20160597 Ver 1_DCM Permit_20160615

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Permit Class
EMERGENCY
cj4A, (-66
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ikrmit
for
Permit Number
68-16
RECEIVED/NCDENR/DWR
JUN 2 3 2016
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118 Water Quality Regional
Operations Section
Wilmington Regional Office
X Excavation and/or filling pursuant to NCGS 113-229
Issued to North Carolina State Ports Authority, P.O. Box 9002, Wilmington, NC 28402
Authorizing development in Brunswick County at within the Horseshoe Shoals segment of the
Cape Fear River Shipping Channel, as requested in the permittee's application dated 6/14/16, including the
attached workplan drawings (3) 1 dated 6/10/16, 1 dated 6/1/16, and 1 dated received at DCM Wilmington 6/14/16.
This permit, issued on June 16, 2016 , 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
1) Unless specifically altered herein, this Major Permit authorizes the emergency one-time agitation
dredging event that is expressly and specifically set forth in the permittee's application dated 6/14/16
and workplan drawings (3) dated 1 dated 6/10/16, 1 dated 6/1/16, and 1 dated received at DCM
Wilmington 6/14/16.
2) All agitation dredging activities shall only be conducted during falling tides.
3) Agitation dredging shall not exceed —44 feet (42 feet authorized dredge depth plus 2 feet over
dredge allowance) below mean lower low water (MLLW). In no case shall the depth of agitation
dredging exceed the depth of connecting waters.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2019
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
Braxt6 . Davis, Director
ivision of Coastal Management
This permit and its conditions are 1gg& fffted.
VCM WI lI NGTGN, NC
JUN 23 2016
Signature of Permittee

North Carolina State Ports Authority Permit No. 68-16
Page 2 of 3
ADDITIONAL CONDITIONS
4) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant shall
implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements therein. The guidelines can be found at http://www.fws.gov/nc-
es/manimal/manatee_guidelines.pdfI
5) 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 Resources at [phone] and provisions of the North Carolina Oil Pollution
and Hazardous Substances Control Act will be followed.
General
6) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the work authorized by this permit, or if in the opinion of the
Secretary of the Army or his authorized representative, said work shall cause unreasonable obstruction
to free navigation of the navigable waters, the permittee shall be required, upon due notice from the
Corps of Engineers, to remove, relocate or alter the obstructions caused thereby, without expense to the
United States or the State of North Carolina. No claim shall be made against the United States or the
State of North Carolina on account of any such removal or alteration.
7) This permit does not authorize the interference with any existing or proposed Federal Projects and the
permittee shall not be entitled to compensation for damage to the work authorized herein, which may be
caused by or result from existing or future operations undertaken by the United States in the public
interest.
8) The authorized activity shall 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) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
10) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation.
NOTE: In order to ensure that similar future events do not threaten the operational capabilities of the
State Port Facility in Wilmington, the permittee is strongly encouraged to expedite efforts to
develop and implement a proactive long-term solution that addresses future shoaling issues
within the project area. The Division of Coastal Management will offer any assistance possible
to help achieve this long-term solution.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including authorization from the United States
Army Corps of Engineers and North Carolina Division of Water Resources.
I'M

North Carolina State Ports Authority Permit No. 68-16
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: A permit application processing fee of $475 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.