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HomeMy WebLinkAbout172-05 Exxon Mobile Chemical Co. DEC-28-2005 10:24 From: To:757 431 10 xonMobil D�ed3VPermit 172-05 Pagel of 14 Permit Class Permit Number NEW(Express Permit Program) 1.72-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit for ,.XX_ Major Development in an Area of Environmental Concern pursuant to NCO 113A.118 -2L Excavation and/or filling pursuant to N•CGS 113-229 issued to Exxon Mobile Chemical Co, c/o Greg I'errone,13501 ]Cate 1Freeway,Houston,TX 77079 Authorizing development in New Unnoyar County at acli r_,_tn tti=Cn;IP'FPrr Riuerrnt 334n Rivpr Remd'in Wilmington,NC,as requested in the permittee's application dated 1/21/OS-(a.) & lilt-2)-jnt;, he ate.)Uerk plan dMias (6)dtd 1/6/Q5(SKI-SK4) 10/26/05 (Plate 1 1 &2 1)&COE alp wetlands man si ft did. 4/21/OS This permit,issued on ___ December 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 of these(erms may be subject to finos, its risonment or civil action;or may cause the permit to be null and void. F cavat on 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 ofMfxlne T'isheries, 2) Excavation shrill 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 rho authority of rho Secretary of DGNR,and the This permit action may he nppenled by the pormitteo 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 tho case may be, This pormit must be accessible on-sito to Department personnel when the project is inspected for compliance, Charles S.Jones,Director Any maintenance work or project modification not covered ivision of Coastal Management hereunder roquiros further Division approval, This parttrit an its conditions are hereby accepted. A 11 work must cease when rite permit expires on D¢cembu—31.200s_ In issuing this permit, the State of North Carolina agrees that your project is consistent with rho N ,dl'r►a Caa T Si nature of'Permittee Management Program, JY g S E P 2 2 2008 Morehead City OCM DEC-28-2005 10:24 From: To:757 431 103 P.4 xxonMobil Dredge ermit 172-05 Page12 of 14 Exxon Mobile Chemical Co. Permit#172-05 Page 2 of 3 ADlD1Tl;ONAC.COIYI)ltT1:ONS 3) No excavation shall take place at any time outside of the area indicated on the attached workplan drawings, Spoil DiAnosal 4) All excavated materials shalt 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. Endeneered Snecles'Proteetioln B) The federally endangered West:Indian manatee(7i"ichechus 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"Precaudons for General Construction in Areas Which May.Be Used by the West Indian Manatee in North Carolina". X-efteiml 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 ol'the Secretary of the Army or his authorized representative,said structure ar work shal I cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required,upon duc 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, 10) No vegetated wetlands shall be excavated and/or. filled. 1.1 The temporary placement,or double handling of excavated or.fill.naterial.s within waters or vegetated wetlands,is not authorized, o► 3 SEP 2 2 M8 ; r MOrehead City DCM DEC-28-2005 10:24 From: To:757 431 103 xxonMobil Dreiig"krmit 172-05 Pagel of 14 Exxon Mobile Chemical Co. Permit 41,72-05 Pogo 3 of 3 ADDITIONAL CONDITIONS 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 Certi.f ication#3400,DWQ:Project#05-20I0,which was approved on November 29, 2005. 15) The permittee shalt 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, OTF• Future development of the pennittee's property may require a modification of this permit. Contact a representative of the Division at(91.0)796-7215 prior to the commencement of any such activity for this determination.The permittec is further advised that many non-water dependent activities arc not authorized within 30 feet of the normal high water level. Tef W 2 2 Z008 Morehead City DGM DEC-20-2005 10:24 From: To:757 431 1 xonMobil Dr dA Armit 172-05 Page14 of 14 Coast Guard Re u atlonv Annf cnhlc to Dredge Operations Below is a list of regulations which are applicable to dredge operations in the COTP Wilmington zone. This list is not all inclusive. We MCOLwage 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 USCO's UTV Voluntary Commercial.Dockside Examination program. Please contact SMl Aan 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- 88.15) 2.Lights on barges at a bank or dock(33 CFR 89.13) 3.Lights and Shapes(33 CFR 84.1.1-13) 4.Moorino Buoys(33 CFR 6235) 5.Special Marks(33 CFR 62.31) 6.Uninspected Towing Vessel's(UTV):Licensing:Requirements(46 CFR 15.910& 15,815) 7.UTV Drug Testing Requirements(33 CFR 4.06&4.03.2) B.UTV Marine Radar Requirememm(33 CFR 164.01(b)& 1.64.72.) 9. UTV Certificate or Documentation(33 CFR 173.21) 10. UTV.Marine Casualty Reporting Criteria(46 CFR 4.05.1) 11. Dredge or UTV Advance Notice of Transfers(33 CFR 156..1.1.8) 9, ''flog Morehead City DCM DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Exxon Mobile Chemical Co. C/o Greg Ferrone 2. LOCATION OF PROJECT SITE: The project is located at 3340 River Road, adjacent to the Cape Fear River, in Wilmington, New Hanover County. Photo Index-2000: Not Available 1989: 179-31 F, 11 1984: 15-190 T, 17 State Plane Coordinates-X: 157168 Y: 2316246 GPS—V-102810A 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 10/28/05 Was Applicant Present—Yes(Exxon staff) 5. PROCESSING PROCEDURE: Application Received—completed on 10/27/05 Office- Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan—New Hanover County Land Classification From LUP—Conservation/Developed (B) AEC(s) Involved: ES, EW, PT Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing—Septic Planned: None (F) Type of Structures: Existing—Two office buildings, commercial grade pier, rip-rap,work shop and numerous above ground storage tanks for chemical storage. Planned -None (G) Estimated Annual Rate of Erosion: N/A Source-N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A)Vegetated Wetlands (B)Non-Vegetated Wetlands(Open water) 54,000 sq. ft. (ship berth (C)Other—Highground (Spoil Disposal) 2,160,000 sq. ft. (Eagle Island) (D) Total Area Disturbed: 2,214,000 sq ft(50 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to perform maintenance dredging around the shipping/barge berth. Greg Ferrone Page Two 9. PROJECT DESCRIPTION McKim and Creed, on behalf of Exxon Mobile Chemical Co.,has requested that the attached application be processed under the Express Permit Review Program. The project site is located at 3340 River Road,adjacent to the Cape Fear River, in Wilmington,New Hanover County. To get to the site from Interstate 40,take Hwy 132 South and turn right onto Shipyard Blvd. Continue along Shipyard Blvd. until the road dead ends at the intersection of River Road. Turn left onto River Road and the property will be located on the right hand side of the road,approximately 1.0 mile from the intersection of Shipyard Blvd. and River Road. The lot averages 25-30 feet above mean sea level. The Exxon Mobile Chemical Co. currently operates as a loading and off-loading chemical storage/transport facility. The Exxon facility is comprised of approximately 58 acres and is located in an area of high industrial activity. Multiple commercial and U.S. Government operations use the adjacent waters(Cape Fear River Shipping Channel) as a means of shipping and receiving merchandise. The Cape Fear Shipping Channel, in the area adjacent to the Exxon facility,has historically been maintained for commercial navigation by the US Army Corp of Engineers to a depth of 38-44 feet. The Exxon tract is heavily developed,and vegetation on the eastern side of the property is limited to lawn grasses and ornamental landscaping. The western portion of the property,however, is dense with vegetation. There is a wider variety of vegetated species including: Live Oaks,Long-leaf Pines,Cedars and Maples. Wax Myrtles (Myrica cerifera)and Red Cedars(Juniperus virginiana)are located in the under brush adjacent to the transitional area,where the predominant species are Common Reed(Fragmites australis), Giant Cordgrass (Spartina cynosuroides)and Black Needle Rush (Juncus roemarianus). The New Hanover Land Use Plan classifies the area in the vicinity of the project area,as Developed. The waters of the Cape Fear River, adjacent to the project site,are classified as"SC"by the North Carolina Division of Water Quality. The area is designated as a Primary Nursery Area by the Division of Marine Fisheries,however, it is CLOSED to the harvest of shellfish. The Exxon Mobile Chemical Co. facility is processing this major permit,application for maintenance dredging. CAMA Major/Dredge and Fill Permit#182 was originally issued to Exxon Co., in the late 1970's. The permit included dredging activities in the area surrounding the shipping berth and barge berth.The originally proposed dredging activities and disposal areas remain the same as proposed under this maintenance request. PROPOSED PROJECT The Exxon facility is proposing to maintenance dredge the area surrounding the existing shipping and barge berths. The proposal includes the removal of approximately 8,700 cubic yards(900 feet x 60 feet)of material from the existing barge/shipping berth. The applicant previously maintained a depth of approximately—37feet(+2 feet of over depth)in the area around the shipping/barge berth. As part of this proposal,the applicant is also requesting that the project be deepened to a terminal depth of 41 feet. The material in the area surrounding the shipping/barge berth would be excavated from the waterward edge of the existing docking facility out to the edge of the Federal Channel. The material would be hydraulically dredged and disposed of on Eagle Island(U.S. Corp of Engineers(COE) owned disposal island). Eagle Island has historically been used by this facility,as well as other facilities in the area for spoil disposal. Eagle Island is approximately 500 acres in size and is located northwest of the Exxon terminal, across the Cape Fear River. Greg Ferrone Page Three According to the applicant,the COE is proposing to dredge the federal channel immediately adjacent to the Exxon facility during December 2005. In the process,the dredging company and the COE have agreed to dredge the Exxon facility concurrent with their dredging project. The dredge material removed from the area surrounding the Exxon facility will be pumped to the Eagle Island spoil site by the COE and it's contractors. 10. ANTICIPATED IMPACTS The proposed maintenance dredging would disturb approximately 54,000 square feet of previously excavated bottom area. The project would include the removal of approximately 8,700 cubic yards of material from the system. Minor increases in turbidity should be expected during excavation,however no long term adverse impacts are anticipated. Spoil disposal would disturb approximately 49.5 acres of high ground at Eagle Island. The project uses would remain the same. Submitted by: Jason Dail Date: 10/31/2005 Office: Wilmington Recommendations for State Permit—North Carolina State Ports Authority Because this area of the Cape Fear shipping channel is maintained for commercial navigation by the industries using the resource as well as the U.S. Army Corp of Engineers, and there is no shallow bottom habitat within the project area, I recommend the project be approved with a five(5)year maintenance clause of the following conditions: 1. In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in conjunction with the Division of Marine Fisheries. 2. Excavation will not exceed—41 (+2)feet below the normal water level 3. The temporary placement or double-handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4. No excavated or fill material will be placed at any time, in any marsh or surrounding waters,outside of the alignment of the fill area indicated on the workplat(s). 5. All unconsolidated material resulting from associated grading and dredge spoil placement shall be retained on site by effective sedimentation and erosion control measures. Prior to any land-disturbing activities, a barrier line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetative cover. Form DCM-MR1 APPLICATION' (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT c. Street address or secondary ad number a. Landowner: GREG FERRONE ' !'O pty :� `�` d. Is proposed work within city limits or planning Name � a3� � � jurisdiction? Yes No Address f?'Sal i�4TY 0?E� A`� e. Name of body of water nearest roject (e.g. river, t'tp(�,�To'i State I creek, sound, bay)C:k� �-= ��. �ti4 eg City � Zip -7-7071 Day Phone 91- $70- 17 Fax ; R I_g 70 a e;8 0 a 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: j Name I ��K#M 4`O-R E E L a. List all development activities you propose (e.g. 14Iq g V I I11 1��,, � i���: building a home, motel,marina,bulkhead,pier,and a- excavation and/or filling activities. Address `V t(90' F`t tAVATI MY ft—r nq�3 City IR��^l1VA WC9 Stale Zip,.Zip,.3 5 A Day Phone � " rt "M b. Is the proposed activity maintenance of an existin project, new work,or both? 4\I S?"e M6 Fax 1';�`�„ ��:t`�:�,a a,�- - c. Will the project be for public,private or commercial SOUTH WIMINGTON use?. O��I�^��R C t°A Lr c. Project name (if any) TERMINAL MAINTENANCE DREDGING d. Give a brief description of purpose,use,methods of construction and daily operations of proposed project. If more space is needed, please attach N07E.• PennU wW 6e issued in name of kridmwr(s),and/or � additional pages.�� �' /5.t Ito 96PTH project name. HAS C- 91-InTh f/AL LY rN-i-FL 1J. AN A is NOW AF C-rt1JG V S-S EL S WH -1-4 2. LOCATION OF PROPOSED AREA7-0 AFJ R14�-VATIQA) QF--g016E4P! PROJECT a. County RECEIVED lei 03/95 DCM WILMINGTON, N1 O C T 2 7 2005 Form DCM-MP-1 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER ON S t2 CHARACTERISTICS a. Size of entire tract '' n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) wastewater, industriallcommercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or NWLa `1' -- d. Soil type(s) and texture si of tract o. Describe existing drinking water supply source. e. vegetation on tract RACT --� f. Man-made features now on tract slr A6 E L� 5o ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site`! (consmu the load kind use plan.) following items must be submitted: Conservation Transitional '7 Developed Community ® A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then H M— E PL-� u,Ae%12 LAC`f2k11,\i ell `sr��b<�'?4 forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? Yes No (Attach zoning emptiance cerrficare, ifapplimble) An accurate, dated work plat (including plan view and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1l2" by 11" white paper. (Refer to done for the tract? Yes No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plats are acceptable only if an Yes Y, No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? X Yes —No Engineers regarding that agency's use of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? P,, Q requirements and it must be sufficiently detailed to (Anach do ;on, if avaira&-) guide agency personnel unfamiliar with the area to the RECEIVED )CM WILMINGTON, NC Revbed 031" O C r 2 7 2005 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTfflCATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application wi11 allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised that they have 30 days in which to submit comments I certify that to the best of my knowledge,the proposed on the proposed project to the Division of Coastal activity complies with the State of North Carolina's Management. Upon signing this form, the applicant approved Coastal Management Program and will be further certifies that such notice has been provided. conducted in a manner consistent with such program. Name N'�4- 0NA I— CO• I certify that I am authorized to grant, and do in fact, Address 3,9 SUNNY ALr • C 1 N ,NC, grant permission to representatives of state and federal - Phone 1- ,0-191 3 .54. review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name � A� l.`PA permit application and follow-up monitoring of the Address 13;0 RIVER 41#t�-"d!_MLW-1'i 2N NCB project. Phone - I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone � This is the�_day o A ildI • A list of previous state or federal permits issued forwork on the project tract. Include permit numbers, Print ?dame GREGoR .. r_ � permittee, and issuing dates. 1982 MAINTENANCE DREDGING PERMIT Signature NO 182. EXCAVATION AND FILLING MA R-MARINE AND PURSUANT TO NCGS 113-229 TERMINAL OPERATIONS • A check for$250 made payable to the Department of Please indi proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the `",� DCM MP-2 Excavation and Fill Information application. DCM MP-3 Upland Development • A signed AEC hazard notice for projects in — DCM MP-4 Structures Information _.__ DCM MP-5 Bridges and Culverts oceanfront and inlet areas. DCM MP-b Marina Development • A statement of compliance with the N.C. NOTE Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each,form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. RECEIVED Revised 03/95 DCM WILMINGTON, NC OCT 2 7 2005 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards 8700 fill activities. All values to be given in feet. 4- b. Type of material to be excavated Average 1lAw Exbdn Project c. Does the area to be excavated include coastal t'`O� Width Depth Depth wetlands (marsh), submerged aquatic veegetation Access (SAVs)or other wetlands? Yesi No channel (MI..v)or(NWL) d. Highground excavation in cubic yards Canal 2. DISPOSAL OF EXCAVATED Boat -41 MATERIAL basin 0 sio o* MLt--W EAGLE ISLAND a. Location of disposal area Boat ramp b. Dimensions of disposal area :<-< = APPROX 1200 FT X 1800 FT Rock groin c. Da you claim title to disposal area? _Yes X No Rock If no, attach a letter granting permission from the breakwater owner. d. Will a disposal area be available for future Other maintenance? A Yes No (Excluding If yes, where? EAGLE ISLAND _ shoreline stabilization) RECEIVED DCM WILMINGTON, NC Revised 03/95 OCT 2 7 2005 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes X No water (2) Dimensions of fill area f. Does the disposal include any area in the water? Yes X No (3) Purpose of fill b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? Yes _NO ,No If yes, a. Tyne of shoreline stabilization (1) Dimensions of till area NA Bulkhead NA Riprap (2) Purpose of fill b. Length NA c. Avveerage distance waterward of MHW or NWL 5. GENERAL d. Maximum distance waterward of MHW or NWL NA a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled?, _NA DREDGE MATERIAL IS CONTAINED WITHIN (Source of irformadon) DIKES AROUND THE PERIMETER OF EAGLE ISLAND f. Type of bulkhead or rprap material NA b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level HYDRAULIC DREDGE (1) Riprap NA (2) Bulkhead back-fill NA c. Will wetlands be cr35sed in it rting equipment h. Type of fill material NA to project site? Yes No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material NA 4. OTHER FILL ACTIVITIES f Applk t or Pro Name (Excluding Shoreline Stabilization) S' L a. Will fill material be brought to site? —NO. Yes No Date GREGORY J, FERRONE MANAGER—MARINE AND TERMINAL OPERATION$ E p EXXONMOBIL CHEMICAL Re+�sea osi�s ,,_,... JNGTON, NC OCT 2 7 2005 A X71�7� 6 09:56 From: VOPAK-CAMA Transfer/Renewal/Dolphin Re�tac_i5i6nt431 1032 P. E 4 OF 18 1r �7o �• �8a� �5��-�/ �� � r ��i.r iI I vjl� 6�_RTIFICATION OF EXEMPTION + FROM REQUIRING A CAMA PERMIT APR 2 2009 as authorized by the Stato of North Carollno, Lo 0epartmant of Environmont,Haalth,and Natural Resources and the Coastal Raoourcas Commiaslok"I S I dN OF In an area of environmental concern pursuant to 15 NCAC Subchapter 7K.0203, i,UA I A L �! ` NAG EM EN-( Q zbf- Applicant Name Phone Number " i Addres o City �i= -J __ _ State Zip Project Locatlon County,State Road,water Body,etc,) Type and Dimensions of Project D L l! M- — VIA 0 r'A The proposed proiocttobe located end construct odasdascrlbed This dortification of exomptlon from requiring a CAMA permit io above is hereby certified ae exempt from tho CAMA permit re. valid for 90 doyn from ttte date of Issuance.Following explratlon, quirament pursuant to IS NCAC 7K ,0203. Thio exemption to a ro-opmination of the project and project site may be nocasaary CAMA permit requirements does not alleviate the nocoasiiy of to coritinuo this coniftcailon, your obtaining any other State,Federal,or Local authorizatlon, SKETCH -1)Q (SCALE: CiA?E 77,I VOL —�_ ->7 nAD—3 s1nD Any person who proceeds with a development without the con. Alb LUh VIC EC4 AL Cy tow sent of a CAMA official under the mistaken assumption that the pli oturo development I9 exempted,will be In violation of the CAMA if thorn is a subsequent determination that a permit was required for the devotopmont. i aignatur The applicant certifies by signing thia exemption that(1)the ap- la uing date plicant has read and will abide by the conditions of this examp- ticn,and(2)a written statement has been obtained from adjacent Z~ '—aZ landowners certifying that they have no objections to the piration date proposed work, Altachmont:IS North Carolina Administrative Code 7K.0203 a O /�► �11L L ■� WEA 0) 'TAT,IOa75 NORTH YAH�i GRAPHIC SCALE a 200 0 700 400 LU ors I IN. = 200 FT. X SCALE IN FEET LU ; 41E •i/ VICINITY MAP — NOT TO SCALE ( -�-9�3 ; \ IQ CD aIL oe a.N os SCALE m s V NFM&CREED LICENSE NO. EXXON CHEMICAL COMPANY A- gaiZONT ~�4t8 Nktnq Orlw,S.R.100 ACW21-3-06-3906 WILMINGTON CHEMICAL TERMINAL N�g NA9 L PMq°°� Beach. ginln 23452 O h— (757) 1- (7574Ji-10J2 .1k A ••Taa�e._: o EXXON DREDGING APPLICATION suan. w.,m<kin=.e.d.<on OVERALL SITE PLAN & VICINITY MAP Preliminary Design n Not For.Construction N APPLICANT CONSULTANT Exxon Mobil Chemical Co. McKim & Creed, PA 3340 River Road Bill Egan, PE Wilmington, NC 28412 448 Viking Drive Phone: 910-799-0144 Suite 100 Virginia Beach, VA 23452 Phone: 757-431-1002 Fax: 757-431-1032 DESIGN NARRATIVE The applicant is seeking a dredge permit for their property located along the Cape Fear River. The property address is 3340 River Road. The area to be dredged has been operating as a ship unloading facility since the 1950's. A copy of a 1982 maintenance dredge permit is attached. The applicant proposes to dredge an area of approximately 900' by 60' to a depth of- 41' below MLLW. The approximate elevation of the area to be excavated is-37' below MLLW with areas as high as-32' below MLLW. Several ships have encountered the river bottom at very low tides, and it has become mandatory to dredge this area. The applicant plans to dredge this area by way of hydraulic means. In total, about 8700 CY of material is to be removed from the river bottom. The material has been sampled and tested and is a silty material. The dredge spoils will be pumped to and deposited on Eagle Island. The SCS Soil Survey indicates that the upland site is mostly (Ur) Urban land, but also consists of small segments of Baymeade fine sand (Be) and (DO) Dorovan soils along the river. The Urban land consists of an area where the original soil has been cut, filled, paved, or graded so that most of the soil properties have been altered. The Baymeade fine sand is a well drained soil which is not subject to flooding, while the Dorovan soil portion of the area is characteristically a poorly drained soil. The project is within the drainage basin that drains to the Cape Fear River, sub basin DPF17, stream index number 18-(71), map number J27SW7, stream class SC. The CAMA land use classification is Conservation and the project lies within the 100 year flood zone. Enclosed with this package is the following: • Form DCM-MP-1 • Form DCM-MP-2 OCT 2 7 2005 COASTAL IM ION OF GEMENT T �D`". 1 „�`��" 'S'.;� r. e'�"X�u -�";'�`� ` "�,�rn'4,'v�,.�t. -.a tf,J%r°�r"•t-s �r��/,� Q; rxy. r:,.�' ,i"p'y;t.s rrn" .�"Aq •• ;ram'' . tei•c a , D ! ,�• rl�. i'�'' �p�� g�xa~ 1I ?' ' � +� � ' d, � '�• tlar � � . _'?!\'<-µ:F al ei �u: ��1� �p .�'•&. z *P: �/' e ,.•'�I ._ ��i y,� rb, �"��j�g'J �t 1 lM ���x. 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'�- � s r µ Ir it ject Site �'i �. ..•` � •- way �. ...'`r!A`'" 'r ' �`,!�- �' t {¢�cT' ':1+%' '� • 4��r `� ♦ T" '1 11 1 EXXON DREDGING PERMIT APPLICATION AERIAL SITE PLAN 7-11-05 kk R r �I`•� !r� - k'�`err !'....,ti�} I \ HARB C TRANS ' ' BARGE V i �"` � • f FRONT E p : .. ;: :. - � I. 11TT1� x •s �? uu , rt .`' u •_� � �4` ill 5� 1} � ~ _ Pv l Y + 6 11h Y1 -FRONT END LOADERLJ J•?JII -f I` /f, l i / ALONG FX1 - � x'. DREDGE AREA DISPOSAL LOCATION -- HARBOR i CHANNEL LINE y. JUL 14 20M McKim & Creed Project 1206-0001 DIVISION OF COASTAL MANAGEMENT r 1 R `iJL . •1' [J, t ll- . - '� Wa�:�a',, �' ar•+ Y Nt l4 � Mill � • � � t, '' �•` fin'. r s _ :65-u Figure 2 - Project Site River Road Wilmington, NC • .z „, a----'� ..,--!�------- SIN' yet �•S7.f�' ¢fl..4. i Yk ��� + it. y_ 3 40 N 1Ek RCS Dredge } Area 1, _vr . 7, y r , OCT 2 7 2005 DIVISION OF COASTAL MANAGEMENT April 8,2009 VOPAK-CAMA Transfer/Renewal/Dolphin Replacement PAGE 6 OF 18 0 y 8 � N: DATE '-1 f`'Z 105 ;CESAW-PM-C ; CE-SAS-RE-RM/N D'P ' COP STAL M A N AG E M E6ESAS-RE-RM ; EXXON MOBIL DEPARTMENT OF THE ARMY LICENSE NO. DACW21-3-06-3906 EXXON MOBIL EAGLE ISLAND DISPOSAL AREA WILMINGTON HARBOR NEW HANOVER COUNTY,NORTH CAROLINA WHEREAS,THE UNITED STATES OF AMERICA,hereinafter called the "GRANTOR"has acquired an in fee the lands hereinafter described for the operation and maintenance of the Wilmington Harbor,Wilmington,North Carolina,including that particular property designated as Eagle Island Disposal Area. WHEREAS,the Wilmington District,U.S. Army Corps of Engineers is responsible for the Wilmington Harbor Project and as such is responsible for the operation and maintenance of the Eagle Island Disposal Area and the North Carolina State Ports Authority(SPA)is responsible for providing all real estate interest required for the Project and, SPA shares the cost of disposal area dike construction with the Government and; WHEREAS,EXXON MOBIL,hereinafter called the"GRANTEE",has acquired from the Wilmington District Engineer concurrence for the placement of approximately 8,700 cubic yards of spoil material into the Eagle Island Disposal Area. This instrument is effective November 10,2005 and expires on November 09,2006. NOW THEREFORE,the Grantor does hereby agree for the Grantee,to place spoil material in the Eagle Island Disposal Area as identified on Exhibit"A", attached hereto, and to utilize said property in accordance with the terms and conditions stated below: 1.The consideration for this License is: a. The Grantee shall remit a check in advance made payable to the Finance and Accounting Officer, Savannah District in the amount of One Thousand Three Hundred ($1,300) dollars for administrative fees associated with the preparation of this license($500.00) and monitoring fee($800.00). Subject check shall have the license instrument number(DACW21-3-06-3906) printed in the lower left hand corner of said check. The check should be forwarded to the U.S. Army Corps of Engineers, Savannah District, ATTN: RE-RM,Post Office Box 889, Savannah, Georgia 31402-0889. April 8,2b09 VOPAK-CAMA Transfer/Renewal/Dolphin Replacement C .&tV7 02L91 LICENSE NO.DACW21-3-06-3906 APR 1 2009 WILMINGTON HARBOR,NEW HANOVER COUNTY,NORTH C INA b. Prior to commencing operations the Grantee shall remit a checkZtn�1h#e)9JMk*GEMEN-T OF Finance and Accounting Officer,Wilmington District,in the amount of Seven Hundred Fifty Dollars ($21,750.00)based upon the anticipated volume(yardage) of disposal material placed in the Eagle Island Disposal Area(8,700 cubic yards). c. The actual total volume of material deposited by Grantee shall be determined by pre and post surveys(see Condition 18). Should the.amount of material deposited in the disposal area exceed 8,700 cubic yards,the Grantee shall make payment for this overage at the current disposal fee rate of$1.50 per cubic yard. Subject check shall have the license instrument number (DACW21-3-06-3906)printed in the lower left hand corner of said check. Check shall be made payable to the Finance and Accounting Officer,Wilmington District. This payment should be forwarded to the U.S. Army Corps of Engineers,Wilmington District,ATTN: SAW-PM-C,Post Office Box 1890,Wilmington,North Carolina 28402-1890. Said payment shall be made within 30 calendar days of completing dredging operations. d. Should the amount of dredged material deposited by Grantee in the Eagle Island Disposal Area be less than 8,700 cubic yards,Grantor shall reimburse Grantee for the determined underage at the rate of$1.50 per cubic yard. 2. Special Conditions a. The Grantee shall schedule on site pre-work and post work meetings with Mr. Robert Keistler,Wilmington District's POC, 910-251-4709. b. Two(2)representatives of the contractor shall be stationed at the disposal site at all times during the dredging operation. c. All work shall be conducted in accordance with applicable Department of the Army (DA),North Carolina Division of Coastal Management(NCDCM),and North Carolina Division of Water Quality Permit(NCDWQ)authorizations. d. All equipment and materials,other than dredged material,must be removed from the property within 14 days after completion of the dredging operations. e. Specific dredged material disposal events shall be subject to review and approval of the Wilmington District Engineer or his authorized representative. Approval of specific disposal request is dependent on the schedule of activities at the identified disposal facility as well as available capacity. Prior to commencing with any dredging,the Grantee,along with the Grantee's dredging contactor shall meet with Mr. Robert Keistler. The proposed meeting is to schedule the Grantor's dredging work and the private party dredging work with assurance that the Grantor's work can be completed within the environmental hydraulic dredging window in the upper Cape Fear River. The Wilmington District Engineer or his representative reserves the right to unilaterally deny use of Eagle Island Disposal Area to the Grantee for use as a dredged material disposal site based on the scheduling meeting outcome. 2 April 8,2b09 VOPAK-CAMA Transfer/Renewal/Dolphin Replacement LICENSE NO.DACW21-3-06-3906 APR 2 8 2M WIL IINGTON HARBOR,NEW HANOVER COUNTY,NORTH CA INA f. Grantee will be required to demonstrate that the dredged material to t}e�,lc�ei V S'O N OF disposal basin is not contaminated and is compatible with management plans oW a aci ity see AG E M E iV Condition 17). g. The Grantee shall provide the Wilmington District Engineer,pre and post surveys conducted by a licensed surveyor,together with computations showing the quality of material placed in the disposal area. The pre-survey will be submitted ten(10)days prior to commencement of the operations and the post-survey will be submitted within ten(10)days after completion of the operation 3. It is understood that this license is effective only insofar as the property rights of the Grantor in said disposal area. 4. That the exercise of the privileges hereby agreed to shall be without cost or expense to the Grantor,under the general supervision and subject to the approval of the officer having immediate jurisdiction over the property,hereinafter referred to as"said officer",and subject to such regulations as may be prescribed by the Wilmington District,from time to time,including, but not limited to,the special conditions,requirements and specifications set forth in Item 2, Special Conditions. S. That the Grantee shall supervise said disposal operations and shall,immediately repair any damage found therein as a result of such operations,or when requested by said officer. 6. That any property of the Grantor damaged or destroyed by the Grantee or his agents incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Grantee to the satisfaction of the said officer,or in lieu of such repair or replacement,the Grantee shall, if so required by the said officer and at his option,pay to the Grantor money in an amount sufficient to compensate for the loss sustained by the Grantor by reason of damage to or destruction of Grantor property. 7. That the Grantor shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted,or for damages to the property of the Grantee,or for damages to the property or injuries to the person of the Grantee,or the persons of Grantee's officers,agents,servants,or employees or others who may be on said premises at their invitation or the invitation of one of them arising from Grantor's activities on or in the vicinity of the said premises,and the Grantee shall hold the Grantor harmless from any and all such claims,not including damages due to the negligent or willful misconduct of the Grantor's officers,employees or its contractors. 8. That the Grantor shall in no case be liable for any damages or injury to the Grantee's herein authorized which may be caused by any action of the Grantor,under the rights obtained in its dredge material easement, either hidden or known,or that may result from future operations undertaken by the Grantor,and no claim or right to compensation shall accrue from such damage 3 April 8, 2009 VOPAK-CAMA Transfer/Renewal/Dolphin Replacement II Ih(i;�A9 LICENSE NO.DACW21-3-06-3906 APR 2 : 2009 WILMINGTON HARBOR,NEW HANOVER COUNTY,NORTH LI 0 or injury, and if further operations of the Grantor require the use of the are rem Qt°I��FAQJV OF the Grantee shall,upon due notice from the Wilmington District Engineer, c s 111T%erAAMAGEMENT without expense to the Grantor and no claim for damages shall be made against the Grantor. 9. The exercise of the privileges hereby agreed to shall be conducted in such a manner as not to conflict with the rights of the Grantor,nor to endanger lives and safety of the public. 10. This license may be terminated by the Secretary of the Army upon reasonable notice to the Grantee if the Secretary of the Army determines that disposal operations to which this license is hereby granted interferes with the use of said land or any part hereof by the Grantor. This license may be annulled and forfeited by declaration of the Secretary of the Army for failure to comply with any and all of the provisions and conditions of this instrument. 11. That upon the relinquishment,termination,revocation, forfeiture or annulment of the license, the Grantee shall vacate the premises,and remove all property of the Grantee there from. If the Grantee shall fail or neglect to remove said property and so restore the premises,then at the option of the Secretary of the Army,the said property shall either become the property of the Grantor without compensation therefore,or the Secretary of the Army may cause it to be removed and the premises to be restored at the expense of the Grantee, and no claim for damages against the Grantor,or its officers or agents, shall be created by or made on account of such removal and restoration. 12. Without prior written approval of said District Engineer the Grantee shall neither transfer or assign any of the privileges herein agreed to,nor grant any license or interest whatsoever in, under,or upon any of the lands included under this license. 13. That the Grantee within the limits of his/her respective legal powers shall comply with all Federal, interstate, state,and/or local Grantor regulations, conditions or instructions for the protection of the environment and all other matters as they relate to real property interests granted herein. 14. Except as otherwise specifically provided, and reference herein to "Secretary","District Engineer", "Installation Commander",or"said officer"shall include their duly authorized representatives. Any reference to "Grantee",shall include assignees,transferees and their duly authorized representatives. 15. The Grantee shall provide the Wilmington District Engineer, ATTN: SAW-PM-C,a copy of the North Carolina Department of Environment and Natural Resources,Division of Water Quality Section 401 permit certification within 30 days of receipt of License No. DACW21-3-06-3906. If certification has not been provided within the 30-day time frame,the instrument shall become void. 4 April 8, 2009 VOPAK-CAMA Transfer/Renewal/Dolphin Replacement _ PAGE 10 OF 18 LICENSE NO.DACW21-3-06-3906 1 A V WILMINGTON HARBOR,NEW HANOVER COUNTY,NORTH CAZ,h,�qif NA 2 200916.The Grantee's use of the area is not to interfere with any on going wkos area. The Wilmington District Engineer reserves the right to temporarily deny the use 10 N U F area, specify the location of the discharge lines or whatever he deems necessa*09kSqtAqt tMA N A G E M E N 4 Grantor's interest. 17. The Grantee,in accordance with the Wilmington District Engineer's requirements, shall test all materials to be placed in the Eagle Island Disposal Areas. Testing requirements may be obtained from the Wilmington District's Project Manager ATTN: (SAW-PM-C). The use of the Grantor's disposal area will not be approved until the sediment testing results have been submitted and accepted by the District Engineer. 18. The total volume of all material removed shall be measured by the cubic yards removed from the dredging area,by computing the volume between the bottom surface shown by the soundings of a survey before dredging and the bottom surface shown by the soundings of a survey made as soon as practicable after the completion of the dredging. A before dredge hydrographic survey must be performed and submitted with quantity calculations,of the Wilmington District prior to commencement of dredging. An after dredge hydrographic survey,with quantities,is required following the dredging activities. THIS LICENSE is not subject to Title 10,United States Code, Section 2662,as amended. 5 April 8,2009 VOPAK-CAMA Transfer/Renewal/Dolphin Replacement 1¢ F LICENSE NO.DACW21-3-06-3906 WILMINGTON HARBOR,NEW HANOVER COUNTY,NORTH CAROLIJ APR L 4 2009 IVISI IN WITNESS WHEREOF,I have hereunto set my hand,by authority of the Secr 'y4�t, ON OF Army this O'day of_ use , 2005. MANAG EW--,t i UNITED STATES OF AMERICA BRUCE A. BRI GM N Chief, Manage clion EWON M IL,accepts this license instrument and the,terw(2 cft conditions stated herein this day of 1 ,2005. EXXON MOBIL I z 1�05 Title: GREGORYJ. FERRON�E"" MANAGER-MARINE AND WITNESSES: TERMINAL OPERATIONS EXXONMOBIL CHEMICAL 6 I�u �' R April 8,2009 VOPAK-CAMA Transfer/Renewal(Dolphin Replacement D J� f�� '� �1 2009 LICENSE NO.DACW21-3-06-3906 APR ^ I WILMINGTON HARBOR,NEW HANOVER COUNTY,NORTH CAR EA � COASTAL IM�N OF CORPORATE CERTIFICATE AGEMEN-, I, rLlcg'D �E , certify that I am the 1 *1' Aof EXXON MOBIL,that c on I—&LAJ—who signed the foregoing instrument on behalf of the company was then J o ;" (� of the company. I further certify that said officer was acting within the scope of powers delegated to this officer by the governing body of the company in execution of said instrument. SIGNATURE: DATE: 14 110— GREGORY J. FERRONE MANAGER-MARINE AND TERMINAL OPERATIONS EXXONMOBIL CHEMICAL (SEAL) 7 April 8, 2009 VOPAK-CAMA Transfer/Renewal/Dolphin Replacement PAGE 13 OF 18 LICENSE NO.DACW21-3-06-3906 R_ �y WILMINGTON HARBOR,NEW HANOVER COUNTY,NORTH CA V S ACKNOWLEDGEMENT APR 2 i 2009 DIVISION OF COASTAL MANAGEMENT STATE OF GEORGIA) ss COUNTY OF CHATHAM) Before me a Notary Public in and for the County of Chatham,personally appeared ��rg► ,to me known to be the identical person and officer whose name is subscribed to the foregoing instrument,and acknowledged to me that he/she executed the said instrument by direction of the Assistant Secretary of the Army 0,L&E)for the purpose therein expressed as the act and deed of the United States of America. GIVEN under my hand and seal,this day of De-C- , 20 0,!�. NOTARY PUBLIC (SEAL) My Commission Expires: Votary Public, Bryan County,GA Cxo res November 12,2001 8 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id.200501158 County: New Hanover U.S.G.S.Quad: Wilmington NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Gregory Ferrone Agent: Christian Preziosi Exxon Mobil Chemical Land Management Group Address: 13501 Katy Freeway P.O.Box 2522 IC E I VE Houston,TX 77079 Wilmington,NC 28402 19 B Phone Number: (910)870-6817 (910)452-0001 OCT 12 2005 Property description: L�� Size(acres) 8.5 acres Nearest Town Wilmington DIVISION OF Nearest Waterway Cave Fear River River Basin Cape Fear COASTAL MANAGEMENT USGS HUC 03030005 Coordinates N 34.175 W—77.951 Location description:The reviewed property is adjacent to the Cane Fear River,adjacent to and west of River Road,in Wilmington,New Hanover County,North Carolina. Indicate Which of the Following Apply: _ Based on preliminary information,there may be wetlands on the above described project area. We strongly suggest you have this property inspected to determine the extent of Department of the Army(DA)jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331). X There are Navigable Waters of the United States within the above described yronerty subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations,this determination ►nay be relied upon for a period not to exceed five years from the date of this notification. X There are wetlands on the above described project area subiect to the permit requirements of Section 404 of the Clean Water Act(CWA)(33 USC 4 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload,the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation,you may wish to obtain a consultant. To be considered final,any delineation must be verified by the Corps. _The wetland on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which,provided there is no change in the law or our published regulations,may be relied upon for a period not to exceed five years. X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on September 21,2005. Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S.,to include wetlands,present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act(CAMA). You should contact the Division of Coastal Management in Wilmington,NC at(910)792-7215 to determine their requirements. Page 1 of 2 Action ID: 200501158 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act(33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program,please contact Ronnie Smith at(910)251-4635 Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is adiacent to the Cape Fear River,which is a navigable water of the US.This determination is based on information provided by Christian Preziosi and a site visit by Ronnie Smith on August 26,2005. Remarks: r Corps Regulatory Official: l Date August 26 2005 Expiration Date August 26,2010 Corps Regulatory Official(Initial): FOR OFFICE USE ONLY: • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. • A copy of the"Notification Of Administrative Appeal Options And Process And Request For Appeal"form must be transmitted with the property owner/agent copy of this form. • If the property contains isolated wetlands/waters,please indicate in"Remarks"section and attach the "Isolated Determination Information Sheet"to the file copy of this form. To OCT 12 M DIVISION OF COASTAL MANAGEMENT Page 2 of 2 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Exxon Mobile Chemical Co. c/o Greg Ferrone County: New Hanover LOCATION OF PROJECT: 3340 River Road, adjacent to the Cape Fear River, in Wilmington, New Hanover County DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10/27/05 FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No NOV 0 2 Z005 CONSISTENCY DETERMINATION: Attached:No To Be Forwarded: Yes FIELD REPRESENTATIVE: Dail DISTRICT OFFICE: WilmingtoriMorehead City DCM DISTRICT MANAGER REVIEW: / 0-3/_p !E B) DATE APPLICATION RECEIVED IN RALEIGH: a OS FEE REC'D:$ PUBLIC NOTICE REC'D: D o END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: / ON: ty"119f C) 75 DAY DEADLINE: 0 I&/0 (,0 150 DAY DEADLINE: MAIL OUT DATE: 10/31/05 STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative Coastal Management-LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management(DWQ) State Property Office Division of Archives&History Division of Environmental Health Division of Highways Wildlife Resources Commission Division. of Water Resources Division of Marine Fisheries Submerged Lands(DMF) Ll DE'C-28-2005 10:26 From: To:4 P.2/6 A,�� �.rrr.rrrr NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F, Easley,Governor Charles S, Jones, Director Willlam 0,Ross Jr„Secretary December 28,2005 Transmitted via racsimila: Exxon Mobile Chemical Co. C/o Greg Ferrone 13501 Katy Frcewuy Houston,TX 77079 Dear Mr. f errone: As you are probably aware, the Division of Coastal Management recently issued u CAMA Major permit (0172.04) to Exxon Mobile Chemical Company for maintenance dredging around the barge and ship berth at the Exxon facility, located in Wilmington, North Carolina. It has come to my attention that the permit number designated for this project is incorrect. C have attached a copy of the amended permit that references the appropriate CAMA permit (4172.05). Permit 0172.04 is Null and Void and CAMA Permit 0172.05 is now the active permit, Please sign this copy and fax it back to me at the number listed below. Thank you and I apologize for any inconvenience. If you have any further questions, please feel free to cal I me at(910)796-7302. V truly you ,son Express Permits Coordinator 127 Cardinal Drive Ext„ Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910.395.39641 Internet: Www,nccoastalmanagement,net An Equal Opportunity 1 Ormative Action Employer-50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F Easley, Governor Charles S. Jones, Director William G Ross Jr , Secretary RECEIVED DCM WILMINGTON, NC October 31, 2005 DEC 2 2 2005 t.! ITjf ���y MEMORANDUM: ; TO: Renee Gledhill-Early A40rliah V 1 2GGi 1 NC Dept. of Cultural Resources Archives &History TON JFPC� FROM: Doug Huggett, Major Permits Coordinator DEC 2 8 2005 filec5� 2576 SUBJECT: CAMA&Dredge and Fill Permit AA491 04P Yud�qgtvv(o!� Applicant: Exxon Mobile Chemical Co., c/o Greg Ferrone v Project Location: 3340 River Road, adjacent to the Cape Fear River in Wilmington, New Hanover County. Proposed Project: Applicant proposes to perform maintenance dredging around the shipping/barge berth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 24, 2005. If you have any questions regarding the proposed project,please contact Jason Dail at(910) 796-7302,when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED DATE 127 Cardinal Drive Ext , Wilmington, North Carolina 28405-3845 NOV 0 4 2005 Phone 910.796-73021 FAX 910-350-2004 1 Internet. www nccoastalmanagement net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 1 10% Post Consumer Paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O.BOX 1890 " WILMINGTON,NORTH CAROLINA28402-1890 IN REPLY REFER TO October 21, 2005 Project Management Branch D C IE I IV E Mr. Bill Egan OCT 2 7 2005 McKim and Creed 448 Viking Drive, Suite 100 DIVISION OF Virginia Beach, Virginia 23452 n CT p I M A N AG F M ENT Dear Mr. Egan: Thank you for your phone call requesting to place approximately 7,000 cubic yards of dredged material from Exxon Mobil Shipping Terminal into the U.S. Army Corps of Engineers, Wilmington District, disposal area on Eagle Island(see enclosure 1). The purpose of this letter is to provide you with the requirements to utilize Eagle Island dredged material disposal facilities managed by the Wilmington District. Applicants are required to apply for a consent agreement prior to disposal at these facilities. Requests for consent agreements shall be made to the District Commander, 60 calendar days prior to the first expected dredging event of the year. The agreement will be prepared by the Corps Real Estate Office in Savannah, Georgia, and will be valid for 1 year from date of issue or for one dredging event. Your phone call is sufficient to serve as your request for a consent agreement, and we will work together to process this as timely as possible. There are two fees associated with the processing and execution of the consent agreement. These fees include: (1) a$500 administrative fee, and(2) an $800 monitoring fee. Payment of these fees is required prior to execution of the consent agreement. Checks should be made payable to "FAO, USAED, Savannah." Special terms and conditions to be included in the agreement will include the following: a. The applicant shall schedule onsite pre-work and post-work meetings with the Corps for the dike improvement and dredging operations. b. Two representatives of the Contractor shall be stationed at the disposal site at all times during the dredging operation. c. All work shall be conducted in strict accordance with applicable Department of Army, North Carolina Division of Coastal Management, and North Carolina Division of Water Quality authorizations. -2- d. All equipment and materials, other than dredged rial, must be removed the property within 14 days after completion of the dredging opt ns OCT 2 7 2005 DIVI�I e. Specific dredged material disposal events shall be- WgSW[! J ��rrCoval of the Wilmington District. Requests shall be made to the Wilmington District av tib`nMiect Manager, in writing, 3 weeks in advance of scheduled dredging. The applicant shall identify the expected dredging dates and volume of material to be disposed. Approval of specific disposal requests is dependent on the schedule of activities at the identified disposal facility as well as available capacity. f. The applicant is required to demonstrate that the dredged material to be placed in the disposal facility is not contaminated and is compatible with management plans for the facility. The first step in this process is to submit a grain size analysis report on the material to be dredged. The results of the grain size analysis will, in part, determine the need for any additional chemical testing. At least one composite sample, consisting of at least five grab samples, shall be taken at each major shoaling location at the rate of one composite sample per.10,000 cubic yards of material to be dredged. If the project is maintenance, surface grabs are sufficient. If the project involves new work, grabs for the composite sample must consist of full dredging depth cores. The grain size analysis consists of a minimum of 6 U.S. Standard Sieve Sizes(4, 10, 40, 60, 100, and 200) with a gradation plotted for each composite sample (sample included as enclosure 2). If the grain size analysis indicates that the average amount of the samples passing the No. 200 sieve (i.e., sediment finer than sand) is 10 percent or less, no additional analysis is required. If greater than 10 percent, an evaluation must be completed to provide an initial determination of the probability of contamination of the material to be dredged. We will need the grain size and chemical analysis data before we can complete the processing of your application. Please find enclosures 2 through 4, which describe the required sampling protocol. g. Disposal at facilities constructed and managed by the Wilmington District require payment to the Wilmington District as compensation for utilizing available dredged material disposal capacity and management of the facility. The current compensating disposal fee has been set at $2.50 per cubic yard. Check should be made payable to "FAO, USAED, Wilmington." Pre- and post-construction meetings shall be scheduled by the consent applicant and conducted onsite with the Contractor and a Wilmington District representative prior to disposal of dredged material. -3- h. The consent applicant is required to obtain a letter of consent from the underlying property owner and submit this letter to the Corps. The Corps possesses easement rights for the upland area of Eagle Island; however,the Corp is not the underlying property owner. In many cases the underlying property owner is the State of North Carolina, and you may coordinate your requirements with the State by contacting Ms. Wanda King, (919) 733-4346. Otherwise, ownership information should be available from the County Register of Deeds. If you have any additional questions, please contact me at(910) 251-4709. Sincerely, K�-� Q- 1&'L* Ro ert W. Keistler, P.E. Navigation Project Manager Enclosures 'v w Cam? J ZIs r. -�, a. ,� ��.� Y K �. , i.. �'!' 'YYf 1 - ,.T � � � � �/, � �".. !. A �,4. .� ",ar � .. . '$ _�; _ r �"' ,.. •,A /�.. V 0091, t/W- Environmental Consultants MAILING ADDRESS: SHIPPING ADDRESS: TELEPHONE: P.O. Box 2522 3805 Wrightsville Ave., #14 office (910)452-0001 Wilmington, N.C. 28402 Wilmington, N.C. 28403 fax (910)452-0060 MEMORANDUM To: Jason Dail From: Christian Preziosi Date: 10-11-05 Re: Notification of Jurisdicitonal Determination—Exxon Mobil,South Wilmington Terminal(—8.5ac) Jason: Enclosed is a copy of the Notification of Jurisdictional Determination as provided by the U.S.Army Corps of Engineers for the above referenced site. Attached with this determination is the signed wetland boundary survey(11x17) reflecting the approved jurisdictional wetlands. This determination may be relied upon for a period of up to five years. As you know,the agent(McKim and Creed)are currently working with your office for site permitting. This approved wetland survey is for your use in this effort. Should you have any questions regarding the jurisdictional determination please feel free to contact me either by phone at 910-452-0001 or by email at cpreziosi@lmgroup.net. Thank you, ECEIVE OCT 1220 DIVISION OF Christian Preziosi COASTAL MANAGEMENT Wetland Section Manager encl. AGola NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 31,2005 FAX: 343-2229 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Public Notice - Exxon Mobile Chemical Co., c/o Greg Ferrone Kyle: Please publish the attached Notice in the November 3, 2005 issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and a copy of the invoice to Jaye Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. The phone number is 919-733-2293. Please send the original invoice and a copy of the affidavit for payment to Shaun Simpson at Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7220. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun Simpson Coastal Management Admin. Assistant Enclosure cc: File Copy Doug Huggett Ted Tyndall 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on October 27, 2005. According to said application, Exxon Mobile Chemical Co., c/o Gregg Ferrone proposes to perform maintenance dredging around the shipping/barge berth at 3340 River Road, adjacent to the Cape Fear River, in Wilmington, New Hanover County. A copy of the entire application may be examined or copied at the office Jason Dail of N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, 910-796-7302 during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to November 24, 2005, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. ARi- NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 31, 2005 Exxon Mobile Chemical Co. C/o Greg Ferrone 13501 Houston, TX 77079 Dear Mr. Ferrone: The Division of Coastal Management hereby acknowledges receipt of your application,for State approval for development of the subject property located at 3340 River Road,in Wilmington,New Hanover County. It was received as complete on October 27,2005,and appears to be adequate for processing at this time. You have requested that the application be processed under the Express Review Permitting Program.Under this expedited process,the projected date for making a decision will be around November 27,2005. Please be advised that this project will also require authorization from the US Army Corps of Engineers. The majority of CAMA major permit applications that also require Federal authorization are processed as a joint review under the CAMA Major Permit/Corps of Engineers 291 General Permit process. Under most circumstances,the Federal review of these applications would be after November 27,2005. If the US Army Corps of Engineers does not render a decision on your project by the time a CAMA permit decision can be made,the Division of Coastal Management will render a permit decision on the CAMA Permit only. Should that occur, your project would most likely be processed as an individual permit by the US Army Corps of Engineers. Should you wish to place your project on hold before November 27, 2005, pending the receipt of the Federal decision, the Division of Coastal Management will render a decision once the Federal comments are received. NCGS 113A-119(b)requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a"Notice of Permit Filing"postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from River Road. Some examples would be:Nailing the notice card to a telephone pole or stake along the road right-of-way fronting your property. Failure to post this notice could result in an incomplete application. Sincerely, as Dail DCM Express Permit Coordinator cc: Doug Huggett, DCM Ted Tyndall, DCM Henry Wicker, COE 127 Cardinal Drive Extension,Wilmington,North Carolina 28405-3845 Phone:910-796-7215\Fax:910-395-3964\Internet:http://nccoastaImanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper 4 CAMA PERMIT APPLlrm=- F PROJECT: '*�Q O LOW 94 WAIII100SAAAm..... ;n Alw lkm&� Co�" !!V-w 41 OF CC COMMENTS ACCEPTED THROUGH ✓ Z� a.5 APPLICANT: FOR MORE DETAILS CONTACT �1 TH E,� KERT OFFICER ELO )rf4ht f44A i ��+ ei :Il �3�sz �sr� :♦ �4��) �t • � 3e Z SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature � /6M rl,� aclb item 4 if Restricted Delivery is desired. X /(� �'�2/ ❑Agent /,G� ■ Print your name and address on the reverse �J / ❑Addressee (ice Q(�r . I� "LC1 St that we Can return the the Card to you. B_ Received by(Printed Name) C. Date of Delivery ■ Attach this card to the pack of the mailpiece, OQ�S i� or on the front ifs ace permits. D. Is delivery address different from item 1? El Yes 1. Article Addressed to: If YES,enter delivery address below: 15�:KNo =fir L,v I L (trk I IV, l(A, IV 3. ,,S.....e,rv``iceType ► 6.rtified Mail ❑ Express Mail ❑ Registered El Return Receipt for Merchandise 3530 wio CC r K ❑ Insured Mail ❑ C.O.D. ' 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7009 0960 0000 0875 8852 (Transfer from service labe., - ---- PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 •ER: COMPLETE THIS SECTION • • ON DELIVERY ■ Complete items 1,2,and 3.Also complete 7B. Received tu r item 4 if Restricted Delivery is desired. ❑A t" ■ Print your name and address on the reverse dressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, by(Printed Name) C. or on the front if space permits. ei) (ZA,�tSE`l; 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑ No NAN s3 5 LW\ftAL� N C 2�4 it 74Restricted ice Type ertified ail ❑ Express Mail egisteDMelivery?(Extra d ❑ Return Receipt for Merchandise suredail ❑ C.O.D. Fee) ❑Yes 2. Article Number (rransfer from service h 7009 0960 0000 0875 8845 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Postal �• CERTIFIED V7 (Domestic Mail I No Coverage • • ••• rl_I •� I • • .. • .-• ,I- U-) CO • , , • co Cc CO Postage $ '1.Jcf IJ40E f` Postage $ $1•?,4 040L O CO Certified Fee $2.813 01 [:1 Certified Fee iIt O Return Receipt Fee Postmark E3 Postmark $2.30 Here p Return Receipt Fee �t� C3 (Endorsement Required) (Endorsement Required) Q. • Here O tM Restricted Delivery Fee O Restricted Delivery Fee (Endorsement Required) $0.00 (Endorsement Required) $0.1)0 O �1' O oTotal Postage& a \\ Tn-_ 15` Total Postage&Fees $ •. %tl ll_t ' Sent To ICY 71 w�� �e�I GQr' yt� ent o 20- --- -P O Street.Apt.No.;1" i ap -� - O Street A tL.No.; Gq1 ( ...__.. E3 or PO Box No. ,�1 �. 0 O or PO Box No. "1 0 vot f* •- _ --- f' 1 Cdy,State, �?+i 1. •r '2 G- ( �C7 City Stale,ZAP ti I! .. .. �; i t `� ,0v 2 (Z PS Form 3800.August 2006 See Rpvcrse for Itisir-u7tioli PS Form 3800,August 2006 COMPLETE • ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the car >� C. Sig t ■ Attach this card to the back —aQ_dN Agent or on the front if space permits. J O NC Addressee 1. Article Addressed to: Is deliv a ifferent from item 1? ❑Yes LgG�E rGL-Am Goo* , nt el ry address below: ❑ No ' 33v RN ER, 90A6 ` W1LM11Viii pN, ZA qr, 9k 3. Service Type ffi(Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) `7 - 3Z7"0 00 3'j PS Form 3811,July 1999 Domestic Return Receipt 102595.00-M-0952 COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also Complete A. Received by(Please Print Clearly) B. 7D�fel/E item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. signature ■ Atta-ch this card to the back of the mailpiece, X vUf &4�h ❑Agent or on the front if space permits. i ❑Addressee s delivery address different from iteol,46 ❑ Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No NA-f Iowa.-oPsv vy co. %3� SONVALC bRrvr VVIr_MING oN, SIC- e i T Certified Mail ❑ Express Mail ,f �� l QF❑ eceipt for Merchandise R�Iurgt COAS estricted Delivery?(Extra ❑ Yes 2. Article Number(Copy from service label) "70g9 - 32ti0 ODOR PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 10 P^a n,�.•`;.. y..• d.•1. Vg w ;,sty�i3 t• `,,�.�.i. , R l 20 CpAs Div 1s10N OF THIS DEED made this nth day of ;'M! N,t�'Q by S, CONY-VACUU`J OIL COMPANY, INCORPORATED, a Neu York corps 3 Lion having its office and principal place of business at 26 Broadway, in the Borough of Manhattan, City, County and state of New York, party of the first part, to THE AAERICA14 OIL COM' A',Y, a corporation duly organized under the laws of the State of Maryland and having its office and principal place of business in the American Building at Baltimore, 'darylanfi, party of she second part. r, I T N E S S E T H : That the said party of the first part In consideration of ^rl ''urdred (£1:10.00) Dollars to it paid by the said party of �. the second part, the receipt of which Is hereby acknoale^ged, . has bargained and sold, and by these presents does bargain, sell and convey, unto the said Tarty of the second part, its successors and assigns, several parcels of real estate and property situated lying and being In 13asonboro Townshipt County of New Hanover and State of North Carolina adjoining lands now or formerly of A. 7. VcKoy and more particularly bounded and described As follows: PARCEL I All that parcel or tract of land located on the easterly line of River Road in Masonboro Township, County of Now Hanover and State of North Carolina, consisting of thirty and one-tenth (30.1) acres, more particularly described as followsr BEGINNING at an iron angle driven on the East side of the concrete foundation for the southwest corner post of the Atlantic Refining Company's fence, and is also in the eastern line of a forty (401) foot right of way for the Atlantic Coast Line Rail- road Company's spur track) and is South eighty-five degrees forty six minutes Fast (S 850 4a' E) ninety-two and three tenths (92.3' feet from a stone marked "S" located in the western line of a sixty (609 foot right of way for the River Road and said stone marked "S" is also near the northeast corner of Road, Socony-Vacuum Oil Company's fence and �• and said beginninng� is also North eighty-five degrees forty-six mxnutea iest (H 850 &6' W) two hundred seventy- :one (2711) feet from another stone marked "S" The beginning iron angle and the two stones marked "S" are in the southern line of the Atlantic Refining Company's property and in the northern line of the property purchased from the Atlantic Refin- ing Company by the Socony-Vacuum Oil Company; thence from the beginning South eighty-five degrees forty-six minutes East (S 850 46' E) passing through a stone marked "S" at distant two hundred seventy-one (2711) feet. and iron pipes at distances seven hundred sixteen anc rive-centna (716.5') feet, one thou- sand four hundred (19400') feet and one thousand eighty hundred (1,8001) feet a total distance of two thousand two hundred seventy-one 2 1' fe.t to. a stone ••rked "S" in the line of lands now or ormer y o3'_Fhe Housing Authority; thence South eleven degrees thirty-nine minutes East (S 110 39' E) four hun- dred fifteen and two tenths 141 2' feet to a stone marked "S", In the northerly line of lands now or ormerly of m. uchoy, said stone is thirty-eight and five tenths (38.5') fert west of one of the Maffitt Village Housing Units; thence South eighty- four degrees fifteen minutes west (S 6+0 151 W) passing through Iron pipes at distances one thousand (10000) feet and two thou- sand (20001) feet for a total distance of two thousand one i i ECKV.9 APR i t 20M hundred fort DIVISION OF In the east=rneline of�the O sixty (Q" �e fiver Road; thence the followln ) 1- nt located g Ay for the eastern right of way line of the River eRoad; thences and cporthUniner1e degrees thirty-one minutes ,�Pst (N p90 nine and three-tenths (279.�') feet to an Iron two hundred seventy- nineteen degrees fourteen n1— n— ,te9 lest (N Iro l�,pep thence North ninety-nine (19 ' feet n an iron 1 °ne hundred three degrees or y-seven minutes WestefNt2enc4 Nort11 twenty- fifteen and six tenths 21 6' 30 7' ',V) two hur:dred tha (_. feet to an Iron pipe located at Intersection of the right o way right of way of the Atlantic Coast Line hailroadrCoviean is the track; thence along the right six degrees We of way of said spur track North tennis spur sex st (N 060 W) one hundred thirty-one arIA seven (111,7') feet to the beginning corner. Together with the appurtenances, and all the right, title and interest of the party of the first part 1n and to land lying In liver Road abutting on said premises to the center line there- of. Rom' ..�I TOGF,TA79 with a ri ht of wa in common with party of the first part, its successors an ass gns for ingress and a ress feet In width more particularly of persons and vehicles over a strip land twenty-five 25 ) bounded and described as followsr BEGINNING at a point in the westerly line of River Road distant forty (401) feet more or less northerly from the point formed by the intersection of the dividing the party of the first part on the north andlne landst now noraformeof r- ly Of A. 'd- UcRoy on the south with the westerly line of River I Road, measured along the westerly line of aiver Road` thence (1) South eighty-four degrees fifteen minutes West (S 848 15' W a distance of seven hundred twenty-five and four-tenths (725.41) fe9t to a point; thence (2) North three ds rees fift t minutes East nine and (N 030 53' E) a distance of three hundred s1xLy- seven tenths (369.71) feet to a point; thence (3) North eighty-four degrees thirteen minutes West (N 840 131 ,W) watertance Of one line of the Cape r'eariRiverixthenee) fleet to the high the high water line of the Cape Year River(a)distance lofa twenty- five four degreeseet more thtrteenor less minutesto a Eastpogn84 thence (5) South eighty- Ong hundred forty-one (141') feet to a 0 13' E) a distance of oath three degrees fifty-three minutes pWest ;(9hO3oe536);y) a dlsta:.ce of three hundred sixty-nine and seven-tenths (369.71) feet to a point; thence (7) North eighty-four degrees fifteen minutes last (S 15' $)Ig a distance of seven hundred fifty- eight and four tenths (758.4� the westerly line of River or less tn A Road if(e Ot thencee(�i) northerly apoint In long the westerly line of River Road a distance of twenty-five (21;1) feet pore or less to the point or place of BEGINNING. I 4� 1 I i3y / IL � J IA CO,q,3 S/ 4f tiA PP PARGXL III 04, ��,, TOGETHER with a right of way and easement over, under , through a strip of land fifteen (151) feet in width, more par- ticularly bounded and described as follows, BEGIN'11ING at a point in the westerly line of River Road distant fifteen (159 feet more or less northerly from the point formed by the intersection of the dividing line between lands of the party of the first part on the north and lands now or formerly of A.M.McKoy on the south with the westerly line of River Road measured along the westerly line of River Road{ thence �1) South eighty-four degrees fifteen minutes West (S 640 15' W) a distance of seven hundred fifty-eight and four-tenths (758.41) feet more or less tot:,point; thence (2) North three degrees fifty- , three minutes East (N 031 53' E) a distance of three hundred p sixty-nine and seven-tenths (369.7') feet to a point; thence (3) North eight;-four degrees thirteen minutes Vest, (N 840 13' W) a distance of one hundred forty-one (1411) feet to the high water line of the Cape Fear River; thence (4) southerly along the high water line of the Cape Fear River a distance of fifteen 15') feet more or less to a point; thence (5) South eighty-four degrees thirteen minutes East (S 840 13' E) a distance of one hundred twenty-six (1261) feet to a point; thence (6� South F three degrees fifty-three minutes West (S 03 53 1) a distance of three hundred seventy-six and seven-tenths (376.71) feet to a point in the northerly line of lards s now or formerly of A. M. McXoy; thence (7) North eighty- four degrees fifteen minutes East (N 840 15' E) along the northerly line of lands now or formerly of A. U. McKoy a distance of seven hundred seventy-three and four-tenths (773.41) feet to a point in the westerly line of River Road; thence (8) northerly along the westerly line of River Road a distance of fifteen (15') feet more or less to the point or place of BEGINNING. for the purposes, from time to time as party of the second part may require of constructing, maintaining and operating not more than six (61 lines of pipe, each not exceeding twelve (12")inches In diameter with such valves and fittings as may be necessary or convenient, for the transportation of petroleum or the products or by-products thereof and, from tl::e to time, altering, enlarg- ing, replacing, repairing and removing the same, including right to cut and fell any brush or trees along the lines of con- struction. Party of the first part for Itself, its successors and assigns reserves the right to fully use and enjoy said pre- mises excep� for the purposes hereinbefore granted and party of the second part hereby agrees to pay any damages which may arise from the laying, maintaining, operating or removing of said pipe lines. p R .Ei• IQ TOGETHER with the free right and passage, in coTmon with party of the first parts its successors and assigns for roads, pipe lines and conduits over or underneath tracks of Atlantic Coast Line Railroad Company to `e constructed and maintained in a manner satisfaoto" to Atlantic Coast Line Railroad Company and to cross the southernmost forty (409 foot portion of said forty (40' foot strip of land conveyed in fee simple by party fdthe firstuly ?� part to Atlantic Coast Line Railroad Company by deed 1946. a '3' 1391 1294 d 4A OgSr1,q �o ?pOS PARC L V All the right, title and interest of the party of lrst part in and to the bed of that part of River Road lying be sen the northerly line of the twenty-five (25') foot right of way and the southerly line of the fifteen (151) foot pipe line ease- ment above described as Parcels II and III respectively, pro- Jected easterly across River Road. 6UBJF..CT to the right of the party of the first part, its successors and assigns, the public and others entitled thereto, to use the same for road and highway purposes. PARCEL VI An undivided one-half Interest In the wharf, walkway and Pipe line trestles extending into the waters of Cape Fear River on the west of and adjoining the party of the first part's re- xaining lands, together with the four (4) breasting dolphins and connecting walkways and the four (4) nineteen pile cluster dolphins and cargo hoses. PARCEL VII TOGETHER with the right and easement, in common with the party of the first part, its successors and assigns, to use the wharf, walkway and pipe line trestles extending into the waters of Cape Fear Siver on the west of and adjoining party of the first part's remaining lands, for the purpose of loading and unloading petroleum and the products or by-products thereof, said easement to include the right to party of the second part to install and maintain, at its own cost and expense, upon said wharf and trestles such pipe lines as party of the second part shall require provided, however, that not more than six (6) pipe lines each not exceeding twelve (12") inches in diameter shall be so installed and maintained by party of the second part. PARCEL VIIZ An undivided one-half interest, as Tenant in com-on with party or the first part, its successors and assigns, in all riparian, littoral, wharfage and aquatic rights and all right, title and interest In and to the land under the waters of the Cape rear diver lying between the extension westerly, from the high Aater line of the Cape Fear RIvnr, of the northerly and southerly lines of party of the first part's remaining property. SUBJECT containedIn the tdeed xdated OAugust 3, 1945tfrom The ions aAtlantic ting reto refining Company to party of the first part and recorded in the Office of the Register of Deeds, County of New Hanover, on October 24, 1945 in Book 368 at page 605. Said premises are conveyed subject too 1, Any state of facts which an accurate survey would dis- close. 2. The easement from party of the first part to Tidewater Power Company dated October 30, 1946 for an electric transmission line, including poles and the necessary wires, etc. which af:'ects the southweat portion of Parcel I, but which provides that no pOle shall be placed more than one (11) foot distant from River Road. 3. The forty (401) foot strip of land conveyed in fee I C i M/OPP MINT simple by party of the first part to Atlantic Coast Line Rail- road Company by deed dated July 2 191+6 which affects the ease- ments hereby conveyed as described in Parcels II and III In that roads, pipe lines and conduits over or underneath tracks of the rallroad are to be constructed and maintained in a manner satis- factory to said railroad. TO HAVE AND TO HOLD the aforesaid tracts or parcels of land and all privileges and appurtenances thereunto belonging to said party of the second part and its successors and assigns forever. And the party of the first part covenants and warrants that ;t has not done or suffered anything whereby the said pre- mises have been encumbered in any way whatever, except as afore- said. The party of the first part hereby agrees and the party of the second part, by the acceptance hereof, also agrees that for and during such period that each of the parties hereto shall hold title to their respective terminal properties at River Road and Cape Fear River, or any part thereof, each party shall have a continuing option to purchase the said terminal property of the other on the basis of any bona fide offer which either party may desire to accept as to its respective property, or any part thereof. The party proposing to make a sale, before accepting any such bona fide offer, shall first give written notice thereof to the other party by registered mail setting forth in detail the amount of the purchase price and all other terms and conditions of such bona fide offer, whereupon the party receiving such notice shall have the exclusive right and option for a period of sixty (60) days from the date of the receipt of such notice to purchase the property which 1s the subject matter of said offer, at the same price and on the same terms and conditions of such bona fide offer. Said mutual options' granted hereunder shall continue in effect until such time as one or the other of the parties hereto shall have disposed of the whole of its respective terminal property after fully com- plying with the provisions of this paragraph with respect to notice to the other party hereto, but upon either party so dis- posing of the whole of its said respective terminal property so located, then all options as to either parties' property hereunder shall thereupon cease and determinel it being further agreed that the respective options granted hereunder shall be limited to the respective parties hereto, their subsidipries and affiliated companies, and shall not enure to the benefit of any purchaser of the whole or any part of said respective properties. IN WITNESS WHEREOF, the said SOCONY-VACUUM OIL COMPANY, INCORPORATED has caused these presents to be signed by a Vice- President and its corporate seal to be hereunto affixed, attested by Its Assistant Secretary this day of 1947. SOCONY-VACUUM OIL COMPANY, INCORPORATED ice President Attests Assistant Secretary 1J51 1296 STATE OF D$W YOU SS t COUNTY OF NEW YORK This is to certify that on the 9th day of 1947 before me personally came A. IILLL >' with whom I an personally acquainted, who, being by me duly sworn[ says that T. SEAL is a Vlce- Prssiaent and i.. f''. I'T"'LL is an Assistant- Secretary of Soeony-Vacuum Oil Companyi Incorporated the cor- poration described in and which executed the foregoing instru- ■entf that he knows the common seal of said corporations that the seal affixed to the fore:oing"instruaent is said common 9eal9 and the name of the corporation was subscribed thereto by said Vice-President and that said Vice-President and lssistant-Secretary mu �soribed their news ther•tot and the con- son seal was affixed, all by order of the Board of Directors of said corporation, and that said instrument is the act and deed of said corporation. Witness s� hand and official seal this 9th. day of " ':er:ber 19�7• F.:i o ary Pn 1 c (;n' J "" L_,kK I S C':>' I. ICi:'P ANNE C. V1rt rc,R NOTARY PUBLIC in the State of Nv. York Residing in Kine3 C­),it) yjn►•e Co.Clk's No.•'Op. It.R.N., 199-P-9 Cert.filed in N.Y.Co.C:k's`o.651, Cert.filedinBneuCo.('Ik•s\o.ad, IA,:X•. 9 CCA.W,d in QoemaCo.Clk'iN,,.J�UG.;: Cot.mission Expires\Iun h O �O X0 yQ0 F2 i THE MOBIL PROPERTY • Exhibit "B" I r ALL THAT CERTAIN piece or parcel of land, SITUATE in Hasonboro Township, County of New Hanover, State of North Carolina, bounded and described in accordance with a survey thereof made by Lawis L. Merritt, C. E. , dated March, 1945, as follows: BEGINNING at the point marked by a concrete marker set on the easterly aide of the Cape Fear River in the north line of lands now or formerly of A. M. McKoy and running thence North eighty- four degrees fifteen minutes East (N-84°15 'E. ) along said north lino of VcKoy a distance of three thousand and one feet (3,001t ) to a point marked by an iron pipe] thence North eleven degrees thirty-nano minutes west ( N.11°39 �W. ) along the westerly line of lands of the Housing Authority a distance of four hundred fifteen and two tenths feet (415.2t ) to a point marked by an iron pipe ; thence North eighty-five degrees forty-six minutes writ (N.850 46fW. ) along a line parallel with the northerly line of The Atlantic Refin- ing Company's land a distance of three thousand forty and eight tenths feet (3,040.8' ) to a point marked by an iron pipe, thence along the cohtinuation of said last mentioned course to the high- water line in the Cape Fear River; thence Southerly along said high-water line a distance of nine hundred seventy-four feet (9741 ) more or less to a point in the said northerly line of A. M. mcKoy extended westerly on a course ,South eighty-four degrees fifteen minutes ''lest S.84015fW. ; thence North eighty-four degrees fifteen minutes East (N.84°151E. � to the point or place of beginning. • CONTAINING forty-six and five hundredths (46.05) acres of land. LESS P'ID ryCFnm TTTP T,�'.'1D DE:SCDTBED F,XF_TBT_. A 0.7 !^TTTC nFj,��cr APR 1 12005 rOASTA�MAON OF NAGEMENT