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HomeMy WebLinkAbout20170091 Ver 1_CAMA Application_20170120f t ROY COOPER Governor WILLIAM G. ROSS, JR Interim Secretary BRAXTON DAVIS Coastal Management l,,rect„r ENVIRONMENTAL QUALITY January 82017 2 1 70 0 VIE D TO: Karen Higgins JAN 2 0 2011 401 & Buffer Permitting Unit DWRNVater Quality Permitting 0B.gUT RRE OUR ES 40 R PERMI7TIN FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)-ncdenr.gov Fax: 350-2018 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Colonial Terminals, Inc. MM 106-74 Project Location: 1002 South Front St., adjacent to the Cape Fear River, in Wilmington, New Hanover County Proposed Project: to perform mechanical agitation dredging to maintain an existing shipping berth Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by February 9, 2017. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached” This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Colonial Terminals, Inc. (Philip Watts) c/o Gary Greene Engineering 2. LOCATION OF PROJECT SITE: The project is located at 1002 South Front Street, adjacent to the Cape Fear River, in Wilmington, New Hanover County. Photo Index - 2006: 204-6657: K -L, 8-10 Latitude: 34°13'18.98"N Longitude: 77°57'04.68"W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 01/12/2017 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received — 01/06/2017 (Completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — City of Wilmington/New Hanover County Land Classification From LUP — Conservation/Developed (B) AEC(s) Involved: EW, PTA Water Dependent: Yes (D) Intended Use: Commercial/Industrial (E) Wastewater Treatment: Existing: Municipal Planned: None 7. 8. (F) Type of Structures: Existing — Office buildings, rail spur, load -out towers, railway, liquid bulk storage containers, timber pier and platforms Planned — Modification of existing maintenance permit to incorporate mechanical agitation dredging (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands N/A (B) Non -Vegetated Wetlands (Open water) 45,000 sq. ft. C Other — Hi h ound N/A (D) Total Area Disturbed: 45,000 sq. ft. (E) Primary Nursery Area: Yes (F) Water Classification: SC Open: No PROJECT SUMMARY: The applicant is proposing a major modification to State Permit #106-74 to incorporate mechanical agitation dredging to maintain an existing shipping berth within the Cape Fear River. Colonial Terminal, Inc. (Philip Watts) c/o Gary Greene Engineering Page Two 9. PROJECT DESCRIPTION The project site is located at 1002 South Front Steet, adjacent to the Cape Fear River, in Wilmington, New Hanover County. To locate the property from the Wilmington DCM Office, travel north on Cardinal Dr. Ext. and turn left on to Market St. Drive 0.4 miles and turn right on to Martin Luther King Jr. Parkway (US -74W). Travel 5.5 miles and then continue on to N 3rd St., staying on N. 3rd St. for 1.5 miles. Take a left turn on to Castle St., and after 0.2 miles turn left on to S. Front St. Continue 0.4 miles down S. Front St. and Colonial Terminals, Inc. will be on the right-hand side of the road. The project is located on the east bank of the Cape Fear River, just south of the Cape Fear Memorial Bridge and is approximately 38.6 acres, averaging approximately 6' above normal high water (NHW). The site has been utilized for commercial berthing operations since the early 1970's to unload and store petroleum products. Existing structures include: office buildings, timber pier, liquid bulk storage containers, load -out towers, and railway. The application states the material comes in on freight tankers and is unloaded at the existing dock via pipeline. From there, the material would be fed into the storage containers then transported to the load -out tower where it is deposited into trucks and/or railcars for off-site transportation. The existing shipping pier, measuring approximately 280' in length by 7' in width, which terminates onto a "T -head" platform measuring approximately 586' in length by 7' in width. The existing facility extends to the US Army Corps of Engineers (USACE) Wilmington Harbor Line. State Permit No. 106-74 was originally issued to Union Oil Co. — Chemical Division on June 26, 1974 for excavation of a berthing area at their terminal site along the Cape Fear River, which was then transferred to Colonial Terminals, Inc. (JLM Terminals, Inc.) on February 17, 1993. State Permit No. 106-74 was modified on October 29, 2002 to allow for expansion of the authorized berth area (-900' in length by 50' in width) to -38' below MLW. State Permit No. 106-74 was renewed on April 5, 2007 and was due to expire on February 28, 2012. State Permit No. 106-74 was last renewed and modified on September 19, 2012 for an increased excavation depth to -42' + 2' overdredge allowance @ MLW. State Permit No. 106-74 is subject to Session Law 2009- 406, and as amended by Session Law 2010-177, the Permit Extension Act, and is now scheduled to expire on December 31, 2016. Upland vegetation consists of wild grasses and hardwood species located on the western portion of the site. Existing coastal wetlands on the site includes a border of Smooth Cordgrass (Spartina alterniora), Phragmites, Spike Grass (Distichlis spicata), Saltmeadow Cordgrass (Spartina patens), and Groundsel Tree (Baccharis halimifolia) that is approximately 30 ft. in width and 2000 ft. in length. The waters of the Cape Fear River (in the vicinity of the project) are classified SC, by the N.C. Division of Water Resources. The area is designated as a Primary Nursery Area (PNA), by the N.C. Division of Marine Fisheries and these waters are CLOSED to the harvesting of shellfish. The City of Wilmington Land Use Plan classifies the area as Conservation. PROPOSED PROJECT The applicant is proposing a major modification to State Permit #106-74 to incorporate the use of agitation dredging to maintain an existing shipping berth within the Cape Fear River. The agitation dredging proposed is similar to what is currently authorized to the NCSPA (State Permit No.47-87): mechanical agitation via a sled or sweeping beam towed by a tug or similar vessel. The applicant states that the sled and the beam method would utilize a similar type sled used in the Savanna Georgia harbor and in over 50% of Wilmington's deep water berths on the Cape Fear River. The proposed sled is a triangular shape and constructed with steel beams (See photograph of sled on Page A2 of 7 of the Project Narrative). The proposed sled would have a 15 to 20 foot base and a 15 to 20 foot height frame, with a total weight of approximately 5,000 lbs., and 1 to 2 inch diameter rods attached to the beams would aid in the agitation of the deposited sediments. The applicant intends for the sled to be pulled by a tug or work boat using a cable. The application states that these units have been shown to be effective in maintaining berths with widths greater than 100' to the edge of the shipping channel. Colonial Terminals, Inc. (Philip Watts) c/o Gary Greene Engineering Page Three As stated, the existing berth is approximately 900' in length by 50' in width. The application states that material would be re -suspended back into the river system during an ebb tide with the proposed agitation dredging methods. The shoaling rate within this segment of the river is such that accelerated maintenance dredging has been necessary in order that the applicant and other facilities along this segment of the river to avoid a potential safety hazard for grounding of vessels on the shoaling area while attempting to unload within this berth. It should be noted that the NC DCM along with other state and federal resource agencies receive maintenance excavation requests from the NCSPA on an annual basis to address the dangerous accelerated shoaling within their berths. The applicant states that over 50% of the Wilmington Harbor deep water berths are currently authorized for agitation dredging using mechanical or hydraulic methods. (See Sheets A3 of 7). 10. ANTICIPATED IMPACTS Excavation within the existing berth along this segment of the Cape Fear River would result in material re -suspended back into the river system through mechanical agitation dredging. The same method was evaluated for The NCSPA (State Permit No.47-87), which is located downstream from the project site. State Permit No. 47-87 was issued to the applicant via a variance through the Coastal Resources Commission (CRC). This proposal does not differ in concept from the method authorized under State Permit No. 47-87. In effect, the agitation dredging would sweep accumulating fines from the berth area to avoid the creation of shoaled areas, which could result in unsafe terminal operations. Based on information presented by the agent and information on agitation dredging in use in other facilities within this segment of the river, it is anticipated that there would not be adverse impacts associated with the operation of this system. The potential for short term sediment suspension impacts is certainly much more acceptable than the possibility of product loss due to vessel damage resulting from grounding. The application also states that biological monitoring and study reports were compiled by Law Engineering in 1998 for facilities such as the NCSPA. The application states that the monitoring was done before, during and after the dredging events. Based on the results of the reports, the data indicated that "dredging apparently caused no significant affect on temperature", "The peak turbidity values measured during and after dredging do not indicate a correlation to dredging activity", "Dredging appears to have no significant impact on dissolved oxygen at the depths and locations sampled", and "the scope and analytical sampling procedures, and analytical parameters are adequate to measure the water impacts of agitation dredging". The applicant also references the Biological Assessment for Short Nose and Atlantic Sturgeons Port of Wilmington and other Private Terminals prepared by Dial Cordy and Associates in 2014, which reported similar results for mechanical dredging at the Port of Wilmington and the Petroleum Fuel and Terminals berths. Submitted by: Brooks R. Surgan Date: 01/13/2017 Office: Wilmington Narrative for Colonial Terminals Inc's Proposed Maintenance Dredge Permit Modification Colonial Terminals Inc Wilmington, NC Narrative for Colonial Inc's Proposed Maintenance Dredge Permit Modification EXISTING CONDITIONS OF PERMIT: Colonial received permit 106-74 in May 1992 for transfer of the permit from JLM Terminals to Colonial with the following stipulations associated with dredging. 1) This minor modification authorizes the expansion of the existing berthing area to the following dimensions: 900 feet long by 50 feet wide by 38 feet deep. 2) In order to protect juvenile shrimp and finfish populations, no dredging will be permitted between February 15 and May 31 of any year without prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 3) All excavated materials will be confined on high ground above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 4) The disposal area effluent will be contained by pipe, trough, or similar device to a point beyond the mean low water level to prevent gully erosion and unnecessary siltation. 5) The terminal end of the pipeline will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow adequate settlement of suspended sediments. 6) A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 7) No excavated or fill material will be placed at any time in any vegetated wetlands or surrounding waters of the state. 8) Excavation will not exceed 38 feet below the mean low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 9) The activity will be conducted in such a manner s to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTUs or less in all saltwater classes are not considered significant. 12) The spoil disposal areas shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. The permit was renewed and modified on September 19, 2012 with the modification increasing authorized excavation depth to -44 feet (42' depth of excavation with a 2' overdredge allowance). The expiration of the permit is December 31, 2016. The area to be dredged along with the location of the Corps of Engineers Eagle Island disposal site is identified in the attached permit drawings P1 and P2. REGE�� �� N 0CMWI M Narrative for Colonial Terminals Inc's Proposed Maintenance Dredge Permit Modification Colonial Terminals Inc Wilmington, NC PROPOSED MODIFICATION TO PERMIT: The requested modification is to add an option to the permit which would authorize the use of agitation dredging techniques utilizing mechanical agitation via a sled or sweeping beam towed by a tug or similar vessel. Below are two photographs which illustrate equipment typically used for mechanical agitation. On the left is a sled that is utilized in the Savannah Georgia harbor (similar equipment used in Wilmington NC harbor). The sled is pulled by a tug or work boat using a cable as shown, or similar for connection. The illustrated sled is typical, of most used, which is a triangular shape and constructed with steel beams / shapes. Some sleds will add 1 to 2 inch diameter rods attached to the beams to aid the agitation of the deposited sediments. Typical dimensions for the triangular shaped sled are a 15 to 20 feet base and a 15 to 20 feet height providing a total weight of approximately 5000 lbs. The photograph on the right is a barge outfitted with pulleys and winches for dragging a beam with the barge towed by a tug or work boat vessel. Both the sled and the beam would be lowered into the water at the berth and pulled along the length of the berth at the mud line during ebb tides re -suspending the sediments. Photograph of Sled Photograph of Beam ENVIRONMENTAL IMPACTS FROM THE PROPOSED MODIFICATION: With mechanical agitation dredging methods currently employed near the proposed site and at other harbors in southeastern United States, the potential impact at the Colonial site will be based on these other sites noting the locations that are permitted and the studies / data from these sites . Permitted Agitation Dredging Locations Agitation dredging utilizing mechanical methods are currently permitted at locations in the Wilmington, NC and Savannah Ga harbors. In the Wilmington harbor, a summary of deep water berths (maintained dredge depth > 32 feet MLW) is noted below along with length of berth and length currently permitted for agitation dredging method. The lengths for the berths were obtained from the Corps of Engineers'�(t�t�Center's "Port Facility Spreadsheet" supplemented by permit data for the Surry6�rtYe sland terminals. Narrative for Colonial Terminals Inc's Proposed Maintenance Dredge Permit Modification Summing the lengths, over 50% of the Wilmington harbor deep water berths are currently permitted for mechanical agitation dredging. It should be noted that no dredging companies are based in Wilmington with equipment suitable for dredging the above berths. In Savannah, over 28,000 feet of deep water berths have utilized agitation dredging via mechanical methods. Similar to Wilmington, there are no dredging companies with equipment suitable for dredging the deep water berths. Colonial Terminals Inc' Wilmington, NC Berth Berth Length (ft) Permitted Agitation Length (ft) National Gypsum 810 0 Kinder Morgan 836 0 ChemServe (formally Invista) 700 0 Altamar (Carolina Marine) 900 900 Apex Oil 800 0 NC State Ports Berths 1 - 9 6768 6768 Paktank 900 0 Buckeye Terminals LLC 950 950 Colonial Terminals 720 0 Riverman Surry Street 700 0 Atlantic Diving Eagle Island 800 0 TOTAL 14884 8618 Similarities of Proposed Site to Existed Permitted Sites In the Wilmington harbor, the Colonial site is similar to the permitted sites as follows: • Site is on the Cape Fear River with similar channel and berth project design depths as the permitted sites at the NC State Port, Buckeye and Altamar berths which are less than 1/2 nautical mile of the site; • site experiences similar channel currents, tidal fluctuations, water quality and vessel traffic at the permitted sites at the NC State Port, Buckeye and Altamar berths; • site has been dredged with sediments deposited on Corps of Engineers' Eagle Island disposal site similar to the permitted sites at the NC State Port, Buckeye and Altamar berths with sediment testing to verify suitability of the sediments; and • site experiences similar sedimentation rates as the permitted sites at the NC State Port, Buckeye and Altamar berths. Other similarities to be noted are: • Site is located on a river located in excess of 10 nautical miles from the ocean similar to the permitted sites located in both the Wilmington and Savannah harbors; and • site is located in a harbor where no dredging companies with equipment suitable for dredging the deep water berths are based similar to the permitted sites located in both the Wilmington and Savannah harbors. Data on Environmental Impact of Proposed Action Monitoring and studies of the other sites have been performed as follows: 1) Agitation Sled Dredging Water Quality Assessment Port of Wilmington (NCSPA), Law Engineering, 1998'. This report was prepared for the North Carolina State Ports Authority permit approval for agitation dredging at the Wilmington terminal berths with monitoring during July 1998 before, during and after dredging. In the Results / Conclusions section of the report, Law notes a) "...dredging apparently caused no significant affect on water temperature"; b) "The peak turbidity values measured during and after dredging do not indicate a correlation to dredging activity"; c) "Dredgi�=JM0421j- hsignificant impact on dissolved oxygen at the depths and locatione scope and ,Narrative for Colonial Terminals Inc's Proposed Maintenance Dredge Permit Modification Colonial Terminals Inc Wilmington, NC analytical sampling procedures, and analytical parameters are adequate to measure the water impacts of agitation dredging". 2) Savannah Harbor Agitation Dredging Agitation Environmental Study, EMC 1993 2. This study was performed to develop information on the environmental status of the Savannah Harbor as it pertains to agitation dredging. The study included the analysis of sediment and water samples for contaminants; analysis of fish tissue for bio -accumulation of contaminants; bioassays to determine lethal effects of re -suspended sediment on organisms; monitoring two dredging events to determine dissolved oxygen and other instantaneous effects of dredging; and assessment of the cumulative impacts of dredging. Monitoring during the two dredging events included the dredged site and a control site in a slip away from the dredging site. Monitoring results indicated that the control site consistently exhibited the higher values for metals. The bioassay tests exposed sheepshead minnows to various concentrations of the effluent collected from turbidity plumes collected during an agitation dredging event; and the report concluded that water from the plume exhibited no toxicity. With regards to turbidity, the report noted the following: "The effects of agitation dredging on turbidity were most evident in near bottom samples. Turbidity is naturally higher near the bottom for the following reasons: fresh, less turbid, water lies over more saline water which traps silt and clay particles. Differential settling of silt and clay particles allows them to accumulate near the bottom. Bottom resuspension of silt and clay particles also occurs making bottom waters more turbid. However, as currents increase, turbidity levels increase throughout the water column. Plumes of turbidity were not constant or consistent which indicates that the plumes of high turbidity dissipated quickly through dilution by surrounding less turbid water." With regard to DO, the report noted .."During both dredging events, dissolved oxygen (DO) levels decreased as turbidity increased. However, DO levels were never recorded below 3.0 mg/1. This level is not considered to be threatening to marine life." The report at the end of the `Conclusions' section stated .."Continuation of agitation dredging will not result in long-term deleterious impacts." 3) Agitation Dredge Evaluation, Savannah Harbor Ecosystem Restoration Project, 2002 3. With approximately 15 permits for agitation dredging in the Savannah harbor, the Savannah District of the US Army Corps of Engineers developed a scope of work in 1989 to assess the potential effects of agitation dredging. The three major components of the study were a) determine aquatic resources in the river at risk from the effects of agitation dredging and conduct a literature review of published effects levels on these resources; b) conduct field studies to determine the level of temperature, DO, salinity, turbidity and selected chemical parameters associated with the `plume' produced by agitation dredging including relative effects in comparison the background levels; and c) determine the potential for effects on the identified aquatic resources from observed effects produced by agitation dredging events. 1DOM \N0ENG ON, No Narrative for Colonial Terminals Inc's Proposed Maintenance Dredge Permit Modification Colonial Terminals Inc Wilmington, NC Contract work included the firms of Dial Cordy and ATM with continuous monitoring equipment deployed in May 2000. Field reconnaissance work began in July 2000 along with data collection in the fall of 2000 and spring of 2001. After receiving comments to draft reports, a final report was submitted to the Savannah District in June 2002. In section 10.2 `Conclusions' of the report, the following was noted. - "While short-term water column effects of elevated TSS concentrations have been identified by this and previous studies, no unacceptable adverse effects have been identified by this study as a result of agitation dredging." - "Water quality profiles taken down river sometimes indicate that agitation dredge operations create a near field and brief DO depression.... DO depressions downstream of agitation dredge operations were equal to or DO concentrations were similar to concentrations observed in background profiles." - "The conclusion, therefore, is that dissolved oxygen depression or increase, while observed in some cases, is not a significant effect of agitation dredging generally." - "Considering the duration of exposure, season, life stage, volume of water body and percent of suitable aquatic affected, there is not convincing evidence that agitation dredging activity as it is performed in the Savannah Harbor creates unacceptable adverse impacts on aquatic resources." 4) Impact of dredging including agitation methods on Shortnose and Atlantic Sturgeons for Port of Wilmington and Other Private Marine Terminals, January 2014 4. A study that included essential fish habitat impact and biological assessment of maintenance dredging was performed for the NC State Port and private terminals including the Petroleum Fuel & Terminal berth. The report concluded the following: Maintenance dredging either through use of a hydraulic cutterhead dredge, clamshell or with Ibeam dragging will result in elevated TSS and turbidity levels for a short duration ranging from 10 to 15 days for hydraulic or clamshell to less than a day or so for I-beam dragged at each terminal. Due to the small footprint during I-beam dragging and because of tidal effects and the dynamic nature of sediment plumes, a single location in the water column will not be affected by a plume for more than a few hours. Dredging is not expected to result in depressed DO levels during dredging most of the year, other than during the late summer/early fall when water temperatures are higher and DO lower (Mallin 2013). Dissolved oxygen levels during the 1999 monitoring of agitation dredging at the POW were not depressed and did not go below 5 mg/1 or show any correlation to temperature or turbidity (NCDENR 2009 and LAW 1999). Maintaining the anadromous fish in -water construction moratorium from February 1 through September 30 of each year helps ensure that the potential summer DO sag is not further depressed by dredging and thereby adversely affecting the behavior or health of sturgeon. In March 2014, the National Marine Fisheries Service (NMFS) accepted the report and recommended that operations be performed on falling tide, be 5000 feet apart for simultaneous events and no agitation outside dredging window without roval from NMFS. pECE1V OCM W11.M1NoTON, NE Narrative for Colonial Terminals Inc's Proposed Maintenance Dredge Permit Modification Colonial Terminals Inc Wilmington, NC Summarizing the above, reports and monitoring of agitation dredging via mechanical methods indicate that no adverse impacts are expected. Note that these agitation operations have continued for a minimum of fifteen years in Wilmington without any reported incidents nor the requirement for additional studies nor monitoring. In Savannah, subsequent reviews by the Georgia Environmental Protection Division regarding agitation has resulted in determinations to continue the agitation operations. Based on the above, agitation dredging as proposed for the Colonial Terminals Inc terminal is not expected to result in any adverse impacts. Proposed Frequency As noted below, typical deposition rates are approximately 1 foot in the first months. With this deposition rate, it is desirable to perform agitation dredging on a frequency of six to eight weeks depending on actual deposition incurred. The reasoning for this frequency is for the following: • minimizing impact on available ship draft at the berth; • minimizing the duration required of agitation dredging to achieve desired depth; and • minimizing the consolidation of the sediments to aid in re -suspension of same. It is acknowledged that any agitation dredging should not occur during spawning and other critical habitat periods in the river; therefore, restrictions for dredging during segments of the year would necessitate coordination with and prior approval from the Division of Coastal Management, through the Division of Marine Fisheries using parameters such as, but limited to, current and forecasted water temperatures. JUSTIFICATION: The berth at the Colonial terminal in Wilmington experiences shoaling sufficient to hinder the operation of the terminal due to lack of available draft. In the initial months, the rate of deposition is as much as one foot per month (based on bathymetric monitoring) followed by a reduced rate in the latter months. The justification for allowance of agitation dredging is based on availability of equipment to economically dredge the berth at desired frequencies and economic impact due to lack of sufficient vessel draft at the berth. With no equipment based in the Wilmington harbor, deep water terminals rely on dredging equipment being available in the harbor only when the Corps of Engineers performs maintenance dredging of the adjacent federal channels. The Corp of Engineers does make efforts to coordinate with the terminals concerning dredging; however, scheduling can be beyond both the Corps and dredge contractor's control. This can result in long periods between dredging activities at the berth. For example, the dredge may be available to dredge the berth at the beginning of the Corps' contract one year. But on the following year, it may not be available until after the Corps' contract. This can result in as much as 16 months between dredging events at the berth. With a 16 month period, the berth may only have an available draft of less than 34 feet mean low water which impacts the ability to schedule ships to call the terminal. With the limited number of dredging companies that can perform deepwater dre~ the amount of dredging performed annually in the United States, the availability of ic&&v4W#,CeTf�,c laze to the Wilmington harbor is limited and most often none would be available. In order tomoh}ze a dredge to Narrative for Colonial Terminals Inc's Proposed Colonial Terminals Inc, Maintenance Dredge Permit Modification Wilmington, NC the site from it's home base, Charleston SC would the least distance. The time to travel to the site and travel back to the operations base would be a total of eight days at a cost of $1,600,000 5. Considering the total yardage of dredged material is typically less than 10,000 cubic yards, the mobilization cost (would have to add three to four days for set up and removal of pipe) per yard would be prohibitive to dredge outside of a Corps of Engineers contract if a dredge were available. Unlike liquid bulk and most general cargo where ships call at multiple ports of call at both origin and destination countries / regions, vessels in the dry bulk trades will typically call on only one port at cargo origin and destination. Also, ships are chartered for these trades in advance and are expected to carry a set tonnage. Therefore, it is necessary for berths utilized for dry bulk cargoes to provide the noted draft provided in port directories. An loss of one foot of draft can result in a loss of up to 2000 tons of cargo capacity for the ship. Considering the value of most dry bulk cargoes, it is necessary for shippers to utilize the largest ship capacity possible. Therefore, the loss of vessel draft capability at the berth can result in shippers directing cargo to other terminals creating significant economic impact to the terminal. SUMMARY: The typical shoaling rates at the Colonial berth combined with the limited availability of dredging equipment, in the Wilmington harbor, to provide maintenance dredging impacts the terminal operations. In order to maintain available draft at the berth, modification of the permit to authorize agitation dredging utilizing mechanical methods is requested. These agitation methods have been employed at other nearby and southeastern locations. Previous studies / monitoring at these locations, which are similar to Colonial, indicate that allowing agitation dredging at the Colonial Inc terminal is not expected to result in any adverse impacts. Anticipated and requested frequency for agitation dredging at the berth would be every six to eight weeks. This requested frequency recognizes that any agitation dredging should not occur during spawning and other critical habitat periods in the river. Therefore, restrictions for dredging will necessitate coordination with and prior approval from the Division of Coastal Management, through the Division of Marine Fisheries for set periods annually. Agitation Sled Dredging Water Quality Assessment Berth l and 2, Port of Wilmington, NCSPA Project No 10070, Wilmington, North Carolina prepared for North Carolina State Ports Authority. Law Engineering and Environmental Services, Inc (Law Project No 31000-8-1039) dated 8/18/1989 2 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 3 Final Report, Agitation Dredge Evaluation, Savannah Harbor Ecosystem Restoration Project. Dial Cordy and Associates, June 17, 2002 a Biological Assessment for Shortnose and Atlantic Sturgeons Port of Wilmington and Other Private Marine Terminals. Dial Cordy and Associates, January, 2014 RECEIVED �WILMINGTON, NC s Personal conversation via telephone with David Dent, Southern Dredging Company, harleston, South Carolina DCM MP -1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Colonial Terminals Inc Project Name (if applicable) Maintenance Dredge Permit Modification o r Applicant 1: First Name Phillip MI Last Name Watts Applicant 2: First Name MI Last Name MI If additional applicants, please attach an additional page(s) with names listed. Mailing Address 1002 South Front Street PO Box City Wilmington State North Carolina ZIP 28401 Country USA Phone No. 910 - 762 - 6615 ext. FAX No. - - Street Address (if different from above) City State ZIP Email PWatts@colonialterminals.com State 2. Agent/Contractor Information Business Name Gary Greene Engineers Agent/ Contractor 1: First Name MI Last Name Gary K Greene Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State Post Office Box 99213 Raleigh NC ZIP Phone No. 1 one No. 2 27624 919 - 855 - 8488 ext. ext. FAX No. Contractor # 919 882 9654 Street Address (if different from above) City State ZIP 5832 Faringdon Place Raleigh NC 27609 - Email gkgreene@garygreene-engineers.com or gkgreene @earthlink.net CENEU RECEIVED t'lk'jvt v --- - 0(.;Nl 1NILMINv i ON, INC <Form continues on back> 252-338.23"13 1.83-3 4RC 0 A3'i" Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 1002 South Front Street d. Approximate elevation of tract above NHW (normal high water) or Subdivision Name City State Zip n/a Wilmington NC 28401 - Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 762 - 6615 ext. i. Is the proposed project consistent with the applicable zoning? a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Cape Fear River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Cape Fear River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Wilmington 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1800+/- 38.6 acres +/- c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or n/a, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) >6 ®NHW or ❑NWL e. Vegetation on tract n/a f. Man-made features and uses now on tract Liquid bulk storage, truck and rail distribution transfer and ship transfer g. Identify and describe the existing land uses adjacent to the proposed project site. Industrial - marine terminals h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Heavy Industrial (Attach zoning compliance certificate, if applicable) ❑Yes [:]No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes []No ®NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes []No ®NA National Register listed or eligible property? RECEIVED <Form continues on next page> L)CM WILMINGTON, NG Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ❑Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. discharge to municipal sewer system - City of Wilmington o. Describe existing drinking water supply source. municipal water system - City of Wilmington p. Describe existing storm water management or treatment systems. n/a 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. same use as current use - liquid bulk marine terminal c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. no construction - maintenance activities proposed to include agitation sled / beam pulled by tug d. List all development activities you propose. no development - modification to current maintenance permit e. Are the proposed activities maintenance of an existing project, new work, or both? modification of maintenance methods f. What is the approximate total disturbed land area resulting from the proposed project? 0 ®Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ❑No ®NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. no storm water / sewer discharge i. Will wastewater or stormwater be discharged into a wetland? []Yes []No ®NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ❑NA j. Is there any mitigation proposed? [--]Yes ❑No' ONA If yes, attach a mitigation proposal. RECEIVED LAAVI VVILIVIIIVI.7, idv <Form continues on back> .� , i ., I' ..wr V+q W.nt:--as.3ia=Maa ag'E r"eid z ,n0 Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP -1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (1) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Buckeye Terminals LLC Phone No. 910-763-5122 Address 1312 South Front Steet, Wilmington, NC 28402 Name Riverman LLC Phone No. 910-791-2411 Address 3330 River Road, Wilmington, NC 28412 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 106-74 Action ID No SAW -1988-00052 In. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date December 19, 2016 Print Name Gary K Greene Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development RECEIVED ❑DCM MP -4 Structures Information ®CNI NII! PAINGTON, NC Form DCM MP -2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. 1, Access [❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. Other silt / clay sediments Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline re -suspension not excavation NWL) c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), stabilization or other wetlands (WL)? If any boxes are checked, provide the 900' @ inner number of square feet affected. ❑CW []SAV ❑SB Length OWL ®None (ii) Describe the purpose of the excavation in these areas: . DIEPQEi4L Q .EXCAVA.TOO AMT R/AL 0This section not applicable a. 1000' pouter b. Dimensions of disposal area. Corps of Engineers Eagle Island Disposal Site N/A refer to narative Width (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? 50' ❑Yes ®No ®NA ❑Yes ❑No ®NA (ii) If no, attach a letter granting permission from the owner. Avg. Existing 42'+ NA NA Depth overdredge Final Project 42+ NA NA Depth overdredge 1, X,CAVAT10I N' [❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. silt / clay sediments varies with maximum of 2000CY (beyond this amount re- suspension is not as effective); however, permit modifications is for re -suspension not excavation c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), 0 or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW []SAV ❑SB OWL ®None (ii) Describe the purpose of the excavation in these areas: . DIEPQEi4L Q .EXCAVA.TOO AMT R/AL 0This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Corps of Engineers Eagle Island Disposal Site N/A refer to narative c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes ®No ®NA ❑Yes ❑No ®NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes ❑No ®NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? ❑CW []SAV []SB No disposal -Sediments will be re -suspended into water column []WL ®None (v (ii) Describe the purpose of disposal in these areas: WM'NGTdN,� 252 -SM -2808 488-4RI'MO ,S r o ¢flr .,ems .w a "<, w rn a b ..;a i" — 1.21 6 'dorm DCM WJE;xcavatiaa and F199,, Page 2 of 2) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP -4 — Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) if yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No [INA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or n Amount of material to be laced in the water () p other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (iii) Dimensions of fill area ❑CW []SAV ❑SB (iv) Purpose of fill OWL ❑None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? underwater agitation to re -suspend sediments in water column mechanical agitation - sled or beam c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes []No ®NA site? ❑Yes ®No []NA (ii) If yes, explain what type and how they will be implemented. (ii) if yes, explain steps that will be taken to avoid or minimize environmental impacts. December 19,2016 Gary K Greene Date Applicant Na Maintenance Dredge Permit Modification`""`��I Applicant Signat re �C WIL Project Name 1 00 / / D / / / / / U / / / BERTH DREDGE / z s 0 W / / RIPARIAN LINE—I! IRN LIMITS wrwe"�-�W O I �r RIPARIAN_- i I\ ECEIVED ()CM WILMINGTON, NCUCKTERMINALS LLCM' PURPOSE: DREDGE PERMIT MODIFICATION DREDGE DISPOSAL SITE GARY GREENS 1"=300' DREDGE PERMIT MODIFICATION Po BoA 4 I NAAM—OW NC R 8 27624 DATUM: MLLW APPLICANT: COLONIAL TERMINALS INC IN: CAPE FEAR RIVER ADJACENT PROPERTY OWNERS:RIVER MILE: - 1. RWMAN LLC 1002 . SOUTH FRONT STREET COUNTY ORWILMINGTON NEW HSAFM 2. BUCKEYE 7ERMINALS LLC WILMINGTON, NC 3.. DATE: 11/21/2016 SHEET Pt OF 2 PURPOSE: DREDGE PERMIT MODIFICATION 1"=3000' DATUM: MLLW ADJACENT PROPERTY OWNERS: 1. RIVERMAN LLC 2. BUCKEYE TERMINALS LLC 3. . CORPS. O)ENGRS EAGLE INORTH 11 ORPS. OF N R AGLE ISLA D SOUTH CE L I l I � I I I I I r l� 1 DREDGE DISPOSAL SITE DREDGE PERMIT MODIFICATION APPLICANT: COLONIAL TERMINALS INC 1002 SOUTH FRONT STREET WILMINGTON, NC DREDGE SITE RECEIVED CCM WILMINGTON, I GARY GREENE ENGINEERS RIVER MILE: - COUNTY OFWILMINGTON / NEW HMUYSE DATE: 11/21/2016 SHEET P2 OF 2