20052010 Ver 1_DCM Permit_20090716

Permit Class `t?S ~ ?O 1 O L1JgJV?R.tX fl 5
'T'RANSFER
Permit Number
172-05
MODIFICATION/NHNOR STATE OF NORTH CAROLINA
Department of Environment and Natural Resources ,; j?,.?
and
Coastal Resources Commission / fv
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,Permit WWETL4TF-R 1.
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X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to VOPAK Terminal Wilmington Inc., 3340 River Road, Wilmington, NC 28412
Authorizing development in New Hanover County at a di to the Cnr,P Fear River, nt 3340 River Road, in
Wilmington, NC, as requested in the permittee's application dated 1/21/05 (MP-1 & MP-2), inc. the att. work plan drwas. (6)
dtd. 1/6/05 (SKI-SK4), 10/26/05 (Plate 1-1 & 2-1) & COE app. wetlands map sign. dtd. 9/21/05, and i dated May 2009
This permit, issued on July 15, 2009 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Excavai ion
1) In order to protect juvenile fish and shrimp populations, no excavation or filling may take place
between April 1 and September 30 of any year without prior approval from the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
2) Excavation shall not exceed -41 feet below the elevation of normal low water (NLW). In no case
shall the depth of excavation exceed the depth of connecting waters.
(See attached sheets for Additional Conditions)
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
v
Jame Gregson, Director
Division of Coastal Management
Any maintenance work or project modification not covered
hereunder requires further Division approval.
This permit and its conditions are hereby accepted.
All work must cease when the permit expires on
December 31, 2013
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee
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7 VOPAK Terminal Wilmington Inc. Permit #172-05
Page 2 of 4 }
ADDITIONAL CONDITIONS
Y
3) No excavation shall take place at any time outside of the area indicated on the attached workplan x
drawings.
Spoil Disposal
4) All excavated materials shall be confined landward of the Normal High Water (NHW) elevation contour
within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated
wetlands or surrounding waters.
5) The terminal end of the pipeline from the dredge area into the diked retention area shall be positioned at
or greater than 50 feet from any part of the dike and a maximum distance from spillways to prevent dike
erosion and to allow adequate settlement of suspended solids.
6) A water control structure shall be installed at the intake end of the effluent pipe leading from the
retention area in order to ensure maximum settlement of suspended solids.
7) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond
the Normal Low Water (NLW) level to prevent gully erosion and unnecessary siltation.
Maintenance Clause
8) The Division of Coastal Management shall 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 plans(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.
Endangered Species Protection
9) The federally endangered West Indian manatee (Trichechus manatus), has been reported in North
Carolina waters. In order to protect the manatee, all work should be done between November 1 and
May 31. If work must be done outside of this time frame, the permittee shall adhere to enclosed
guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West
Indian Manatee in North Carolina".
VOPAK Terminal Wilmington Inc.
ADDITIONAL CONDITIONS
General
Permit #172-05
Page 3 of 4
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10) The permittee understands and agrees that, if future operations by the United States require the removal,
relocation, or other alterations, of the structure or work herein authorized, or if, in the opinion of the
Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters, the permittee will be required, upon due
notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions
caused thereby, without expense to the United States or the State of north Carolina. No claim shall be
made against the United States or the State of North Carolina on account of any such removal or
alteration.
11) No vegetated wetlands shall be excavated and/or filled.
11) The temporary placement, or double handling of excavated or fill materials within waters or vegetated
wetlands, is not authorized.
12) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
13) No attempt shall be made by the permittee to prevent the fill and free use by the public of all navigable
waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the
public's right to free navigation on all navigable waters of the United States.
14) The Division of Water Quality's approval of this project is covered under Water Quality
Certification#3400, DWQ Project# 05-2010, which was approved on November 29, 2005.
15) The permittee shall comply with the attached list of United States Coast Guard Regulations.
16) Unless specifically altered herein, this minor modification authorizes the reconstruction/relocation of the
four concrete capped dolphins all as expressly and specifically set forth in the attached work plan
drawings dated May 2009. No other additional structures, whether floating or stationary, shall become a
permanent part of this docking facility without permit modification. No non-water dependent uses of
structures shall be conducted on, in or over public trust waters without permit modification.
17) All conditions and stipulations of the active permit remain in force under this minor modification unless
specifically altered herein.
VOPAK Terminal Wilmington Inc. Permit #172-05
_r Page 4 of 4
ADDITIONAL CONDITIONS
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: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200600108.
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. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.