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HomeMy WebLinkAbout20170867 Ver 1_CAMA Application_20170712Coastal Management ENVIRONMENTAL QUALITY July 6, 2017 TO: Karen Higgins 401 & Buffer Permitting Unit DWR/Water Quality Permitting ROY COOPER Govemor MICHAEL S. REGAN Secretary BRA XTON DAVIS Director JUL 7 2 2017 D FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cD-ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Kinder Morgan Project Location: 2005 North 6th Street, adjacent to the Cape Fear River in Wilmington, New Hanover County Proposed Project: to incorporate mechanical agitation dredging to maintain an existing shipping berth within the Cape Fear River 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 July 31, 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: Kinder Morgan North 61' St. Terminal c/o Michael Oktavec 2. LOCATION OF PROJECT SITE: The project is located at 2005 North 61 Street, adjacent to the Cape Fear River, in Wilmington, New Hanover County. Photo Index - 2006: 204-6660: Q -U, 18-21 Latitude: 34°15'36.12"N Longitude: 77°56'48.20"W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 06/16/2017 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received — 03/30/2017 Complete— 06/29/2017 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 (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 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands N/A (B) Non -Vegetated Wetlands (Open water) 80,000 sq. ft. C Other — Hi h ound N/A (D) Total Area Disturbed: 80,000 sq. ft. (E) Primary Nursery Area: Yes (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant is proposing a major modification to State Permit #255-88 to incorporate mechanical agitation dredging to maintain an existing shipping berth within the Cape Fear River. Kinder Morgan North 6' St. Terminal c/o Michael Oktavec Page Two 9. PROJECT DESCRIPTION The project site is located at 2005 North 6th Street, 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 4.1 miles and then merge right on to 133 North towards Burgaw. Continue 0.35 miles and turn left at the stop light on to Castle Hayne Road. Travel 1.1 miles to the intersection of Cornelius Harnett Dr. and McRae St. Continue straight on Cornelius Harnett Dr. for 0.37 miles and turn left on to North 6th Street. Continue down North 61 Street and Kinder Morgan North 61 Street Terminal will be on the end of the road. The project is located on the east bank of the Cape Fear River, just north of the CSX Hilton Drawbridge and is approximately 72.96 acres, ranging approximately 4' to 26' above normal high water (NHW). The property also contains 7,130 linear feet of Estuarine Shoreline. 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 138' in length by 6' in width, which terminates onto a "T -head" platform measuring approximately 50' in length by 28' in width on the north side of the pier, and approximately 50' in length and 30' in width on the south side of the pier. The berthing area contains four mooring dolphins, two to the north of the platform and two to the south of the platform. The existing facility extends approximately 58' into the US Army Corps of Engineers (USACE) Wilmington channel setback. State Permit No. 157-83 was originally issued to Chemserve Terminals, Inc. for the subject property on October 17, 1983 to enlarge the "T" head of the existing commercial pier and to construct mooring and breasting dolphins. The permit was then modified via a major modification on February 20, 1984 to include maintenance excavation for a 900' by 100' by 700' berthing area to -30' at MLW via hydraulic dredge at their terminal site along the Cape Fear River. State Permit No. 157-83 was modified on February 7, 1985, renewed and modified on February 7, 1987, and renewed again on December 18, 1987. State Permit No. 255-88 was issued to Chemserve Terminal on December 16, 1988 authorizing the reconstruction and expansion of the existing pier and four piling mooring. State Permit No. 157-83 and State Permit No. 255-88 were consolidated under one permit, State Permit No. 255-88, via a renewal and minor modification on May 29, 1992. State Permit No. 255-88 was renewed a second time on July 10, 1998, a third time on February 10, 2003, and a fourth time on July 7, 2008. State Permit No. 255-88 was then transferred from Chemserve Terminal to Kinder Morgan Terminals, Inc. on Novermber 20, 2008. A Letter of Refinement was issued on August 7, 2012 for State Permit No. 255-88 for the expansion of the existing pier dock from 4' to 6' in width, and miscellaneous maintenance, replacements, and repairs. State Permit No. 255-88 was renewed on March 4, 2013 and most recently on May 4, 2017. This permit is set to expire on May 30, 2022. Upland vegetation consists of wild grasses and hardwood species located along the fenced upland boundary ofthe site. Existing coastal wetlands on the site includes a border of Smooth Cordgrass (Spartina alterniora), Phragmites, Spike Grass (Distichlis spicata), Saltmeadow Cordgrass (Spartina patens), Scirpus sp., Marsh Elder (Iva frutescens), and Groundsel Tree (Baccharis halimifolia) that is approximately 30 ft. to 1,000 ft. in width and 7,130 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. Kinder Morgan North 6"' St. Terminal c/o Michael Oktavec Page Three PROPOSED PROJECT The applicant is proposing a major modification to State Permit #255-88 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), Colonial Terminals (State Permit No. 106-74), and Petroleum Fuel and Terminal Co. (State Permit No. 119-91): 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 by several Wilmington deep water berths on the Cape Fear River and Savannah Harbor. The proposed sled is a triangular shape and constructed with steel beams (See photograph of sled on Page 2 of April 17, 2017 Additional Information Request Response). The proposed sled would have a 15 to 20 foot base and a 15 to 20 foot height frame. The applicant intends for the sled to be pulled by a tug or work boat using a cable. As stated, the existing berth is approximately 900' in length at the channel by 100' in width by 700' in length at the pier and the footprint would not be expanded beyond what was originally permitted via State Permit No. 255-88. 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 in order 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 Wilmington Harbor deep water berths are currently authorized for agitation dredging using mechanical or hydraulic methods. (See Pages 3-4 of the Environmental Support Document). 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), Colonial Terminals (State Permit No. 106-74), and Petroleum Fuel and Terminal Co. (State Permit No. 119-91), which are located downstream from the project site. State Permit No. 47-87 was issued to the to the NCSPA 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 agitation dredging appeared to have no significant impact on temperature or dissolved oxygen and did not indicate a significant correlation to reduced water quality due to dredging activity. The applicant also references the determination under the Altimar (State Permit No. 46-92) and Hess Corporation (State Permit No. 21-90) permits that agitation dredging may affect or is not likely to adversely affect the Short Nose and Atlantic Sturgeons. Submitted by: Brooks R. Surgan Date: 07/6/2017 Office: Wilmington (CKLAE1A1F-HLL7AEA? Bright People. Right Solutions. May 30, 2017 Brooks R Surgan Field Representative Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Sent via email: Brooks.surgan@ncdenr.gov Project: Kinder Morgan North 6th Street Terminal (KLF #20173302.001A) Re: Response to April 17, 2017Request for Additional Information Dear Mr. Surgan: Kleinfelder is in receipt of the Division of Coastal Management (DCM) request for additional information. We herein provide a response to each of your comments, and a revised full permit application submittal is provided as an enclosure. Each question raised by DCM is reiterated below in bold text, followed by our response in plain text. SUPPLEMENTAL PROJECT INFORMATION Please provide information on the dimensions and apparatus details of the sled as well as the equipment that will be used for the proposed mechanical agitation. Response: The dredge sled will consist of an i -beam sled and will be pulled along the bottom sediments by a tug or similar boat. The approximate dimensions of the triangular sled are a 15-to-20ft base and a 15-to-20ft height. A sample photograph is provided below. 8936 Western Way, Suite 12 Jacksonville, FL 32256 p 1904.538.9171 f 1904.538.9172 20173302.001A ©2017 Kleinfelder RSOSIVED Please include a description of the technique the applicant will use for the proposed mechanical agitation. Response: Dredging will be completed during ebb tides at peak flow times to facilitate dispersion of bottom sediments. The i -beam sled will be pulled along the bottom via cable by a tug or similar vessel to facilitate resuspension of accumulated sediments and allow for restoration of required depths within the basin. Please describe the frequency of sled pulls on an annual basis. Response- Sled pulls will be completed on an as -needed basis to maintain safe operational depths. It is anticipated that sled pulls on semi-annual basis (2 time per year) are sufficient to maintain these depths; however, prior notification will be provided to DCM before any dredge activities commence. The project area resides in the Army Corps federally maintained channel. Please justify the purpose and need for additional dredge activity in this area. Response- The Army Corps federally maintained channel is co -located (overlaps) with the facility's boat basin. Dredge activities are only proposed within the applicant's basin such that they can maintain safe operational depths for vessels entering and exiting the 8936 Western Way, Suite 10 Jacksonville, FL 32256 p 1904.538.9171 f 1904.538.9172 20173302.001A Page 2 May�i���p ©2017 Kleinfelder J,.L'h1!4�xi"21, terminal. Currently, portions of the Army Corps federally maintained channel do not provide the required 32ft of depth. The Army Corp channel immediately downstream, which is used to access the applicant's basin, is 32 feet in depth. A maintenance program funded and managed by the Army Corps is already planned for the area of the federal channel located within and adjacent to the facility. This area is referred to as the 25 -foot project within the greater Wilmington Harbor Improvements Project. The dimensions of the proposed maintenance area exceed that which was originally permitted under State Permit #255-88. State Permit #255-88 was issued December 16, 1988 for the installation of pier and mooring pilings. At the same time, there was an existing State Permit #157-83 for maintenance dredging of a 700'-900' long, 100' wide vessel berth. State Permit # 157-83 was combined with State Permit #255-88 and issued as State Permit #255-88 on May 29,1992. The terminal has been operating under those conditions since the 1992 authorization. This office requests an explanation of the purpose and need for the expansion of the dredge area for the berth to 900' in length and 150' in width. Response: The application has been revised to match the previous State Permits. The dredge area has been reduced to a trapezoidal area measuring 700' long at the berth, 100' in width, and 900' in length in the channel. Explain how downstream water depths at the berth will be maintained during agitation dredging of the shoal. Response: The proposed project will disturb an area of approximately 0.73 acre area of accumulated sediments, and result in the removal of 2,068 cubic yards of material which will be re -suspended into the river during ebb tide. Dredging during the higher velocity periods of ebb tide will increase dispersal rates of suspended sediments resulting in lower turbidity and suspended solids. Sediment entrainment is anticipated to be limited to a maximum distance of 2,000 feet downstream and no greater than 3 meters above the bottom. Bottom sediments within the basin consist primarily of fine silts and dispersal and deposition of these materials downstream as result of the dredge will have a de minimis impact on downstream depths such that no change in the 1 -foot depth contour is anticipated. The proposed project does not differ in concept from recently issued permits for agitation dredging located just downstream of the project area. DCM MP -1 FORM Part (6)(f) -Please include the NC Department of Transportation as an adjacent property owner (not CFPUA). Response: The railroad bridge (Hilton Drawbridge) located immediately to the south of the project area is owned by CSX. The application has been updated to include CSX as the adjacent landowner. Notice will also be provided to NCDOT. 8936 Western Way, Suite 10 Jacksonville, FL 32256 p 904.538.9171 f 1904.538.9172 + �5 A 20173302.001A Page 3 May 30, $QiT_' ©2017 Kleinfelder i 1 ., X11 DCM MP -2 FORM Part (1)(a)- Please clarify the dredge volume calculations for the proposed shoal area. 5,500 cu.yds. is proposed, however the proposed area and depths provided in the application equate to 17,000 cu.yds. Response: Kleinfelder utilized bathymetric data from a hydrographic survey of the surrounding area from the US Army Corps of Engineers dated February 13th, 2017, and surveyed data from Kinder Morgan, dated April 2016, to create an approximate existing conditions surface of the project area. The data sets were incorporated into AutoCAD Civil 3D which allows two surfaces to be combined, or merged, to create one surface. With the merged existing conditions surface in place, Kleinfeder designed the proposed dredge surface (-32ft) from the provided 700' to 900'x 100' basin boundary. After the proposed surface was created, an analysis of the two surfaces was performed to get the proposed volume being removed. Kleinfelder used the volumes dashboard in AutoCAD Civil 3D to calculate the volume of the two surfaces by selecting them for comparison. AutoCAD then analyzed the two surfaces for changes in elevation to generate a cut/fill chart as shown on the provided site plan. As such, the total volume of dredge material is 2,068cy within a 0.73 acre area as shown on the enclosed plan. Part (2)(f)(i)-(ii)- The 44,567 sq.ft. does not correlate with the 900ft x 150ft (135,000 sq.ft.) dredge area proposed in the application. Please clarify the dimensions of the dredge area. Response: The dredge area has been reduced to a trapezoidal area measuring 700' long at the berth, 100' in width, and 900' in length in the channel ADJACENT PROPERTY NOTIFICATIONS Please identify all adjacent riparian landowners and provide original or copies of certified mail receipts indicating the owners have been notified. Response: Notification has been submitted to adjacent riparian land owners. A copy of the notification letters is enclosed. Certified mail receipts will be provided under separate cover. WORKPLAN DRAWINGS Response: The following information has been added to the Site Plans. Site Plan I - Please add the shorelines and total width of water body to the site plan for the NE Cape Fear River 8936 Western Way, Suite 10 Jacksonville, FL 32256 p1904.538.9171 f 1904.538.9172 20173302.001A Page 4 May 30, m 02017 Kleinfelder Site Plan I - Please provide the delineation of the riparian line from the channel to the property line. Site Plan I -Please include NCDOT easements for the adjacent bridge. Site Plan I - Please identify the area to be dredged using hash marks. Site Plan I -Please include the volume and sq.ft. of the dredge area. Site Plan I - Please show the locations of the existing pilings. Site Plan I Please provide drawing to scale. Site Plan I - Please provide the source, date, and datum of the bathymetric data. Please provide 27 copies of all color plans with application. Response: Black and white copies of plan drawings and figures are provided as enclosures, in lieu of color copies. NOTE: If the applicant is proposing to disturb more than 1 acre, they will need a sediment and erosion control permit. Response: The applicant does not propose to disturb more than 1 acre. Should you have any questions regarding the attached application, please contact me at 904-538-9171 or joravetz@kleinfelder.com. Sincerely, Kleinfelder Jonathan Oravetz Project Manager 20173302.001A ©2017 Kleinfelder 8936 Western Way, Suite 10 Jacksonville, FL 32256 p 1904.538.9171 f 1904.538.9172 Page 5 May 30, iiEEIVED =A WILMINGTON, Nt a'a . 6. ADDITIONAL INFORMATION A. Project Narrative The applicant proposes the use of agitation dredging to restore and maintain depths of 32 feet t within the project area. Mechanical agitation dredging will be completed via an I-beam sled pulled along the bottom sediments by a tug boat or similar vessel. The sled shall be pulled along the length of the basin at the substrate line during ebb tides to facilitate resuspension of accumulated sediments and restoration of required depths. The proposed project will disturb an area of approximately 0.73 acres of of accumulated sediments, and result in the removal of 2,068 cyds of material which will be re -suspended into the river during ebb tide. The proposed project does not differ in concept from the following recently issued permits for agitation dredging located just downstream of the project area: • NCSPA (State Permit No. 47-87) • Altamar, Inc (State Permit No. 46-92) • Hess Corporation (State Permit No. 21-90) Proposed agitation dredging will result in short term suspension of accumulated fine sediments; however, impacts related to suspended sediments are likely less than the possibility of product loss from vessel damage resulting from grounding. B. Work Plat (Plan View and Cross -Sectional Drawings) See Attachment A. C. Site Location Map See Attachment A. D. Warranty Deed See Attachment B. •E. Application Fee To be provided to the agency once appropriate fee is confirmed with permitting staff. F. Adjacent Waterfront Landowners 1) Smith Creek Boatyard Inc. 107 Northern BLV Wilmington, NC 28401 2) CSX 500 Water Street, 15th Floor Jacksonville, FL 32202 3) NCDOT 300 Division Rd. Wilmington, 28401 G. List of Previous State and Federal Issued Permits North Carolina Department of Health & Natural Resources and Coastal Resources Commission • New Permit — Permit No. 255-88, issued December 16, 1988 • Renewal excavation - Permit No. 255-88, issued May 29, 1992 • 2nd Renewal — Permit No. 255-88, issued July 10, 1998 • 3rd Renewal — Permit No. 255-88, issued February 10, 2003 • Permit Transfer — Permit No. 255-88, issued November 20, 2008 4t" Renewal - Permit No. 255-88, issued March 4, 2013 Department of the Army Wilmington District • Permit no. 198000291 H. Signed Consultant or Agent Authorization Form See Attachment C. I. Wetland Delineation No work is proposed within wetland areas. All work will be completed within open water environments of the Northeast Cape Fear River. No submerged aquatic vegetation is present within the proposed construction area. J. AEC Hazard Notice Not applicable. K. Statement of Compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10) Not applicable DCM MP -1 nrrucunOr for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Kinder Morgan Project Name (if applicable) North 6t' Street Maintenance Dredge Applicant 1: First Name Michael Ml Last Name Oktavec Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 2005 North 6'h Street PO Box City Wilmington State NC ZIP 28401 Country United States Phone No. 910 - 762 - 8588 ext. 234 FAX No. - Street Address (if different from above) City State ZIP Email michael_oktavec@kindermorgan.com 2. Agent/Contractor Information Business Name Kleinfelder Agent/ Contractor 1: First Name Jonathan MI Last Name Oravetz Agent/ Contractor 2: First Name MI Last Name Mailing Address 8933 Western Way STE 12 PO Box City Jacksonville State FL ZIP 32256 Phone No. 1 904 - 538 - 9171 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email joravetz@kleinfelder.com <Form continues on back> DECEIVED 25:2-808.2808 .. 1-888.4RCOAST ., www.nccoastalinaiaagernRnt,i,H! Form DCM MP -1 (Page 2 of 4) APPLICATION fbr Major Development Permit 3, Project Location County (can be multiple) Street Address State Rd. # New Hanover 2005 North 61 Street n/a Subdivision Name City State Zip n/a Wilmington NC 28401 - Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. R04117, 001, 003, 0000, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Northeast 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 Northeast 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.) --7,130 linear feet 72.96 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) +4-26ft ®NHW or ❑NWL e. Vegetation on tract Taxodium sp., Spartina cynosuroides, Baccharis halimifolia f. Man-made features and uses now on tract Storage Tanks, Chemical Facility, Docking Terminal, Berthing Basin g. Identify and describe the existing land uses adiacent to the proposed project site. Industrial - Cape Fear Public Utility Industrial - Smith Creek Boatyard Inc. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? IND -Heavy Industrial District (Attach zoning compliance certificate, if applicable) ®Yes []No [INA 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? n/a I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No [INA National Register listed or eligible property? <Form continues on next page> WE11fED DCM WILMINGTON, NC a S 2 -3 0 R- 21 9 03 1 333- 4i C MAST „ ,1r,„r;:-_> nsta'r^sn a rr �t,+,>i 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. The faciltiy does not generate waste water. o. Describe existing drinking water supply source. The faciltiy is connected to the City of Wilmington drinking water system. p. Describe existing storm water management or treatment systems. There is no stormwater pond or other management system onsite. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The applicant currently operates a shipping facility at the project location and must retain a basin depth of 32 feet to maintain safe operations for vessels. Natural sediment deposition has reduced berthing depths such that normal safe operations for vessels are precluded. 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. The applicant proposes the use of agitation dredging to restore and maintain depths of 32 feet. Mechanical agitation dredging will be completed via a I-beam sled pulled along the bottom sediments by a tug boat or similar vessel. The I-beam sled shall be pulled along the length of the basin at the substrate line during ebb tides to facilitate resuspension of accumulated sediments and restoration of required depths. d. List all development activities you propose. No activities associated with development will occurr in association with the proposed project. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance of and existing project f. What is the approximate total disturbed land area resulting from the proposed project? 0.73 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ❑No [:INA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Discharge of accumulated river bottom sediments via re -suspension is required to restore and maintain safe operating depths within the facility i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No [INA 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 [INA If yes, attach a mitigation proposal. 031i <Form continues on back> v 252-808-2808 :. 1-888-4RCOAST :: www.nccoastalmanagement.net 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 applkation package to be complete. items (a) — (t) 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 mall. 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 Smith Creek Boatyard Inc Phone No. Address 107 Northern BLV Wilmington, NC 28401 Name CSX Phone No. Address 500 Water Street, 15s' Floor Jacksonville, FL 32202 Name NCDOT Phone No. Address 300 Division Rd. Wilmington, 28401 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. See Section 6 - Additional Information h. Signed consultant or agent authorization form, if applicable. 1. 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 Print Name _Michael Oktav c Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP -2 Excavation and Fill Information EIDCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development- ❑DCM MP -4 Structures Information RECEIVED DCM WILMINGTON, NC 252-808-2808 .. 1-888-4RCOAST .. www.nccoostaimanagement.net Form DCM MP -2 EXCAVATION and FILL (Except for bridges and culverts) NG ;�N k 0 20i! 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. !. EXCAVATION 0 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. riverine silt 2,738 c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), 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: Restore safe operational depths d. High -ground excavation in cubic yards. n/a 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Downstream environment c. (i) Do you claim title to disposal area? ❑Yes ❑No ®NA (ii) If no, attach a letter granting permission from the owner. n/a d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA (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 [INA or other wetlands (WL)? If any boxes are checked, provide the If es, how much water area is affected? number of square feet affected. (a) y ❑CW ❑SAV ❑SB 0.73 acres OWL ®None (ii) Describe the purpose of disposal in these areas: 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmananement.net revised: 12/26/06 Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length 700 to 900 ft. Width 100 ft. Avg. Existing 28.6 ft. NA NA Depth Final Project 32 ft. NA NA Depth !. EXCAVATION 0 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. riverine silt 2,738 c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), 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: Restore safe operational depths d. High -ground excavation in cubic yards. n/a 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Downstream environment c. (i) Do you claim title to disposal area? ❑Yes ❑No ®NA (ii) If no, attach a letter granting permission from the owner. n/a d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA (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 [INA or other wetlands (WL)? If any boxes are checked, provide the If es, how much water area is affected? number of square feet affected. (a) y ❑CW ❑SAV ❑SB 0.73 acres OWL ®None (ii) Describe the purpose of disposal in these areas: 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmananement.net revised: 12/26/06 Form ®CM MP -2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP -4 — Structures) a. i ype or snoreane stanmzauon: 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? DYes ❑No DNA (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? DYes DNo DNA b. (i) Will fill material be placed in coastal wetlandshnarsh (CW). If yes, (d) Amount of material to be placed in the water (iii) Dimensions of fill area (tv) Purpose of fill submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. DCW DSAV DSB DWL []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)? n/a Mechanical agitation dredging will be completed via a sled or (- beam sled pulled along the bottom sediments by a tug boat or similar vessel c. (? Will navigational aids be required as a result of the project? []Yes ®No DNA (ii) If yes, explain what type and how they will be implemented. n/a Date North 6"' Street Facility Maintenance Dredge Project Name d. (i) Will wetlands be crossed in transporting equipment to project site? [_-]Yes ®No DNA (li) If yes, explain steps that will be taken to avoid or minimize environmental impacts. n1a Michael Oktavec Applicant N �g�=ECEIVED Applicad Signature UPAC 252-808-2808 :: 1-888.4RCOAST :: vvww.nccoastalmanagement.net revised: 12/26/06 uooumentratn:*:oonoenwurgomum'vovz.um/*.umu,m^^u`tnvuupponuucumenw-igue'Lonanonmap.mxo Source: Imagery was obtained from ESRI Basemap. ' Project Location,,i ~^. � � ' le Willmin" — � | � ' .' | � - ' ~^ ~, | / 0 1,000 2,000 Feet I inch 2,000 feet ` .' | � - ' ~^ ~, | / 0 1,000 2,000 Feet mghtsvm, � 0 1,000 2,000 Feet I inch 2,000 feet The Informilon included on this graphic representation has been compiled from a verfely of sources and is subject to change wiMout notice. 10emlielder makes no represent.hons or warranties, express or unpried, as to accuracy compiateness timeliness. or rights to the use of such information. This dwument is not intended Lealend thr use as a land survey product nor is it designed or intended as a construction design document The use or misuse of the information contained on this gmphic mpresentabon is at the sde nsk of the party usmg or nususmg the inf-tion. [Z3 Parcel Boundary (-73-acres) PROJECT NO20173302.001A Figure DRAWN: FEB 2017 Project Location RECTIVED Bright People. Right Solutions. CHECKED BY: JO Kinder Morgan Terminal T FILE NAME: 2005 North 6th Street wvvw.kleinfelder.r-om See Document Path Above Wilmington, North Carolina Document Path: GAKinder-Morgan\20173302 001 A- oth St\MXD\Env Support Document\Figure 2 Topographic tilap.mxd Source: USA Topo Map was obtained from ESRI Basemap ,.4 00 ' ♦ M '06 F ...r- >ay.r s.ery • ww ••i• ♦ w � ' w _ ��' M 111 • i t , ` .� tirn►t ! 1 .�:'. � Fir 4b A ILI er 11 �– FIRS . r .* a tee/" j 0. 4 1,000 2,000 I !•� ,. �� :5 a Feet N i -1 inch =.1,000 feetfC • The information included on this graphic representation hes been compiled/roma wak variety of sources and is subject to change without notice. Kleinfelder makes no representations or warranties, express or implied. as to accuracy, completeness.+ • •i �/� * Lege n d timeliness, or rights to the use of such information. This document is not intended for useas a land survey product nor is d designed or intended as a construction t - t design document The use or misuse of the information contained on this graphic F • • . Parcel Boundary (-73-acres) representation is at the sole risk of the party using or misusing the information f �' • t PROJECT NO 20173302.001A Figure DRAWN: FEB 2017 USGS Topographic KL E/NFEL DER DRAWN BY MNAREM,4-qD Vv; ttiR. i JT( (-M,, i CHECKED BY: JO r1C Bright People. Right Solutions. Kinder Morgan TerminaP FILE NAME: 2005 North 6th Street www.kleinfelder.com See Document Path Above Wilmington, North Carolina nnciimpnt Path G ;Kinder-Morgan\20173302.001A- 6th St\MXD\Env Support Document\Figure 3 Soils Map.mxd Source: Soils Database for New Hanover County, North Carolina obtained from the FTP directory/Outbound/Gisdata/shapes/ at ftp.nhehov.com. Baymeade fine sand -1 to 6 percent slopes Urban land Dorovan soils Baymeade fine sand -1 to 6 percent slopes Johnston soils Murville fine sand Leon sand Baymeade fine sand -1 to 6 percent slopes Onslow loamy fine sand Norfolk fine sandy loam -0 to 4 percent slopes Baymeade fine sand -1 to 6 percent slopes low*% Seagate fine sand i o ' t Wrightsboro fine sandy loam -0 to 2 percent slopes Dorovan soils: Urban land Water w 04 Urban land Dorovan soils 41 Urban Land Dorovan soils Dorovan soils ♦��1�� Dorovan soils Dorovan soils ` S Dorovan soils Dorovan soils Urban land Udorthent-Loamy 0 1,000 2,000 kONEENNNImmmoW Feet N 1 inch = 1,000 feet Kenansville fine sand -0 to 3 percent slopes The information included on this graphic representation has been compiled from a variety of sources and is subject to change without notice. Kleinfelder makes no representations or warranties, express or implied, as to accuracy, completeness. erClex-1 t0 8 Urban land COmb- timeliness, or rights to the use of such information. This document is not intended Kurep p Lege n d for use as a land survey product nor is it designed or intended as a construction design document. The use or misuse of the information contained on this graphic representation is at the sole risk of the party using or misusing the information. Parcel Boundary (-73-acres) PROJECT N0.20173302.001A Figure DRAWN: FEB 2017 NRCS Soil Surve RE.CEIV D KLE/NFELL7ER DRAWN BY: MNA ®GYM WILMIN TSN, NC CHECKED BY: JO 3 Bright People. Right Solutions. Kinder Morgan Terminal `._ FILE NAME: 2005 North 6th Street www.kleinfelder.com See Document Path Above Wilmington, North Carolina Document Path: G1Kinder-Nlorgan\2U1 /33U2.UUTA- btn St\Iv1xD\1=nv 5uppon Source: USA Topo Map was obtained from ESRI Basemap. Intertidal Flat 4 Lana use IVlap.mxa Legend Parcel Boundary (-73-acres) Land -Cover Developed - 24.35 acres ® Emergent Marsh - 45.28 acres ® Forested Wetland - 2.27 acres Riparian Scrub Shrub - 1.06 acres Riverine Unconsolidated Bottom - 2.06 acres 0 250 500 M0 Feet N 1 inch = 500 feet The information included on this graphic representation hes been compiled from a vadaty of sources and is subject to change without notice. Kleinfelder makes no representations or warranties, express or impBed, as to accuracy, completeness. tlmal6tass, or rights to the use of such information. This document is not intended Por use as a land survey product nor is it designed or intended as a construction design document. The use or misuse of the information contained on this graphic representation is at the sole risk of the party using or misusing the intormahon. PROJECT N0.20173302.001A Figure DRAWN: FEB 2017 Land Cover aKLHNFEL LEER DRAWN BY: MNA REC�i uVowitNiN 7ONY � Bright People. Right Solutions. CHECKED BY: JO Kinder Morgan Terminal FILE NAME: 2005 North 6th Street www.kleinfelder.com See Document Path Above Wilmington, North Carolina ' j EXISTING CONDITIONS (PLAN VIEW) t 1`i 1310: dI (CY) CHANNEL SETBACK EXISTING—,",EDGE it EXISTING 11tt; PROPOSED BOTTOM BASIN BOUNDARY:, ' ( 1:, (900k700 x100') ( ADJUST BASIN BOUNDARY TO It 7 II CTI EDGE OF CENTERUNE OF CENTERLINE OF BOTTOM ' BASIN BOTTOM EXISTING CONDITIONS (CROSS-SECTION A -A) NOTES: 1. HYDROGRAPHIC SURVEY PROVIDED BY U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT DATED FEBRUARY 13, 2017. 2, ELEVATIONS ARE IN FEET AND REFER TO NOM'S REPORTED MEAN LOWER LOW WATER (MLLW) RELATIVE TO THE /9832007 TIDAL EPOCH. 3. PROJECT SURVEYED WITH DISTRICT SURVEY VESSEL-SANDERSOIT USING RTK GPS HORIZONTAL POSITIONING EQUIPMENT AND 28 KHZ SOUNDING EQUIPMENT. 0, HORIZONTAL DATUM NAD 1983. VERTICAL DATUM M.LL.W 5, TIDE GAGE LOCATED AT 25 FOOT USE OF TIDE VALUES FOR THE GAGE ARE RESTRICTED TO OUAUTY ASSURANCE PURPOSES FOR VERIFICATION OF RTK TIDES. THE WILMINGTON DISTRICT WILL ONLY USE STAFF GAGE TIDAL VALUES FOR FINAL MAPRNG AND QUANTITY CALCULATIONS IF RTK GPS IS UNAVAILABLE AT THE TIME OF SURVEY. 5, THE INFORMATION DEPICTED ON THIS MAP REPRESENTS THE RESULTS OF SURVEYS MADE ON THE DATED INDICATED AND CAN ONLY BE CONSIDERED AS INDICATING THE GENERAL CONDITIONS EXISTING AT THAT TIME. THESE CONDITIONS ARE SUBJECT TO CHANGE DUE TO SHOALING EVENTS. 7. NAVIGATION AIDS LOCATED WITH DISTRICT SURVEY VESSEL. ACCURACY •I- 3 METERS. 1 APPROXIMATE LOCATION OF WILMINGTON TERMINAL EXISTING SHORELINE (APPROXIMATE WIDTH IS 650') PILES (TYP) —EXISTING RIPARIAN APPROXIMATE LOCATION BUFFER OF RAILROAD ROW __ (OBTAINED FROM NC GIS DATABASE) 200 100 0 200 SCALE 1 INCH=200 FEET 0 NAMECUT (CY) CHANNEL SETBACK EXISTING—,",EDGE OF EXISTING r1D CFWNNEL EDGEBASIN BOTTOM EDGE OF / 1j I� Til 1D ADJUST BASIN BOUNDARY TO It 7 II CTI EDGE OF CENTERUNE OF CENTERLINE OF BOTTOM ' BASIN BOTTOM EXISTING GROUND OF PROPOSED BASIN D20 _ / ?ti(n O-30ELEVATION: ----- -Z 30 'E�----— — — — — — — — — — — — — — — — — BASIN BOUNDARY __—______„_ -40 (900'x700'x100') r:( _ -40 2+00 2+18 50 25 D 50 STATION BOTTOM OF PROPOSED BASIN AT 0+00 1+00 2+00 2+18 50 25 0 SO STATION 50 25 0so SCALE. i INCH = 50 FEET SCALE 1 INCH= 50 FEET VERTICAL SCALE HORIZONTAL SCALE PROPOSED CONDITIONS (PLAN VIEW) EXISTING NAMECUT (CY) CHANNEL SETBACK TOTAL (CY) n EXISTING 0 2,068 CHANNEL EDGE OF / 1j I� Til 1D ADJUST BASIN BOUNDARY TO It 7 II 1 CENTERLINE OF BOTTOM ' 11 OF PROPOSED BASIN �u _ (EIF/ATION: 37) ?ti(n O-30ELEVATION: ----- i PROPOSED T 1 1(i BASIN BOUNDARY -40 (900'x700'x100') r:( _ t 2+00 2+18 50 25 D 50 STATION BOTTOM OF PROPOSED BASIN AT 25 D 50 II ELEVATION -32 OR DEEPER o SCALE: 1 INCH = 50 FEET (875WOUx95') �9 HORIZONTAL SCALE 1 It` VOLUME SUMMARY NAMECUT (CY) FILL ICY) TOTAL (CY) PROPOSED 2088 0 2,068 DREDGE BASIN EDGE OF / 1D DREDGED CONTOURS l B II( -PROPOSED DREDGED LIMITS OF DISTURBANCE (0.73 AC & 2,068 CY) I I" PROPOSED CONDITIONS (CROSS-SECTION B -B) APPROXIMATE LOCATION OF WILMINGTON TERMINAL EXISTING SHORELINE (APPROXIMATE WIDTH IS 650') PILES (TYP) RIPARIAN APPROXIMATE LOCATION BUFFER OF RAILROAD ROW --_ _ (OBTAINED FROM NC GIS DATABASE) 2DO 100 0 20D SCALE 1INCH =200 FEET ('K�LhVr-EL DER Bright People. Right Solutions. 3200 Gateway Centre IWO, Sute 100 Monisville, NO 27560 Phone: 919-7555011 vAYw.Meinleloer.com _ INS O !1, L - REVISIONS DEN CHK 0 SaSTING DESCRIPTION DATE 1T1 CHANNEL EDGE EDGE OF / 1D ADJUST BASIN BOUNDARY TO BASIN BOTTOM F11 EDGE OF CENTERLINE OF BOTTOM ' < -2O BASIN BOTTOM OF PROPOSED BASIN 2 _ (EIF/ATION: 37) CENTERLINE OF EXISTING GROUND O-30ELEVATION: ----- _----------�_ Z ------ --------37 -40 0+00 1+00 2+00 2+18 50 25 D 50 STATION 50 25 D 50 SCALE 1 INCH = 50 FEET SCALE: 1 INCH = 50 FEET VERTICAL SCALE HORIZONTAL SCALE ('K�LhVr-EL DER Bright People. Right Solutions. 3200 Gateway Centre IWO, Sute 100 Monisville, NO 27560 Phone: 919-7555011 vAYw.Meinleloer.com _ INS O !1, L - REVISIONS DEN CHK REV DESCRIPTION DATE OWN APP ADJUST BASIN BOUNDARY TO MDI JO 1 900x100, ADD SURROUNDING 5/15/2017 GIS DATA, & PLAN SIZE 11x17 2 ADJUST BASIN BOUNDARY TO 900'x700'x100' TRAPEZOID MDI JO 827/2017 SCALE VERIFICATION THIS BAR IS 1 INCH IN LENGTH ON ORIGINAL DRAWING N 0 1 I IF IT'S NOT 1 INCH ON THIS SHEET ADJUST YOUR SCALES ACCORDINGLY ORIGINAL DRAWING SIZE IS 11 x 17 SITE PLAN WILMINGTON TERMINAL DREDGE KINDER MORGAN NORTH 6TH STREET WILMINGTON, NORTH CAROLINA (INDEORG KINDER MORGAN TERMINALS, INC. 500 DALLAS, SUITE 1000 HOUSTON, TX 77002 PERMITTING PROJECT NO. 20173302.001A ISSUE DATE 06-27-2017 CURRENT REVISION 2 DESIGNED BY MDI DRAWN BY MDI CHECKED BY CGO APPROVED BY JO SHEET