporary placement,or double handling of excavated or fill materials within waters or vegetated wetlands,is not authorized, AP61-- UMS 10:24 From: VOPAK-CAMA Transfer/Renewal/Dolphin Rel5taz-65rent431 1032 PP9kPE 17 OF 18 L � Ili + , V Exxon Mobile Chemical Co. Per 4�#,172-0 U Pa 13 2�09 ADDITIONAL CONDITIONS DIVISION OF 1,OASTAI nAANAGEM 1\1— 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 authori2ed 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 ail navigable waters ofthe 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 pemiittee shall comply with the attached list of.United States Coast Guard Regulations, 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 has assigned the proposed project COI:Action Id,No. 200600108, NOTE; Future development of the permittee's property may require a modi;rcadon of this permit. Contact a representative of the Division at(910) 796-7215 prior to the commencement of any such activity for this determination.The perminee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level, x x -8�Q6898S 10.24 From: VOPAK-CAMA Transfer/Renewal/Dolphin Re0aceigi!nt 431 1032 pp&C6-: 18 OF 18 1 APR 2 ' 2009 Const Gunrd Regulnt ons Anaalienhle to Dredge OnerationA DIVISION OF COASTAL MANAGEM N- Below is a list of regulations which are applicable to dredge operations in the COTF Wilmington zone. This list is not all inclusive. We encourage dredge companies to schedule a meeting with members of the USCG staff,in order to be provided amplifying information or answers to any questions that may exist. We also strongly encourage all'Uninspected Towing Vessels(UTV)associated with each dredging operation to participate in the USCG's UTV Voluntary Commercial Dockside Examination program. Please contact AMl. Dan McDonald of the USCG staff at(91.0)722-2226,extension 108, to coordinate a. meeting or dockside exam. 1.Lights on dredge pipelines(33 CM` 99.15) 2.Lights on barges at a bank or dock(33 CFR 88.13) 3,Lights and Shapes(33 CFR 84.11-13) 4.Mooring Buoys(33 CFR 62.35) b 5.Special Marks(33 CFR 62.31) 6.Uninspected Towing Vessel's(UTV):Licensing Requirements (46 CF R 15.910& 1.5.81.5) 7.UTV Drug Testing Requirements(33 CFR 4,06&4.03.2) 8.UTV Marine Radar Requirement(33 CFR 164.01(b)& 1,64.72) 9, UTV Certificate of Documentation(33 CFR 173,21) 10. UTV Marine Casualty Reporting Criteria(46 CFR 4.05.1.) 11. Dredge or UTV Advance Notice oi'Transfers(33 CFR 1.56..1.18) 1 1 T