20130963 Ver 3_DCM Permit_20180822

Strickland, Bev
From: Day, Susan
Sent: Wednesday, August 22, 2018 12:23 PM
To: Dunn, Maria T.; Scott, Georgette; Mairs, Robb L; Higgins, Karen; Walton, Tim; Moser,
Mike; Jenkins, Shannon; Gupton, Sharon; Harris, David B; Staples, Shane; Cox, Heidi;
DCR - Environmental -Review; Styron, Heather M.; walton, todd
Subject: NC State Ports Authority / Permit #51-87MM
Attachments: NC State Ports Authority Permit.pdf
For your records, please find attached a copy of the modified Major Permit #51-87 that was issued to NC Ports
Authority.
Thanks and have a great day.
Swam S. lea*
Office Manager
Division of Coastal Management
Department of Environmental Quality
400 Commerce Ave
Moirelhead Clity, NC 28557
252 808 2808 Ext. 206 office
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Permit Class
MODIFICATION/MAJOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
51-87
Issued to NC State Ports Authority, PO Box 9002, Wilmington, NC 28402
Authorizing development in Carteret County at Newport River and Bogue Sound at
Morehead City Terminal as requested in the permittee's application dated 5/15/17, including the
attached narrative dated May 2017 and Received DCM-MHD City 5/19/17.
This permit, issued on August 21, 2018 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these
terms may oe suoject to tines, imprisonment or civil action; or may cause the permit to be null and void.
Aeitation and Water Iniection Dredgine
1) Unless specifically altered herein, this Major Modification authorizes the change in methodology to
allow for agitation and water injection dredging to the previously authorized excavation depths, as
detailed in the attached narrative. This Major Modification does not authorize an increase in any
previously authorized dredge footprint. In no case shall the depth of dredging activity exceed the
depth of connecting waters.
2) The temporary placement or double handling of fill materials within waters or vegetated wetlands is
not authorized.
3) Agitation or water injection dredging shall only be conducted during outgoing/falling tides.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2020
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
_ r/ ,u9
Braxt lt. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

NC State Ports Authority
ADDITIONAL CONDITIONS
Permit No. 51-87
Page 2 of 6
NOTE: The permittee is further encouraged to time water injection dredging during periods of spring
high tides to maximize velocity of water movement during operations.
NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at [phone], ext. 108
to discuss operations and appropriate lighting, markers, etc. for all dredge equipment.
Maintenance Clause
4) The Division of Coastal Management will be notified in writing at least two (2) weeks in advance of any
maintenance work authorized by this permit and that notification include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained and
the area to be used for dredge spoil, and the estimated amount of material to be removed.
D. The date of plan revision and the permittee's signature shown anew on the original plan.
E. Method of proposed dredging.
US Army Corps of Engineers Conditions- General
5) Except as authorized by this permit or any USACE approved modification to this permit, no excavation,
fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance
of this project, within waters or wetlands. This permit does not authorize temporary placement or
double handling of excavated or fill material within waters or wetlands outside the permitted area. This
prohibition applies to all borrow and fill activities connected with this project.
6) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before
completion of the work will, without expense to the United States and in such time and manner as the
Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -
project condition.
US Army Corps of Engineers Conditions -Navigation
7) The authorized activity must not interfere with the public's right to free navigation on all navigable
waters of the United States. No attempt will be made by the permittee to prevent the full and free use by
the public of all navigable waters at or adjacent to the authorized work for reason other than safety.

NC State Ports Authority
ADDITIONAL CONDITIONS
Permit No. 51-87
Page 3 of 6
8) The permittee shall assign a permanent maintenance dredging point of contact (POC) for the authorized
berth facility (i.e., Berth POC) and shall submit the name, phone number, mailing address, and email
address of the Berth POC to USACE within 30 days of the date of permit issuance. The permittee shall
notify USACE of any change in the Berth POC. USACE Navigation and Regulatory POCs are listed
below. The preferred method of information exchange, dredging request, report submissions, etc., is
electronic.
U.S. Army Corps of Engineers
Operations Division, Navigation Branch
Attention: Chief of Navigation
69 Darlington Avenue
Wilmington, North Carolina 28403
[phone]
Roger.D.Bullockgusace.armv.mil
U.S. Army Corps of Engineers (USACE)
Operations Division, Navigation Branch
Attention: Chief of Geospatial Services
69 Darlington Avenue
Wilmington, North Carolina 28403
[phone]
James.T.Hortongusace.annymil
U.S. Army Corps of Engineers
Regulatory Division,
Attention: Liz Hair
69 Darlington Avenue
Wilmington, North Carolina 28403
[phone]
sarah.e.hair&usace.armv.mil
9) The permittee is only authorized to use agitation dredging in the identified berth/slip for the removal of
accumulated sediments to maintain the facility at its authorized depth by dragging an I-beam or other
similar device for the purpose of re -suspending accumulated sediment.
10) At least 7 days in advance of a planned maintenance dredging event, the permittee shall provide the
Navigation POC with copies of the before dredging surveys/maps of the berth/slip and adjacent Federal
channel(s) in order to obtain Corps approval. The permittee will be informed whether the proposed
dredging can be conducted as scheduled and that proposed dredging events may be subject to
postponement or modification. The permittee shall be responsible for resolving scheduling conflicts.

NC State'Ports Authority
ADDITIONAL CONDITIONS
Permit No. 51-87
Page 4 of 6
11) The following harbor conditions will be considered by the Navigation POC when scheduling a dredging
event, and may result in event postponement and/or modification:
a. An approved or ongoing dredging event is within 3000' upstream or downstream of a berth where an
agitation dredging event is proposed.
b. Agitation dredging in any berth that is located within 2000' upstream or downstream of a shoal in
the Federal channel.
c. Ongoing or scheduled dredging in the Federal channel within 5000' upstream or downstream of a
berth where an agitation dredging event is proposed.
12) The permittee shall perform required hydrographic surveys in accordance with criteria and procedures
contained in the "US Army Corps of Engineers Hydrographic Surveying Manual," EM 1110-2-1003.
Required hydrographic surveys shall be provided to Navigation POC as plan views and shall include the
shoreline and berthing facilities, stationed to match the USACE conducted surveys.
13) The permittee shall conduct a hydrographic survey of the berth/slip no more than 15 days before and no
more than 7 days after each maintenance dredging event. An event includes all maintenance dredging
work performed during one or more ebb tides, in the accomplishment of one maintenance dredging
cycle. In instances where a post dredging survey is not performed within 7 days of completing the
dredging event, the permittee shall calculate the volume of material dredged by using the pre -event
survey and the authorized berth depth (i.e., USACE will assume that the berth was dredged to it
authorized depth). At least 24 hours prior to conducting the before and after dredging hydrographic
surveys, the permittee will notify the Navigation POC of the scheduled survey, in the event USACE
would also like to run a comparable survey at the same time.
14) The permittee shall also conduct a hydrographic survey of the Federal channel before and after every
agitation event of a slip. Channel surveys shall be performed no more than 15 days before and within 7
days of completing the dredging event. Surveys are required of the Federal channel for a distance of
approximately 2000' downstream and 1000' upstream of the point where dredging occurred. The
permittee is required to survey the entire width of the Federal channel.
15) Reporting. Within 20 days of the completion of an approved dredging event, the permittee shall submit
the following minimum information to the USACE Regulatory and Navigation POC:
a. Berth location and authorized depth
b. Dredging begin and end date(s) and time(s)
c. Calculated volume of material removed from berthing facility/slip(s)
d. Copies of both pre and post dredging hydrographic survey sounding data (XYZ) and map of the
berth/slip(s) in DWG, DGN or PDF format.
e. Copies of both pre and post dredging hydrographic survey sounding data (XYZ) and map of the
adjacent Federal channel(s) in DWG, DGN, or PDF format.

NC State'Ports Authority
ADDITIONAL CONDITIONS
Permit No. 51-87
Page 5 of 6
16) To obtain approval from the Navigation POC to conduct a maintenance dredging event, the permittee
must be in compliance with all permit conditions including the reporting requirements listed in Special
Condition 17. Failure by the permittee to maintain accurate maintenance dredging documentation, and
to submit accurate and timely dredging information will result in disapproval by the Navigation POC of
a request to conduct a maintenance dredging event. If the permittee is found to be non-compliant with
reporting requirements, the Navigation POC will not grant approval for a requested maintenance
dredging until after the permittee has posted delinquent reporting requirements and is found to be
compliant with all permit conditions.
17) As determined by the District Engineer, any accumulated sediment in the federal channel caused by the
agitation dredging activities shall be removed by the permittee if the accumulated sediments are
determined to interfere with navigation.
US Army Corps of Engineers Conditions- EFH Conditions
18) Agitation dredging shall not be allowed within a berth when agitation dredging is concurrently ongoing
within another berth that is less than 5,000 feet away.
19) All requests for agitation dredging outside the period October 1 to January 31 shall be coordinated with
NMFS and shall include an explanation as to why the dredging could not be conducted within the
sturgeon and anadromous fish work windows (October 1 to January 31), and shall provide additional
measures that will be taken to ensure impacts to fishery resources are minimal.
20) All proposed activities will only occur on falling tides to maximize rapid flushing of the fluidized
sediment.
US Army Corps of Engineers Conditions -ESA Conditions
21) All in -water work must be conducted outside the Atlantic and Shortnose sturgeon moratoria dates from
February 1 to July 30.
22) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements therein. The guidelines can be found at https://www.fws.gov/nc-es/mammal/manatee.html
General
23) Any request for relief from the moratoria referenced in Condition Nos. 19 and 21 shall be coordinated
with, and receive approval from the Division of Coastal Management prior to the initiation of the
dredging event.
24) Unless specifically altered herein, any mitigative measures or environmental commitments specifically
made by the applicant in the narrative for this project shall be implemented, regardless of whether or not
such commitments are addressed by individual conditions of this permit.

NC State Ports Authority
ADDITIONAL CONDITIONS
Permit No. 51-87
Page 6 of 6
25) This Major Modification shall be attached to the original of Permit No.51-87, which was issued on
2/27/87, as well as all subsequent modifications, renewals and refinements, and copies of all documents
shall be readily available on site when a Division representative inspects the project for compliance.
26) All conditions and stipulations of the active permit remain in force under this Major Modification unless
specifically altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: A major modification application processing fee of $475 was received by DCM for this project.
This fee also satisfied the Section 401 application processing fee requirements of the Division of
Water Resources.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination.
NOTE: The U.S. Army Corps of Engineers assigned the proposed project Action ID No. SAW -2017-
01680, and was issued on 8/13/18.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR-
2013-0963 V3.