20170867 Ver 2_Combined 1988-00516 CL32 Letter Kinder Morgan Dock Berth Dredging.docx_20221219

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
December 19, 2022
Regulatory Division
Action ID No. SAW 1998-00516
Kinder Morgan
Attn: Darren Goodman
2005 North 6th Street
Wilmington, NC 28401
Dear Mr. Goodman:
Reference your application for a Department of the Army permit to re -issue a permit to
conduct maintenance dredging within an existing dock berth within the North Cape Fear
River, Wilmington, New Hanover County, North Carolina.
The proposal is to dredge the dock berth to a depth of -32 feet Mean Low Water Level
(MLW) to maintain safe operation for vessels. The method of dredging will be either by the
method of jetting and/or agitation dredging. Mechanical jetting and/or agitation dredging will be
completed via a sled or I-beam towed by a tugboat or similar vessel or jetting equipment along
the bottom sediments. The sled or beam or jet 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.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process, via Regional General Permit 291
(copy attached), for construction activities that receive authorization from the State of North
Carolina. Therefore, you may commence construction activity in strict accordance with the
applicable State authorization, attached Federal special conditions, RGP-291 conditions and the
approved plan. Failure to comply with the State authorization or conditions of the Federal permit
could result in civil and/or administrative penalties.
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.

-2-
Questions or comments may be addressed to Greg Currey, Wilmington Field Office,
Regulatory Branch, telephone [phone] or email [e-mail].
Sincerely,
Gregory Digitally signed by
Gregory Currey
Date: 2022.12.19
Currey 14:18:08-05'00'
Greg Currey, Project Manager
Wilmington Regulatory Field Office
Enclosures:
Plans
Manatee Guidelines
GP 291 conditions
Copies Furnished by Email (with enclosures):
NOAA/NMFS; Mr. Fritz Rhode/Ms. Twyla Cheatwood
NOAA/NMFS; Dr. Pace Wilber
NCDEQ/DCM; Mr. Jonathan Howell
NCDEQ/DCM; Ms. Tara McPherson
NCDEQ/DWR; Ms. Holley Snider
NCDEQ/DCM; Mr. Cameron Luck
NCDEQ/DCM; Ms. Amanda Cannon
USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews
USEPA; Mr. Todd Allen Bowers
USCG; BOSN3 Mr. Ryan Doody
Tetra Tech; Chris Kul

-2-
Special Conditions
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, dated February 22 & 24, July 26 & October 12, 2021, which are a part of
this permit. Any modification to these plans must be approved by the U.S. Army Corps of
Engineers, Wilmington District (USACE) prior to implementation.
2. Except as authorized by this permit or any USACE approved modification to this permit,
no excavation, fill or mechanized land -clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit
does not authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area. This prohibition applies to all
borrow and fill activities connected with this project.
3. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other
toxic materials. In the event of a spill of petroleum products or any other hazardous
waste, the permittee shall immediately report it to the N.C. Division of Water Quality at
[phone], Ext. 526 or [phone] and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act will be followed.
4. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify USACE who will
initiate the required coordination procedures.
5. The permittee shall require its contractors and/or agents to comply with the terms
and conditions of this permit in the construction and maintenance of this project, and
shall provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this permit. A copy of this permit, including
all conditions, shall be available at the project site during construction and maintenance
of this project.
6. The permittee, upon receipt of a notice of revocation of this permit or upon 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.

-3-
Navi2ation Conditions
8. The authorized activity must not interfere with the public's right to free navigation on
all navigable waters of the United States. No attempt will be made by the permittee to
prevent the full and free use by the public of all navigable waters at or adjacent to the
authorized work for reason other than safety.
9. The permittee shall assign a permanent maintenance dredging point of contact (POC)
for the authorized berth facility (i.e., Berth POC) and shall submit the name, phone
number, mailing address, and email address of the Berth POC to USACE within 30 days
of the date of permit issuance. The permittee shall notify USACE of any change in the
Berth POC. USACE Navigation and Regulatory POCs are listed below. The preferred
method of information exchange, dredging request, report submissions, etc., is electronic.
U.S. Army Corps of Engineers
Operations Division, Navigation Branch Attention: Team Lead Cartographer
69 Darlington Avenue
Wilmington, North Carolina 28403 [phone]
[e-mail]
U.S. Army Corps, of Engineers
Regulatory Division,
Attention: Greg Currey
69 Darlington Avenue
Wilmington, North Carolina 28403 [phone]
[e-mail]
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 or jetting 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.

-4-
13. The following harbor conditions will be considered by the Navigation POC when
scheduling a dredging event, and may result in event postponement and/or modification:
a. An approved or ongoing dredging event is within 3000' upstream or
downstream of a berth where an agitation dredging event is proposed.
b. Agitation dredging in any berth that is located within 2000' upstream or
downstream of a shoal in the Federal channel.
c. Ongoing or scheduled dredging in the Federal channel within 5000' upstream
or downstream of a berth where an agitation dredging event is proposed.
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)

-5-
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.
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,

-6-
and strictly adhere to all requirements therein. The guidelines can be found at
https://www.fws.gov/nc-es/mammal/manatee.html.
End Special Conditions

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WILMINGTON, NORTH CAROLINA
TETRA TECH INC.
759 SOUTH FEDERAL HWY
SUITE 314
STUART, FL 34994-2936
TEL• [phone]
FAX: [phone]
CERTIFICATE OF AUTHORIZATION
NO. 2429
Designed by:
Drawn By:
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Checked By:
Date:
2/22/2021
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WILMINGTON TERMINAL DREDGE
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OCTOBER 2020 vs JANUARY 2021
WILMINGTON, NORTH CAROLINA
TETRA TECH INC.
759 SOUTH FEDERAL HWY
SUITE 314
STUART, FL 34994-2936
TEL• [phone]
FAX: [phone]
CERTIFICATE OF AUTHORIZATION
NO. 2429
Designed by:
Drawn By:
FM
Checked By:
Date:
2/24/2021
Design file no:
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WILMINGTON TERMINAL DREDGE
SURVEY ISOPACH - VOLUME COMPARISON
OCTOBER 2020 vs JANUARY 2021
WILMINGTON, NORTH CAROLINA
TETRA TECH INC.
759 SOUTH FEDERAL HWY
SUITE 314
STUART, FL 34994-2936
TEL• [phone]
FAX: [phone]
CERTIFICATE OF AUTHORIZATION
NO. 2429
Designed by:
Drawn By:
FM
Checked By:
Date:
2/24/2021
Design file no:
KLSOUNDING_VOL10-20 TO 01-11.DWG
Scale:
AS SHOWN
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Date
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WILMINGTON TERMINAL DREDGE
SURVEY ISOPACH - VOLUME COMPARISON
OCTOBER 2020 vs JANUARY 2021
WILMINGTON, NORTH CAROLINA
TETRA TECH INC.
759 SOUTH FEDERAL HWY
SUITE 314
STUART, FL 34994-2936
TEL• [phone]
FAX: [phone]
CERTIFICATE OF AUTHORIZATION
NO. 2429
Designed by:
Drawn By:
FM
Checked By:
Date:
2/24/2021
Design file no:
MLSOUNDING_VOL10-20 TO 01-11.DWG
Scale:
AS SHOWN
KINDEROAORGAN
Mork
Description
Date
APO,

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WILMINGTON TERMINAL DREDGE
SURVEY SOUNDING CONTOURS
JULY 2021
WILMINGTON, NORTH CAROLINA
TETRA TECH INC.
759 SOUTH FEDERAL HWY
SUITE 314
STUART. FL 34994-2936
TEL: [phone]
FAX: [phone]
CERTIFICATE OF AUTHORIZATION
NO. 2429
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Drawn By:
FM
Checked By:
Date:
7/26/2021
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WILMINGTON TERMINAL DREDGE
SURVEY SOUNDING CONTOURS
MARCH 2021 vs JULY 2021
WILMINGTON, NORTH CAROLINA
TETRA TECH INC.
759 SOUTH FEDERAL HWY
SUITE 314
STUART. FL 34994-2936
TEL: [phone]
FAX: [phone]
CERTIFICATE OF AUTHORIZATION
NO. 2429
Designed by:
Drawn By:
FM
Checked By:
Date:
7/26/2021
Design file no:
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AS SHOWN
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WILMINGTON TERMINAL DREDGE
SURVEY ISOPACH - VOLUME COMPARISON
MARCH 2021 vs JULY 2021
WILMINGTON, NORTH CAROLINA
TETRA TECH INC.
759 SOUTH FEDERAL HWY
SUITE 314
STUART. FL 34994-2936
TEL: [phone]
FAX: [phone]
CERTIFICATE OF AUTHORIZATION
NO. 2429
Designed by:
Drawn By:
FM
Checked By:
Date:
7/26/2021
Design file no:
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AS SHOWN
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WILMINGTON TERMINAL DREDGE
SURVEY ISOPACH - VOLUME COMPARISON
MARCH 2021 vs JULY 2021
WILMINGTON, NORTH CAROLINA
TETRA TECH INC.
759 SOUTH FEDERAL HWY
SUITE 314
STUART. FL 34994-2936
TEL: [phone]
FAX: [phone]
CERTIFICATE OF AUTHORIZATION
NO. 2429
Designed by:
Drawn By:
FM
Checked By:
Date:
7/26/2021
Design file no:
KALS W NDNG_VOL03-101007-15DWG
Scale:
AS SHOWN
KINDERtMORGAN
Mark
Description
Date
Appr.

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KINDER MORGAN TERMINALS, INC.
WILMINGTON TERMINAL DREDGE
SURVEY SOUNDING CONTOURS
OCTOBER 2021
WILMINGTON, NORTH CAROLINA
TETRA TECH INC.
759 SOUTH FEDERAL HWY
SUITE 314
STUART. FL 34994-2936
TEL: [phone]
FAX: [phone]
CERTIFICATE OF AUTHORIZATION
NO. 2429
Designed by:
Drawn By:
FM
Checked By:
DatIr
10/12/2021
Design file no:
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Scale:
AS SHOWN
KINDEROMORGAN
Mork
Description
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Appr.

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TETRA TECH INC.
759 SOUTH FEDERAL HWY
SUITE 314
STUART. FL 34994-2936
TEL: [phone]
FAX: [phone]
CERTIFICATE OF AUTHORIZATION
NO. 2429
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DatIr
10/12/2021
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Description
Date
Appr.

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JULY 2021 vs OCTOBER 2021
WILMINGTON, NORTH CAROLINA
TETRA TECH INC.
759 SOUTH FEDERAL HWY
SUITE 314
STUART, FL 34994-2936
TEL: [phone]
FAX: [phone]
CERTIFICATE OF AUTHORIZATION
NO. 2429
Designed by:
Drawn By:
FM
Checked By:
DatIr
10/12/2021
Design file no:
eLS JNnic_wL2021-m-i5TDio-OBAMG
Scale:
AS SHOWN
KINDERtMORGAN
Mark
Description
Date
Appr.

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WILMINGTON TERMINAL DREDGE
SURVEY ISOPACH - VOLUME COMPARISON
JULY 2021 vs OCTOBER 2021
WILMINGTON, NORTH CAROLINA
TETRA TECH INC.
759 SOUTH FEDERAL HWY
SUITE 314
STUART. FL 34994-2936
TEL: [phone]
FAX: [phone]
CERTIFICATE OF AUTHORIZATION
NO. 2429
Designed by:
Drawn By:
FM
Checked By:
DatIr
10/12/2021
Design file no:
eLS JNnic_wL2021-m-i5TDio-08.DMG
Scale:
AS SHOWN
KINDERIIMORGAN
Mark
Description
Date
Appr.

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
http://www.saw.usace. army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 198000291
Name of Peiiiiittee: General Public
Effective Date: January 01, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to do work in or affecting navigable waters of the U.S. and waters of the
recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers
of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S
hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
U.S., upon
and Harbors Act
.C. 1344), is
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA
IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR
A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY
CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL
AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER RGP.
Operating Procedures
a. Applications for joint state and federal authorization under this programmatic RGP will
be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of
a complete application by the NCDCM will initiate the State's field review that will include a site
visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will
forward a copy of the complete application, its Field Investigation Report, and its Bio-Report, to
the appropriate Corps of Engineers field office, thereby initiating federal review of the project.
The Corps, upon receipt of an application, will immediately assign an action identification
number, acknowledge receipt thereof, and examine the application to assure that it can be
processed pursuant to this programmatic RGP. The applicant and the NCDCM will be furnished
written notification of the Corps' determination. Notification to the applicant will include a brief
description of the administrative process.

b. For those proposals that may result in a discharge into waters of the U.S., including
wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be
infoiuied regarding the applicant's need to obtain a Water Quality Certification in accordance
with section 401 of the Clean Water Act.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional RGP or a nationwide permit (NWP), this procedure may be
terminated and the activity authorized pursuant to the terms and conditions of the appropriate
RGP or NWP.
d. The permit review process conducted by the NCDCM is a public process involving
publication of public notices in local newspapers, public hearings, and various public appeal
procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed
necessary for compliance with appropriate laws, regulation, and guidance.
e. This RGP does not, in any way, alter established procedures or responsibilities, as
required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with
respect to the Corps' coordination with appropriate review agencies. The applicant will continue
to have the opportunity to rebut any objections to a proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this RGP
process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for denial. The Corps will
typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or recommendations,
the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to
resolve the issue may include initiating the referral procedures outlined by current memoranda of
agreement (MOA's) between the Department of the Army and the agency. No coordinated
federal position will be furnished to the NCDCM until and unless the Corps receives written
agreement from the Federal Agency that all issues have been resolved to the satisfaction of that
agency.

i. If any of the recommendations and/or conditions included in the coordinated federal
position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10)
days of receipt of the coordinated federal position and attempt to resolve the conflict. If
resolution of the conflict involves changes to the conditions or recommendations provided by the
Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this RGP will apply.
j. If a Federal Agency conflict is not resolved within the time necessary for a decision by
the NCDCM, the NCDCM may proceed, independently, to conclude the state action without
inclusion of the federal position. In such case, the applicant and the NCDCM will be notified
immediately, in writing, that the state peiinit does not satisfy the federal permit requirements and
that the proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies' positions, law,
regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the
NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of
the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section
401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not
confirm the authorization of a proposed project under this RGP until the issuance of the NCDCM
permit and, if required, the Section 401 Water Quality Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
m. No work may proceed under this RGP until the Wilmington District Engineer or his
representative provides written verification that the procedures and conditions of the RGP have
been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically inspect
projects for compliance with permit conditions and applicable state and federal regulations. If
any violation of the NCDCM permit is discovered which would also constitute a violation of the
federal position, both the NCDCM and the Corps, in accordance with their respective regulations
and policies, may take enforcement action.
o. This RGP will not be used to authorize an activity when the Wilmington District
Engineer determines that the proposed activity would significantly affect the quality of the
human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
General Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways will be
constructed in accordance with the latest setback criteria established by the Wilmington District
Engineer. You may review the setback policy at

http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This RGP does not
authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must
obtain approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Except as authorized by this RGP or any Corps approved modification to this RGP, 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 peiinit 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.
c. Authorization under this RGP does not obviate the need to obtain other federal, state,
or local authorizations.
d. All work authorized by this RGP must comply with the terms and conditions of the
applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the
North Carolina Division of Water Resources.
e. The Permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
peiuiit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
f. The activities authorized by this RGP must not interfere with the public's right to free
navigation on all navigable waters of the U.S. 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 a reason other than safety.
g. The Permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his/her authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
Permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
h. The Permittee, upon receipt of a notice of revocation of the peewit for the verified
individual activity, may apply for an individual permit, or will, without expense to the United
States and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the US to its former conditions.

i. This RGP does not authorize any activity that would conflict with a federal project's
congressionally authorized purposes, established limitations or restrictions, or limit an agency's
ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers
and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take
possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure,
or obstruct a federally constructed work or project, including, but not limited to, levees, dams,
jetties, navigation channels, borrow areas, dredged material disposal sites, flood control projects,
etc., shall be permitted unless the project has been reviewed and approved by the appropriate
Corps approval authority.
j. The Permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging, or other work within
the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: [e-mail].
k. The Permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
1. This RGP does not grant any property rights or exclusive privileges.
m. This RGP does not authorize any injury to the property or rights of others.
n. This RGP does not authorize the interference with any existing or proposed federal
project.
o. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this RGP.
(4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.

p. Authorization provided by this RGP may be modified, suspended, or revoked in whole
or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines
that such action would be in the best public interest. The term of this RGP shall be five (5) years
unless subject to modification, suspension, or revocation. Any modification, suspension or
revocation of this authorization will not be the basis for any claim for damages against the
United States Government.
q. No activity may occur in a component of the National Wild and Scenic Rivers System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
r. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN.
Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
s. In cases where the Wilmington District Engineer deteiiiiines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and its
codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the
Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation
Act, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
t. If you discover any previously unknown historic, cultural, or archeological remains
and artifacts while accomplishing the activity authorized by this RGP, you must immediately
notify the Wilmington District Engineer of what you have found, and to the maximum extent
practicable, avoid construction activities that may affect the remains and artifacts until the
required coordination has been completed. The Wilmington District Engineer will initiate the
Federal, tribal, and state coordination required to determine if the items or remains warrant a
recovery effort or if the site is eligible for listing in the National Register of Historic Places.
u. Endangered Species.
(1) No activity is authorized under this RGP which is likely to jeopardize the continued existence
of a threatened or endangered species directly or indirectly or a species proposed for such

designation, as identified under the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify the critical habitat of such species. No activity
is authorized under this RGP which "may affect" a listed species or critical habitat, unless
Section 7 consultation addressing the effects of the proposed activity has been completed.
(2) Federal agencies should follow their own procedures for complying with the requirements of
the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency) must
provide the District Engineer with the appropriate documentation to demonstrate compliance
with those requirements. The District Engineer will review the documentation and deteiniine
whether it is sufficient to address ESA compliance for the RGP activity, or whether additional
ESA consultation is necessary.
(3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service
(USFWS) or NMFS, the District Engineer may add species -specific endangered species
conditions to the RGP verification letter for a project.
(4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the U.S. to
take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the
definition of "take" means an act which actually kills or injures wildlife. Such an act may include
significant habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.
(5) Information on the location of threatened and endangered species and their critical habitat can
be obtained directly from the USFWS in Raleigh, North Carolina at the address provided below,
or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/
or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively.
The Raleigh USFWS Office covers all NC counties east of, and including, Richmond,
Montgomery, Randolph, Guilford, and Rockingham Counties.
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
(6) The Wilmington District, USFWS, NCDOT, and the FHWA have conducted programmatic
Section 7(a)(2) consultation for a number of federally listed species and habitat, and
programmatic consultation concerning other federally listed species and/or habitat may occur in
the future. The result of completed programmatic consultation is a Programmatic Biological
Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to
implement the reasonable and prudent measures that are associated with "incidental take" of

whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP
is conditional upon the Permittee's compliance with all the mandatory terms and conditions
associated with incidental take of the applicable PBO (or PBOs), which are incorporated by
reference in this RGP. Failure to comply with the terms and conditions associated with incidental
take of an applicable PBO, where a take of the federally listed species occurs, would constitute
an unauthorized take by the Permittee, and would also constitute Permittee non-compliance with
the authorization under this RGP. If the terms and conditions of a specific PBO (or PBOs) apply
to a project, the Corps will include this/these requirements in any RGP verification that may be
issued for a project. The USFWS is the appropriate authority to determine compliance with the
terms and conditions of its PBO, and with the ESA.
(7) Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating
Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps
and the U.S. Fish and Wildlife Service. See
http://www. saw.usace. army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to
the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the
western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either
federal or state funded) in the eastern 59 counties in North Carolina. Note that if another federal
agency is the lead federal agency for a project in the western 41 counties, procedures for
satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will
not be applicable for consideration under the SLOPES; however, information that demonstrates
the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2) / 4(d) Rule
for the NLEB, will be required in the PCN. Note that at the time of issuance of this RGP, the
federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a
result of litigation, the NLEB is federally listed as "Endangered", this general condition ("s")
will no longer be applicable because the 4(d) Rule, and this NLEB SLOPES, will no longer
apply/be valid.
(8) 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://wvvw.fws.gov/raleigh/pdfs/ManateeGuidelines20 1 7.pdf
(9) If the Permittee discovers or observes any live, damaged, injured, or dead individual of an
endangered or threatened species during construction, the Permittee shall immediately notify the
Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service.
v. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This RGP does not
authorize any activity prohibited by the National Flood Insurance Program.
w. The Pennittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized

facilities. For further information, the Permittee should contact Coast Guard Sector North
Carolina at [phone] or email Coast Guard Fifth District at cgd5waterwaysAuscg.mil.
x. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will
be installed and maintained by and at the expense of the Permittee.
y. It is possible that an authorized structure may be damaged by wave wash from
passing vessels. The issuance of this RGP does not relieve the Permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
Permittee will not hold the United States liable for any such damage.
z. Structures and their attendant utilities, authorized by this RGP, located on lands subject
to an easement in favor of the United States for the operation, maintenance, improvement, and
enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of
the Permittee, in the event that, in the judgment of the Corps acting on behalf of the United
States, the lands are needed at any time for any purpose within the scope of the easement.
Permanent buildings will not be constructed within the easement.
aa. The Permittee must maintain any structure or work authorized by this RGP in good
condition and in conformance with the terms and conditions of this RGP. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee
simple of the work authorized by this RGP will automatically transfer this RGP to the property's
new owner, with all of the rights and responsibilities enumerated herein. The Permittee must
inforrii any subsequent owner of all activities undertaken under the authority of this RGP and
provide the subsequent owner with a copy of the terms and conditions of this RGP.
bb. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
cc. Except as authorized by this RGP or any Corps approved modification to this RGP,
all fill material placed in waters or wetlands shall be generated from an upland source and will be
clean and free of any pollutants except in trace quantities.
dd Except as authorized by this RGP or any Corps approved modification to this RGP,
all excavated material will be disposed of in approved upland disposal areas.
ee. Activities which have commenced (i.e., are under construction) or are under contract
to commence in reliance upon this RGP will remain authorized provided the activity is
completed within twelve months of the date of the RGP's expiration, modification, or revocation.
Activities completed under the authorization of this RGP that were in effect at the time the
activity was completed continue to be authorized by the RGP.

BY AUTHORITY OF THE SECRETARY OF THE ARMY:
ami A. Bennett
Colonel, U.S. Army
District Commander

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
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
measures 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), 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), 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. 02/2017):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520
2

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 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.
3

DocuSign Envelope ID: 5E0B6BAB-05DC-4EFA-A958-0094C3D1 E7AC
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 12, 2022
DWR # 20170867
New Hanover County
Kinder Morgan Terminals
Attn: Darren Goodman
2005 North 6th Street
Wilmington, NC 28401
Subject: Approval of Individual 401 Water Quality Certification
Kinder Morgan Terminals — North 6th Street Facility
USACE Action ID. No. SAW-1988-00516
Dear Mr. Goodman:
Attached hereto is a copy of Certification No. WQC004786 issued to Darren Goodman and Kinder Morgan
Terminals, dated April 12, 2022. This Certification replaces the Certification issued on August 30, 2017.
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 this Water Quality 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 Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee 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.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality 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 Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
NORTH CAROLINA
gnparhnent at Environmental quay
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 28$05-5406
910.796.7215

DocuSign Envelope ID: 5E0B6BAB-05DC-4EFA-A958-0094C3D1 E7AC
Kinder Morgan Terminals, N 6th St.
DWR Project #20170867/WQC#004786
Page 2 of 9
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Holley Snider at 910-796-7303 or [e-mail] if you have any
questions or concerns.
Electronic cc: Chris Kul, Tetra Tech
D_EQNORTH CAROLINA
gH,&hT% nR ni Environmental quality
Sincerely,
DocuSigned by: LftLLL Sa'a7-64
E3ABA14AC7DC434...
Morella Sanchez -King
Regional Operations Supervisor
401 & Buffer Permitting Branch
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 281105-5406
910.796.7215

DocuSign Envelope ID: 5E0B6BAB-05DC-4EFA-A958-0094C3D1 E7AC
Kinder Morgan Terminals, N 6th St.
DWR Project #20170867/WQC#004786
Page 3 of 9
Greg Currey, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
D_E CV)
NORTH CAROLINA
gppnrMnnR ni Environmental quality
Filename: 20170867v2_Kinder Morgan 6th St_IWQC_NHCo_Apr.22.docx
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 281105-5406
910.796.7215

DocuSign Envelope ID: 5E0B6BAB-05DC-4EFA-A958-0094C3D1 E7AC
Kinder Morgan Terminals, N 6th St.
DWR Project #20170867/WQC#004786
Page 4 of 9
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004786 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Darren Goodman and Kinder Morgan Terminals, who have authorization for
the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) from the US Army Corps of Engineers on February 23, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Plan Location or Reference
Open Waters
Approximately 1.84 acres
(agitation dredging)
CAMA Major Permit
Application (received by DWR
July 12, 2017)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. MORATORIUMS :
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.
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.
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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 048 .0125
2. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SC
Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8
and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural
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North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 28p05-5406
910.796.7215

DocuSign Envelope ID: 5E0B6BAB-05DC-4EFA-A958-0094C3D1 E7AC
Kinder Morgan Terminals, N 6th St.
DWR Project #20170867/WQC#004786
Page 5 of 9
conditions; (I) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity
exceeds this level due to natural background conditions, the existing turbidity level shall not be
increased.
Citation: 15A NCAC 02B .0221
3. The effluent water from the dredge spoil shall not be released into open shellfish waters unless
Shellfish Sanitation and the DWR Washington (252-946-6481) or Wilmington (910-796-7215)
Regional Office, as applicable, are notified and provide approval prior to the release.
Citation: 15A NCAC 028 .0221
4. 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.
Citation: 15A NCAC 02H .0502 (a) and 15A NCAC 02H .0506 (b)(1)
5. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with, and/or
any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the permittee became aware of the non-
compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of
the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
7. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
8. 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.
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 North Caroline
Department of Transportation 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
D_E+QNORTH CAROLINA
oeparhnent et Environmental 9eeltry
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 28p05-5406
910.796.7215

DocuSign Envelope ID: 5E0B6BAB-05DC-4EFA-A958-0094C3D1 E7AC
Kinder Morgan Terminals, N 6th St.
DWR Project #20170867/WQC#004786
Page 6 of 9
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 (HQW), 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B
.0231
9. Sediment and erosion control measures shall not be installed in wetland or waters except within the
footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed
within authorized impact areas, then placement of such measures shall not be conducted in a
manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence
installed within wetlands shall be removed from wetlands and the natural grade restored within two
(2) months of the date that DEMLR or locally delegated program has released the specific area
within the project to ensure wetland standards are maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
11. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions
including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring,
record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 028
.0231
12. 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 to pass the average historical low
flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than
the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to
maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low
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North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 28p05-5406
910.796.7215

DocuSign Envelope ID: 5E0B6BAB-05DC-4EFA-A958-0094C3D1 E7AC
Kinder Morgan Terminals, N 6th St.
DWR Project #20170867/WQC#004786
Page 7 of 9
flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed
such that they receive only flows above bankfull.
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 the culvert outlet is submerged within a pool or scour hole and designed to
provide for aquatic passage, then culvert burial into the streambed is not required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes
of greater than 2.5% 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, sills, baffles etc.). Notification, including supporting
documentation to include a location map of the culvert, culvert profile drawings, and slope
calculations, shall be provided to DWR 30 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 30 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.
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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
13. Bridge deck drains shall not discharge directly into streams or wetlands. 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
streams or wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
14. 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.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 028 .0231
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North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 28p05-5406
910.796.7215

DocuSign Envelope ID: 5E0B6BAB-05DC-4EFA-A958-0094C3D1 E7AC
Kinder Morgan Terminals, N 6th St.
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15. 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.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
16. 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. All temporarily impacted
sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
17. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
18. 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 streambed elevation and streambank
contours are restored and maintained and shall consist of clean rock or masonry material free of
debris or toxic pollutants. 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 be installed in a
manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
19. 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0201
20. 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.
Citation: 15A NCAC 02H .0507(c); 15A NCAC 07H .1400 et seq.
21. 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
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North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 28p05-5406
910.796.7215

DocuSign Envelope ID: 5E0B6BAB-05DC-4EFA-A958-0094C3D1 E7AC
Kinder Morgan Terminals, N 6th St.
DWR Project #20170867/WQC#004786
Page 9 of 9
toxic materials. Construction shall be staged in order to minimize the exposure of equipment to
surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment
maintenance shall be performed in a manner to prevent, to the maximum extent practicable,
contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
22. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231
23. In accordance with 143-215.85(b), the permittee 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.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
24. The 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
25. The permittee shall require its contractors and/or agents to comply with the terms and conditions of
this certification 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 Water Quality Certification. A copy of this Water Quality Certification shall be available
at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the
date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
MSK/hs
GDEQi
NORTH CAROLINA
neearhnent et Environmental 9en1;ry
This, the 12th day of April 2022
DoccuSiigAned by: 6"" qq
MIL
Morella Sanchez -King E3ABA14AC7DC434...
Regional Operations Supervisor
401 & Buffer Permitting Branch
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. Willmington, North Carolina 28p05-5406
910.796.7215