20170867 Ver 2_CAMA Application_20220223

miri, TETRA TECH
November 30, 2021
Greg Currey
Wilmington District
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Project: Kinder Morgan North 6t' Street Facility
Re: Section 10 and 404 Individual Permit Application
Dear Mr. Currey:
Please find enclosed an Individual Permit application to complete jetting and agitation dredging to restore and
maintain safe vessel operating depths of the berthing basin at the Kinder Morgan North 6th Street Facility. The
facility is located on the Northeast Cape Fear River just north of the Hilton Bascule railroad crossing bridge.
Portions of the berthing basin line within the federal navigable channel, and the applicant seeks to obtain Section
10 and Section 404 permits as necessary to complete the proposed action. Natural riverine sedimentation occurs
within the berthing basin, and overtime deposition of this material precludes safe operational depths within the
basin.
The applicant proposes to complete the maintenance dredging activities during the primary dredging period of
November 1 to January 31 to avoid impact to manatees, sea turtles and sturgeon spawning season. Any
dredging activities outside of this window will be completed only with prior approval from regulatory agencies.
Currently, the facility is performing dredging activities under USACE Permit ID SAW-1988-00516 (expiration
December 31, 2021), NCDWR Permit#GC4097 (expiration May 30, 2022), and NCDEQ Permit#255.88
(expiration May 30, 2022). The USACE ENG 4345 Form, current federal and state permits, recent pre and post-
survey bathymetric exhibits, and environmental support document are included with this application.
We request that copies of the issued permit be sent to the following addresses:
Kinder Morgan Terminals— North 6th Street Facility
c/o Darren Goodman
2005 North 6th Street
Wilmington, NC 28401
Tetra Tech
c/o Chris Kul
620 Lake Stone Circle
Ponte Vedra Beach, FL 32082
Tetra Tech, Inc.
620 Lake Stone Circle Ponte Vedra Beach, Florida 32082
tetratech.com

Should you have any questions, please do not hesitate to contact me at 203-823-1254 or [e-mail]
Sincerely,
Tetra Tech
Chris Kul
Project Manager
Enc: Appendix A— U.S. Army Corps of Engineers ENG Form 4345
Appendix B—Current USACE, NCDWR, and NCDEQ Permits
Appendix C— Recent Bathymetric Surveys
Appendix D— Environmental Support Document
TETRA TECH

APPENDIX A
ENG FORM 4345

U.S. ARMY CORPS OF ENGINEERS
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO EXPIRES:
EXPIRES:28 FEBRUARYRY 2013013
33 CFR 325.The proponent agency is CECW-CO-R.
Public reporting for this collection of information is estimated to average 11 hours per response,including the time for reviewing instructions,searching
existing data sources,gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding
this burden estimate or any other aspect of the collection of information,including suggestions for reducing this burden,to Department of Defense,
Washington Headquarters, Executive Services and Communications Directorate,Information Management Division and to the Office of Management and
Budget, Paperwork Reduction Project(0710-0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be
subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT
RETURN your form to either of those addresses, Completed applications must be submitted to the District Engineer having jurisdiction over the location of
the proposed activity.
PRIVACY-AGT—TATEMENT-- --
Authorities:Rivers and Harbors Act,Section 10,33 USC 403;Clean Water Act,Section 404,33 USC 1344;Marine Protection,Research,and Sanctuaries
Act,Section 103,33 USC 1413;Regulatory Programs of the Corps of Engineers;Final Rule 33 CFR 320-332. Principal Purpose:Information provided on
this form will be used in evaluating the application for a permit. Routine Uses:This information may be shared with the Department of Justice and other
federal,state,and local government agencies,and the public and may be made available as part of a public notice as required by Federal law. Submission
of requested information is voluntary,however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set
of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application(see
sample drawings and/or instructions)and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application
that is not completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE(agent is not required)
First Darren Middle- Last- Goodman First- Chris Middle- Last- Kul
Company- Kinder Morgan Company- Tetra Tech
E-mail Address-darren [e-mail] E-mail [e-mail]
6. APPLICANT'S ADDRESS: 9. AGENT'S ADDRESS:
Address- 2005 North 6th Street Address- 620 Lake Stone Circle
City- Wilmington State- NC Zip- 38401 Country-USA City- Ponte Vedra State- FL Zip_ 32082 Country-USA
7. APPLICANT'S PHONE NOs.w/AREA CODE 10. AGENTS PHONE NOs.w/AREA CODE
a. Residence b. Business c. Fax a. Residence b. Business c. Fax
910 7628588 203 823 1254
STATEMENT OF AUTHORIZATION
11. I hereby authorize, Chris Kul to act in my behalf as my agent in the processing of this application and to furnish,upon request,
supplemental information in support of this permit application.
044— •--�-- 11/29/21
SIGNATURE OF APPLICANT DATE
NAME,LOCATION,AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE(see instructions)
North 6th Stree Maintenance Dredge
13. NAME OF WATERBODY, IF KNOWN(if applicable) 14. PROJECT STREET ADDRESS(if applicable)
North Cape Fear River Address 2005 North 6th Street
15. LOCATION OF PROJECT
Latitude:oN 34.26 Longitude:oW 77941 City- Wilmington State- NC Zip- 28401
16. OTHER LOCATION DESCRIPTIONS,IF KNOWN(see instructions)
State Tax Parcel ID B200090152 Municipality Wilmington
Section- Township- Range-
ENG FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3

17. DIRECTIONS TO THE SITE
From US Army Corps of Engineers Wilmington Office,Take Darlington Ave to Market Street. Turn left on Market Street.Turn right on
Rankin St.Continue on Rankin St then take a right onto McRae St.to North 6th St.
18. Nature of Activity(Description of project, include all features)
sheapplieant_propoxes_the use of jetting and/or agitation dredging to maintain an existing shipping berth within the North Cape Fear__
River,Wilmington,New Hanover County,North Carolina. The applicant is required to retain a basin depth of 32ft to maintain safe
operations for vessels.
19. Project Purpose(Describe the reason or purpose of the project,see instructions)
The applicant currently operates a shipping facility at the project location and must retain a basin depth of 32ft to maintain safe operations
for vessels.Natural sediment deposition has reduced berthing depths such that normal safe operations for vessels are precluded.
The applicant proposes the use of jetting and/or agitation dredging to restore and maintain depths of 32ft. Mechanical jetting and/or
agitation dredging will be completed via a sled or I-beam or jetting equipment along the bottom sediments by a tug boat or similar
vessel. The sled or beam or jet shall be pulled along the length of the basin at the substrate line during ebb tides to facilitate resuspension
of accumulated sediments and restoration of required depths.
USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s)for Discharge
Discharge of accumulated river bottom sediments via resuspension is required to restore and maintain safe operating depths within the
facility.
21. Type(s)of Material Being Discharged and the Amount of Each Type in Cubic Yards:
Type Type Type
Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards
silt approx 5,500
22. Surface Area in Acres of Wetlands or Other Waters Filled(see instructions)
Acres
or
Linear Feet
23. Description of Avoidance,Minimization,and Compensation(see instructions)
See Environmental Support Document
ENG FORM 4345, OCT 2012 Page 2 of 3

24. is Any Portion of the Work Already Complete?Dies []No IF YES, DESCRIBE THE COMPLETED WORK
25. Addresses of Adjoining Property Owners,Lessees,Etc.,Whose Property Adjoins the Waterbody(if more than can be entered here,please attach a supplemental list).
a.Address- Mirth Creek Boatyard Inc 107 Northern BLV
City- Wilmington State- NC Zip- 28401
b.Address- Cape Fear Public Utility Authority 235 Government Center Drive
City- Wilmington State- NC Zip- 28401
c.Address-
City- State- Zip-
d.Address-
City- State- Zip-
e.Address-
City- State- Zip-
26. List of Other Certificates or Approvals/Denials received from other Federal,State,or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL* IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED
NUMBER
USACE IP SAW-1988-00516 Jan 22,2018
NCDWR 401 GC4097 August 30,2017
NC Major Development 255-88 Jan 18,2018
*Would include but is not restricted to zoning,building,and flood plain permits
27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is
complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the
applicant.
11.30.21
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The Application must be signed by the person who desires to undertake the proposed activity(applicant)or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that:Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false,fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitious or
fraudulent statements or entry, shall be fined not more than$10,000 or imprisoned not more than five years or both.
ENG FORM 4345, OCT 2012 Page 3 of 3

APPENDIX B
CURRENT USACE/NCDWR/NCDEQ PERMITS

�r�T of DEPARTMENT OF THE ARMY
g��� //v, WILMINGTON DISTRICT,CORPS OF ENGINEERS
w/ \\ x 69 DARLINGTON AVENUE
a �i rr WILMINGTON,NORTH CAROLINA 28403-1343
Ga'd '4". P January 22, 2018
S>A7E5 OE W
Action ID No. SAW-1988-00516; Kinder Morgan Terminal AMD
Mr. Michael Oktavec
Kinder Morgan
2005 North 6th Street
Wilmington,North Carolina 28401
Dear Mr. Oktavec:
Reference your application for a Department of the Army permit modification to perform
agitation maintenance dredging also known as sled or I-beam dragging,to maintain existing
shipping berths located at 2005 North 6th Street,within the Cape Fear River, Wilmington,New
Hanover County,North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction
activities that receive authorization from the State of North Carolina. Therefore, you may
commence construction activity in strict accordance with applicable State authorization and the
attached Federal special conditions. Please pay particular attention to the reporting and surveying
requirements under Navigation Conditions in the attached Special Conditions. Failure to comply
with the State authorization or conditions of the Federal permit could result in civil and/or
administrative penalties.
This modification authorizes agitation maintenance dredging in 0.73 acre of navigable
waters for the maintenance of an existing shipping berth. Dredging depths will not exceed-32
feet below the mean low water elevation. This verification does not authorize jet scour dredging.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason,plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified. Your Department of the Army permit will expire on December 31, 2021.

Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
Tyler Crumbley
Regulatory Project Manager
Enclosures:
Special Conditions
CAMA Permit
GP 291 conditions
AMD Plans
Copy furnished with enclosures:
Mr. Jonathan Oravetz
Kleinfelder
8933 Western Way, Suite 12
Jacksonville, Florida 32256
Copies furnished without enclosures:
Dr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Dr. Ken Riley
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
' Beaufort,North Carolina 28516
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environmental Quality
400 Commerce Avenue
Morehead City,North Carolina 28557-3421
2

Ms. Debra Wilson
Division of Coastal Management
North Carolina Department of
Environmental Quality
127 Cardinal Drive
Wilmington,North Carolina 28405
Ms. Karen Higgins
Division of Water Quality
North Carolina Department of
Environmental Quality
1650 Mail Service Center
Raleigh,North Carolina 27699-1650
Mr, Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh,North Carolina 2763.6-3726
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
BOSN3 Mr. Scott McAloon
United States Coast Guard
Sector North Carolina Waterways Management
2301 E. Fort,Macon Rd
Atlantic Beach,North Carolina 28512
Ms. Heather Coats
Division of Coastal Management
North Carolina Department of
Environmental Quality
127 Cardinal Drive
Wilmington,North Carolina 28405
Mr. Chad Coburn
Division of Water Resources
North Carolina Department of
Environmental Quality
1.27 Cardinal Drive
Wilmington,North Carolina 28405
3

Special Conditions
SAW-1988-00516 - Oktavec
AMD Modification
1. All work authorized by this permit must be performed in strict compliance with the attached plans,
which are a part of this permit. Any modification to these plans must be approved by the U.S. Army
Corps of Engineers, Wilmington District(USACE)prior to implementation.
2. Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or
maintenance of this project,within waters or wetlands. This permit does not authorize temporary
placement or double handling of excavated or fill material within waters or wetlands outside the
permitted area. This prohibition applies to all borrow and fill activities connected with this project.
3. All mechanized equipment will be regularly inspected and maintained to prevent contamination of
waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a
spill of petroleum products or any other hazardous waste,the permittee shall immediately report it to the
N.C. Division of Water Quality at [phone], Ext. 526 or(800) 662-7956 and provisions of the
North Carolina Oil Pollution and Hazardous Substances Control Act will be followed.
4. If the permittee discovers any previously unknown historic or archeological remains while
accomplishing the authorized work,he will immediately notify USACE who will initiate the required
coordination procedures.
5. The pennittee shall require its contractors and/or agents to comply with the terms and conditions of
this permit in the construction and maintenance of this project, and shall provide each of its contractors
and/or agents associated with the construction or maintenance of this project with a copy of this permit.
A copy of this permit, including all conditions, shall be available at the project site during construction
and maintenance of this project.
6. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before
completion of the work will,without expense to the United States and in such time and manner as the
Secretary of the Army or his authorized representative may direct,restore the water or wetland to its pre-
project condition.
7. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the
Rivers and Harbors Act must be reported in writing to USACE within 24 hours of the permittee's discovery
of the violation.
4

Navigation Conditions
8. The authorized activity must not interfere with the public's right to free navigation on all navigable
waters of the United States. No attempt will be made by the permittee to prevent the full and free use by
the public of all navigable waters at or adjacent to the authorized work for reason other than safety.
9. The permittee shall assign a permanent maintenance dredging point of contact (POC) for the
authorized berth facility (i.e., Berth POC) and shall submit the name,phone number,mailing address,
and email address of the Berth POC to USACE within 30 days of the date of permit issuance. The
permittee shall notify USACE of any change in the Berth POC. USACE Navigation and Regulatory
POCs are listed below. The preferred method of information exchange, dredging request, report
submissions, etc., is electronic.
U.S. Army Comps of Engineers
Operations Division,Navigation Branch
Attention: Chief of Navigation
69 Darlington Avenue
Wilmington,North Carolina 28403
[phone]
[e-mail]
U.S. Army Corps,of Engineers
Regulatory Division,
Attention: Tyler Crumbley
69 Darlington Avenue
Wilmington,North Carolina 28403
[phone]
Tyler.Crurnbley a,usace.army.mil
10. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N
CS261, 1315 E West HWY-RM 7316, Silver Spring,MD 20910-3282 at least two weeks prior to
beginning work and upon completion of work.
11. The permittee is only authorized to use agitation dredging in the identified berth/slip for the removal
of accumulated sediments to maintain the facility at its authorized depth by dragging an I-beam or other
similar device for the purpose of re-suspending accumulated sediment.
12. At least 7 days in advance of a planned maintenance dredging event, the permittee shall provide the
Navigation POC with copies of the before dredging surveys/maps of the berth/slip and adjacent Federal
channel(s) in order to obtain Corps approval. The permittee will be informed whether the proposed
dredging can be conducted as scheduled and that proposed dredging events may be subject to
postponement or modification. The permittee shall be responsible for resolving scheduling conflicts.
13. The following harbor conditions will be considered by the Navigation POC when scheduling a
dredging event, and may result in event postponement and/or modification:
5

a. An approved or ongoing dredging event is within 3000' upstream or downstream of a
berth where an agitation dredging event is proposed.
b. Agitation dredging in any berth that is located within 2000' upstream or downstream of a
shoal in the Federal channel.
c. Ongoing or scheduled dredging in the Federal channel within 5000' upstream or
downstream of a berth where an agitation dredging event is proposed.
14. The permittee shall perform required hydrographic surveys in accordance with criteria and
procedures contained in the"US Army Corps of Engineers Hydrographic Surveying Manual,"EM
1110-2-1003. Required hydrographic surveys shall be provided to Navigation POC as plan views and
shall include the shoreline and berthing facilities, stationed to match the USACE conducted surveys.
15. The permittee shall conduct a hydrographic survey of the berth/slip no more than 15 days before
and no more than 7 days after each maintenance dredging event. An event includes all maintenance
dredging work performed during one or more ebb tides, in the accomplishment of one maintenance
dredging cycle. In instances where a post dredging survey is not performed within 7 days of completing
the dredging event,the permittee shall calculate the volume of material dredged by using the pre-event
survey and the authorized berth depth(i.e.,USACE will assume that the berth was dredged to it
authorized depth). At least 24 hours prior to conducting the before and after dredging hydrographic
surveys,the permittee will notify the Navigation POC of the scheduled survey, in the event USACE
would also like to run a comparable survey at the same time.
16. The permittee shall also conduct a hydrographic survey of the Federal channel before and after
every agitation event of a slip. Channel surveys shall be performed no more than 15 days before and
within 7 days of completing the dredging event. Surveys are required of the Federal channel for a
distance of approximately 2000' downstream and 1000' upstream of the point where dredging occurred.
The permittee is required to survey the entire width of the Federal channel.
17. Reporting. Within 20 days of the completion of an approved dredging event,the permittee shall
submit the following minimum information to the USACE Regulatory and Navigation POC:
a. Berth location and authorized depth
b. Dredging begin and end date(s) and time(s)
c. Calculated volume of material removed from berthing facility/slip(s)
d. Copies of both pre and post dredging hydrographic survey sounding data(XYZ) and map of
the berth/slip(s)in DWG,DGN or PDF format.
e. Copies of both pre and post dredging hydrographic survey sounding data(XYZ) and map of
the adjacent Federal channel(s)in DWG,DGN, or PDF format.
18. To obtain approval from the Navigation POC to conduct a maintenance dredging event,the
permittee must be in compliance with all permit conditions including the reporting requirements listed in
Special Condition 17. Failure by the permittee to maintain accurate maintenance dredging
documentation, and to submit accurate and timely dredging information will result in disapproval by the
6

Navigation POC of a request to conduct a maintenance dredging event. If the peianittee is found to be
non-compliant with reporting requirements,the Navigation POC will not grant approval for a requested
maintenance dredging until after the permittee has posted delinquent reporting requirements and is
found to be compliant with all permit conditions.
19. As determined by the District Engineer, any accumulated sediment in the federal channel caused by
the agitation dredging activities shall be removed by the permittee if the accumulated sediments are
determined to interfere with navigation.
EFH Conditions
20. Agitation dredging shall not be allowed within a berth when agitation dredging is concurrently
ongoing within another berth that is less than 5,000 feet away.
21. All requests for agitation dredging outside the period October 1 to January 31 shall be coordinated
with NMFS and shall include an explanation as to why the dredging could not be conducted within the
sturgeon and anadromous fish work windows (October 1 to January 31), and shall provide additional
measures that will be taken to ensure impacts to fishery resources are minimal.
22. Agitation dredging shall only be conducted during outgoing/falling tides.
ESA Conditions
23. All in-water work must be conducted outside the Atlantic and Shortnose sturgeon moratoria dates
from February 1 to September 30.
24. In order to further protect the endangered West Indian Manatee, Trichechus manatus,the applicant
must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements therein. The guidelines can be found at https:/1www.fws.gov/nc-es/mammal/manatee.html
End Special Conditions
7

raL
CCCCC::C%.'�7:�:CC:74::741F+.L�.C}C P9}C7}C CC
Permit Class Permit Number
MODIFICATION/MAJOR 255-88
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
trinut
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Kinder Morgan Terminals Inc., 2005 N. 6th Street, Wilmington, NC 28401
NT4 Authorizing development in New Hanover County at the Northeast Cape Fear River, immediately
upstream of RJR bridge,Wilmington, as requested in the permittee's application dated 5/30/17,incl. attached
workplan drawing(1), 1 of 1, dated 6/27/17.
This permit, issued on January 18,2018 , 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.
Agitation Dredging
I
1) Unless specifically altered herein, this Major Modification authorizes the change in methodology to
allow for agitation dredging to the previously authorized excavation depth to -32 feet below the normal
low water level. This Major Modification does not authorize an increase in the previously authorized
dredge footprint. In no case shall the depth of agitation dredging exceed the depth of connecting waters.
2) In order to protect juvenile shrimp and finfish resources, no excavation will be permitted between the
dates of February 1 and September 30 of any year without the prior approval of the North Carolina
Division of Coastal Management and U.S. Army Corps of Engineers, in consultation with the
appropriate resource agencies.
zh.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the
zif
qualified persons within twenty(20)days of the issuing date. Chairman of the Coastal Resources Commission.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance. 0-144- , 1
An maintenance work or project modification not covered lr
y �2 Braxton C. Davis, Director
hereunder requires further Division approval.
Division of Coastal Management
All work must cease when the permit expires on
This permit and its conditions are hereby accepted.
May 30, 2022
in issuing this permit,the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee
1

Kinder Morgan Terminals Inc. Permit No. 255-88
•
Page 2 of 5 IADDITIONAL CONDITIONS
k. 3) Agitation dredging shall only be conducted during outgoing/falling tides.
Maintenance Clause -
4) The Division of Coastal Management will 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. .
4 c. A copy of the original permit plan(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
_-1 to be removed.
d. The date of plan revision and the permittee's signature shown anew on the original plan. •
US Army Corps of Engineers Conditions- General 4;:
I5) Except as authorized by this permit or any USACE approved modification to this permit, no excavation,
fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance
5;7 of this project, within waters or wetlands. This permit does not authorize temporary placement or
double handling of excavated or fill material within waters or wetlands outside the permitted area. This
prohibition applies to all borrow and fill activities connected with this project. ,
4
6) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before
completion of the work will, without expense to the United States and in such time and manner as the
Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre-
* .
project condition.
` f 7) Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers
k
Wand Harbors Act must be reported in writing to USACE within 24 hours of the permittee's discovery of the
violation.
4e US Army Corps of Engineers Conditions-Navigation
t # 8) The authorized activity must not interfere with the public's right to free navigation on all navigable
4 waters of the United States. No attempt will be made by the permittee to prevent the full and free use by
the public of all navigable waters at or adjacent to the authorized work for reason other than safety.
1
ref
end
p k:
". .—
iiii. , 44+4-54-43i-04-4h 4+4-4 4{WC<e 7 4 4 47 4

; g',
Kinder Morgan Terminals Inc. Permit No. 255-88
Page 3 of 5
ADDITIONAL CONDITIONS .'=+
9) The permittee shall assign a permanent maintenance dredging point of contact (POC) for the authorized
berth facility (i.e., Berth POC) and shall submit the name, phone number, mailing address, and email
address of the Berth POC to the Wilmington District, U.S. Army Corps of Engineers (USACE) within
41 30 days of the date of permit issuance. The permittee shall notify the USACE of any change in the Berth
POC. Corps' Navigation and Regulatory POCs are listed below. The preferred method of information
A exchange, dredging request, report submissions, etc., is electronic.
rli'l
U.S. Army Corps of Engineers
Operations Division,Navigation Branch
._t- Attention: Chief of Navigation '
69 Darlington Avenue
,''.
4 Wilmin ton,North Carolina 28403
i g
[phone]
[e-mail]
U.S. Army Corps of Engineers
Regulatory Division,
—
1{ Attention: Tyler Crumbley
69 Darlington Avenue
► Wilmington,North Carolina 28403 h`';
[phone]
[e-mail]
4‘`+ 10) The permittee is only authorized to use agitation dredging in the identified berth/slip for the removal ofti ;r,
accumulated sediments to maintain the facility at its authorized depth by dragging an I-beam or other
similar device for the purpose of re-suspending accumulated sediment.
.• 11) The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, h
4 1315 E West HWY- RM 7316, Silver Spring, MD 20910-3282 at least two weeks prior to beginning
work and upon completion of work.
12) At least 7 days in advance of a planned maintenance dredging event,the permittee shall provide the
Navigation POC with copies of the before dredging surveys/maps of the berth/slip and adjacent Federal
channel(s) in order to obtain Corps approval. The permittee will be informed whether the proposed
dredging can be conducted as scheduled and that proposed dredging events may be subject to
postponement or modification. The permittee shall be responsible for resolving scheduling conflicts.
0,, 13) The following harbor conditions will be considered by the Navigation POC when scheduling a dredging
event, and may result in event postponement and/or modification:
a. An approved or ongoing dredging event is within 3000' upstream or downstream of a berth
where an agitation dredging event is proposed.
b. Agitation dredging in any berth that is located within 2000' upstream or downstream of a shoal
in the Federal channel.
i c. Ongoing or scheduled dredging in the Federal channel within 5000' upstream or downstream of
a berth where an agitation dredging event is proposed. r--
1

Kinder Morgan Terminals Inc. Permit No. 255-88
Page 4 of 5
ADDITIONAL CONDITIONS
14) The permittee shall perform required hydrographic surveys in accordance with criteria and procedures
contained in the "US Army Corps of Engineers Hydrographic Surveying Manual,"EM 1110-2-1003.
Required hydrographic surveys shall be provided to Navigation POC as plan views and shall include the
shoreline and berthing facilities, stationed to match the USACE conducted surveys.
15) The permittee shall conduct a hydrographic survey of the berth/slip no more than 15 days before and no
more than 7 days after each maintenance dredging event. An event includes all maintenance dredging
work performed during one or more ebb tides, in the accomplishment of one maintenance dredging
cycle. In instances where a post dredging survey is not performed within 7 days of completing the
dredging event, the permittee shall calculate the volume of material dredged by using the pre-event
survey and the authorized berth depth (i.e., USACE will assume that the berth was dredged to its
authorized depth). At least 24 hours prior to conducting the before and after dredging hydrographic
surveys, the permittee will notify the Navigation POC of the scheduled survey, in the event USACE
would also like to run a comparable survey at the same time.
16) The permittee shall also conduct a hydrographic survey of the Federal channel before and after every
agitation event of a slip. Channel surveys shall be performed no more than 15 days before and within 7
days of completing the dredging event. Surveys are required of the Federal channel for a distance of
approximately 2000' downstream and 1000' upstream of the point where dredging occurred. The
permittee is required to survey the entire width of the Federal channel.
US Army Corps of Engineers Conditions-Reporting
17) Within 20 days of the completion of an approved dredging event, the permittee shall submit the
following minimum information to the USACE Regulatory and Navigation POC:
a. Berth location and authorized depth
b. Dredging begin and end date(s) and time(s)
c. Calculated volume of material removed from berthing facility/slip(s)
d. Copies of both pre and post dredging hydrographic survey sounding data (XYZ) and map of the
berth/slip(s) in DWG, DGN or PDF format.
e. Copies of both pre and post dredging hydrographic survey sounding data(XYZ) and map of the
adjacent Federal channel(s) in DWG, DGN, or PDF format.
18) To obtain approval from the Navigation POC to conduct a maintenance dredging event, the permittee
must be in compliance with all permit conditions including the reporting requirements listed in Special
Condition 17. Failure by the permittee to maintain accurate maintenance dredging documentation, and
to submit accurate and timely dredging information will result in disapproval by the Navigation POC of
a request to conduct a maintenance dredging event. If the permittee is found to be non-compliant with
reporting requirements, the Navigation POC will not grant approval for a requested maintenance
dredging until after the permittee has posted delinquent reporting requirements and is found to be
compliant with all permit conditions.
19) As determined by the District Engineer, any accumulated sediment in the federal channel caused by the
agitation dredging activities shall be removed by the permittee if the accumulated sediments are
determined to interfere with navigation.

Kinder Morgan Terminals Inc. Permit No. 255-88
} Page 5 of 5
ADDITIONAL CONDITIONS
•
f
US Army Corps of Engineers Conditions-EFH
20) Agitation dredging shall not be allowed within a berth when agitation dredging is concurrently ongoing
`.: within another berth that is less than 5,000 feet away. '
d
,, US Army Corps of Engineers Conditions-ESA 11 21) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
G¢ implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all
_;, requirements therein. The guidelines can be found at https://www.fws.gov/nc-es/mammal/manatee.html
r
}R( General
ti 22) The permittee and/or his or her contractor shall meet with a representative of the Division and U.S.
It
•.,.1 Army Corps of Engineers prior to project initiation.
23) This Major Modification shall be attached to the original Permit No. 255-88, which was transferred to '
"° , the permittee on 11/20/08, as well as the subsequent renewal issued on 5/4/17, and all documents shall
:4 a be readily available on site when a Division representative inspects the project for compliance. •
24) All conditions and stipulations of the active permit remain in force under this Major Modification unless
specifically altered herein.
U'' 25) This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals
P or authorizations that may be required. `,
" NOTE: Future development of the permittee's property may require a modification of this permit.
4' Contact a representative of the Division at [phone]prior to the commencement of an
p y
such activity for this determination. The permittee is further advised that many non-water
r
dependent activities are not authorized within 30 feet of the normal high water level.
0 NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
tiapprovals or authorizations that may be required. ti
Ifit
V, NOTE: The U.S. Army Corps of Engineers assigned the proposed project Action ID No. SAW-1998- t:
00516. ei
t
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR- ?
17-0867.
67i i
" ` NOTE: An application processing fee of$475 was received by DCM for this project. This fee also f;.
satisfied the Section 401 application processing fee requirements of the Division of Water n
4 Resources.
to 5i

ROY COOPER
,• Governor
�.,a.
MICHAEL S. REGAN
Secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY Director
August 30, 2017
New Hanover County
DWR Project: 2017-0867
Kinder Morgan
Mr. Michael Oktavec
2005 North 6th Street
Wilmington NC 28401
Subject Property: Kinder Morgan Maintenance Dredging (Agitation Sled)
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Oktavec,
You have our approval, in accordance with the attached conditions and those listed below,
to perform maintenance dredging (agitation dredging) within approximately 80,000 square
feet of open waters as described in your application received by the N.C. Division of Water
Resources (DWR) on July 12, 2017. After reviewing your application, we have decided that
the impacts are covered by General Water Quality Certification Number 4097 (GC4097).
• In addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including(but not limited to)Erosion and Sediment
Control, Non-discharge, and stormwater regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 Permit. This Certification can also be found on line at:
http://portal.ncdenr.org/web/wq/swp/ws/401/certsand permits.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold,the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
Nothing Compares
State or North Carolina 1 Environmental Quality I Water Resources
512 N.Salisbury Street I lull Mall Service Center I Raleigh.NC 27699-I611
919.707.9000

Kinder Morgan
New Hanover County
2017-0867
Page 2 of 4
The Additional Conditions of the Certification are:
1. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions. Any new owner must notify the Division and request the Certification be
issued in their name {1SA NCAC 02H .0501 and .0502}.
2. Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction plans.
[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his
contractors (and/or agents)to comply with all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion
control practices must be used to meet this standard. Turbidity curtains shall be used as
appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215
4. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of
the Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration of this Certification.
5. The permittee shall require its contractors and/or agents to comply with the terms
of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or
maintenance of this project a copy of this certification. A copy of this certification
including all conditions shall be available at the project site during the construction
and maintenance of this project. [15A NCAC 02H .0507 (c) and 1SA NCAC 02H .0506
(b)(2) and (c)(2)]
6. Continuing Compliance:
The applicant/permittee and their authorized agents shall conduct all activities in a
manner consistent with State water quality standards (including any requirements
resulting from compliance with 303(d) of the Clean Water Act), and any other
appropriate requirements of State and Federal law. If the Division determines that
Nothing Compares_

Kinder Morgan
New Hanover County
2017-0867
'Page 3 of 4
such standards or laws are not being met, including failure to sustain a designated
or achieved use, or that State or Federal law is being violated, or that further
conditions are necessary to assure compliance, than the Division may reevaluate
and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)]
7. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the peiinittee/contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington
Regional Office at 910.796.7215 and after hours and on weekends call [phone].
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and
(c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A].
8. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)].
9. This certification grants permission to the director, an authorized representative of
the Director, or DEQ staff, upon the presentation of proper credentials,to enter the
property during normal business hours 15A NCAC 02H.0502(e).
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant and/or
authorized agent is required to return a completed certificate of completion form to
the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources,
1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion.
The certification of completion is available at:
http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms).
Violations of any condition herein set forth may result in revocation of this
Certification and may result in criminal and/or civil penalties. The authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the 404
or CAMA Permit.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B
by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
http:/hvww.ncoah.com/or by calling the OAH Clerk's Office at [phone] for:
Nothing Compares--.,.

Kinder Morgan
New Hanover County
2017-0867
Page 4 of 4
information. Within sixty (60) calendar days of receipt of this notice, a petition must be
filed with the OAH. A petition is considered filed when the original and one (1) copy along
with any applicable OAH filing fee is received in the OAH during normal office hours
(Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one
copy of the petition along with any applicable OAH filing fee is received by the OAH within
five (5) business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of
the Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR
Wilmington Regional Office at [phone] or Chad.Coburn a,ncdenr.gov.
Sincere ,
(1)4\
Jim gson, Regional Supervisor
56‹.• Water Quality Regional Operations Section
• Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC4097
cc: Tyler Crumbley- USACE Wilmington Regulatory Field Office
Jonathan Oravetz - Kleinfelder, 8933 Western Way, Suite 12, Jacksonville, FL 32256
WiRO/LF
Nothing Compares..`.

ROY COOPER
'`w Governor
4•
),Fa
MICHAEL S. REGAN
Secretary
W S. JAY ZIMMERMAN
Water Resources
Director
ENVIRONMENTAL QUALITY
DWR Project No: County:
Applicant:
Project Name:
401 Water Quality Certification Issued Date:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications,the applicant is required to return this certificate to the DWR
401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that,to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the
approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the
approved plans and specifications, and other supporting materials.
Signature: Date:
if this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically,weekly, full time)the construction of the project, for the Permitee hereby state that,
to the best of my abilities,due care and diligence was used in the observation of the construction such
that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: Date:
!'Nothing Compares—*.,
State of North Carolina I Environmental Quality 1 Water Resources
512 N.Salisbury Street 11611 Mail Service Center I Raleigh.NC 27699-1(111
919.70!9000

1
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
3
WATER QUALITY GENERAL CERTIFICATION NO. 4097
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• REGIONAL GENERAL PERMIT NUMBER 198000291(NC COASTAL AREA MANAGEMENT ACT)
AND
• WHEN APPLIED TO CAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS 198000048,
198700056, 197800080, 197800125 AND 198200277 AND NATIONWIDE PERMIT
NUMBERS 3, 12, 13, 14, 18, 27, 29, 33, 35, 39,AND 54
Water Quality Certification Number 4097 is issued in conformity with the requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in Regional General Permits
198000291, 198000048, 198700056, 197800080, 197800125, and 198200277 and in 33 CFR 300
Appendix A (B) (3, 12, 13, 14, 18, .27, 29, 33, 35, 39, and 54) of the US Army Corps of Engineers
Regulations.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Effective date: March 19, 2017
Signed this day March 6, 2017
By
�� _� ----
for S. Jay Zimmerman, P.G.
Director
.

GC4097
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Resources (DWR):
a) If any of the Conditions of this Certification (listed below) cannot be met; or
b) Activities authorized by CAMA permits, except for: •
i) Activities authorized by CAMA General Permits 1100, 1200, 1300, 1400, 1500,
1600, 1700, 1800, 1900, 2000, 2100, 2200, 2300, 2400, 2500 and 2600;
ii) Boat Ramps and associated access (i.e. roads and parking lots) that involve the
excavation or filling of less than 500 square feet total of wetland and open water
area, with the exception that the excavation or filling of coastal wetlands (as
defined in 15A NCAC 07H .0205) shall not exceed 100 square feet;
iii) Shoreline protection measures (excluding living shorelines/marsh sills) that tie into
existing bulkheads, land or other shoreline protection measures or do not extend
waterward of the normal high water line or normal water level more than 30 feet
provided that the activity will not involve the excavation or filling of any Submerged
Aquatic Vegetation (SAV) or significant shellfish resources as identified by the
Division of Marine Fisheries and impacts less than 500 square feet total of wetland,
with the exception that the excavation or filling of coastal wetlands (as defined in
15A NCAC 07H .0205) shall not exceed 100 square feet;
iv) Living shorelines/marsh sills, including activities authorized by CAMA General
Permit 2700, that do not extend waterward of the normal high water line or normal
water level more than 30 feet, the activity will not involve the excavation or fill of
any Submerged Aquatic Vegetation (SAV) or significant shellfish resources, as
identified by the Division of Marine Fisheries, and do not result in any fill landward
of the toe of the sill alignment;
v) Piers and docks designed to accommodate up to but not exceeding 10 vessels
(except where prohibited in Outstanding Resource Waters (ORW) as defined in 15A
NCAC 02B.0225(7) &(8)) and where the water depth is equal to or greater than two
feet of water at normal low water level or normal water level (whichever is
applicable);
vi) Maintenance dredging of less than 0.5 acres of open water or non-vegetated
wetlands provided that the applicant can provide documentation showing the
historic dimensions of the dredged channel, and no SAV or shellfish beds are
excavated or filled;
vii) Projects that involve only shading of waters or wetlands that do not meet the
criteria listed in item v above;
viii) Utility lines, except wastewater lines and potable water discharge lines which are
subject to an NPDES Permit, as long as all impacts are temporary;
ix) Upland development which involves no more than 1/10 of an acre of excavation or
filling of non-coastal wetlands, with the exception than no more than 2,000 square
feet of the non-coastal excavation or filling may take place within a Coastal
Shoreline Area of Environmental Concern (AEC). For the purposes of this area •
calculation, the excavation or filling impacts of the entire project shall be
Page 2 of 12

Gc4097
considered, which may include boat ramps, bulkheads or other shoreline
stabilization measures; and
x) Single family home construction that results in fill of 404 jurisdictional wetlands as
long as written concurrence is not required from DWR for the applicable US Army
Corps of Engineers Nationwide Permit;
c) Any stream relocation or stream restoration; or
d) Any impacts except shading to SAV or significant shellfish resources as identified by the
Division of Marine Fisheries; or
e) Any impacts Unique Wetlands (UWL); or
f) Any impact associated with a Notice of Violation or an enforcement action for violation(s)
of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H
.1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or State
Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or
g) Any impacts to subject water bodies and/or state regulated riparian buffers along subject
water bodies in the Neuse or Tar-Pamlico River Basins (or any other basin or watershed
with State Regulated Riparian Area Protection Rules [Buffer Rules) in effect at the time of
application) unless:
i) The activities are listed as "EXEMPT" from these rules; or
ii) A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM); or
iii) A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or
designated local government implementing a state riparian buffer program
pursuant to 143-215.23.
Activities included in this General Certification that do not meet one of the thresholds listed above
do not require written approval
I. ACTIVITY SPECIFIC CONDITIONS:
1. Dredging shall not cause Shellfish Closures. The effluent water from the dredge spoil should
not be released into open shellfish waters. Shellfish Sanitation and the Division of Water
Resources shall be notified if this is to occur. [15A NCAC 02B .0221]
2. If this Water Quality Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the applicant that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide
evidence that the parcels are buildable without requiring additional impacts to wetlands,
waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)]
3. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Page 3 of 12

GC4O97
4. Deed notifications or similar mechanisms shall be placed on all lots with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC
Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules
(15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of
the property or individual parcels, whichever is appropriate, [15A NCAC 02H .0506(b)(4) and
(c)(4)]
5. For living shorelines, the sills shall have at least one five-foot opening every 100 feet and may
be staggered or overlapped or left open as long as the five-foot separation between sections
is maintained. Overlapping sections shall not overlap more than 10 feet, [15A NCAC 02H
.0506(b)(4) and (c)(4)]
6. For living shorelines, the permittee shall employ all sedimentation and erosion control
measures necessary to prevent an increase in sedimentation and turbidity within waters and
wetlands outside the permitted area. This shall include, but is not limited to, the immediate
installation of silt fencing, turbidity curtains or similar appropriate devices around all areas
subject to soil disturbance. Additionally, the project must remain in full compliance with all
aspects of the Sedimentation Pollution Control Act and the Mining Act of 1971, [15A NCAC
02H .0506(b)(4) and (c)(4)]
7. Living shorelines in Primary Nursery Areas (as designated by the NC Marine Fisheries
Commission) shall be coordinated with the appropriate NC Wildlife Resources Commission
(WRC), National Marine Fisheries Service (NMFS) and NC Division of Marine Fisheries (DMF)
personnel. [15A NCAC 02B .0221]
8. For the North Carolina Department of Transportation, compliance with the NCDOT's
individual NPDES permit NCS000250 shall serve to satisfy this condition. For all other
projects that disturb one acre or more of land (including a project that disturbs less than one
acre of land that is part of a larger common plan of development or sale); have permanent
wetland,stream, or open water impacts; and are proposing new built-upon area shall comply
with the following requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)]
a. Stormwater management shall be provided throughout the entire project area in
accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC 02H .1003(2)(a),
density thresholds shall be determined in accordance with 15A NCAC 02H .1017.
b. Projects that have vested rights, exemptions, or grandfathering from state or locally-
implemented stormwater programs do not satisfy this condition. Projects that satisfy
state or locally-implemented stormwater programs through use of community in-lieu
programs do not satisfy this condition.
c. Projects that require written authorization from DWR shall submit the following with
their application for review and approval:
Page 4 of 12

GC4097
i. For projects that have a stormwater management plan (SMP) reviewed under a state
stormwater program' or a state-approved local government stormwater program2
shall submit plans that show the location and approximate size of all proposed
stormwater measures;
ii. All other low density projects not covered above shall submit a completed low
density supplement form with all required items; and
iii. All other high density projects not covered above shall submit a completed SMP,
including all appropriate stormwater control measure (SCM) supplemental forms and
associated items, that complies with the high density development requirements of
15A NCAC 02H .1003.
d. Projects that do not require written approval from DWR shall obtain approval of the SMP,
when required, before any impacts authorized by this Certification occur.
e. SMPs approved by DWR may be phased on a case-by-ease basis. SMPs for each future
phase must be approved before construction of that phase commences. Approved SMPs
may not be modified without prior written authorization from DWR.
II. GENERAL CONDITIONS:
1. When written authorization is required, the plans and specifications for the project are
incorporated into the authorization by reference and are an enforceable part of the •
Certification. Any modifications to the project require notification to DWR and may require
an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized in the written approval
from DWR; or beyond the thresholds established for use of this Certification without written
authorization. [15A NCAC 02H .0501 and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as
listed as an exempt activity in the applicable riparian buffer rules. [iSA NCAC 02B .0200]
3. In accordance with 15A NCAC 02H .0506(h), compensatory mitigation may be required for
losses of greater than 150 linear feet of streams and/or greater than one (1) acre of
wetlands. Impacts to isolated and other non-404 jurisdictional wetlands shall not be
combined with 404 jurisdictional wetlands for the purpose of determining when impact
thresholds trigger a mitigation requirement. For linear publicly owned and maintained
transportation projects that are not determined to be part of a larger common plan of
e.g.Coastal Counties, HOW,ORW,or state-implemented Phase II NPDES
2 e.g. Delegated Phase II NPDES,Water Supply Watershed,Nutrient-Sensitive Waters,or Universal Stormwater
Management Program
Page 5 of 12

GC4097
development by the US Army Corps of Engineers, compensatory mitigation may be required
for losses of greater than 150 linear feet per stream.
Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a
project site, a complete mitigation proposal developed in accordance with the most recent
guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted
for review and approval with the application for impacts.
4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules
in Chapter 2 of Title 15A.
5. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion
so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC
02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0200]
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be equal to or exceed the requirements specified in the most recent version
of the North Carolina Sediment and Erosion Control Manual, or for linear transportation
projects,the NCDOT Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor-owned or leased borrow pits associated with the project.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA,
WS-I, WS-II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15A NCAC 04B .0124, Design Standards in Sensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 02H .0501 and .0502]
Page 6 of 12

Gc4097
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands. Exceptions to this condition require application to
and written approval from DWR. [15A NCAC 02B .0201]
8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCG010000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. if the project is covered by this permit, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and
maintenance, self-monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent
version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H
.0506(b)(5) and (c)(5)]
9., All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application to and written approval from DWR. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities. [15A NCAC 02H
.0506(b)(2) and 15A NCAC 04B .0125]
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this
condition require written approval by the resource agency responsible for the given
moratorium. A copy of the approval from the resource agency shall be forwarded to DWR.
Work within a designated trout watershed of North Carolina (as identified by the Wilmington
District of the US Army Corps of Engineers), or identified state or federal endangered or
threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS,
and/or DMF.personnel.
11. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern,
and profile of the stream above and below a pipe or culvert shall not be modified by
widening the stream channel or by reducing the depth of the stream in connection with the
construction activity. The width, height, and gradient of a proposed culvert shall be such as
Page 7 of 12

GC4097
to pass the average historical low flow and spring flow without adversely altering flow
velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low
flow passage of water and aquatic life.
If multiple pipes or barrels are required, they shall be designed to mimic the existing stream
cross section as closely as possible including pipes or barrels at flood plain elevation and/or
sills where appropriate. Widening the stream channel shall be avoided.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not
required, provided that all alternative options for flattening the slope have been investigated
and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders,
cross vanes, etc.). Notification, including supporting documentation to include a location
map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR
60 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that
there is sufficient documentation of the presence of bedrock. Notification, including
supporting documentation such as, a location map of the culvert, geotechnical reports,
photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DWR shall be
notified by phone or email within 24 hours of discovery.
If other site-specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip-rap or other bank hardening
methods.
Page 8 of 12

GC4097
12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed
across the bridge and pre-treated through site-appropriate means to the maximum extent
practicable (e.g. grassed swales, pre-formed scour holes, vegetated buffers, etc.) before
. entering the stream.-Exceptions to this condition require application to and written approval
from DWR. [15A NCAC 02H .0506(b)(5)]
13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other
Federal,State and Local regulations. Fertilizer application shall be accomplished in a manner
that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B
.0200 and 15A NCAC 02B .0231]
14. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state. 115A
NCAC 02B .0200]
15. All proposed and approved temporary fill and culverts shall be removed and the impacted
area shall be returned to natural conditions within 60 calendar days after the temporary
impact is no longer necessary. The impacted areas shall be restored to original grade,
including each stream's original cross sectional dimensions, planform pattern, and
longitudinal bed profile. For projects that receive written approval, no temporary impacts are
allowed beyond those included in the application and authorization. All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H
.0506(b)(2) and (c)(2)l
16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the
North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during
use of this Certification, [15A NCAC 02H .0506(b)(2) and (c)(2)]
17. Any rip-rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip-rap shall be placed such that the original stream elevation and
streambank contours are restored and maintained. Placement of rip-rap or other approved
materials shall not result in de-stabilization of the stream bed or banks upstream or
downstream of the area or in a manner that precludes aquatic life passage. [15A NCAC 02H
.0506(b)(2)]
18. Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows and shall consist of clean rock or
masonry material free of debris or toxic pollutants. Rip-rap shall not be installed in the
streambed except in specific areas required for velocity control and to ensure structural
integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)]
Page 9 of 12

GC4097
19. Applications for rip-rap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Rip-rap
Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
20. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall not take place within 50 feet of a waterbody or
wetlands to prevent contamination by fuels and oils. 115A NCAC 02H .0506(b)(3) and (c)(3)
and 15A NCAC 02B .0211 (12)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within 100 feet of surface waters; and any
petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours.
23. If an environmental document is required under the State Environmental Policy Act (SEPA),
then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or
Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental document
is required under the National Environmental Policy Act (NEPA), then this General
Certification is not valid until a Categorical Exclusion, the Final Environmental Assessment, or
Final Environmental Impact Statement is published by the lead agency [15A NCAC 01C
.0107(a)]
24. This General Certification does not relieve the applicant of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project,
including those required by, but not limited to Sediment and Erosion Control, Non-Discharge,
Water Supply Watershed, and Trout Buffer regulations.
25. The applicant and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance
with §303(d) of the Clean Water Act), and any other appropriate requirements of State and
Federal Law, If DWR determines that such standards or laws are not being met, including
failure to sustain a designated or achieved use, or that State or Federal law is being violated,
or that further conditions are necessary to assure compliance, then DWR may revoke or
modify a written authorization associated with this General Water Quality Certification. [15A
NCAC 02H .0507(d)]
Page 10 of 12

GC4097
26. When written authorization is required for use of this Certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return a certificate of completion (available on the DWR
website https://edocs.deq.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
27. Additional site-specific conditions, including monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards. [15A NCAC 02H .0507(c)]
28. If the property or project is sold or transferred, the new Permittee shall be given a copy of •
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H .0501 and .0502]
III. GENERAL CERTIFICATION ADMINISTRATION:
1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401
Water Quality General Certification must include the appropriate fee. An applicant for a
CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water
Quality Certification is required shall only make one payment to satisfy both agencies; the fee
shall be as established by the Secretary in accordance with 143-215.3D(e)(7).
2. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and
this Certification does not create any prescriptive right or any right of priority regarding any
usage of water. This Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity
of the withdrawal or the date on which the withdrawal was initiated or expanded.
3. This Certification grants permission to the Director, an authorized representative of the
Director, or DWR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
4. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect
on the date of issuance of Certification for a specific project shall remain in effect for the life
of the project, regardless of the expiration date of this Certification. This General
Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the
corresponding Nationwide Permits and/or Regional General Permits or when deemed
appropriate by the Director of the Division of Water Resources.
Page 11of12

GC4097
5. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in
criminal and/or civil penalties.
6. The Director of the North Carolina Division of Water Resources may require submission of a
formal application for Individual Certification for any project in this category of activity if it is
determined that the project is likely to have a significant adverse effect upon water quality,
including state or federally listed endangered or threatened aquatic species, or degrade the
waters so that existing uses of the water or downstream waters are precluded.
7. Public hearings may be held prior to a Certification decision if deemed in the public's best
interest by the Director of the North Carolina Division of Water Resources.
History Note: Water Quality Certification (WQC) Number 4097 issued March 6, 2017 replaces
WQC Number 3900 issued March 19, 2012; WQC Number 3641 and 3642 issued March 19, 2007;
WQC Numbers 3371 and 3400 issued March 18, 2002; WQC Number 3274 issued June 1, 2000;
WQC Number 3112 issued February 11, 1997; and WQC Number 3025 issued September 6, 1995.
Page 12 of 12

APPENDIX C
RECENT BATHYMETRIC SURVEYS

_ a
0
I �� 1
I c
n
�� ���e� HYMETRIC SOUNDING DATA PROVIDED BY ER MORGAN, DATED JANU ARY 2021,ATIONS SHOWN ARE IN FEET.ATIONS SHOWN ARE IN REFERENCE TO MEANER LOW WATER (MLLW) AS DETERMINED 6YA TIDAL STATION 8658120.i ,000 itoo, D88= MLLW+ 2.600
IZONTAL DATUM - NAD83.SEL SHOWN CENTERED OFF DOCK TERMINAL REFERENCE.011,
18
0.1
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Sheet Reference:
G-001
AERIAL IMAGE SOURCE. USGS EARTHEXPLORER, 2018 sheet 1 of 1

1
• C
0
NOTES: \�s�"`�V ` NOTES:
1. BATHYMETRIC SOUNDING DATA PROVIDED BY \ \_ -r 1. BATHYMETRIC SOUNDING DATA PROVIDED BY p
KINDER MORGAN, DATED OCTOBER 2020. _ \ =� KINDER MORGAN, DATED JANUARY 2021. z
Y
2. ELEVATIONS SHOWN ARE IN FEET. \'`� / 2. ELEVATIONS SHOWN ARE IN FEET.
3, ELEVATIONS SHOWN ARE IN REFERENCE TO MEAN 3. ELEVATIONS SHOWN ARE IN REFERENCE TO MEAN
00 q — LOWER LOW WATER (MLLW) AS DETERMINED BY �. LOWER LOW WATER (MLLW) AS DETERMINED BY
`-� NOAA TIDAL STATION 8658120. 1�bp �, v NOAA TIDAL STATION 8658120.
frt4. NAVD88= ML4. NAVD88= ML01
5, HORIZONTAL DATUM — NAD83. 5. HORIZONTAL DATUM — NAD83.
® �� 6. VESSEL SHOWN CENTERED OFF DOCK TERMINAL10 r• A 6. VESSEL SHOWN CENTERED OFF DOCK TERMINAL
�� FOR REFERENCE. - • FOR REFERENCE.
•
OCTOBER 5, 2020 - ANUARY 11, 2021
$ 001::::: ,, ,
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_ = = _ Feet
Sheet Reference:
G-001
AERIAL IMAGE SOURCE: USGS EARTHEXPLORER, 2018 sheet 1 of 2

1
0
C
0
Elevations Difference Table NOTES: ,i
(-) Cut, (+) Fill 1. BATHYMETRIC SOUNDING DATA USED IN ISOPACH G
COMPARISON PROVIDED BY KINDER MORGAN, z
Number Minimum Elevation Maximum Elevation Color DATED OCTOBER 2020 AND JANUARY 2021. Y
Difference Difference
1 -7.42 -7.00 .� 2. ACCURACY OF ELEVATION/VOLUMETRIC
COMPARISON IS DEPENDENT UPON DENSITY AND
2 -7.00 -6.00 ■ 4 LOCATION OF SURVEY POINTS PROVIDED, AND •
3 -6.00 -5.00 •
DOES NOT CONSIDER THE COMPOSITION OF
V / MATERIALS CUT/FILLED.
4 -5.00 -4.00 3. ELEVATIONS DIFFERENCES ARE SHOWN IN 1-FT
5 -4.00 -3.00 INCREMENTS.
6 -3.00 -2.00 4. VESSEL SHOWN CENTERED OFF DOCK TERMINAL
FOR REFERENCE.
7 -2.00 -1.00
8 -1.00 0.00 5. AREA OF VOLUME COMPARISON = 82,655 SF
9 0.00 +1.00 6. VOLUME OF CUT MATERIAL= 4366 CY
10 +1.00 +2.00 ■ 7. VOLUME OF FILL MATERIAL= 109 CY
a■ /
11 +2.00 +3.00 _
ii123.10
X(n� f///
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_ = = _ Feet
la N
Sheet Reference:
G-002
AERIAL IMAGE SOURCE: USGS EARTHEXPLORER, 2018 sheet 2 of 2

1
u
C
Elevations Difference Table AN`'s A` L� O
S: ,�
C
(—) cut, (+) Fill \ `� ���\,, ATHYMETRIc sOUNOwc DATA use0 IN IsoPACH OMPARISON PROVIDED BY KINDER MORGAN,Mnmum Elevion MaximElevaton Cor ATED OCTOBER 2020 AND JANUARY 2021.DifiACCURACY OF ELEVATION/VOLUMETRICCOMPARISON IS DEPENDENT UPON DENSITY AND2 —7.00 —6.00 ■ '. LOCATION OF SURVEY POINTS PROVIDED, ANDDOES NOT CON/DER THE COMPOSITION OF3 —6.00 —5.00 bMATERIALS CUT FILLED.ELEVATIONS DIFFERENCES ARE SHOWN IN 1—FTINCREMENTS.VESSEL SHOWN CENTERED OFF DOCK TERMINALFOR REFERENCE.8 —1.00 0.00 / AREA OF VOLUME COMPARISON = 82,655 SF� VOLUME OF CUT MATERIAL= 4366 CY+1.00 +2.00 VOLUME OF FILL MATERIAL= 109 CY.
/1 � 8_%�
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Sheet Reference:
G-002
AERIAL IMAGE SOURCE. USGS EARTHEXPLORER, 2018 sheet 2 of 2

0
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NOTES: -F
ili
\
1, BATHYMETRIC SOUNDING DATA PROVIDED BY c
KINDER MORGAN, DATED JULY 2021. _
\2 Y
\\\ 2. ELEVATIONS SHOWN ARE IN FEET,
3. ELEVATIONS SHOWN ARE IN REFERENCE TO MEAN
LOWER LOW WATER (MLLW) AS DETERMINED BY
NOAA TIDAL STATION 8658120.
4. NAVD88= MLLW+ 2.6 —
5. HORIZONTAL DATUM — NAD83.
O.
/��M
!����r 600 . VESSEL SHOWN CENTERED OFF DOCK TERMINAL
'�I�111' FOR REFERENCE.
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Sheet Reference:
G-001
AERIAL IMAGE SOURCE: USGS EAR THEXP LOWER, 2018 sheet 1 of 4

• o0
a
NOTES: NOTES:
a
\, _ 1, BATHYM ETRIC SOUNDING DATA PROVIDED BY \ \ 1, BATHYM ETRIC SOUNDING DATA PROVIDED BY e
KINDER MORGAN, DATED MARCH 2O21. �� KINDER MORGAN, DATED JULY 2021. 2
\\ �� 2. ELEVATIONS SHOWN ARE IN FEET. \\\ i 2. ELEVATIONS SHOWN ARE IN FEET,
s e
� 3. ELEVATIONS SHOWN ARE IN REFERENCE TO MEAN \s 3. ELEVATIONS SHOWN ARE IN REFERENCE TO MEAN
"\ LOWER LOW WATER (MLLW) AS DETERMINED BY LOWER LOW WATER (MLLW) AS DETERMINED BY
' NOAA TIDAL STATION 8658120. p NOAA TIDAL STATION 8658120.
4. NAVD88= MLLW+ 2.6 _ 4. NAVD88= MLLW+ 2.6
X A5. HORIZONTAL DATUM — NAD83. O . 5, HORIZONTAL DATUM — NAD83.
' /;✓ 6. VESSEL SHOWN CENTERED OFF DOCK TERMNAL 6, VESSEL SHOWN CENTERED OFF DOCK TERMINAL
'41r t FOR REFERENCE. /� FOR REFERENCE.
)!G 0 ARCH 2O21 2 1 , 2i 1
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Sheet Reference:
G-002
AERIAL IMAGE SOURCE: USGS EARTHEXPLORER, 2018 Sheet 2,4

0
a
0
4.
Elevations Difference Table NOTES:
(-) Cut, (+) Fill 1, BATHYMETRIC SOUNDING DATA USED IN ISOPACH c
COMPARISON PROVIDED BY KINDER MORGAN, 2
Number Minimum Elevation Maximum Elevation Color DATED MARCH 2O21 AND JULY 2021. 2
Difference Difference
1 -0.35 0.00 . 2. ACCURACY OF ELEVATION/VOLUMETRIC
COMPARISON IS DEPENDENT UPON DENSITY AND
2 0.00 + 1.00 LOCATION OF SURVEY POINTS PROVIDED, AND
DOES NOT CONSIDER THE COMPOSITION OF
3 + 1.00 +2.00 MATERIALS CUT/FILLED.
4 +2.00 +3.00 /T 3. ELEVATIONS DIFFERENCES ARE SHOWN IN 1-FT
5 +3.00 +4.00 , /,
/, 7, INCREMENTS.
6 + 4.00 +5.00 A �\ 4. VESSEL SHOWN CENTERED OFF DOCK TERMINAL
7 +5.00 +6.00 / \\
FOR REFERENCE.
5. AREA OF VOLUME COMPARISON = 84,915 SF
B +6.00 +7.00
I 6. VOLUME OF CUT MATERIAL= 0 CY
9 + 7.00 +7.77
7. VOLUME OF FILL MATERIAL= 6874 CY
• ,.
- . - f _ , - ' �� WILMINGTON TERMINAL o
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Number Color 1.4 t. DATED MARCH 2O21 AND JULY 2021.
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NOTES.
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APPENDIX D
ENVIRONMENTAL SUPPORT DOCUMENT

KL EINFEL DER
�r-
NORTH 6111 STREET MAINTENANCE DREDGE
NEW HANOVER COUNTY, NORTH CAROLINA
SECTION 10 & 404 INDIVIDUAL PERMIT APPLICATION:
ENVIRONMENTAL SUPPORT DOCUMENT
20173302.001A I JAX17054978 March 28, 2017
©2017 Kleinfelder

North 6th Street Maintenance Dredge
NEW HANOVER COUNTY, NORTH CAROLINA
SECTION 10 & 404 INDIVIDUAL PERMIT APPLICATION:
ENVIRONMENTAL SUPPORT DOCUMENT
1.0 INTRODUCTION 1
2.0 PROPOSED PROJECT 2
3.0 EXISTING PERMITS AND SUPPORTING LITERATURE 3
3.1 Exisiting Permits 3
3.1 .1 Port of Wilmington Berths 1 and 2 3
3.1 .2 Altamar 3
3.1 .3 Hess Corporation 4
3.2 Supporting Literature 4
3.2.1 Savannah Harbor Agitation Dredging Environmental Study, EMC
1993 4
3.2.2 Agitation Sled Dredging Water Quality Assessment Port of
Wilmington (NCSPA), Law Engineering, 1998 5
3.2.3 Agitation Dredge Evaluation, Savannah Harbor Ecosystem
Restoration Project, 2002 5
3.2.4 Monitoring Suspended Sediment Plumes to Evaluate the Effects of
Agitation Dredging in Savannah Harbor, 2003 5
3.3 Existing Biological Assessments and Essential Fish Habitat
Determinations 6
4.0 EXISTING CONDITIONS 7
4.1 Bathymetry and Topography 7
4.2 Soils 7
4.3 Land Use 8
4.4 Water Quality and Designations 8
5.0 ENVIRONMENTAL CONSIDERATIONS 10
5.1 Alternative Plan Analysis 10
5.1 .1 No Action Alternative 10
5.1 .2 Alternative # 1 — Overboard Disposal 10
5.1 .3 Alternative # 2 — Marine Disposal 10
5.1 .4 Alternative # 3 — Upland Disposal 11
5.1 .5 Prefered Alternative 11
5.2 Avoidance and Minimization of Impacts 12
5.3 Fish, Wildlife, Listed Species and their Habitats 13
5.3.1 Biological Assessment 13
5.3.2 Essential Fish Habitat Assessment 14
5.4 Water Quality Impacts 14
5.5 Public Interest 15
5.6 Historic and Cultural Resources 15
5.7 Mitigation Plan 16
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North 6th Street Maintenance Dredge
NEW HANOVER COUNTY, NORTH CAROLINA
SECTION 10 & 404 INDIVIDUAL PERMIT APPLICATION:
ENVIRONMENTAL SUPPORT DOCUMENT
6.0 REFERENCES 17
FIGURES
Figure 1 Project Location
Figure 2 USGS Topographic
Figure 3 NRCS Soil Survey
Figure 4 Water Quality and Sediment Samples
Figure 5 Land Cover
ATTACHMENTS
Attachment 1 Hydrographic Surveys
Attachment 2 Plan Sheet
Attachment 3 IPaC Research List
Attachment 4 Biological Assessment
Attachment 5 Essential Fish Habitat Assessment
PHOTOGRAPHS
Photographs 1-3
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1.0 INTRODUCTION
Kinder Morgan (applicant) has operated the Liquid Terminal facility and associated
commercial berthing operation at the North 6th Street Facility since 2013. The facility is
located on the Northeast Cape Fear River just north of the Hilton Bascule Bridge (Figure
1). Prior to 2013, the facility was operated by Chemserve, with initial permits issued for
maintenance dredging in 1988 (State) and 1989 (Federal).
The applicant maintains an approved US Army Corps of Engineers (ACOE) General
Permit (No. 198000291) (Action ID SAW-1988-00516) and State of North Carolina
Department of Environment and Natural Resources and Coastal Resources
Commission (CAMA) Permit (No. 255-88) which allowed for the maintenance of a
berthing depth of 32 feet. These permits approved mechanical excavation or hydraulic
pipeline dredge excavation of material not to exceed 1 ,000 cubic yards, and required
material to be redeposited at a suitable high-ground (upland) disposal site.
Overtime natural sediment deposition has reduced berthing depths such that normal
safe vessel operations are precluded. Based on the available hydrographic surveys
(Attachment 1) of the berthing basin depths currently vary between 16 ft. and 40 ft., and
shallow depths less than 32 ft. present a hazard to vessels within the facility. The
applicant maintains no suitable high-ground disposal areas within the adjacent parcel,
and the proposed dredging operation will require 5,500 cubic yards of material to be
removed from the existing berthing basin to restore safe operational depths.
The subject Individual Permit application is being submitted to request authorization to
complete agitation dredging to restore and maintain the required 32 ft. berthing depth.
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2.0 PROPOSED PROJECT
The applicant proposes the use of agitation dredging to restore and maintain depths of
32 ft. within the project area. Mechanical agitation dredging will be completed via a sled
or I-beam pulled along the bottom sediments by a tug boat or similar vessel. The sled
or beam shall be pulled along the length of the basin at the substrate line during ebb
tides to facilitate resuspension of accumulated sediments and restoration of required
depths.
The proposed project will disturb an area of approximately 44,567 square feet of
accumulated sediments, and result in the removal of 5,500 cubic yards of material
which will be re-suspended into the river during ebb tide. The proposed project does not
differ in concept from recently issued permits for agitation dredging located just
downstream of the project area. These permits are discussed in detail below.
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3.0 EXISTING PERMITS AND SUPPORTING LITERATURE
Maintenance dredging by means of agitation dredging is a common practice within the
vicinity of the project area. Various State and Federal permits have been issued to
facilities authorizing the use of agitation dredging to complete restoration and
maintenance of berthing depths in the Northeast Cape Fear and Cape Fear Rivers. In
support of previous authorizations, dredging studies have been conducted to quantify
the impacts associated with this dredging technique. A brief description of previously
issued permits authorizing agitation dredging near the proposed project is provided
below along with a section outlining the literature cited to support them.
3.1 Existing Permits
• Port of Wilmington Berths 1 and 2, Wilmington, NC (State Permit No. 47-87)
• Altamar, Inc., 3330 River Road, Wilmington, NC (USACE SAW-2013-01427,
State Permit No. 46-92)
• Hess Corporation, 1312 S. Front Street, Wilmington, NC (USACE SAW-2013-
01429, State Permit No. 21-90)
3.1.1 Port of Wilmington Berths 1 and 2, (State Permit No. 47-87)
In 1998 the State of North Carolina Department of Natural Resources and Coastal
Resources Commission issued a permit to the North Carolina State Ports Authority
authorizing the experimental use of an agitation sled pulled by a tug boat to remove
sediments and increase the water depths in Berths 1 and 2 at the Wilmington Ports
Facility. A condition of the permit required monitoring dissolved oxygen levels and
turbidity during the permitted activities. The "Agitation Sled Dredging Experimental
Testing" report associated with the monitoring activities of the permit condition
demonstrated that agitation dredging appeared to have no significant impact on
temperature or dissolved oxygen and did not indicate a significant correlation to reduced
water quality due to the dredging activity.
3.1.2 Altamar (USACE SAW-2013-01427, State Permit No. 46-92)
In 2015 the USACE and the State of North Carolina Department of Environmental and
Natural Resources and Coastal Resources Commission issued permits allowing
agitation dredging within a berthing basin to Altamar Inc. This permit authorized the use
of agitation dredging to maintain a berthing basin approximately 900 feet long and 110
feet wide to a depth of 42 ft. A total area of 99,000 square feet and a total volume of
2,000 cubic yards was approved for dredging. The Altamar facility is located
approximately 5 miles downstream from the proposed project.
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3.1.3 Hess Corporation (USACE SAW-2013-01429, State Permit No. 21-90)
Located approximately 3 miles downstream from the proposed project, the USACE
issued (May 6, 2015) a permit allowing the Hess Corporation authorization to utilize
agitation dredging to maintain a berthing basin approximately 950 feet long and 50 feet
wide to a depth of 44 ft.
3.2 Supporting Literature
In support of the authorized permits listed in Section 3.1 monitoring studies have been
performed to quantify the impacts associated with agitation dredging activities. A
summary of the results of these studies is provided below.
• Savannah Harbor Agitation Dredging Environmental Study, EMC 1993
• Agitation Sled Dredging Water Quality Assessment Port of Wilmington (NCSPA),
Law Engineering, 1998
• Agitation Dredge Evaluation, Savannah Harbor Ecosystem Restoration Project,
2002
• Monitoring Suspended Sediment Plumes to Evaluate the Effects of Agitation
Dredging in Savannah Harbor, 2003
3.2.1 Savannah Harbor Agitation Dredging Environmental Study, EMC 1993
Similar to the project site, the Savannah Harbor is located within the Savannah River
and is utilized as a major shipping center for the East Coast. Sediments within the
Harbor and associated facility berthing basins experience sedimentation of riverine
deposited materials overtime and require routine maintenance to maintain safe
operating depths for vessels. Agitation dredging of these basins has been approved
and studied in detail within the greater Savannah Harbor area.
The Savannah Harbor Agitation Dredging Environmental Study (EMC 1993) was a
quantitative analysis of the impact sediment suspended by agitation dredging has on
the re-suspension of contaminants, lethal impacts to organisms, dissolved oxygen, and
an assessment of the cumulative impacts of dredging. This study revealed that the
sediment plumes associated with the agitation dredging event did not result in lethal
effects relative to native fish minnow species as result of the plume. During monitoring,
dissolved oxygen levels within the plume were never recorded below 3.0 milligrams per
liter, the level considered threatening to marine life. As such, the study found no
convincing evidence that agitation dredging causes adverse impacts to aquatic life, and
generally resulted in turbidity and dissolved oxygen levels similar to background levels
observed seasonally or in association with the passage of normal vessels in the Harbor.
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3.2.2 Agitation Sled Dredging Water Quality Assessment Port of Wilmington
(NCSPA), Law Engineering, 1998
Required as a permit condition of the Port of Wilmington Berths 1 and 2, Wilmington,
NC (State Permit No. 47-87) Law Engineering conducted this study to quantify the
impacts associated with the practice of agitation dredging. Results of this study
revealed that "dredging apparently caused no significant effect on water temperature,"
"peak turbidity values measured during and after dredging do not indicate a correlation
to dredging activity," and "dredging appears to have no significant impact on dissolved
oxygen at the depths and locations sampled." This study was used as supporting
documentation that agitation dredging does not result in significant impacts to water
quality for various other nearby issued permits authorizing agitation dredging including:
• Koch Petroleum Group (State Permit No. 35-92)
• Altamar (USACE Permit No. SAW-2013-01427, issued May 6, 2015; State
Permit No. 46-92, issued June 5, 2015)
• Hess Corporation (USACE Permit No. SAW-2013-01429, State Permit No. 21-
90)
3.2.3 Agitation Dredge Evaluation, Savannah Harbor Ecosystem Restoration
Project, 2002
This study was commissioned by the ACOE Savannah District to provide data to
evaluate the environmental effects of agitation dredging. The Agitation Dredge
Evaluation, Savannah Harbor Restoration Project (Dial Cordy & ATM 2002) study, was
completed to analyze sediment and water samples associated with re-suspended
plumes for temperature, dissolved oxygen, salinity, turbidity vs. background levels and
to identify any observed impacts to aquatic resources. The conclusions of this study
included determinations that the short-term effects of elevated Total Suspended Solid
(TSS) concentrations had no "unacceptable adverse effects," dissolved oxygen
concentrations downstream of agitation dredging events were similar to background
levels and "is not an significant effect of agitation dredging," and that there "is not
convincing evidence that agitation dredging activity as it is performed in the Savannah
Harbor creates unacceptable adverse impacts on aquatic resources."
3.2.4 Monitoring Suspended Sediment Plumes to Evaluated the Effects of
Agitation Dredging in Savannah Harbor, 2003
To address the remaining concerns of natural resource managers that felt previous
studies (Richardson 1984, Hussey, Gay, and Bell Inc. 1975, EMC, 1993 and Skidway
Institute of Oceanography 1993) failed to completely address potential adverse impacts
of agitation dredging, the USACE commissioned Applied Technology and Management
(ATM) to conduct this study. This study focused on water chemistry sampling, water
quality profiling, and monitoring the movement of the dredged material discharge plume.
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To document and model sediment plumes, an Acoustic Doppler Current Profile (ADCP)
was used along with Total Suspended Solids data to interpret an estimate of the
suspended sediment concentrations and settling distances. Based on the model,
sediment materials suspended by the agitation dredge were limited to no greater than 3
meters above the bottom and were deposited no greater than 2,000 ft. downstream.
TSS concentrations were found to reduce in less than one hour following dredging
activities, and resulted in less TSS concentration and spatial extent than background
neap tide conditions. Under the monitored agitation dredging events turbidity values at
monitoring locations immediately downstream were found to decrease to near
background levels shortly after the tug passed the downstream location of the dredge
path.
The results further indicated that sediment plumes associated with agitation dredging
did not result in lethal effects relative to native fish minnow species as result of the
plume. During monitoring, dissolved oxygen levels within the plume were never
recorded below 3.0 milligrams per liter, the level considered threatening to marine life.
As such, the study found no convincing evidence that agitation dredging cause adverse
impacts to aquatic life, and generally resulted in turbidity and dissolved oxygen levels
similar to background levels observed seasonally or in association with the passage of
normal vessels in the Harbor.
3.3 Existing Biological Assessments and Essential Fish Habitat Determinations
Under the Altamar Inc. and Hess Corporation permits outlined in Section 3.1 , a
determination that agitation dredging may affect but is not likely to adversely affect the
shortnose and Atlantic sturgeon was issued by the USACE on February 6, 2014.
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4.0 EXISTING CONDITIONS
A site review of the project area was completed on February 8 and 9, 2017.
The project area consists of an approximately 3.0 acre (900 ft. x 150 ft.) berthing basin
located on the Northeast Cape Fear River just north of the Hilton Bascule railroad
crossing bridge (Figure 1). The project area is associated with the Kinder Morgan
Liquid Terminal facility located within a 73-acre parcel (Parcel No. R04117-001-003-
000), however all proposed actions are located within the 3-acre basin.
4.1 Bathymetry and Topography
Depths within the basin currently range from 16 ft. to 40 ft., with shallow areas located
along the northern portions of the basin (Attachment 1 — Oct 2016 survey).
The western edge of the basin directly abuts the federal channel and depths within the
channel vary from 27 ft. to 40 ft. (Attachment 1 — Jan 2017 survey). Moring dolphins are
located along the northern edge of the basin, and demarcate the western edge of an
intertidal flat which is exposed during low tide conditions.
The topography landward of the project area is flat to gently sloping, with elevations
varying between 0 ft. at the water's edge to 26 ft. NGVD along the southern project
boundary. Upland areas of the project area range in elevations between 4-26 ft. NGVD.
Wetlands are generally found at elevations between 0-4 ft. NGVD. A USGS
Topographic Quadrangle map is provided as Figure 2.
4.2 Soils
Review of National Resource Conservation Service (NRCS) Soil Survey of New
Hanover County data identified two soil types landward of the project area, and
classified the project area as water (Figure 3).
Dorovan soils (DO) are found on floodplains and consist of muck soils from 0-85 inches
of their profile. Natural drainage is very poor and the water table is typically found at the
soil surface. This soil meets hydric criteria.
Urban land (Ur) soils located within the area do not meet hydric soil criteria and are
generally associated with developed sites.
Sediment samples were collected via a Ponar Grab Sampler at four locations within the
basin (Figure 4). Sediment within the northern and central sample locations consisted
entirely of silt (Photographs 1 and 2). Sediment within the southern sample location
consisted of a mix 80:20 sand and silt, consistent with typical riverine alluvial deposits
(Photograph 3).
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4.3 Land Use
Land use within the basin consists of open water riverine environments and includes a
docking terminal and morning dolphins. Landward of the project area, land uses include
emergent marsh environments on undeveloped portions of the Kinder Morgan parcel,
and a developed chemical facility within upland portions of the parcel (Figure 5).
Vegetation within the undeveloped marsh consisted of big cordgrass (Spartina
cynosuroides), salt bush (Baccharis halimifolia), and scattered cypress trees (Taxodium
sp.).
4.4 Water Quality and Designations
Water quality data was collected on February 8 and 9, 2017 within the basin and within
a 2,000-foot radius upstream and downstream. A tidal change of approximately 5 feet
was observed and data was collected at both high and low tides.
Average values for water quality parameters collected at high and low tides within the
basin, upstream and downstream are provided below:
Parameter Basin Upstream Downstream
Dissolved Oxygen 12.42% 11 .5% 12.6%
pH 6.85 7.01 6.85
Salinity ppt (low tide) 4.01 1 .30 2.27
Salinity ppt (high tide) 5.67 5.53 6.22
NTU 14.4 13.5 12.8
Recorded water quality parameters within the basin, upstream and downstream areas
were generally consistent and no significant differences between sample locations were
observed.
The project is located within waters designated as a North Carolina Marine Fisheries
Primary Nursery Area, waters identified as Anadromous Fish Spawning Areas (AFSA)
by the Marine Fisheries Commission (MFC) and the Wildlife Resources Commission
(WRC), and in waters closed to shellfish harvesting. The project area also lies within the
Stripped Bass Central/South Region Management Area.
The North Carolina Department of Environmental Quality (NCDEQ) classifies the project
waters as SC; Sw (see below for description).
SC —All tidal salt water protected for secondary recreation such as fishing, boating, and
other activities involving minimal skin contact; fish and noncommercial shellfish
consumption; aquatic life propagation and survival; and wildlife.
Primary Surface Water Classifications
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Sw — (Swamp Waters) Supplemental classification intended to recognize those waters
which have low velocities and other natural characteristics which are different from
adjacent streams.
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5.0 ENVIRONMENTAL CONSIDERATIONS
5.1 Alternative Plan Analysis
The following Alternative Analysis outlines the process by which the proposed or
preferred alternative, was chosen.
5.1.1 No Action Alternative
Under the no action alternative, maintenance dredging would not be completed for the
facility berthing basin. Depths along the northeastern edge of the basin would remain
below the required 32 ft. depth and would continue to present a safety hazard for
vessels entering and existing the facility. Shallow depths in this location would continue
to cause a shoal hazard for vessels, and potentially result in a release of hazardous
materials into the waters of the Northeast Cape Fear River.
If unmaintained, sediment would continue to accumulate within the basin and render the
facility unusable for vessels. Under this scenario, the associated facility would be
deemed inoperative and result in economic loss to both the applicant (Kinder Morgan)
and to local individual employees supported by the operation.
5.1.2 Alternative #1 — Overboard Disposal
Under Alternative #1 , maintenance dredging would be completed utilizing a hopper
dredge where a large suction pump extending downward of the vessel is pulled along
the bottom at slow speeds. The dredged material is sucked up to a hopper aboard the
vessel. When the hopper is full, this material is released overboard and allowed to
disperse within the water column. Deposition of the dredge material is dependent upon
the material type, settling values, and water velocity and volume.
Overboard disposal results in re-suspension of sediments at the top of the water column
and typically results in greater adverse effects to water quality parameters as a greater
percentage of the water column is effected by the sediment plume. As detailed in the
Savannah Harbor study (Agitation Dredge Evaluation, Savannah Harbor Restoration
Project (Dial Cordy & ATM 2002); sediment plumes associated with agitation dredging
were limited to a height of 9 meters above the bottom. As such, Alternative #1 would
likely result in greater adverse environmental effects than the proposed alternative.
5.1.3 Alternative #2 — Marine Disposal
Under Alternative #2, maintenance dredging would be completed utilizing a hopper
dredge similar to the overboard disposal alternative, however dredge sediments would
be taken offshore for disposal into oceanic waters. This alternative would require
dredge material to be transported approximately 30 miles south to the mouth of the
20173302.001A I JAX17054978 Page 10 March 28,2017
©2017 Kleinfelder

Cape Fear River near Southport, NC then offshore to an approved offshore disposal
site.
Dredge sediments within the proposed project consists of riverine deposits of silty
materials and likely differ significantly from ocean sediments at an approved offshore
disposal site. Dredge sediments within the proposed project would be subject to the
EPA's Ocean Dumping Regulations and criteria and additional analysis would be
required to determine if the dredged material is suitable for ocean disposal.
Furthermore, transport of dredged material from the proposed project to an offshore
location would result in substantial economic costs, and would result in the following
additional environmental hazards as compared to the preferred alternative; fuel for
transportation and associated carbon emissions, strike hazard of ships to marine
mammals, sea turtles and other aquatic wildlife. As such, Alternative #2 would likely
result in greater adverse environmental effects than the proposed alternative.
5.1.4 Alternative #3 - Upland Disposal
Under Alternative #3, dredge material would be pumped or transported via vessel to an
upland disposal site. The proposed project area is located adjacent to a -73-acre parcel
of land owned and operated by the applicant. The -73-acre parcel contains a chemical
facility and there is currently no available land for upland disposal of the dredge material
within the applicant's property. All undeveloped areas of the parcel consist of wetlands
and disposal of dredge materials within these areas would result in greater impact than
the preferred alternative.
Upland disposal at an offsite area such as a spoil pile or other upland resource abutting
the River would require transportation of the dredged material over an undetermined
distance. Excavated sediments consist of silty riverine deposits and would require
drying and stabilization to allow for consolidation of the materials for stockpiling. Since
the material is primarily composed of silt, the sediment would either need to be dried
over a large area or properly mixed with a stable sediment such as coarse sand to
enhance consolidation. Under this scenario added risk to upland or wetland areas
downslope of the disposal area are presented by erosion and sedimentation of the silt
materials during the drying or mixing process. Further, upland disposal at an offsite
location would require the purchase of property or easements which could render the
project economically infeasible ultimately resulting in the No Action Alternative.
5.1.5 Preferred Alternative
Under the preferred alternative, agitation dredging would be completed during ebb tide
within a seasonal window to avoid direct and indirect impacts to listed species.
Dredged sediments would be re-suspended along the bottom of the water column to
facilitate downstream disposal. Water quality within the bottom of the water column is
typically associated with higher levels of turbidity and lower levels of dissolved oxygen.
Marine organisms within this stratum of the water column have adapted to these
conditions and are less likely to be adversely impacted by sediment plumes than those
20173302.001A I JAX17054978 Page 11 March 28,2017
©2017 Kleinfelder

organisms which utilize the upper stratum of the water column. The recovery of these
early successional species has been documented within a few weeks to six months
(Vittor 2001 , Clarke et. al 1992, Van Dolah et. al. 1984).
Further, sediments within the proposed dredge area consist primarily of fine silt particles
of riverine origin and from an environmental impact standpoint, are better suited for
disposal downstream with like sediments. Proposed agitation dredging will result in
short term suspension of accumulated fine sediments; however, impacts are anticipated
to be de minimis and would result in less environmental impact than the possibility of
product loss from vessel damage resulting from grounding due to shallow depths within
the current basin.
The proposed alternative represents a least impactful alternative that still provides for
an economically viable project and meets the intent of the proposed action.
5.2 Avoidance and Minimization of Impacts
The proposed project lies within the Northeast Cape Fear River, within potential areas
to be seasonally utilized by the federally protected shortnose sturgeon, Atlantic
sturgeon, sea turtles, and West Indian manatee.
The primary dredging period for the project will be November 1 to January 31 to avoid
impact to manatees, sea turtles and sturgeon spawning season. This period is during
the seasonal migratory period for manatees and sea turtles. During this period water
temperatures preclude the use of the area by manatees and sea turtle species, and
these species are typically found further south in their ranges. Further, observed
salinity values within the basin are below the threshold associated with use by sea turtle
species. Any dredging activities outside of this window will be completed only with prior
approval from regulatory agencies.
Agitation dredging will be completed during daily high flow velocities of the ebb tide
such that dredge sediments may be re-suspended into the water column downstream.
Dredging during the higher velocity periods of ebb tide will increase dispersal rates of
suspended sediments resulting in lower turbidity and suspended solids. As detailed in
the ATM 2003 study, sediment entrainment is anticipated to be limited to a maximum
distance of 2,000 feet downstream and no greater than 3 meters above the bottom.
Elevated levels of TSS will reduce within one hour time and peak TSS levels will be less
or comparable to natural background conditions of neap tide.
The proposed project does not differ in concept from recently issued permits for
agitation dredging located just downstream of the project area. Similar to these permits,
the proposed action is not anticipated to cause adverse impacts to federally regulated
fish or wildlife species, nor result in bathymetric changes to the federally navigable
channel.
20173302.001A I JAX17054978 Page 12 March 28,2017
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5.3 Fish, Wildlife, Listed Species and their Habitats
5.3.1 Biological Assessment
Kleinfelder biologists consulted the Information for Planning and Conservation (IPaC)
search through U.S. Fish and Wildlife's https://ecos.fws.gov/ipac/ website on January
25, 2017 to identify potential federally listed species and/or their habitats located within
the project area. The IPaC research list generated from this search can be found in
Attachment 2. There are currently fifteen species listed as federally threatened or
endangered in New Hanover County (Table 1):
TABLE 1. FEDERALLY PROTECTED SPECIES LISTED FOR NEW HANOVER COUNTY
COMMON NAME SCIENTIFIC NAME FEDERAL HABITAT
DESIGNATION PRESENT
Piping plover Charadrius melodus Threatened No
Red knot Calidris canutus rufa Threatened No
Red-cockaded woodpecker Picoides borealis Endangered No
Atlantic sturgeon Acipenser oxyrinchus oxyrinchus Endangered Yes
Shortnose sturgeon Acipenser brevirostrum Endangered Yes
Cooley's meadowrue Thalictrum cooleyi Endangered No
Golden sedge Carex lutea Endangered No
Rough-leaved loosestrife Lysimachia asperulaefolia Endangered No
Seabeach amaranth Amaranthus pumilus Threatened No
Northern long-eared bat Myotis septentrionalis Threatened No
West Indian manatee Trichechus manatus Endangered Yes
American Alligator Alligator mississippiensis Similarity of No
Appearance
Hawksbill sea turtle Eretmochelys imbricate Endangered Yes
Kemp's Ridley sea turtle Lepidochelys kempii Endangered Yes
Leatherback sea turtle Dermochelys coriaciea Endangered Yes
Loggerhead sea turtle Caretta caretta Threatened Yes
Magnificent Ramshorn Planorbella magnifica Candidate No
Of the fifteen-listed species identified seven have suitable habitat located within the
project area. Based on the minimal short-term impacts associated with the dredging
activities, and the primary construction window of November 1 to January 31 ; the
propose project "will not adversely affect" federally listed species.
20173302.001A I JAX17054978 Page 13 March 28,2017
©2017 Kleinfelder

A general project overview, effects analysis, and conclusion determination for each
listed species with potential to be impacted by the project activities is provided in the
Biological Assessment provided as Attachment 3.
5.3.2 Essential Fish Habitat Assessment
Based on review of the Essential Fish Habitat (EFH) Mapper completed on January 26,
2017, the project is located within EFH for the Snapper Grouper Management Complex
and does not provide for Habitats of Particular Concern (HPAC).
Snapper grouper complex species spawn on reefs offshore and utilize estuarine
environments as nursery habitat for juveniles.
Based on the proposed project's dredging technique, and the minimal short-term
impacts associated with the dredging activities the propose project will have "minimal"
effects on the EFH associated with the Snapper Grouper Management Complex. A
general project overview, effects analysis, and conclusion determination for EFH with
potential to be impacted by the project activities is provided is the Essential Fish Habitat
Assessment provided as Attachment 4.
5.4 Water Quality Impacts
Multiple permits have recently been issued by state and federal agencies near the
proposed project authorizing agitation dredging (Section 3.1). The applications
associated with these permits refer to multiple studies (Section 3.2) that have been
designed to analyze the impacts agitation dredging has on water quality. None of the
studies conducted found evidence that agitation dredging resulted in a reduction of
water quality. A summation of the conclusion for each of the studies outlined in Section
3.2 is provided below.
• Savannah Harbor Agitation Dredging Environmental Study, EMC 1993
o Conclusion: the study found no convincing evidence that agitation dredge
cause adverse impact to aquatic life, and generally resulted in turbidity
and dissolved oxygen levels similar to background levels observed
seasonally or in association with the passage of normal vessels in the
Harbor.
• Agitation Sled Dredging Water Quality Assessment Port of Wilmington (NCSPA),
Law Engineering, 1998
o Conclusion: the study revealed that "dredging apparently caused no
significant effect on water temperature," "peak turbidity values measured
during and after dredging do not indicate a correlation to dredging activity,"
and "dredging appears to have no significant impact on dissolved oxygen
at the depths and locations sampled."
• Agitation Dredge Evaluation, Savannah Harbor Ecosystem Restoration Project,
2002
20173302.001A I JAX17054978 Page 14 March 28,2017
©2017 Kleinfelder

o Conclusion: the short-term effects of elevated Total Suspended Solid
concentrations had no "unacceptable adverse effects," dissolved oxygen
concentrations downstream of agitation dredging events were similar to
background levels and "is not an significant effect of agitation dredging,"
and that there "is not convincing evidence that agitation dredging activity
as it is performed in the Savannah Harbor creates unacceptable adverse
impacts on aquatic resources."
• Monitoring Suspended Sediment Plumes to Evaluated the Effects of Agitation
Dredging in Savannah Harbor, 2003
o Conclusion: the study found no convincing evidence that agitation
dredging causes adverse impact to aquatic life, and generally results in
turbidity and dissolved oxygen levels similar to background levels
observed seasonally or in association with the passage of normal vessels
in the Harbor.
Water quality impacts associated with the proposed project are not expected to result in
any adverse effects.
5.5 Public Interest
The proposed action is located within an active berthing basin for vessels loading and
unloading chemical product for the Kinder Morgan facility. The basin is located
immediately adjacent to the federally navigable channel and the proposed action will not
result in reduced access to the area for general public use.
Public use of the area includes recreational fishing and boating activities, and none of
these public uses will be reduced by the proposed action.
Dredging of the basin to restore safe operational depths is in the best public interest, as
it will reduce or eliminate the risk of vessels running around in shallow areas of the
basin which could result in the discharge of hazardous materials into the river.
5.6 Historic and Cultural Resources
During the active condition of the existing permit allowing maintenance dredging
activities, no historic or cultural resources have been identified within the berth
boundaries. The proposed modification to allow the use of agitation dredging to
maintain the previously permitted depth of 32 ft. below the normal low water and will
only disturb recent sediment deposits that have accumulated since the last maintenance
dredging event. The project will not be disturbing any sediments of historic origin.
20173302.001A I JAX17054978 Page 15 March 28,2017
©2017 Kleinfelder

5.7 Mitigation Plan
The applicant does not propose any mitigation for the direct impacts to the
unconsolidated bottom within the project area. Any secondary impacts associated with
the re-suspension of the fine sediments are temporary in nature and limited to a
maximum downstream distanced of 2,000 feet. This downstream area was sampled on
February 8 and 9, 2017 and no significant benthic resources (submerged aquatic
vegetation, hardbottom, oyster reef, artificial reef, coral reef, live/hard bottom, or shell
banks) occur downstream in the zone of potential secondary disturbance. The transport
of sediment will occur from unconsolidated bottom to unconsolidated bottom resulting in
no change in the benthic environment.
The applicant proposes to complete the maintenance dredging activities during the
primary dredging period of November 1 to January 31 to avoid impact to manatees, sea
turtles and sturgeon spawning season. Any dredging activities outside of this window
will be completed only with prior approval from regulatory agencies.
The applicant proposes to complete pre-and post-dredging hydrographic surveys of the
900 foot by 150 foot berth as well as portions of the adjacent Federal channel.
20173302.001A I JAX17054978 Page 16 March 28,2017
©2017 Kleinfelder

6.0 REFERECNCES
Agitation Sled Dredging Water Quality Assessment Berth 1 and 2, Port of Wilmington,
NCSPA Project No. 10070, Wilmington, North Carolina prepared for North Carolina
Ports Authority, Law Engineering and Environmental Services, Inc. (Law Project No.
31000-8-1039 dated 8/18/1998).
Applied Technology Management. (2003, July). Monitoring Suspended Sediment
Plumes to Evaluate the Effects of Agitation Dredging in Savannah Harbor. Paper
presented at the Proceedings of the 13th Biennial Coastal Zone Conference, Baltimore,
MD.
Clarke, D. and T. Miller-Way (1992). An environmental assessment of the effects of
open water disposal of maintenance dredge material on benthic resources in Mobile
Bay, Alabama. Army Corps of Engineers, Vicksburg, Mississippi.
EMC. (1993) Savannah Harbor Agitation Dredging Environmental Study for Georgia
Ports Authority, Amoco Oil Company, Chevron USA, Colonial Oil, Domtar Gypsum,
Intermarine, Koch Materials, Powell Duffryn, Savannah Marine Services, Savannah
Foods and Industries. Prepared by EMC Engineering Services, Inc., Savannah, GA
March, 1993.
Final Report, Agitation Dredge Evaluation, Savannah Harbor Ecosystem Restoration
Project. Dial Cordy and Associates, June17, 2002.
Hussey, Gay, and Bell, Inc. 1975 Engineering Report on Agitation Dredging in
Savannah Harbor. Report to Savannah Harbor Committee on Agitation Dredging. In
Richardson, 1984.
Richardson, T.W. 1984. Agitation Dredging: Lessons and Guidelines from Past Projects.
Prepared by U.S. Army Engineer Waterways, Experiment Station. Technical Report HL-
84-6, NTIS No. AD-A150 146.
Skidway Institute of Oceanography. 1993. Environmental Impact of Agitation Dredging
at Southern Bulk Industries Terminal and East Coast Terminals and Wood Chip
Exporting Facility. Prepared by: Skidaway Institute of Oceanography for Terminal
Management Corporation. May, 1993.
(NOAA website accessed January 2017)
http://www.habitat.noaa.pov/protection/efh/efhmapper/
Van Dolah, R.F., Calder, D.R., Knott, D.M. (1984). Effects of dredging and open water
disposal on benthic macroinvertebrates in a South Carolina Estuary.
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©2017 Kleinfelder

Vittor Associates (2001) Savannah Harbor Agitation Dreding: Benthic Biological Impact
Assessment In Support of Savannah Harbor Ecosystem Restoration: Agitation Dredge
Evaluation Study. Mobile, Alabama
20173302.001A I JAX17054978 Page 18 March 28,2017
©2017 Kleinfelder

KLEINFELDER
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ATTACHMENTS

KLEINFELDER
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FIGURES

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KLEINEELDER
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ATTACHMENT 1
Hydrographic Surveys

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KLEINEELDER
Bright People.Right Solutions.
ATTACHMENT 3
IPaC Research List

IPaC: Explore Location Page 1 of 12
IPaC U.S. Fish &Wildlife Service
IPaC resource list
Location
New Hanover County, North Carolina
iii>
Local office
Raleigh Ecological Services Field Office
t. [phone]
fi [phone]
MAILING ADDRESS
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, NC 27606-1487
https://ecos.fws.gov/ipac/location/FJUYFB26XNDTXKTH7NF4IV3POQ/resources 1/25/2017

IPaC: Explore Location Page 2 of 12
Endangered species
This resource list is for informational purposes only and should not be used for
planning or analyzing project level impacts.
Section 7 of the Endangered Species Act requires Federal agencies to "request of
the Secretary information whether any species which is listed or proposed to be
listed may be present in the area of such proposed action" for any project that is
conducted, permitted, funded, or licensed by any Federal agency.
A letter from the local office and a species list which fulfills this requirement
can only be obtained by requesting an official species list either from the
Regulatory Review section in IPaC or from the local field office directly.
For project evaluations that require USFWS concurrence/review, please return to
the IPaC website and request an official species list by creating a project and
making a request from the Regulatory Review section.
Listed species
are managed by the Endangered Species Program of the U.S. Fish and Wildlife
Service.
1 . Species listed under the Endangered Species Act are threatened or endangered;
IPaC also shows species that are candidates, or proposed, for listing. See the listing
status page for more information.
The following species are potentially affected by activities in this location:
Birds
NAME STATUS
Piping Plover Charadrius melodus Threatened
There is a final critical habitat designated for this species.
Your location is outside the designated critical habitat.
http://ecos.fws.gov/ecp/species/6039
Red Knot Calidris canutus rufa Threatened
No critical habitat has been designated for this species.
http://ecos.fws.gov/ecp/species/1864
https://ecos.fws.gov/ipac/location/FJUYFB26XNDTXKTH7NF4IV3POQ/resources 1/25/2017

IPaC: Explore Location Page 3 of 12
Red-cockaded Woodpecker Picoides borealis Endangered
No critical habitat has been designated for this species.
http://ecos.fws.gov/ecp/species/7614
Fishes
NAME STATUS
Atlantic Sturgeon Acipenser oxyrinchus oxyrinchus Endangered
No critical habitat has been designated for this species.
http://ecos.fws.gov/ecp/species/3252
Shortnose Sturgeon Acipenser brevirostrum Endangered
No critical habitat has been designated for this species.
http://ecos.fws.gov/ecp/species/6635
Flowering Plants
NAME STATUS
Cooley's Meadowrue Thalictrum cooleyi Endangered
No critical habitat has been designated for this species.
http://ecos.fws.gov/ecp/species/3281
Golden Sedge Carex lutea Endangered
There is a final critical habitat designated for this species.
Your location is outside the designated critical habitat.
http://ecos.fws.gov/ecp/species/6025
Rough-leaved Loosestrife Lysimachia asperulaefolia Endangered
No critical habitat has been designated for this species.
http://ecos.fws.gov/ecp/species/2747
Seabeach Amaranth Amaranthus pumilus Threatened
No critical habitat has been designated for this species.
http://ecos.fws.gov/ecp/species/8549
https://ecos.fws.gov/ipac/location/FJUYFB26XNDTXKTH7NF4IV3POQ/resources 1/25/2017

IPaC: Explore Location Page 4 of 12
Mammals
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis Threatened
No critical habitat has been designated for this species.
http://ecos.fws.gov/ecp/species/9045
West Indian Manatee Trichechus manatus Endangered
There is a final critical habitat designated for this species.
Your location is outside the designated critical habitat.
http://ecos.fws.gov/ecp/species/4469
Reptiles
NAME STATUS
American Alligator Alligator mississippiensis SAT
No critical habitat has been designated for this species.
http://ecos.fws.gov/ecp/species/776
Hawksbill Sea Turtle Eretmochelys imbricata Endangered
There is a final critical habitat designated for this species.
Your location is outside the designated critical habitat.
http://ecos.fws.gov/ecp/species/3656
Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
No critical habitat has been designated for this species.
http://ecos.fws.gov/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea Endangered
There is a final critical habitat designated for this species.
Your location is outside the designated critical habitat.
http://ecos.fws.gov/ecp/species/1493
Loggerhead Sea Turtle Caretta caretta Threatened
There is a final critical habitat designated for this species.
Your location is outside the designated critical habitat.
http://ecos.fws.gov/ecp/species/1110
Snails
https://ecos.fws.gov/ipac/location/FJUYFB26XNDTXKTH7NF4IV3POQ/resources 1/25/2017

IPaC: Explore Location Page 5 of 12
NAME STATUS
Magnificent Ramshorn Planorbella magnifica Candidate
No critical habitat has been designated for this species.
http://ecos.fws.gov/ecp/species/6216
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with
the endangered species themselves.
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.
V igratory birds
Birds are protected under the Migratory Bird Treaty Act
and the Bald and Golden Eagle Protection Act?.
Any activity that results in the take (to harass, harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect, or to attempt to engage in any such conduct) of migratory
birds or eagles is prohibited unless authorized by the U.S. Fish and Wildlife Service
3. There are no provisions for allowing the take of migratory birds that are
unintentionally killed or injured.
Any person or organization who plans or conducts activities that may result in the
take of migratory birds is responsible for complying with the appropriate regulations
and implementing appropriate conservation measures.
1 . The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
Additional information can be found using the following links:
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-
species/
birds-of-conservation-concern.php
https://ecos.fws.gov/ipac/location/FJUYFB26XNDTXKTH7NF4IV3POQ/resources 1/25/2017

IPaC: Explore Location Page 6 of 12
• Conservation measures for birds http://www.fws.gov/birds/management/project-
assessment-tools-and-guidance/
conservation-measures.php
• Year-round bird occurrence data
http://www.birdscanada.org/birdmon/default/datasummaries.jsp
The migratory birds species listed below are species of particular conservation
concern (e.g. Birds of Conservation Concern) that may be potentially affected by
activities in this location, not a list of every bird species you may find in this location.
Although it is important to try to avoid and minimize impacts to all birds, special
attention should be made to avoid and minimize impacts to birds of priority concern.
To view available data on other bird species that may occur in your project area,
please visit the AKN Histogram Tools and Other Bird Data Resources.
NAME SEASON(S)
American Bittern Botaurus lentiginosus Wintering
http://ecos.fws.gov/ecp/species/6582
American Kestrel Falco sparverius paulus Year-round
American Oystercatcher Haematopus palliatus Year-round
http://ecos.fws.gov/ecp/species/8935
Bachman's Sparrow Aimophila aestivalis Year-round
http://ecos.fws.gov/ecp/species/6177
Bald Eagle Haliaeetus leucocephalus Year-round
http://ecos.fws.gov/ecp/species/1626
Black Rail Laterallus jamaicensis Breeding
http://ecos.fws.gov/ecp/species/7717
Black Skimmer Rynchops niger Year-round
http://ecos.fws.gov/ecp/species/5234
Black-throated Green Warbler Dendroica virens Breeding
Brown-headed Nuthatch Sitta pusilla Year-round
https://ecos.fws.gov/ipac/location/FJUYFB26XNDTXKTH7NF4IV3POQ/resources 1/25/2017

IPaC: Explore Location Page 7 of 12
Chuck-will's-widow Caprimulgus carolinensis Breeding
Fox Sparrow Passerella iliaca Wintering
Gull-billed Tern Gelochelidon nilotica Breeding
http://ecos.fws.gov/ecp/species/9501
Henslow's Sparrow Ammodramus henslowii Wintering
http://ecos.fws.gov/ecp/species/3941
Least Bittern Ixobrychus exilis Breeding
http://ecos.fws.gov/ecp/species/6175
Lesser Yellowlegs Tringa flavipes Wintering
http://ecos.fws.gov/ecp/species/9679
Loggerhead Shrike Lanius ludovicianus Year-round
http://ecos.fws.gov/ecp/species/8833
Marbled Godwit Limosa fedoa Wintering
http://ecos.fws.gov/ecp/species/9481
Nelson's Sparrow Ammodramus nelsoni Wintering
Painted Bunting Passerina ciris Breeding
Peregrine Falcon Falco peregrinus Wintering
http://ecos.fws.gov/ecp/species/8831
Prairie Warbler Dendroica discolor Breeding
Prothonotary Warbler Protonotaria citrea Breeding
Purple Sandpiper Calidris maritima Wintering
https://ecos.fws.gov/ipac/location/FJUYFB26XNDTXKTH7NF4IV3POQ/resources 1/25/2017

IPaC: Explore Location Page 8 of 12
Red Knot Calidris canutus rufa Wintering
http://ecos.fws.gov/ecp/species/1864
Red-headed Woodpecker Melanerpes erythrocephalus Year-round
Rusty Blackbird Euphagus carolinus Wintering
Saltmarsh Sparrow Ammodramus caudacutus Wintering
Seaside Sparrow Ammodramus maritimus Year-round
Sedge Wren Cistothorus platensis Wintering
Short-billed Dowitcher Limnodromus griseus Wintering
http://ecos.fws.gov/ecp/species/9480
Short-eared Owl Asio flammeus Wintering
http://ecos.fws.gov/ecp/species/9295
Swainson's Warbler Limnothlypis swainsonii Breeding
Whimbrel Numenius phaeopus Wintering
http://ecos.fws.gov/ecp/species/9483
Wilson's Plover Charadrius wilsonia Breeding
Wood Thrush Hylocichla mustelina Breeding
Worm Eating Warbler Helmitheros vermivorum Breeding
Yellow Rail Coturnicops noveboracensis Wintering
http://ecos.fws.gov/ecp/species/9476
What does IPaC use to generate the list of migratory bird species potentially occurring in my
specified location?
https://ecos.fws.gov/ipac/location/FJUYFB26XNDTXKTH7NF4IV3POQ/resources 1/25/2017

IPaC: Explore Location Page 9 of 12
Landbirds:
Migratory birds that are displayed on the IPaC species list are based on ranges in the latest edition
of the National Geographic Guide, Birds of North America (6th Edition, 2011 by Jon L. Dunn, and
Jonathan Alderfer). Although these ranges are coarse in nature, a number of U.S. Fish and Wildlife
Service migratory bird biologists agree that these maps are some of the best range maps to date.
These ranges were clipped to a specific Bird Conservation Region (BCR) or USFWS Region/Regions,
if it was indicated in the 2008 list of Birds of Conservation Concern (BCC)that a species was a BCC
species only in a particular Region/Regions.Additional modifications have been made to some
ranges based on more local or refined range information and/or information provided by U.S. Fish
and Wildlife Service biologists with species expertise. All migratory birds that show in areas on land
in IPaC are those that appear in the 2008 Birds of Conservation Concern report.
Atlantic Seabirds:
Ranges in IPaC for birds off the Atlantic coast are derived from species distribution models
developed by the National Oceanic and Atmospheric Association (NOAA) National Centers for
Coastal Ocean Science (NCCOS) using the best available seabird survey data for the offshore
Atlantic Coastal region to date. NOAANCCOS assisted USFWS in developing seasonal species
ranges from their models for specific use in IPaC. Some of these birds are not BCC species but
were of interest for inclusion because they may occur in high abundance off the coast at different
times throughout the year, which potentially makes them more susceptible to certain types of
development and activities taking place in that area. For more refined details about the abundance
and richness of bird species within your project area off the Atlantic Coast, see the Northeast
Ocean Data Portal. The Portal also offers data and information about other types of taxa that may
be helpful in your project review.
About the NOAANCCOS models: the models were developed as part of the NOAANCCOS project:
Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and
Abundance on the Atlantic Outer Continental Shelf. The models resulting from this project are
being used in a number of decision-support/mapping products in order to help guide decision-
making on activities off the Atlantic Coast with the goal of reducing impacts to migratory birds. One
such product is the Northeast Ocean Data Portal, which can be used to explore details about the
relative occurrence and abundance of bird species in a particular area off the Atlantic Coast.
All migratory bird range maps within IPaC are continuously being updated as new and better
information becomes available.
Can I get additional information about the levels of occurrence in my project area of specific
birds or groups of birds listed in IPaC?
Landbirds:
The Avian Knowledge Network(AKN) provides a tool currently called the "Histogram Tool",which
draws from the data within the AKN (latest,survey, point count, citizen science datasets)to create a
view of relative abundance of species within a particular location over the course of the year.The
https://ecos.fws.gov/ipac/location/FJUYFB26XNDTXKTH7NF4IV3POQ/resources 1/25/2017

IPaC: Explore Location Page 10 of 12
results of the tool depict the frequency of detection of a species in survey events, averaged
between multiple datasets within AKN in a particular week of the year. You may access the
histogram tools through the Migratory Bird Programs AKN Histogram Tools webpage.
The tool is currently available for 4 regions (California, Northeast U.S., Southeast U.S. and Midwest),
which encompasses the following 32 states:Alabama,Arkansas, California, Connecticut, Delaware,
Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts,
Michigan, Minnesota, Mississippi, Missouri, New Hampshire, New Jersey, New York, North,
Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina,Tennessee,Vermont,Virginia, West
Virginia, and Wisconsin.
In the near future,there are plans to expand this tool nationwide within the AKN, and allow the
graphs produced to appear with the list of trust resources generated by IPaC, providing you with
an additional level of detail about the level of occurrence of the species of particular concern
potentially occurring in your project area throughout the course of the year.
Atlantic Seabirds:
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast
Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that
may be helpful to you in your project review. Alternately,you may download the bird model results
files underlying the portal maps through the NOAANCCOS Integrative Statistical Modeling and
Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental
Shelf project webpage.
Facilities
Wildlife refuges
Any activity proposed on National Wildlife Refuge lands must undergo a 'Compatibility
Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGES AT THIS LOCATION.
Fish hatcheries
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.
https://ecos.fws.gov/ipac/location/FJUYFB26XNDTXKTH7NF4IV3POQ/resources 1/25/2017

IPaC: Explore Location Page 11 of 12
Wetlands in the National Wetlands
Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation
under Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local
U.S. Army Corps of Engineers District.
This location overlaps the following wetlands:
ESTUARINE AND MARINE DEEPWATER
E1 UBL
FRESHWATER EMERGENT WETLAND
PEM1 Nd
RIVERINE
R1 UBV
A full description for each wetland code can be found at the National Wetlands
Inventory website: https://ecos.fws.gov/ipac/wetlands/decoder
https://ecos.fws.gov/ipac/location/FJUYFB26XNDTXKTH7NF4IV3POQ/resources 1/25/2017

IPaC: Explore Location Page 12 of 12
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance
level information on the location, type and size of these resources. The maps are prepared from
the analysis of high altitude imagery. Wetlands are identified based on vegetation,visible
hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on-
the-ground inspection of any particular site may result in revision of the wetland boundaries or
classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the
image analysts, the amount and quality of the collateral data and the amount of ground truth
verification work conducted. Metadata should be consulted to determine the date of the source
imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work.
There may be occasional differences in polygon boundaries or classifications between the
information depicted on the map and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the
limitations of aerial imagery as the primary data source used to detect wetlands.These habitats
include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal
zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or
tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of
their depth, go undetected by aerial imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and
describe wetlands in a different manner than that used in this inventory.There is no attempt, in
either the design or products of this inventory,to define the limits of proprietary jurisdiction of any
Federal, state, or local government or to establish the geographical scope of the regulatory
programs of government agencies. Persons intending to engage in activities involving
modifications within or adjacent to wetland areas should seek the advice of appropriate federal,
state, or local agencies concerning specified agency regulatory programs and proprietary
jurisdictions that may affect such activities.
https://ecos.fws.gov/ipac/location/FJUYFB26XNDTXKTH7NF4IV3POQ/resources 1/25/2017

KL EINFEL DER
4.. r►vow+ R.pr r Sstieox
Attachment -4
North 6th Street Maintenance Dredge
New Hanover COUNTY, NORTH CAROLINA
SECTION 10 & 404 INDIVIDUAL PERMIT APPLICATION:
BIOLOGICAL ASSESSMENT DOCUMENT
20173302.001A I JAX17054978 March 28, 2017
©2017 Kleinfelder

North 6th Street Maintenance Dredge
NEW HANOVER COUNTY, NORTH CAROLINA
SECTION 10 & 404 INDIVIDUAL PERMIT APPLICATION:
BIOLOGICAL ASSESSMENT DOCUMENT
1.0 INTRODUCTION 1
2.0 PROJECT DESCRIPTION 2
3.0 EFFECTS ANALYSIS AND DETERMINATION OF EFFECTS 3
4.0 SUMMARY 6
5.0 REFERENCES 7
FIGURES
Figure 1 Project Location
Figure 2 Agitation Dredging Boundary
ATTACHMENTS
Attachment 1 Hydrographic Surveys
Attachment 2 Guidelines for Avoiding Impacts to the West Indian Manatee,
Precautionary Measures for Construction Activities in North
Carolina Waters
Attachment 3 Sea Turtle and Smalltooth Sawfish Construction Conditions
20173302.001A I JAX17054978 March 28, 2017
©2017 Kleinfelder

1.0 INTRODUCTION
Kinder Morgan (applicant) has operated the facility and associated commercial berthing
operation at the North 6th Street Facility since 2013. The facility is located on the
Northeast Cape Fear River north of the Isabel Holmes Bridge and just north of the
railroad crossing bridge. Prior to 2013, the facility was operated by Chemserve, with
initial permits issued for maintenance dredging in 1988 (State) and 1989 (Federal).
The applicant maintains an approved US Army Corps of Engineers (ACOE) General
Permit (No. 198000291) (Action ID SAW-1988-00516) and State of North Carolina
Department of Environment and Natural Resources and Coastal Resources
Commission (CAMA) Permit (No. 255-88) which allowed for the maintenance of a
berthing depth of 32 feet. These permits approved mechanical excavation or hydraulic
pipeline dredge excavation of material not to exceed 1 ,000 cubic yards, and required
material to be redeposited at a suitable high-ground (upland) disposal site.
Overtime sediment deposition has reduced berthing depths such that normal safe
vessel operations are precluded. Depths currently vary between 16 and 40 feet
(Attachment 1), and shallow depths less than 32 feet present a hazard to vessels within
the facility. The applicant maintains no suitable high-ground disposal areas within the
adjacent parcel, and the proposed dredging operation will require 5,500 cubic yards of
material to be removed from the existing berthing basin to restore safe operational
depths.
An Individual Permit (IP) application is being submitted to the ACOE requesting
authorization to complete agitation dredging to restore and maintain the required 32 feet
berthing depth. In support of the IP, a Biological Assessment is provided herein. Based
on the proposed action, the applicant is seeking concurrence from the U.S. Fish and
Wildlife Service (USFWS) that the proposed action may affect, but is not likely to
adversely affect federally listed species.
On February 6, 2014, the ACOE issued a "may affect, but not likely to adversely
affect" determination for shortnose and Atlantic sturgeon in response to permit
applications submitted by Altamar, Inc. and Hess Corporation. The applications
submitted by the above entities requested the performance of agitation dredging at
existing shipping berths in the Cape Fear River like the IP application submitted in
connection with this Biological Assessment. The projects referenced above were
assigned ACOE Action ID#'s SAW-2013-01429 and SAW-2013-01437.
20173302.001A I JAX17054978 Page 1 March 28, 2017
©2017 Kleinfelder

2.0 PROJECT DESCRIPTION
The project is located below the Normal High Waterline (NHW) of state parcel
B2000901052 located at 2005 North 6th Street, Wilmington, NC (Figure 1). The project
area includes a 900-foot by 150-foot section of benthic sediments located 30 river miles
upstream of the Cape Fear River mouth (Figure 2). This area is currently used for the
periodic berthing of large chemical container ships and varies in depth from 16 feet to
40 feet (See Attachment 1 for hydrographic survey data). The shoaling rate within this
segment of the river is accelerated and maintenance dredging is necessary to maintain
depths greater than 32 feet to avoid potential safety hazards associated with berthing
and unloading vessels. Depths shallower than 32 feet pose a grounding and potential
hull breach concern for the vessels utilizing the berth.
Mechanical agitation dredging will be completed via a sled or I-beam pulled along the
bottom sediments by a tug boat or similar vessel. The sled or beam shall be pulled
along the length of the basin at the substrate line during ebb tides to facilitate re-
suspension of accumulated sediments and restoration of required depths.
The project will be completed during the primary dredging period of November 1 to
January 31 . Any dredging activities outside of this window will be completed only with
prior approval from regulatory agencies.
20173302.001A I JAX17054978 Page 2 March 28, 2017
©2017 Kleinfelder

3.0 EFFECTS ANALYSIS AND DETERMINATION OF EFFECTS
The proposed project will disturb an area of approximately 44,567 square feet of
accumulated sediments, and result in the removal of 5,500 cubic yards of material
which will be re-suspended into the river during ebb tide. In addition to the direct
impacts associated with the re-suspension of benthic sediments minor secondary
impacts may include sediment transport and increased turbidity downstream of the
agitation dredging activity.
Kleinfelder biologists consulted the Information for Planning and Conservation (IPaC)
search through U.S. Fish and Wildlife's https://ecos.fws.gov/ipac/ website on January
25, 2017 to identify potential federally listed species and/or their habitats located within
the project area. On February 8 and 9, 2017 Kleinfelder biologists completed an onsite
environmental assessment of the project area and upstream and downstream waters
within a 2,000ft area. Of the species listed in the IPaC search, seven have suitable
habitat located within the project area. These species are discussed herein.
Atlantic Sturgeon (Acipenser oxyrinchus)
Spending most its life in brackish or salt water this anadromous fish may live up to 60
years and weigh up to 100 pounds. Utilizing bottom sediments as their foraging area,
Atlantic sturgeon prey upon worms, snails, shellfish, crustaceans, and small fish. The
age at which this species reaches sexual maturity varies between 11 to 12 years for
males and 18 to 20 years for females. Spawning habits of this species begin with males
migrating into freshwater during March and April, one month before females. They do
not school together but meander singly. Females begin spawning as soon as they reach
the spawning grounds. Both males and females may remain in the river until late fall
before migrating back to the Atlantic Ocean. After hatching the young tend to remain in
their natal areas up to five years before beginning their journey to the ocean. Immature
Atlantic sturgeon may also wander in and out of the Atlantic Coastline. Historic
pressures on this species included harvesting Altlantic sturgeon for their meat, oil, and
roe (USFWS, 2017). NOAA's National Marine Fisheries Service (NMFS) listed the
Carolina distinct population segment as endangered in 2012 (CFRP, 2013). Current
pressures on this species include reduced habitat quality and nutrient loading (USFWS,
2017).
Based on the reviewed literature, adult Atlantic sturgeon will not be directly impacted by
the proposed project. With the project activity dates occuring outside February 1 to
September 30 it is very unlikely that adult Atlantic sturgeon will be in this portion of the
Cape Fear River during dredging activities. It is also unlikely that the project activities
will directly impact any spawning efforts of this species due to the restricted activity
dates. Any alterations to foraging habitat associated with the project activities will be
temporary in nature. It is possible that juvenile Atlantic sturgeon could be present near
20173302.001A I JAX17054978 Page 3 March 28, 2017
©2017 Kleinfelder

the project activities, however, there is plenty of other more suitable foraging habitat in
the area that they will likely utilize during dredging events.
This project "May affect, but is not likely to adversely affect" the population of
Atlantic sturgeon.
Shortnose sturgeon (Acipenser brevirostrum)
Shortnose sturgeon primarily live in rivers, may reach a length of 4 feet and obtain a
weight of 25 pounds. Utilizing bottom sediments as their foraging area, shortnose
sturgeon prey upon mussels, worms, small crustaceans, and insect larvae. The age at
which members of this species inhabiting the southern range of the population reaches
sexual maturity can be as early as 2 to- 3 years for males and 6 years for females. This
species migrates to the swift moving upstream reaches of rivers to spawn in the spring.
In the southeastern U.S. the spawning migration generally begins in February. Adults
will aggregate in overwintering sites within deep holes in their natal river during fall and
early winter (USFWS, 2017). In 1995 the Shortnose Sturgeon Recovery Team
estimated the population of shortnose sturgeon comprised less than 50 individuals
(CFRP, 2013). Historic pressures on this species include overfishing, dam construction,
and deteriorating water quality. The shortnose sturgeon was listed as endangered in
1967. This species has still not recovered to historic population levels, but is somewhat
common in natal rivers of the southeastern U.S. and Chesapeake Bay drainage. Loss
of spawning habitat and incidental take of this species by commercial fishing activities
continue to put pressure on the recovery of this species (USFWS, 2017)
Based on the reviewed literature, the proposed project will have minimal impacts on this
listed species. Dredging activities will take place outside of the typical spawning period
of the shortnose sturgeon and do not occur in suitable spawning habitat. Suitable
foraging habitat is found within the project area; however, impacts will be temporary in
nature and plentiful additional foraging habitat occurs nearby. It is unlikely that the
project area would be utilized as an overwintering site based on areas of additional
depth associated with the adjacent federal channel.
This project "May affect, but is not likely to adversely affect" the population of
shortnose sturgeon.
West Indian Manatee (Trichechus manatus)
The West Indian manatee is an aquatic mammal with an average size of 10 feet long
and weighing 1,000 pounds. This large aquatic mammal lives in fresh and saltwater
coastal areas such as canals, rivers, estuarine habitats, and saltwater bays. Per the
USFWS "Guidelines for Avoiding Impacts to the West Indian Manatee, Precautionary
Measures for Construction Activities in North Carolina Waters" (Attachment 2), this
endangered species may occur in North Carolina State waters during the warmer
months of June through October. This species does not tolerate temperatures below 68
degrees Fahrenheit for extended periods of time. Manatee feed primarily on aquatic
20173302.001A I JAX17054978 Page 4 March 28, 2017
©2017 Kleinfelder

and shoreline vegetation spending up to 5 hours a day grazing. Based on estimates
provided by the USFWS the total population of this species within its current range is
approximately 13,000 individuals. Based on aerial surveys conducted over the Florida
wintering grounds, population numbers have increased from 1 ,267 in 1991 to 6,300 in
2016. The population numbers of this species appear to be recovering and on January
8, 2016 the USFWS proposed to reclassify the West Indian manatee from endangered
to threatened (USFWS, 2017).
Based on the literature reviewed, the proposed project will have a very small chance of
impacting this listed species. The restricted proposed activity dates occur during the
colder fall and winter months (October to January) during which time the water is too
cold to support this mammalian species. The applicant also proposes to follow all the
USFWS "Guidelines for Avoiding Impacts to the West Indian Manatee, Precautionary
Measures for Construction Activities in North Carolina Waters" as an added
precautionary measure.
This project "May affect, but is not likely to adversely affect" the population of West
Indian manatee.
Listed Sea Turtle Species
Four listed sea turtle species including the hawksbill sea turtle (Eretmochelys imbricata),
Kemp's ridley sea turtle (Lepidochelys kempii), leatherback sea turtle (Dermochelys
coriacea), and the loggerhead sea turtle (Caretta caretta) were listed as potential listed
species occurring within the project area by the USFWS IPaC report. Base on literature
review hawksbill and leatherback sea turtles infrequently enter inshore waters. Kemp's
ridley sea turtles can be present in North Carolina inshore waters from April to
December (Epperly et. al., 1995). Loggerhead sea turtles are known to frequently use
coastal waters and have been observed migrating along the North Carolina coast
(Wynn, 1999 and Epperly et. al., 1995)
It is unlikely that the proposed project will have any impact on listed sea turtle species.
Protective measures the applicant proposes include conducting agitation dredging using
an I-Beam vs. hopper dredge operation, and adhering to the "Sea Turtle and Smalltooth
Sawfish Construction Conditions" (NOAA-NMFS) provided in Attachment 3. Further,
the applicant proposes to complete construction activities during the colder fall and
winter months (October to January) when sea turtle species have migrated to southern
portions of their range and beyond the limits of the proposed action.
This project "May affect, but is not likely to adversely affect" the population of
hawksbill sea turtle, Kemp's ridley sea turtle, leatherback sea turtle, or loggerhead sea
turtle.
20173302.001A I JAX17054978 Page 5 March 28, 2017
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4.0 SUMMARY
A thorough review of all seven-listed species identified with suitable habitat occurring
within the project area returned an effect determination of "May affect, but is not likely
to adversely affect" for each listed species.
Construction is proposed in the during colder fall and winter months (October to
January) outside of the spawning period of Atlantic and shortnose sturgeon, and when
West Indian manatees and sea turtle species have migrated to areas south of the
project area. No adverse impacts to any listed species from the proposed dredging
activities are anticipated.
20173302.001A I JAX17054978 Page 6 March 28, 2017
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6.0 REFERENCES
Applied Technology Management. (2003, July). Monitoring Suspended Sediment
Plumes to Evaluate the Effects of Agitation Dredging in Savannah Harbor. Paper
presented at the Proceedings of the 13th Biennial Coastal Zone Conference, Baltimore,
MD.
Cape Fear River Partnership (CFRP). April 2013. Cape Fear River Basin Action Plan for
Migratory Fish. https://www.habitat.noaa.gov. Assessed January 2017.
Epperly, S.P., J. Braun, & A. Veishlow. 1995. Sea turtles in North Carolina waters.
Conservation Biology 9(2): 384-394.
(USFWS,website accessed January 2017)
https://www.fws.gov/chesapeakebay/sturgeon.html
(USFWS, website accessed January 2017)
https://www.fws.gov/nc-es/mammal/manatee.html
(USFWS, website accessed January 2017)
https://www.fws.gov/southeast/wildlife/mammal/manatee/
U.S. Fish Wildlife Service. August 2003. Shortnose Sturgeon Fact Sheet.
http://www.fws.gov. Accessed January 2017.
Wynne, B. 1999. Scoping information to be used in preparing an environmental
document for the dredging of Mason Inlet, New Hanover County. North Carolina Wildlife
Resources Commission, Raleigh.
20173302.001A I JAX17054978 Page 7 March 28, 2017
©2017 Kleinfelder

KLEINFELDER
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KLEINFELDER
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ATTACHMENTS

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KLEINEELDER
Bright People.Right Solutions.
ATTACHMENT 2
Guidelines for Avoiding Impacts to
the West Indian Manatee,
Precautionary Measures for
Construction Activities in North
Carolina Waters

" x United States Department of the Interior
FISH AND WILDLIFE SERVICE
7to]- Raleigh Field Office
Post Office Box 33726
Iro.4 CH : Raleigh,North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is
a Federally-listed endangered aquatic mammal protected under the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.)and the Marine Mammal Protection Act
of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered
under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of
the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal
agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some
individuals have been recorded at lengths greater than 13 feet and weighing as much as
3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats,
including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity
extremes. Manatees spend much of their time underwater or partly submerged, making
them difficult to detect even in shallow water. While the manatee's principal stronghold in
the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared
precautionary measures for general construction activities in waters used by the species.
Implementation of these measure will allow in-water projects which do not require blasting
to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines
as conservation measures in a Biological Assessment or Biological Evaluation, or as part
of the determination of impacts on the manatee in an environmental document prepared
pursuant to the National Environmental Policy Act,will expedite the Service's review of the
document for the fulfillment of requirements under Section 7 of the Endangered Species
Act. These measures include:
1. The project manager and/or contractor will inform all personnel associated with the
project that manatees may be present in the project area, and the need to avoid any harm
to these endangered mammals. The project manager will ensure that all construction
personnel know the general appearance of the species and their habit of moving about
completely or partially submerged in shallow water. All construction personnel will be
informed that they are responsible for observing water-related activities for the presence
of manatees.
2. The project manager and/or the contractor will advise all construction personnel that

there are civil and criminal penalties for harming, harassing, or killing manatees which are
protected under the Marine Mammal Protection Act and the Endangered Species Act.
3. If a manatee is seen within 100 yards of the active construction and/or dredging
operation or vessel movement, all appropriate precautions will be implemented to ensure
protection of the manatee. These precautions will include the immediate shutdown of
moving equipment if a manatee comes within 50 feet of the operational area of the
equipment. Activities will not resume until the manatee has departed the project area on
its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report
must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the
National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife
Resources Commission (ph. 252.448.1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible
to the vessel operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer
months, primarily from June through October. Idle speed is required if operating
this vessel in shallow water during these months. All equipment must be shut down
if a manatee comes within 50 feet of the vessel or operating equipment. A collision
with and/or injury to the manatee must be reported immediately to the U.S. Fish and
Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service
(252.728.8762), and the North Carolina Wildlife Resources Commission
(252.448.1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to
manatees during project activities. Upon completion of the action,the project manager will
prepare a report which summarizes all information on manatees encountered and submit
the report to the Service's Raleigh Field Office.
7. All vessels associated with the construction project will operate at"no wake/idle"speeds
at all times while in water where the draft of the vessel provides less than a four foot
clearance from the bottom. All vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of
material in which manatees cannot become entangled; (b) secured in a manner that they
cannot break free and entangle manatees; and, (c) regularly monitored to ensure that
manatees have not become entangled. Barriers will be placed in a manner to allow
manatees entry to or exit from essential habitat.
Prepared by (rev. 06/2003):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520

Figure 1. The whole body of the West Indian manatee may be visible in clear water; but
in the dark and muddy waters of coastal North Carolina, one normally sees only a small
part of the head when the manatee raises its nose to breathe.
) - -
Illustration \'7‘'\\\. . .,.
used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I.
A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-
3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.

KLEINEELDER
Bright People.Right Solutions.
ATTACHMENT 3
Sea Turtle and Smalltooth Sawfish Construction Conditions

T 0 F
`4§``��;.,. c❑+t, UNITED STATES DEPARTMENT OF COMMERCE
4
National Oceanic and Atmospheric Administration
* ' NATIONAL MARINE FISHERIES SERVICE
cr
'e. Southeast Regional Office
TEsco 263 13th Avenue South
St. Petersburg,FL 33701
SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS
The permittee shall comply with the following protected species construction conditions:
a. The permittee shall instruct all personnel associated with the project of the potential presence of
these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All
construction personnel are responsible for observing water-related activities for the presence of
these species.
b. The permittee shall advise all construction personnel that there are civil and criminal penalties for
harming,harassing,or killing sea turtles or smalltooth sawfish,which are protected under the
Endangered Species Act of 1973.
c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot
become entangled,be properly secured,and be regularly monitored to avoid protected species
entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from
designated critical habitat without prior agreement from the National Marine Fisheries Service's
Protected Resources Division, St. Petersburg,Florida.
d. All vessels associated with the construction project shall operate at"no wake/idle"speeds at all
times while in the construction area and while in water depths where the draft of the vessel
provides less than a four-foot clearance from the bottom. All vessels will preferentially follow
deep-water routes(e.g.,marked channels)whenever possible.
e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily
construction/dredging operation or vessel movement,all appropriate precautions shall be
implemented to ensure its protection. These precautions shall include cessation of operation of
any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any
mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is
seen within a 50-ft radius of the equipment. Activities may not resume until the protected species
has departed the project area of its own volition.
f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported
immediately to the National Marine Fisheries Service's Protected Resources Division(727-824-
5312)and the local authorized sea turtle stranding/rescue organization.
g. Any special construction conditions,required of your specific project,outside these general
conditions,if applicable,will be addressed in the primary consultation.
Revised: March 23,2006
O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc
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KL EINFEL DER
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Attachment - 5
North 6th Street Maintenance Dredge
New Hanover COUNTY, NORTH CAROLINA
SECTION 10 & 404 INDIVIDUAL PERMIT APPLICATION:
ABBREVIATED ESSENTIAL FISH HABITAT ASSESSMENT DOCUMENT
20173302.001A I JAX17054978 March 28, 2017
©2017 Kleinfelder

North 6th Street Maintenance Dredge
NEW HANOVER COUNTY, NORTH CAROLINA
SECTION 10 & 404 INDIVIDUAL PERMIT APPLICATION:
ABBREVIATED ESSENTIAL FISH HABITAT ASSESSMENT DOCUMENT
1.0 INTRODUCTION 1
2.0 PROJECT DESCRIPTION 2
3.0 ENVIRONMENTAL ASSESSMENT 3
4.0 POTENTIAL ADVERSE EFFECTS 5
5.0 EFFECTS ANALYSIS AND DETERMINATION OF EFFECTS 7
6.0 SUMMARY 9
7.0 REFERENCES 10
FIGURES
Figure 1 Project Location
Figure 2 Agitation Dredging Boundary
Figure 3 Water Quality and Sediment Samples
Figure 4 Land Cover
TABLES
Table 1 EFH Species Life Stage Presence (Northeast Cape Fear River)
ATTACHMENTS
Attachment 1 Hydrographic Surveys
Attachment 2 EFH Mapper
Attachment 3 Snapper Grouper Management Complex
20173302.001A I JAX17054978 March 28, 2017
©2017 Kleinfelder

1.0 INTRODUCTION
Kinder Morgan (applicant) has operated a Liquid Terminal facility and associated
commercial berthing operation at the North 6th Street Facility since 2013. The facility is
located on the Northeast Cape Fear River just north of the Hilton Bascule Bridge (Figure
1). Prior to 2013, the facility was operated by Chemserve, with initial permits issued for
maintenance dredging in 1988 (State) and 1989 (Federal).
The applicant maintains an approved US Army Corps of Engineers (ACOE) General
Permit (No. 198000291) (Action ID SAW-1988-00516) and State of North Carolina
Department of Environment and Natural Resources and Coastal Resources
Commission (CAMA) Permit (No. 255-88) which allowed for the maintenance of a
berthing depth of 32 feet. These permits approved mechanical excavation or hydraulic
pipeline dredge excavation of material not to exceed 1 ,000 cubic yards, and required
material to be redeposited at a suitable high-ground (upland) disposal site.
Overtime sediment deposition has reduced berthing depths such that normal safe
vessel operations are precluded. Based on the available hydrographic surveys
(Attachment 1) of the berthing basin, depths currently vary between 16ft and 40ft, and
shallow depths less than 32 ft. present a hazard to vessels within the facility. The
applicant maintains no suitable high-ground disposal areas within the adjacent parcel,
and the proposed dredging operation will require 5,500 cubic yards of material to be
removed from the existing berthing basin to restore safe operational depths.
An Individual Permit (IP) application is being submitted to the ACOE requesting
authorization to complete agitation dredging to restore and maintain the required 32 feet
berthing depth. In support of the IP; an abbreviated Essential Fish Habitat (EFH)
Assessment is provided herein. Based on the proposed action, the applicant is seeking
concurrence from the National Marine Fisheries Service (NMFS) on the "minimal"
conclusion determination identified in this EFH Assessment.
20173302.001A I JAX17054978 Page 1 March 28, 2017
©2017 Kleinfelder

2.0 PROJECT DESCRIPTION
The applicant proposes the use of agitation dredging to restore and maintain depths of
32 ft. within the project area.
The project is located below the Normal High Waterline (NHW) of state parcel
B2000901052 located at 2005 North 6th Street, Wilmington, NC (Figure 1). The project
area includes a 900-foot by 150-foot section (Figure 2) of benthic sediments located 30
river miles upstream of the Cape Fear River mouth. This area is currently used for the
periodic berthing of large chemical container ships and varies in depth from 16 ft. to 40
ft. (See Attachment 1 for hydrographic survey data). The shoaling rate within this
segment of the river is accelerated and maintenance dredging is necessary to maintain
depths greater than 32 ft. to avoid potential safety hazards associated with berthing and
unloading vessels. Depths shallower than 32 ft. pose a grounding and potential hull
breach concern for the vessels utilizing the berth.
Mechanical agitation dredging will be completed via a sled or I-beam pulled along the
bottom sediments by a tug boat or similar vessel. The sled or beam shall be pulled
along the length of the basin at the substrate line during ebb tides to facilitate
resuspension of accumulated sediments and restoration of required depths.
The project will be completed during the primary dredging period of November 1 to
January 31 . Any dredging activities outside of this window will be completed only with
prior approval from regulatory agencies.
20173302.001A I JAX17054978 Page 2 March 28, 2017
©2017 Kleinfelder

3.0 ENVIRIONMENTAL ASSESSMENT
Kleinfelder completed an Environmental Assessment of the proposed dredge basin and
surrounding habitat on February 7 and 8, 2017. The assessment involved the collection
of sediment samples, depth observations, salinity values, and reconnaissance for
benthic resources. The results of the assessment are discussed below
Sediment Samples
During the Environmental Assessment, a total of 10 sediment samples were taken
utilizing a ponar grab sampler (6" width x 6" length). Four sediment samples were taken
within the proposed dredge basin (Basin 1-4). Three sediment samples were taken up
to 2,000 feet upstream (Upstream 1-3) and an additional three sediment samples were
taken up to 2,000 feet downstream (Downstream 1-3) of the dredge basin (Figure 3).
Within the proposed dredge basin, the shallowest depths were recorded in the northern
and central portions of the basin (Basin 1-3). Sediment within these areas consisted
exclusively of accumulated silts. The sediment sample collected in the southern portion
(Basin 4) of the proposed dredge basin consisted of an 80:20 mixture of sand and silt.
River sediments sampled within 2,000 feet upstream (Upstream 1-3) and downstream
(Downstream 1-3) of the proposed dredge basin consisted mainly of sand with
concentrations of silt 20 percent or less.
Salinity Values
Salinity measurements were collected utilizing a YSI 556 multiparameter meter from all
(10) of the sample stations (Basin 1-4, Upstream 1-3, and Downstream 1-3) during an
ebb tide on February 8, 2017 and during a flood tide on February 9, 2017.
Salinity values ranged from 0.6 ppt to 4.64 ppt during the ebb tide and 5.08 ppt to 6.39
ppt during the flood tide.
Sample Station Salinity (ppt) Tide Cycle
B-1 2.87 Ebb
B-2 (Surface) 4.00 Ebb
B-2 (Bottom) 4.64 Ebb
B-3 (Surface) 4.26 Ebb
B-3 (Bottom) 4.40 Ebb
B-4 (Surface) 3.82 Ebb
20173302.001A I JAX17054978 Page 3 March 28, 2017
©2017 Kleinfelder

B-4 (Bottom) 4.14 Ebb
U-1 0.60 Ebb
U-2 2.45 Ebb
U-3 0.87 Ebb
D-1 2.31 Ebb
D-2 2.09 Ebb
D-3 2.02 Ebb
D-4 2.68 Ebb
B-1 5.98 Flood
B-2 (Surface) 5.25 Flood
B-3 (Surface) 5.79 Flood
U-1 5.08 Flood
U-2 n/a Flood
U-3 5.98 Flood
D-1 6.34 Flood
D-2 6.39 Flood
D-3 6.20 Flood
ppt = parts per thousand
B = Basin
U = Upstream
D = Downstream
Benthic Resources
Unconsolidated bottom was the only benthic habitat encountered within the proposed
dredge basin and was the dominant benthic habitat located within 2,000 feet up or
downstream of the proposed project area. Unconsolidated bottom is defined as
deepwater habitat consisting of at least 25% cover of particles smaller than stones, and
a vegetative cover of less than 30%. The unconsolidated bottom sampled within the
assessment area did not consist of any vegetative cover, but did meet particle
description for this benthic habitat type.
Located just upstream from the proposed dredge basin is an area of subtidal and
intertidal non-vegetated flats. These sub and intertidal mudflats are important dwelling
habitat and feeding areas for benthic macroinvertebrates, juvenile fish species,
arthropods, mollusks, and predatory organisms. Figure 4 provides the boundaries of the
project area and the locations of benthic resources identified during the environmental
assessment.
20173302.001A I JAX17054978 Page 4 March 28, 2017
©2017 Kleinfelder

4.0 POTENTIAL ADVERSE EFFECTS
The project is located within EFH for the Snapper Grouper Management Complex
(Attachment 2). EFH within the Northeast Cape Fear River includes; estuarine emergent
wetlands, estuarine water column, unconsolidated bottom, and intertidal flats.
Fish species identified in the Snapper Grouper Complex include 20 species of sea
basses and grouper (Serranidae),14 snapper species (Lutjanidae), 1 wreckfish
(Polyprionidae), 7 porgies species (Sparidae), 5 species of grunt (Haemulidae), 5
species of jack (Carangidae), 3 tilefish species (Malacanthidae), 2 species of triggerfish
(Balistidae), 1 wrase (Labrudae) and a spadefish (Eppiphidae). A full list of species
identified in the Snapper Grouper Complex can be found in Attachment 3.
Based on a review of the available literature, gag grouper (Mycteroperca microlepis),
black grouper (Mycteroperca bonaci), black sea bass (Centropristis striata), and gray
snapper (Lutjanus griseus) may utilize the proposed project area during a portion of
their life stages. The proposed project occurs outside of the geographic range or
ecology/habitat descriptions for the other species identified within the Snapper Grouper
Complex (Table 1).
The proposed project will disturb an area of approximately 44,567 square feet of
accumulated sediments, and result in the removal of 5,500 cubic yards of material
within EFH for the Snapper Grouper Management Complex (Figure 2).
Potential adverse effects to EFH include direct and indirect impacts to unconsolidated
bottom, and estuarine water column. No adverse impact is anticipated to estuarine
emergent wetlands or intertidal flats, as these environments lie upstream of the
proposed action.
Direct Impacts to Unconsolidated Bottom
In the areas requiring agitation dredging the surface sediments will be removed through
re-suspension into the river during ebb tide. The removal of the surface sediments will
have a direct impact to the benthic macroinvertebrate communities established within
these sediments.
Indirect Impacts to Unconsolidated Bottom
In addition to the direct impacts to unconsolidated bottom (soft sediments) associated
with the re-suspension of benthic sediments minor secondary impacts may include
downstream sediment plumes and the deposition of sediments onto unconsolidated
bottom. The sediment plume and deposition of sediments downstream may impact
benthic macroinvertebrate communities established within those sediments.
20173302.001A I JAX17054978 Page 5 March 28, 2017
©2017 Kleinfelder

Direct Impacts to Estuarine Water Column
Short-term impacts to water quality are expected due to the re-suspension of benthic
sediment materials during the process of agitation dredging. The suspended sediment
plume will result in increased turbidity in the immediate area of the dredging activities.
20173302.001A I JAX17O54978 Page 6 March 28, 2017
©2017 Kleinfelder

5.0 EFFECTS ANALYSIS AND DETERMINATION OF EFFECTS
The potential effects to EFH as result of the proposed action include removal of
unconsolidated bottom surface sediments, the accumulation of new sediments on top of
existing unconsolidated bottom and a temporary increase in turbidity.
Direct Impacts to Unconsolidated Bottom
Direct impacts to unconsolidated bottom due to agitation dredging will displace or kill the
benthic macroinvertebrates located in these areas. This will lead to a temporary loss of
food supply for juvenile finfish (gag grouper, black grouper, black sea bass and grey
snapper) of the snapper grouper complex. Impacts to unconsolidated bottom will
disturbed less than 1 percent of the available habitat within the study area. Due to the
large amount of adjacent suitable foraging habitat the effects on the feeding habits of
these species is expected to be "minimal."
It is also expected that the benthic environment will quickly re-colonize with benthic
macroinvertebrate species. Studies of benthic recovery in dredged channels show
rapid re-colonization from infauna from adjacent areas of undisturbed sediment (Wilber
2007). The sediments exposed by agitation dredging have similar characteristics to the
present unconsolidated bottom, and it is expected that infauna will readily migrate and
colonize into the newly exposed sediments. The recovery of these early successional
species has been documented within a few weeks to six months (Vittor 2001 , Clarke et.
al 1992, Van Dolah et. al. 1984).
Indirect Impacts to Unconsolidated Bottom and Estuarine Water Column
A study conducted by Applied Technology & Management (ATM) Inc. that monitored
suspended sediment plumes associated with agitation dredging in Savannah Harbor
concluded that suspended material created by I-Beam drag events generally entrained
no greater than three meters above the bottom for a maximum distance of 2000 feet
These effects are short-lived (a few minutes to hours) and the sediment plume is limited
to the region near the river bottom).
Resident benthic species within the Cape Fear and Northeast Cape Fear River systems
are accustomed to periods of sediment plumes associated with increased turbidity from
natural high-velocity semi-diurnal tidal currents, passing ship wakes, propeller sediment
disturbance, and storm events (runoff). Studies of benthic recovery in dredged
channels show rapid re-colonization from infauna from adjacent areas of undisturbed
sediment (Wilber 2007). Marine organisms within this stratum of the water column have
adapted to these conditions and are less likely to be adversely impacted by sediment
plumes than those organisms which utilize the upper stratum of the water column. The
recovery of these early successional species has been documented within a few weeks
to six months (Vittor 2001 , Clarke et. al 1992, Van Dolah et. al. 1984). Sediment
20173302.001A I JAX17054978 Page 7 March 28, 2017
©2017 Kleinfelder

transport will occur from the unconsolidated bottom type to unconsolidated bottom type,
resulting in deposition of riverine sediments within like habitats. No known areas of
submerged aquatic vegetation, hardbottom, oyster reef, artificial reef, coral reef,
live/hard bottom, or shell banks occur downstream in the zone of potential secondary
disturbance (max. 2000 ft.).
The short-term impacts of the suspended sediment plume and associated increased
turbidity should be "minimal."
Based on the information provided above the proposed project is expected to
individually and cumulatively have a "minimal" impact on the EFH of the identified
species within the Grouper Snapper Complex.
20173302.001A I JAX17054978 Page 8 March 28, 2017
©2017 Kleinfelder

6.0 SUMMARY
The proposed project does not differ in concept from other recently issued permits for
agitation dredging located near the project area.
Kleinfelder has completed a thorough review of the effect of proposed action on the
species identified by the Snapper Grouper EFH Complex. The proposed action is not
anticipated to result in adverse impacts to the Snapper Grouper EFH Complex.
In support of the ACOE IP, we request concurrence with an effect determination of
"minimal" impact.
20173302.001A I JAX17054978 Page 9 March 28, 2017
©2017 Kleinfelder

7.0 REFERECNCES
Agitation Sled Dredging Water Quality Assessment Berth 1 and 2, Port of Wilmington,
NCSPA Project No. 10070, Wilmington, North Carolina prepared for North Carolina
Ports Authority, Law Engineering and Environmental Services, Inc. (Law Project No.
31000-8-1039 dated 8/18/1998).
Applied Technology Management. 2003, July. Monitoring Suspended Sediment Plumes
to Evaluate the Effects of Agitation Dredging in Savannah Harbor. Paper presented at
the Proceedings of the 13th Biennial Coastal Zone Conference, Baltimore, MD.
(NOAA website accessed January 2017)
US Army Corps of Engineers, Wilmington District. June 2014. Feasibility Report and
Environmental Assessment Wilmington Harbor Navigation Improvements, Appendix H
Sand Management Plan.
USACE. 2011 b. Monitoring Effects of a Potential Increased Tidal Range in the Cape
Fear River Ecosystem Due to Deepening Wilmington Harbor, North Carolina Final
Report: October 1 , 2000 — May 31 , 2010, Prepared for the U.S. Army Corps of
Engineers, Wilmington District by Dial Cordy and Associates.
Mallin, M.A., M. McIver, J. Merrit. 2014. Environmental Assessment of the Lower Cape
Fear River System, 2013. CMS Report No. 14-02. University of North Carolina,
Wilmington.
Wilber, D. H., C. Douglas. 2007. Defining and Assessing Benthic Recovery Following
Dredging and Dredged Material Disposal. Proceedings XXVII World Dredging
Congress, Pages 603-618.
Vittor Associates (2001) Savannah Harbor Agitation Dreding: Benthic Biological Impact
Assessment In Support of Savannah Harbor Ecosystem Restoration: Agitation Dredge
Evaluation Study. Mobile, Alabama
20173302.001A I JAX17054978 Page 10 March 28, 2017
©2017 Kleinfelder

KLEINFELDER
Bright People.Right Solutions.
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PROJECT NO.20173302.001A Figure
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KL EINFEL DER DRAWN BY: MNA
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representation
docuntatio is thuseerikof of thepa yfusingo contained on this graphic 1 O Water Quality and Sediment Samples
representation is at the sole risk of the party using or misusing the information.
JI♦
PROJECT NO.20173302.001A Figure
DRAWN: FEB 2017 Water Quality and
Sediment Samples
KL EINFEL DER DRAWN BY: MNA 3
CHECKED BY: JO
' Bright People.Right Solutions. Kinder Morgan Terminal
\ i FILE NAME: 2005 North 6th Street
`� www.kleinfelder.com Wilmington, North Carolina
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Document Path:G:\Kinder-Morgan\20173302.001A-6th St\MXD\Env Support Document\Figure 4 Land Use Map.mxd
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timeliness,or rights to the use of such information.This document is not intended , .N.
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representation is at the sole risk of the
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PROJECT N0.20173302.001A Figure
DRAWN: FEB 2017 Land Cover
KL EINFEL DER DRAWN BY: MNA 4
CHECKED BY: JO
' Bright People.Right Solutions. Kinder Morgan Terminal
\ i FILE NAME: 2005 North 6th Street
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TABLES

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TABLE 1
EFH Species Life Stage Presence
Northeast Cape Fear River

Essential Fish Habitat(EFH)Species Life Stage Presence in the Northeast Cape Fear River
Fish Species Life Stage
Gag grouper(Mycteroperca microlepis) 1'
Red grouper(Epinephelus morio) N/A'
Scamp(Mycteroperca phenax) N/A'
Black grouper(Mycteroperca bonaci) 13
Rock hind(Epinephelus adcensionis) N/A'
Red hind(Epinephelus guttatus) N/A'
Graysby(Cephalopholis cruentata) N/A'
Yellowfin grouper(Mycteroperca venenosa) N/A2
Coney(Cephalopholis fulva) N/A'
Yellowmouth grouper(Mycteroperca interstitialis) N/A'
Goliath grouper(Epinephelus itatjara) N/A'
Nassau grouper(Epinephelus striatus) N/A2
Snowy grouper(Epinephelus niveatus) N/A'
Yellowedge grouper(Epinephelus flavolimbatus) N/A'
Warsaw grouper(Epinephelus nigritus) N/A'
Speckled hind(Epinephelus drummondhayi) N/A'
Misty grouper(Epinephelus mystacinus) N/A'
Black sea bass(Centropristis striata) L,1,A'
Bank sea bass(Centropristis ocyurus) N/A'
Rock sea bass(Centropristis philadelphica) N/A'
Wreckfish(Polyprion americanus) N/A3
Queen snapper(Etelis oculatus) N/A2
Yellowtail snapper(Ocyurus chrysurus) N/A3
Gray snapper(Lutjanus griseus) 1'
Mutton snapper(Lutjanus analis) N/A3
Lane snapper(Lutjanus synagris) N/A2
Cubera snapper(Lutjanus cyanopterus) N/A'
Dog snapper(Lutjanusjocu) N/A2
Schoolmaster(Lutjanus apodus) N/A2
Mahogany snapper(Lutjanus mahogoni) N/A2
Vermilion snapper(Rhomboplites aurorubens) N/A'
Red snapper(Lutjanus campechanus) N/A'
Silk snapper(Lutjanus vivanus) N/A'
Blackfin snapper(Lutjanus buccanella) N/A'
Black snapper(Apsilus dentatus) N/A2
Red porgy(Pagrus pagrus) N/A'
Knobbed porgy(Calamus nodosus) N/A3
Jolthead porgy(Calmus bajonado) N/A2
Scup(Stenotomus chrysops) N/A2
Whitbone porgy(Calamus leucosteus) N/A2
Saucereye porgy(Calamus calamus) N/A3
Longspine porgy(Stenotomus caprinus) N/A'
White grunt(Heamulon plumieri) N/A'
Margate(Haemulon album) N/A2
Tomtate(Hemulon aurolineatum) N/A3
Sailor's choice(Haemulon parra) N/A2
Cottonwick(Haemulon melanurum) N/A2
Greater amberjack(Seriola dumerili) N/A'
Almaco jack(Seriola rivoliana) N/A'
Banded rudderfish(Seriola zonanta) N/A'
Bar jack(Caranx ruber) N/A'
Lesser amberjack(Seriola fasciata) N/A3
Golden tilefish(Lopholatilus chamaeleonticeps) N/A3
Blueline tilefish(Caulolatilus microps) N/A'
Sand tilefish(Malacanthus plumier) N/A'
Gray triggerfish(Batistes capriscus) N/A'
Ocean triggerfish(Canthidermis sufflamen) N/A3
Hogfish(Lachnolaimus maximus) N/A'
Atlantic spadefish(Chaetodipterus faber) N/A'
LIFE STAGES PRESENT:L=Larvae;J=Juvenile;A=Adult;N/A=Not Found
-USACOE EIS Study,2014
2-Out of geographic range;International Union for Conservation of Nature and Natural Resources(IUCN)
3-Based on International Union for Conservation of Nature and Natural Resources(IUCN) habitat and ecology description

KLEINFELDER
Bright People.Right Solutions.
ATTACHMENTS

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Bright People.Right Solutions.
ATTACHMENT 1
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KLEINFELDER
Bright People.Right Solutions.
ATTACHMENT 2
EFH Mapper

EFH Mapper Page 1 of 1
EFH Data Notice: Essential Fish Habitat (EFH) is defined by textual descriptions contained in the
fishery management plans developed by the regional Fishery Management Councils. In most cases
mapping data can not fully represent the complexity of the habitats that make up EFH. This report
should be used for general interest queries only and should not be interpreted as a definitive
evaluation of EFH at this location. A location-specific evaluation of EFH for any official purposes
must be performed by a regional expert. Please refer to the following links for the appropriate
regional resources.
Query Results
Map Scale = 1:72,224
Degrees, Minutes, Seconds: Latitude = 34015'42" N, Longitude = 78°3'7" W
Decimal Degrees: Latitude = 34.26, Longitude = -77.95
The query location intersects with spatial data representing EFH and/or HAPCs for the following
species/management units.
EFH
Life stage
Show Link Data Species/Management (s) Found Management FMP
Caveats Unit at Council
Location
)i-1 Snapper Grouper ALL South Atlantic Snapper
Grouper
HAPCs
No Habitat Areas of Particular Concern (HAPC) were identified at the report
location.
EFH Areas Protected from Fishing
No EFH Areas Protected from Fishing (EFHA) were identified at the report location.
http://www.habitat.noaa.gov/protection/efh/efhmapper/ 1/26/2017

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ATTACHMENT 3
Snapper Grouper Management
Complex

{A, al Snapper Grouper Management Complex:
7L-
kir
Species Managed by the South Atlantic Fishery Management Council
SNAPPER GROUPER COMPLEX
(*indicates Ecosystem Component Species and do not have specific ACLs,AMs or management measures in place.)
Sea basses and Groupers (Serranidae) -20 species
Gag Mycteroperca microlepis,
Red grouper Epinephelus morio
Scamp Mycteroperca phenax
Black grouper Mycteroperca bonaci
Rock hind Epinephelus adcensionis
Red hind Epinephelus guttatus
Graysby Cephalopholis cruentata
Yellowfin grouper Mycteroperca venenosa
Coney Cephalopholis fulva
Yellowmouth grouper Mycteroperca interstitialis
Goliath grouper Epinephelus itajara
Nassau grouper Epinephelus striatus
Snowy grouper Epinephelus niveatus
Yellowedge grouper Epinephelus flavolimbatus
Warsaw grouper Epinephelus nigritus
Speckled hind Epinephelus drummondhayi
Misty grouper Epinephelus mystacinus
Black sea bass Centropristis striata
*Bank sea bass Centropristis ocyurus
*Rock sea bass Centropristis philadelphica

SAFMC Managed Species
Wreckfish (Polyprionidae)- 1 species
Wreckfish Polyprion americanus
Snappers(Lutjanidae) - 14 species
Queen snapper Etelis oculatus
Yellowtail snapper Ocyurus chrysurus
Gray snapper Lutjanus griseus
Mutton snapper Lutjanus analis
Lane snapper Lutjanus synagris
Cubera snapper Lutjanus cyanopterus
Dog snapper Lutjanus jocu
*Schoolmaster Lutjanus apodus
Mahogany snapper Lutjanus mahogoni
Vermilion snapper Rhomboplites aurorubens
Red snapper Lutjanus campechanus
Silk snapper Lutjanus vivanus
Blackfin snapper Lutjanus buccanella
Black snapper Apsilus dentatus
Porgies(Sparidae)-7 species
Red porgy Pagrus pagrus
Knobbed porgy Calamus nodosus
Jolthead porgy Calamus bajonado
Scup Stenotomus chrysops
Whitebone porgy Calamus leucosteus
Saucereye porgy Calamus calamus
*Longspine porgy Stenotomus caprinus
2

SAFMC Managed Species
Grunts(Haemulidae)-5 species
White grunt Haemulon plumieri
Margate Haemulon album
Tomtate Haemulon aurolineatum
Sailor's choice Haemulon parra
*Cottonwick Haemulon melanurum
Jacks(Carangidae)-5 species
Greater amberjack Seriola dumerili
Almaco jack Seriola rivoliana
Banded rudderfish Seriola zonanta
Bar jack Caranx ruber
Lesser amberjack Seriola fasciata
Tilefishes(Malacanthidae)-3 species
Golden Tilefish Lopholatilus chamaeleonticeps
Blueline tilefish Caulolatilus microps
Sand tilefish Malacanthus plumier
Triggerfishes(Balistidae) -2 species
Gray triggerfish Balistes capriscus
*Ocean triggerfish Canthidermis sufflamen
Wrasses(Labridae) - 1 species
Hogfish Lachnolaimus maxim us
Spadefishes (Eppiphidae)- 1 species
Atlantic spadefish Chaetodipterus faber
3