20160517 Ver 2_Approval Letter_July12_2017

r
Water Resources
ENVIRONMENTAL QUALITY
July 12, 2017
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
New Hanover County
DWR Project: 16-0517v2
North Carolina State Ports Authority
Attention: Mr. Paul J. Cozza
P.O. Box 9002
Wilmington NC 28402
Subject Property: Port of Wilmington Water Injection Dredging
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Cozza,
You have our approval, in accordance with the attached conditions and those listed below,
to perform maintenance dredging to at Berths 1 through 9 and the turning basin using Water
Injection Dredging (WID) as described within your application received by the Division on
May 25, 2017. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number 4097 (GC 4097).
You should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 Permit. This Certification can also be
found on line at: htt ://portal.ncdenr.org/web /wg /swp lws/401 /certsandpermits.
This approval is for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this Certification
and approval letter and is thereby responsible for complying with all conditions. If total fills
for this project (now or in the future) exceed one acre of wetland or 15.0 linear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This
approval requires you to follow the conditions listed in the attached certification and
any additional conditions listed below.
Nothing Compares ..
State of North Carolina I Environmental Quality i Water Resource's
51.2 N. Salisbury Street ; 161.1 Mail Service Cemter Raleigh, NC 27699-161:i
919.707.9000

Port Of Wilmington W1D Maintenance Dredging
New Hanover County
2016-0517v2
Page 2 of 5
The ,additional Conditions of the Certification are:
1. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If
you
change your project, you must notify the Division and you maybe required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must
be given a copy of this approval letter and General Certification and is responsible for
complying with all conditions. Any new owner must notify the Division and request the
Certification be issued in their name {15A NCAC 02H.0501 and .05021.
2. Any final construction plans for this project must include or reference the application
and plans approved by the Division under this authorization letter and certification.
The applicant will also be required to evaluate all acquired permits to assure that they
are consistent and all relative impacts are accounted for and shown on the construction
plans. [15A NCAC 02H.0502 (b) and 15A NCAC 02H .0506- (4)] The applicant shall
require his contractors (and/or agents) to comply with all of the terms of this
Certification, and shall provide each of its contractors (and/or agents) a copy of this
Certification.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B.0220. Appropriate sediment and erosion
control practices must be used to meet this standard. Turbidity curtains shall be
used as appropriate. Please notify this Office if any turbidity issues arise at
910.796.7215
4. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of
the Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration of this Certification.
5. The permittee shall require its contractors and/or agents to comply with the terms
of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or
maintenance of this project a copy of this certification. A copy of this certification
including all conditions shall be available at the project site during the construction
and maintenance of this project. [15A NCAC 02H.0507 (c) and 15A NCAC 02H .0506
(b)(2) and (c)(2)]
Nothing Compares.. --L,

Port Of Wilmington WID Maintenance Dredging
New Hanover County
2016-0517v2
Page 3 of 5
6. Continuing Compliance:
The applicant/permittee and their authorized agents shall conduct all activities in a
manner consistent with State water quality standards (including any requirements
resulting from compliance with 303 (d) of the Clean Water Act), and any other
appropriate requirements of State and Federal law. If the Division determines that
such standards or laws are not being met, including failure to sustain a designated
or achieved use, or that State or Federal law is being violated, or that further
conditions are necessary to assure compliance, than the Division may reevaluate
and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)]
7. All mechanized equipment operated near surface waters or wetlands will be
regularly inspected and maintained to prevent contamination of waters and
wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals.
In the event of a hydrocarbon or chemical spill, the permittee/contractor shall
immediately contact the Division of Water Quality, between the hours of 8 am to 5
pm at the Wilmington Regional Office at 910.796.7215 and after hours and on
weekends call [phone]. Management of such spills shall comply with
provisions of the North Carolina Oil Pollution and Hazardous Substances Control
Act. [15ANCAC 02H.0506 (b)(3) and (c)(3),15ANCAC 0213.02-00 (3)(0, and GS
143 Article 21A].
8. Fueling, lubrication and general equipment maintenance should not take place within
50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A
NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(0].
9. This certification grants permission to the director, an authorized representative of
the Director, or DEQ staff, upon the presentation of proper credentials, to enter the
property during normal business hours 15A NCAC 02H.0502(e).
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant and/or
authorized agent is required to return a completed certificate of completion form to
the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources,
1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion.
The certification of completion is available at:
htt : /portal.ncdenr.org/web lwq /swp ws 401 /certsandpermits /applyIforms).
Nothing Compares�,

Port Of Wilmington WID Maintenance Dredging
New Hanover County
2016-0517v2
Page 4of5
Violations of any condition herein set forth may result in revocation of this
Certification and may result in criminal and/or civil penalties. The authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the 404
or CAMA Permit.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B
by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH). A petition form maybe obtained from the OAH at
http://www.ncoah.com.� or by calling the OAH Clerk's Office at (919) 43 1-3 000 for
information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:00 am and 5:00 pm, excluding official state holidays).
The petition maybe faxed to the OAH at [phone], provided the original and one
copy of the petition along with any applicable OAH filing fee is received by the OAH within
five (5) business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc);
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
%`Nothing Compares.._

Port Of Wilmington WID Maintenance Dredging
New Hanover County
2016-0517v2
Page 5of5
V
This letter completes the review of the Division of Water Resources under Section 401 of
the Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR
Wilmington Regional Office at [phone] or [e-mail].
Sincerely,
Q{`c'
Jim Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC4097
cc: Robert Dial — Dial Cordy & Associates, Inc., 201 North Front Street, Suite 307, Wilmington,
NC 28401
Tyler Crumbley - USACE Wilmington Regulatory Field Office
Heather Coats — DCM WiRO
WiRO/LF
Nothing Compares.

DWR Project No,-
Applicant,
o;Applicant:
ROY COOPER
Governor
MICHAEL S. R.EGAN
Secretory
S. SAY ZIMMERMAN
Director
Project Name:
401 Water Quality Certification issued Date:
County:
Certificate of CompDetoon
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate tothe DWR
401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Qua lity'Certifi-cation and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professionol
as a duly registered Professional (i.e.,
Engineer, Landscape Architect, -Surveyor, etc.) in the State of North Carolina, having been authorized to
observe
(periodically, weekly, full time) the construction of the project, for the Permitee hereby state that)
to the best of my abilities, due care and diligence was used in the observation of the construction such
that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date:
Nothing Compares_,_^_.
State of North Carolina I Environa11(ntaf Q.uahty \,V atc:r Resources
512 N. Salisbury Street- I Raleigh. NC, -27,61) 9-- [6[1

Coastal Management
ENVIRONMENTAL ('QUALITY
May 23, 2017
TO:
_Cl"Lc_�
401 Wetlands
DWR-WiRO
RECEIVEMCDENOWR
MAY 2 5 2017
Water Quality Regional
Operations Section
Wilmington Regional Of it -e
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats@ncdenr..gov
Fax: [phone] !(Courier 04-16-33
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: N. C. State Port Authority
Project Location: Berths 1- 9 within the Port of Wilmington Turning Basin, at 1 Shipyard Blvd.,
adjacent to the Cape Fear River, in Wilmington, New Hanover County
Proposed Project: to maintain water depths by Water Injection Dredging (WID)
_ _Please indicate belowyouragency's position or viewpoint on the proposed project and
return this form to Heather Coats iat the address above by June 18, 2017. If you have any
questions regarding the proposed project, contact Brooks Surgan at [phone] when appropriate
in-depth comments with supporting data is requested.
q4 I tvo c, ,-K; h�^ -?//
.all-? cc C
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 )1--*- CDATED C-) :I 77,C/
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215