Loading...
HomeMy WebLinkAbout20052010 Ver 1_Complete File_20050113OF W ATFR Michael F. Easley, Governor .11 Q William G. Ross Jr., Secretary G North Carolina Department of Environment and Natural Resources Xn7 Alan W. Klimek P.E., Director p :s?.- =--•? Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality November 29, 2005 Greg Ferrone Exxon Mobil Chenucal Co. 13501 Katy Freeway Houston, TX 77079 SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions Exxon Mobil Chemical Co. South Wilmington Terminal DWQ Project # 05-2010 New Hanover County Dear Mr. Ferrone: You have our approval, in accordance with the attached conditions (WQC # 3400) to conduct the following activity located on your property at 3340 River Road adjacent to the Cape Fear River in Wilmington, in New Hanover County. This approval allows you to: 1. Maintenance dredge 900 feet X 60 feet (54,000 sq ft or 1.24 ac) of open water to a -41 feet MLW. 2, Place the dredged material on a Corps approved spoil island (Eagle Island). This approval is only valid for the purpose and design that you described in your Express CAMA Major application received by the Division of Water Quality (DWQ) Wilmington regional Office (WiRO) on October 31, 2005 and the 401 Express application received by DWQ on November 22, 2005. After reviewing your application, we have determined that General Water Quality Certification Number 3400 covers this activity. This Certification can also be found on line at: http://112o.enr.state.nc.us/ncwetiands/certs.litnit. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations, NPDES and Coastal Stormwater. In addition, this approval will expire when the accompanying CAMA Pernut expires unless otherwise specified in the General Certification. Please be aware that if you change or modify your project, you must notify the Division (DWQ) in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below and on the following page: 1. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notice Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 796-7215 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-774 One N rthCarolina An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper o Awimally Page Two Greg Ferrone Exxon Mobil Chemical Co. DWQ Project # 05-2010 November 29, 2005 2. Exxon Mobil Chemical Co. and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. Exxon Mobil Chemical Co. shall require its 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. A copy of this Certification shall be included in the construction contract and available on the job site at all times. If DWQ determines that such standards or laws are not being met (including the 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, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWQ shall notify Exxon Mobil Chemical Co. and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Exxon Mobil Chemical Co. in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 3. Measures shall be taken to prevent live concrete from coming into contact with waters of the state until the concrete has hardened. 4. 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 the attached certificate of completion to this office and a copy to the 4010versight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. Please read the conditions associated with General Certification # 3400 (enclosed) and if you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the DWQ Permit 05-2010 under Section 401 of the Clean Water Act. If you have any questions, please telephone Joanne Steenhuis or Ed Beck at 910-796-7215. Sincerely,' n Alan W. Klimek, P.E., Director DEC G - Division of Water Quality QENii • VWATElt UUALITY Enclosures: GC # 3400 VVETLM03 N40 5T4wdWAI'M GiilJl?I1 Certificate of Completion r -M cc: Corps of Engineers Wilmington Field Office - Henry Wicker ?+ DCM WiRO - Jason Dail DCM Morehead - Doug Hugett 1 S `? k 1".1 McKim & Creed - Bill Egan ? '' Jrl tJ'? i? #.{ I E?ty 401 Oversight/Express Review Permitting Unit - Ian McMillan WiRO I$- United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 e??ad?? November 29,20%g)::11 06 SEC 6 2 Mr. Henry Wicker VlA1Et,_ LXV V U. S. Army Corps of Engineers =1LA+cs 1aSZ0+v't?tk?KERN Wilmington Regulatory Field Office P. O. Box 1890 Wilmington, North Carolina 28402-1890 Subject: Action ID # 200600108; Exxon Mobile Chemical Corporation, Maintenance Dredging in Cape Fear River, New Hanover County, NC Dear Mr. Wicker: This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public Notice (PN), dated November 4, 2005. The applicant, Exxon Mobile Chemical Corporation, has applied for a Department of the Army (DA) permit to perform maintenance dredging for berthing facilities adjacent to the Cape Fear River. The proposed work is being considered under Regional General Permit #198000291, a permit/processing agreement for work that has been approved pursuant to the North Carolina Coastal Area Management Act (LAMA). These comments are submitted in accordance with the Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Comments related to the FWCA are to be used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) in relation to the protection of fish and wildlife resources. Additional comments are provided regarding the District Engineer's determination of project impacts pursuant to section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). Project Area, Proposed Activities, and Anticipated Impacts The project area, proposed work, and anticipated impacts area discussed in the Field Investigation Report (FIR), dated October 25, 2005, of the North Carolina Division of Coastal Management (NCDCM). The project area is a 58-acre site, south of Wilmington and adjacent to the Cape Fear River. The FIR notes that an initial major dredge permit was issued to the applicant in the late 1970s. That permit authorized dredging in the area surrounding the shipping berth and barge berth. The original dredging activities and disposal areas are the same as the current request for maintenance work. The Cape Fear Shipping Channel in the project area has been historically maintained at a depth of 38-44 feet by the Corps. The Cape Fear River in the project area is classified as SC waters by the North Carolina Division of Water Quality. The area is designated Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries. 2 The applicant proposes to dredge an area of approximately 900 feet by 60 feet. The work would remove approximately 8,700 cubic yards of bottom sediment. While previous dredging sought to maintain a depth of 37 feet (plus two feet of over depth), the applicant now seek to establish a depth of 41 feet. The FIR states that the Wilmington Corps District is scheduled to dredge the federal navigation channel in December 2005. The dredging company and the Corps have agreed to extent this dredging to include the applicant's facility. The excavated material would be removed by hydraulic dredge to Eagle Island for disposal. The FIR states that 54,000 square feet (ft), or 1.24 acres, of previously dredged bottoms would be "disturbed." Minor increases in turbidity would occur during dredging. Federally Protected Species The Service has reviewed available information on federally-threatened or endangered species known to occur in New Hanover County. We have also reviewed information from the North Carolina Natural Heritage Program (NCNHP) database which contains excellent data on the special status species, both federal and state. This database can be accessed by topographic quadrangle (quad) of the U. S. Geological Survey (USGS). Data from USGS quads provide the most project-specific information on species which should be considered in permitting this project. The project area is located in the Wilmington quad. Occurrence data of special status species within these quads can be obtained on the internet at < littp://www.ncnhp.ora/Pages/lieritagedata.litnil >. Our review indicates that the only listed species under our jurisdiction which as been reported from the project area is the federally endangered West Indian manatee (Trichechus ntanatus). This species moves along the Atlantic Coast during summer months and occurs as a seasonal transient in North Carolina, primarily from June through October. The species moves extensively when in North Carolina waters and past occurrence records cannot be used to precisely determine the likelihood that it will be presence at a particular construction site. Manatees are not likely to be in the project area during December, the period proposed for the dredging. If the work was performed during the period from December through May, the Service would concur with a determination by the District Engineer that the action is not likely to adversely affect species designated as threatened, endangered, or their designated critical habitat. The Corps' requirements of section 7 of the Endangered Species Act would be fulfilled. However, the Corps must reconsider its obligations under section 7 of the ESA if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner which was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. Service Concerns and Recommendations The Service recognizes the dredging history of the current site and the disturbed nature of the estuarine bottoms. The Service supports the five permit conditions recommended by the NCDCM, especially the prohibition on dredging during the period from April 1 through September 30. This seasonal restriction would provide some protection for manatees that may occur in the Cape Fear River. If the work is done during December 2005 or within the window recommended by the NCDCM, the Service does not believe the activities described in the PN and FIR would have significant adverse and/or irreversible effects on fish and wildlife resources. Therefore, the Service has no objection, from the standpoint of fish and wildlife under our jurisdiction, to the issuance of a DA permit for the proposed activities. The Service appreciates the opportunity to comment on this PN. If you have questions regarding these comments or wish to discuss the development of the coordinated federal position, please contact Howard Hall at 919-856-4520, ext. 27 or by e-mail at < howard_hall@fws.gov >. Please provide this office with a copy of the coordinated federal position, if one is developed. Si Peter gdniamin Ecological Services Supervisor cc: Ron Sechler, NOAA Fisheries, Beaufort, NC Steve Everhart, NC Wildlife Resources Commission, Wilmington, NC Jim Gregson, NC Division of Coastal Management, Wilmington City, NC John Dorney, NC Division of Water Quality, Raleigh, NC OF VJATFR Michael F. Easley, Governor P William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r_ Alan W. Klimek P.E., Director O ss; ?' ; - c Division of Water Quality V Coleen H. Sullins, Deputy Director Division of Water Quality November 21, 2005 ((?? M CERTIFIED MAIL: 7004 2890 0002 34181050 LSkg `' RETURN RECEIPT REQUESTED NOV 2 3 2005 Greg Ferrone QUAUTY TER D Exxon Mobil Chemical Co. DS >„'ENJIDS N@ AtdD STOitlF,rYATERYJQER S M" 13501 Katy Freeway Houston, TX 77079 SUBJECT: PROJECT ON HOLD FOR ADDITIONAL INFORi\IATION South Wilmington Terminal DWQ Project # 05-2010 New Hanover County Dear Mr. Ferrone: This Office has reviewed your CAMA Express permit application and is placing your project on hold until we receive the following additional information: 1. The CANIA Express application should have a concurrent 401 certification application being processed. The CAMA and 404 permits will not be valid without a 401 certification. (I talked with Bill Egan of McKim & Creed and they will be applying for the 401 certification through the Express process as soon as possible.) Please respond within five days of the date of this letter by sending Seven (7) copies of the completed application with a check for 51000.00 made out to the Division Of Water Quality to Joanne Steenhuis NCDENR - Division of Water Quality, 127 Cardinal Drive Extension Wilmington, NC 28405. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. If you have any questions, please feel free to call me at (910) 796-7215. Sincerely, - /'Joanne Steenhuis / Environmental Specialist III cc: Bill Egan - McKim & Creed '.__Cyndi-Karoly 401 Oversight Henry Wicker - Corps of Engineers Wilmington Jason Dail - CAMA WiRO N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 796-7215 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-774 One N rthC 1' An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper 0 aro Ina A Z? NCDENR Ncrih Carolina Department of Environment and Natural Resources Division of Coastal Management r.'icnael F e3s?ey Governor Charles S. Jones, Director ??,''lI , G Rcss Jr Secretary October 31, 2005 g 0, MEMORANDUM: as U V f3 -7Zn05 NOV TO: Cyndi Karoly, Supervisor [)rwt='rl(?J ft,Ilk pxJ H .0 q 401 Oversight and Express Permits Unit E hall' dV 1 Division of Water Quality-Surface Water Protection FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA & Dredge and Fill Permit Application Review Applicant: Exxon Mobile Chemical Co., c/o Greg Ferrone Project Location: 3340 River Road, adjacent to the Cape Fear River in Wilmington, New Hanover County. Proposed Project: Applicant proposes to perform maintenance dredging around the shipping/barge berth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 24, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 796-7302, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 DATE 127 Cardinal Drive Ext , Vv'ilming!on, No,-,h Caro,!na 26405-3C145 Phone 910-'96-73021 F,;X 910.350-2034 1 Internet ....,, nc-casta!mar,a me^.t nel ?n F^-aI ^G??^u ly 1 Affirm a!:,. e Sn _ ? eye' - ?? _cpce? 1 10"-1 PC S! .;Te: P2??r DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Exxon Mobile Chemical Co. C/o Greg Ferrone 2. LOCATION OF PROJECT SITE: The project is located at 3340 River Road, adjacent to the Cape Fear River, in Wilmington, New Hanover County. Photo Index - 2000: Not Available 1989: 179-31 F, 11 1984: 15-190 T, 17 State Plane Coordinates - X: 157168 Y: 2316246 GPS - V-102810A 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -10/28/05 Was Applicant Present - Yes (Exxon staff) 5. PROCESSING PROCEDURE: Application Received - completed on 10/27/05 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Conservation/Developed (B) AEC(s) Involved: ES, EW, PT Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Septic Planned: None (F) Type of Structures: Existing - Two office buildings, commercial grade pier, rip-rap, work shop and numerous above ground storage tanks for chemical storage. Planned -None (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DRFDGFD Fit I'M nTT-TFR (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (Open water) 54,000 sq. ft. (ship berth) (C) Other - Highground (Spoil Disposal) 2,160,000 sq. ft. (Eagle Island) (D) Total Area Disturbed: 2,214,000 sq ft (50 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to perform maintenance dredging around the shipping/barge berth. Greg Ferrone Page Two 9. PROJECT DESCRIPTION McKim and Creed, on behalf of Exxon Mobile Chemical Co., has requested that the attached application be processed under the Express Permit Review Program. The project site is located at 3340 River Road, adjacent to the Cape Fear River, in Wilmington, New Hanover County. To get to the site from Interstate 40, take Hwy 132 South and turn right onto Shipyard Blvd. Continue along Shipyard Blvd. until the road dead ends at the intersection of River Road. Turn left onto River Road and the property will be located on the right hand side of the road, approximately 1.0 mile from the intersection of Shipyard Blvd. and River Road. The lot averages 25-30 feet above mean sea level. The Exxon Mobile Chemical Co. currently operates as a loading and off-loading chemical storage/transport facility. The Exxon facility is comprised of approximately 58 acres and is located in an area of high industrial activity. Multiple commercial and U.S. Government operations use the adjacent waters (Cape Fear River Shipping Channel) as a means of shipping and receiving merchandise. The Cape Fear Shipping Channel, in the area adjacent to the Exxon facility, has historically been maintained for commercial navigation by the US Army Corp of Engineers to a depth of 38-44 feet. The Exxon tract is heavily developed, and vegetation on the eastern side of the property is limited to lawn grasses and ornamental landscaping. The western portion of the property, however, is dense with vegetation. There is a wider variety of vegetated species including: Live Oaks, Long-leaf Pines, Cedars and Maples. Wax Myrtles (Myrica cerifera) and Red Cedars (Juniperus virginiana) are located in the under brush adjacent to the transitional area, where the predominant species are Common Reed (Fragmites australis), Giant Cordgrass (Spartina cynosuroides) and Black Needle Rush (Juncus roemarianus). The New Hanover Land Use Plan classifies the area in the vicinity of the project area, as Developed. The waters of the Cape Fear River, adjacent to the project site, are classified as "SC" by the North Carolina Division of Water Quality. The area is designated as a Primary Nursery Area by the Division of Marine Fisheries, however, it is CLOSED to the harvest of shellfish. The Exxon Mobile Chemical Co. facility is processing this major pennit, application for maintenance dredging. CAMA Major/Dredge and Fill Permit # 182 was originally issued to Exxon Co., in the late 1970's. The permit included dredging activities in the area surrounding the shipping berth and barge berth. The originally proposed dredging activities and disposal areas remain the same as proposed under this maintenance request. PROPOSED PROJECT The Exxon facility is proposing to maintenance dredge the area surrounding the existing shipping and barge berths. The proposal includes the removal of approximately 8,700 cubic yards (900 feet x 60 feet) of material from the existing barge/shipping berth. The applicant previously maintained a depth of approximately -37feet (+2 feet of over depth) in the area around the shipping/barge berth. As part of this proposal, the applicant is also requesting that the project be deepened to a terminal depth of 41 feet. The material in the area surrounding the shipping/barge berth would be excavated from the waterward edge of the existing docking facility out to the edge of the Federal Channel. The material would be hydraulically dredged and disposed of on Eagle Island (U.S. Corp of Engineers (COE) owned disposal island). Eagle Island has historically been used by this facility, as well as other facilities in the area for spoil disposal. Eagle Island is approximately 500 acres in size and is located northwest of the Exxon terminal, across the Cape Fear River. Greg Ferrone Page Three According to the applicant, the COE is proposing to dredge the federal channel immediately adjacent to the Exxon facility during December 2005. In the process, the dredging company and the COE have agreed to dredge the Exxon facility concurrent with their dredging project. The dredge material removed from the area surrounding the Exxon facility will be pumped to the Eagle Island spoil site by the COE and it's contractors. 10. ANTICIPATED IMPACTS The proposed maintenance dredging would disturb approximately 54,000 square feet of previously excavated bottom area. The project would include the removal of approximately 8,700 cubic yards of material from the system. Minor increases in turbidity should be expected during excavation, however no long term adverse impacts are anticipated. Spoil disposal would disturb approximately 49.5 acres of high ground at Eagle Island. The project uses would remain the same. Submitted by: Jason Dail Date: 10/31/2005 Office: Wilmington Form DCM-MP-1 APPLICATION* CTo be completed by all applicants) 1. APPLICANT a. Landowner: GREG FERRONE Name&Xy!)t1 Cd. Address 1350! kATY F1 r-,t-y*Y City 1402,<-110" State 7-L -X b. City, town, community or landmark c. Street address or secondary road number 33L0 PING 11t 2011 d. Is proposed work within city limits or planning jurisdiction? Yes No e. Name of body of water nearest raject (e.g. river, creek, sound, bay) C. ?PF rFM e4?h12 Zip -7 0 7 Day Phone a g!- 970- 49 17 Fax :)fs6-00- (>80a b. Authorized Agent: Name ?CKfm 1, N c- Address City VINGl1.dlA State E, A- Zip 44- ?'Y G Day Phone r Fax f y - 4r -, -? r: c. Project name (if any) SOUTH WIMINGTON TERMINAL MAINTENANCE DREDGING NOTE. • Perncs will be issued in name of landawwr(s), 4ndlor project name. 2. LOCATION OF PROPOSED PROJECT a. County (f ?s:? _=;r ?_ )C;?' ! Tievised 03/95 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. b. Is the proposed activity maintenance of an existing project, new work, or both? ='% I STI,'.1; P.R02TtCT c. Will the project be for public, private or commercial use? _ r 0MM fi C I1: Z_ d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. T 4F E /S VIU& &,:-M HAS GR.Qr rF/,d-LLY F?tLE INJ. ANA IS 11010.1 AT:'FrC-T1lJG VES.51:LS WAV- MA) OF-- rR?-:= C'I1\/1-= `- D&M 'i1JIL%,11P,1GT! f??272N" Form DCM-NIP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 52 AC P F C b. Size of individual tot(s) NA c. Approximate elevation of tract above MHW or NWL :19 ` P, `? t y-2t` U `N t- d. Soil type(s) and texture(sl? of tract ,oiI--rY? - [.fir ('JPM* 1.AN6) e. Vegeta7tlion oa tract 5P. . AFVF-I OPr h I L 19 C-,T-r,, t: 1 ,RA C.Cr f. Man-made features now on tract *TOS.A6F- "r r 11: S A.'J lk O M CI-F- B01-1 g. What is the CAMA Land Use Plan land classification of the site? (Consu:t ae local land use plan.) '_ Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? NT°?? r": oaf`( 1:,AmwA,ct'U,sRIM66L1-Tr1k,;C i. Is the proposed project consistent with the applicable zoning? Yes No (viach zoning aoMUanee crnificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes "A No 1. Are there wetlands on the site? -/- Yes _ No Coastal (marsh) Other If yes, has a delineation been conducted? (Aach doamwntatian, if available) ReYW 03195 m. Describe existing wastewater treatment facilities. (11`1 M n., Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) o. Describe existing drinking water supply source. C 1`ol¢s t 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims tide, plus written permission from the owner to carry out the project. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the R=C`1VEID O C T .2 7 2005 Form DCAi-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. ® A Stormwater Certification, if one is necessary 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 certifled 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name ! 4:L- ol\1 A t- GYP.SJlyi Co Address =? SI hNY ?I;rL? .:yam! 1?1'!(,Ts?l , r?G Phone I - `)!O -'19 q• 35 - Name. k:A6Lf ANL LTL Address 3330 RIVER OA6.'?PL VP,;T0.q,?JC, Phone 1°01f0•`rcfl-??{ft' Name Address Phone A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 1982 MAINTENANCE DREDGING PERMIT NO 182. EXCAVATION AND FILLING PURSUANT TO NCGS 113-229 O A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03145 6. 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 conditions and restrictions contained tz the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. 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. This is the day o7A ilia' R 5 Print Name GREGOR` nT. F, Signature MANAW-MARINE AND TERMINAL OPERATIONS Please ind'i ' proposed project. DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each wradvnent in the space provided at the bottom of each form. RECEIVED DCN1 WIL%1INGTON, NC CCT 2 7 2005 Form D CM-NIP-2 JV-%r 17 .r-JAEA V ATION AND FILL (Except 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. Describe below the purpose of proposed excavation or fill activities. All values to be given in feM. Average F1JW Eusting Protect [envth Width Death DeDth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) -41 ? ?E1-d`?i X1=29 W M ind M L.»4 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 8700 b. Type of material to be excavated SANG, A -V,:--` Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes X No d. High-round excavation in cubic yards 1 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area EAGLE ISLAND b. Dimensions of disposal area APPROX 1200 FT X 1800 FT c. Do you claim title to disposal area? Yes X No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? A Yes No _ If yes, where? EAGLE ISLAND REC IVED DC "41 Y01IL G-11 ON, NC Revised 03!45 C?C7 2 7 2005 Form DCNI-MP-2 e. Dots the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? Yes X No 3. SHORELINE STABILIZATION a. Tyne of shoreline stabilization NA Bulkhead NA Riprap b. Length NA c. Avveerrage distance waterward of MHW or NWL d. Maximum distance waterward of NIHW or NWL NA e. Shoreline erosion during preceding 12 months _NA (Sourre of information) f. Type of bulkhead or riprap material NA g. Amount of fill in cubic yards to be placed below water level (1) Riprap NA (2) Bulkhead backfdi NA h. Type of fill material NA i. Source of fill material NA 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? -NO- Yes No Revised 11195 If Yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes NO . No If Yes, (1) Dimensions of fill area (2) Purpose of fill S. GENERAL a. !low will excavated or fill material be keot on site and erosion controlled?, DREDGE MATERIAL IS CONTAINED WITHIN DIKES AROUND THE PERIMETER OF EAGLE ISLAND b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? _ HYDRAULIC DREDGE c. Will wetlands be crassed in tr rting equipment to project site? Yes No If yes, explain steps that will be taken to lessen environmental impacts. Applk torero Name ?"?/'?l;rl{(~, s' c Date MATER_ t d,LJ_ IING 1 0V, r) GRMJIINGTONJ)C U7 2 7 2005 EXXON DREDGING PERMIT APPLICATION AERIAL SITE PLAN 7-11-05 ll-7' - ft ? ?? ? ?, -- I ? T.. t rI {. • 1 'C??`t ? J,?.'1 •\. '+??JA??rt{??{'? ?? qt?[r' ?' y,t? '$ y 1. t ?? ?? ?f ?S',?T?{"+ ?t }tw'??y"?•?"r••.gY74'"• ?; ?/? ????dY.•,s..+r ?i ? J` ?J ;! a ..'? 1? ?? 4f?'1 ? t .j 1+? ???irrl ?• f ? --a??.3?! .H ? .I ???ri:f:'a?!?•:• tt•?,i. ''e,,}vJ.. r ;<= r r, t .'? ti -:??????lfy??.+. r .?/ •'?? •.i :, p? IS. y?//'?1` w"?':^? ?2t It?x ,, ?? '??r ? •` f sl ll?.t ?.?li' - <?- ' i"?? ;?171i +T.'k` '?, r111?? 5 r???,??''?r'??? 5 ?' ,, t'.: ' N '`'t -•,. r .. j r\ N fi•?,? ?rrjby 1 ? ??1Y? N } ^- ' t fr??"??'...?+/?? J. t "'= si a ti z 115 ',iTj1 ?t??ll C1 ~ •il! ??f?'??'.*?I .+,l:,Cr ?Il.. i;`yy ?? =^?'h!'Yf. ' 1r'itid rZ l} 3. t?.r?-. - _ - t . I C'I '4 y??.??- J ?'• - -.tip=.?'/.: ?. ?f'.I 1 _,I,_,r?....'t ?>! 1 - 77 t r?r I ?. Z?1•: "rr fr rr14 ?1 U7 }>?r r 1 .' Y l #t= y f } ?'T r ? ?G? Mi ?y?y d f .4?¢r Y..l'.?'• • t'?,' ? 11 7 ?.?' ??.J nil j/f}?`'?l*? ti I.f G l } ? `[4w r .. \•_ •`dT???t' ??r•??R;f ?dl? ?,7 ?.??r^?(/,',' `n ?l W?.?l /• _a.-...jr -••. ?4l,wy«r:.= +c?l[f'l?:aj+a??:'-,a'Y.u.l??i? lt??k???rlr? w4'wL",?7?'.t t_ * 51.1'x'.; ?A 1 J: ? ?fi1??"?1??1i;T f???..$ -a.., r "„-•,c.. 1 ? 1't .},ir? ?, 'Y?'??,?? ?'??•'? .??? k? I.!I: 1 ? i. S•`c?.?titL1?f??IQ??+ t?,/? lfi! s 'y` d 't V1, 01?9 `nJ ?ARG r r v ~ r . _ ; ? ' ; M1#r ? t ?-S, r F t 1:. ??? ¢?ti> ? r,' ,?g?''fr1 ' a >... ? i'•r ' ;J I t' ity. y?.?•? 4y1c'a. ' 91l"'s; r.^ ?(?}/ yi. •' _.t ?i. +1• -- •,'?? .'' fr J? ! 1. ! `'-t r S t. t>;ti? t' eti. 'i, F ,,,,.•^ 7 a 1 •_ .. '.: 7: .t ?-St Y r ?-, l?? I4ti 7'????\.tLta:..l+=wt T^, ?.?? a'1 f?.J - ~ hjy'-?I1 '11 7ti 1 ? l,•1??T?"?,, LLL?, yl, ...vt ,r...••S\•e"'sr ?, !- j ? ;}a t • i- 7u ?. ?'I •,? I r ? ?•i•?y. lT 11. l r y? t{.1 _, Y S,?l?y..+7 i C? ?t.- 1'. t1_L S. 1.• '>k F+"t e S t.?as?ar,-#'iRw ItStl 'i'? t,?: •y' ?ty'' .t.' N ?()/7 ,..t?'r` > k {':1.(•,•. 1? i.•.rCryi f ?t.?l.??'`?t ?? I 1 ti Id- L "'?= i. _ iy N .? r? i?t Y?+iJC `+ '' a Ir?r' `? ri~ ?', +.l?.?r'1'•iyt{r??`? tJ?'?1???'^? ? ?? ?? ??t^ 4?yb•..? ? I '`1 ?i, (._ ? ,,??x"yt_t-Cr s l ?? ""??????:i;r?i+?`? ??''t yth"tivi'`?.? rSpa?r L,?r?yW'"v?'7?,t•'.?• !1 ?i????cc''?-* \\ ,. ?. `. ,? )i j -w r 8 4i4, fi; .t . ( `' Yf t M ., tiI', '" - ,h 1 Irl? •?`t ii < ? ?'• 1 v .lr ? cF a,t• "? -i J. j .? r , y,,,r j to :?..-.r? ?. ?. /Itll7' - ?. >> . .s•? r ?? s'!!"^ ?47•t',4??i? - -\ Irk a...? FS f,? ti i t S E N-11 ?11 •? fl?,,7,,,?• 7? ?+?,1'1 +? • ???J ° ?.'1r _? r 13- 7'' DRD Ate ?`?{`< c'?', i: a r }••? ?t _ .u r ij. i?, `.fin ' ?, :l S? ?t .r ? ?r J I?E $? S ??v t ] • ?a n '.?Lr?.i?v r?/?Ya.\'. i .ivr_. +.. a.r rrft:Yr./L?a'i.1a.i•-... -_ >,rre?/?? -•'++eCiWt`'- 1 t I ?u1 (/ ? ? J DIVISION OF / COASTAL MANAGEMENT McKim & Creed Project 1206-0001 Figure 1 - Vicinity Map River Road Wilmington, NC 1Ld 1!. ? 11? D OCT 2 7 2005 DIVISION OF Figure 2 - Project Site River Road Wilmington, NC OCT 2 7 2005 DIVISION OF ('QASTAI- MANAGEMENT t c nor ,7 r . , r i- M ?J 11" ??er ;% - L? } ?r_ JJ??? . f,?'1 * -?}• tt. . t o m> ?/.7- `, , ? '- E'y '-C .`S?•'t t?r?F? ? XS. z >, ?gr•' t-:. '. •? ?• i. S r ?;? r s ??C? I ,^ ''-2 ,?` Z.1, f ?j, ?i1t?- ?{ . ,e€?? yF.Qf,"'` it icxs ? ,?s ?i? "?i. ?t° 'f'.? ?-i^ '? *f ? 't % r ! tis 1 ?w", ?r• •-V r c f `•kL 1 y???? ??3?.'_.•+ x ???- ?Y ,` Yt?}?? . r FT +-w°%?,'e?/f yy ?r ,. 3. 7#r'F QI ,1 ?rypt?"la? ?:,G{?° c df G'.-? ?? ^ t ? /. , ?? ((?'/ r?F'l?.r?•21??'ar T' 1..?'?1?"...? 1'. , I (!?',{?„y,??? ???? ?? '?= 1??.??C s ? `; V,'`"?`?l '•?. ?i // I ;? /1? .n ??S>? ,7j 'ZSt''^ "?'?,[?n.!"t .i.'.t ?h _ n'• W7 I. ` .?? •.?, a af•. i?,s?.•i _?""vti} (?. ,. ???r ?'? .{; jr•??(2 ..r 1 ) x-4f '? LFI' ,F?t?C`S. ?f! ` ?y ', r f- n 4 ? •t ?,{?:4+ ' •?k' 1?SrY *, S? f"i?,? !G A?.S?. •'.y"p;' ^? lJ['? :1, ,+? Jfr `1S ,,,,??}?? ?--? J .? G , ! ? r? - ?,? ?? ?'r ?, f?mY,'? ?jy• T r? ,j*. rti '4 KIA ,N.,..' 1 % 4y "?..: `?. 1 fr, rn lQ ?_ f,r - ??ff c? ray -y1;=!-+Y•t11? ? t'>'iF. ["' 'RC ?'' \VC ??w J t ?y `)`:`'moo ,'??? y>'"Y`'? ''.? '?. i} r•.Y?.fr3 Ran„ 'r '•rl R`!'' 1 :.:?! '''4Y •? ' :., 1:7? ?? f ? ?.?'. tE?. iiv .a 'jam-3???.,,1?.,.? ?" '?t^??.A;??{. '_'T ?y?? - ,a --1=,Ti?l ?„??}--??J?c!'`"????ry,i X,.'+T "'}}'???7.;,?«r?i?????-?•±'??Z??t./-^ 4 ?. >,Yr T ?! 1. o ? f}l- ?.1;, f- ?•=`f .Et • tik !"r'' f?. }`L R?y.?c'G`c a"? l4?"' ?+s' •?t-c'???? ?•+?r?.._ ??? r???`?9r=''?f'1?..r?'r ' -) • v y ?1 . a., ,M1?`1)?'1 L?1 -i ?{ ,?? ?S7 • J R? , s ??f f .. ?'T??• ter.. h `1' ?y •`C.rtJy1{ ??f , ? ' Sin?,4 r?. 7 ???,,??iiy?? '?''? ?? .w•. C.. Y`T ?}+ x, S ? ?O- lW]1rJ ?` ? ' 1 .r.1 ?}"r4`•. ? r; ,?'? f, 1?U ".lstr.. ?s?g'?(?•, .,? .?.. 1 _ ?+,?? ? Sf, `'?f r ?? 1, ` lYt ?? , -` ? ?I?,I ?, yG ?I ?? ??ii??~ ? `1.? ??'???;? _ i ? }pj • • •' ? -r? ? I w? ..L X V???,,$?,}C • ?4-c• T 1`'?` 4i. rY .-. r, +?-'?A.SS . p} l' ;. ?. -? ( h_,Qr-?."a 'd?*?if -+?i{ L `may>. 'Ci~?J4?' ?•?, •: _A7 %V'S '.?c+.-13R't ` ,?+IIY?""i''„ ?t l?2 LII[--xx ? 1F? `.,?,,Gg`??` "a i ?ti?'?1J:? v ? -µ??.`.t? b?''-?,vu_. ?.?9yf} 1°?h;re .I d ?,? s?,--jji..$t.hL1, 'G 11, Biqa'-.. r r`?t'I?-?`:+? ?},?""4ti y" '- vJ?. Y' r _ ?:f "? c\?`'? ?y F?'? `y? l ?. J??£..tt?.L '. SgyR? _l ?d? ?'S.? ?'k' _, ;'•.,? - ? '?'?t,',.1CY?-1?(,.? ,i Y 1\ vy-i : ? i-L ? ?.='i! ? } _ 'i'3'LC~?'?'Y???r ?'. ?? ??r?? f?, rTi`?'??--fyj?F•t `?""T?Sr t ,?;p ?..?A 't ?, . '''`S.. w ?'+?'?•'.? > ?? D '°E-?' ?. L ,'?- c??t.? ,Sri '?d a `€;1 '.r. ,?5?*,. ,?q?.''?•_ `?. ,?"?2=? ' ?? -?,?1 .-rt .b?•SYto} 4 r Tr1 k ?r'?C'y??? RCS ;' EyE?Y ??` '1 .,LC.-s .. ?'. t'•rtr?v. '?-4. .. ??3 atY/,,iT..n Js.??•SL Awl' e„? :?.??t?-s?m,?, ?t • ? ?y„? ???.`, ? ? ? ?q? ?? ?;j? 4 r? lF '" r .?.? ? - .?'} ' <' F,?w?i ut?=? ??5?, j-a ?5 !rh w ? ? ? 1F ? tj ? ???•?. r .C -'L ?- '.? 1. ,.s ?J(o. f"s ?',\ ?'.. _ 1 • -v '. • ?,a`?? ? ?• ?- y.., t ? ???? ?''-??'r•? r .u-? Vic-- ,.c w a.C''? •:.S '' R ???`.?"Yi .. (2? ?I • r ?`?' !i ?rfryr.r ?.3?T-=+?a ;w,.'.'x• / , " . rn 5 ( J ? 1 r" j?^ -.{,''?R v-` a',? p?r•,•r' 'v'7 i i f P)??r T f: i? Y D Y / f, T i art's; \ `yj? 7° '? ? ? .? Y.,. ?- e . ) 1. A_. ? ?y; \ ?? v "?-.L` `:.J/ 3?.?`7.) ? v!• -? ?rf?. -s.k ,. irk I,r,•. *t,3??f? it a *l?+ ? ? I• • ' ? `t ' I ?? ?a"' ?' z I? ?wr'.? >c-' r? ?.>+(.-.i?- ? t? r'?J ,•> ;fir '., .r+ ? ?' `• 7?:t -'?? •?-?•J•, ,roc ; ,. -. r,?,a° ????`f °?,.?fs?` ? v????? :i. a'--• h Z 'Z o ,? I y ` 1 ?, ^ •s.S ?? 11 +b ? rJ•"?a j{3[? H.'k• ?C ;?j ? O,Y? / t'.4#'r . ? :? _ ION ? . ?° ? ?' ?•?---?.? ,? F,?? ,? ?w ?,??. ? ??-?s_.?r??. 1 1???1•'[?AEM??Mr JP ?,?d r ///SSSw t tic'f ,.k r??ti ^'? /,dtrrJ=. ,t.•?e"•r?'" 1., .';• ..'-:? , e. ;-"'_"l`.±-'°1J''%r w$n,?? lip, ?'`?' `? , ?il •'? ,;? ? ri??"r'z`w F? ? ?,, ?'??a'ti 1 ?.!srT t•.? ? t•>,- *? ? ??r' ? y-ru, °? ???? ` `a>{c std- 1o at`4.i•C 4 x- r i » G• Y , r ; 7 e to >rf_ :??? ? ` .T'!S ?y ? ?._ ,. 2J,\92 ..?.... ` ? v?.K? z??"'rn ? [ ?? ??'1f.,?+1!?1,or•+?-s- ,'F5?>t '•? •' r?r?•. 1 f .-fya C' '-Cry+ •_?-*' „v ' . '? .7"?` •s'"^?,_„a r i 11?irtec W ? il't},ya?y t ?3'y a : ` ".•'.r1- C? ? `i ??' ?? -•rr ?'i? s ? ?, O' 1. +?, ??.,"? ? ... _ ? - (. `.?' ?t V?•? ; i' •trt•w'?,?.+' -?- ie,"? <Y ? ?/ ¢+.y;;s;}, _ /`4,? COpyr&hl (C) 1997, Maptech. Inc. 10 400 aa>_aaaaaaa? J W f ? f 4 f G JJ r / /rU f ra r / •!? C6 JV [S $?aii swa an l.,NF M&CREED EXXON CHEMICAL COMPANY Co-, Scit° 1 00 WILMINGTON CHEMICAL TERMINAL 4r6?iaNq SK1 C V'rgL?ia Bao )4 V1911ta 73452 - - ararJ °,? tFRruu: ?ao?e (!57}{J1-1007, Pa+: (757)431-1077 msJ ara. W.E a.4 -( (--- 4tia^.ao racaseary EXXON DREDGING APPLICATION sl.rs. prelimina Desi n OVERALL SITE PLAN & VICINITY MAP n' e 'A " Not For Construction rl o --J ?m C.J7 7 J y8 G 6 z pF QQd Fi C) X h EBB rL00D od - - - 160' - - - 150 - - 140' - 130 0-; ©-' 120'- 110' ° "- yam, o- s0' 70' 60' 50' 40 10, 0' -`? CAPE FEAR SHIP CHANNEL ?I 3 4 {I O J 100.0' I ' I r- OUTLINE OF TYPICAL SEEP t i, DREDGE AREA LIMITS f ?IVICKIM&CRMD 448 Viking Crlm. S.R. 100 --I L19*n:- 0-K. %119 r-;2 23452 Pone: (77)431-1007, Fu.: (757)431-1032 ";?Z.mckimveed.- i _ III EXXON CHEMICAL COMPANY WILMINGTON CHEMICAL TERMINAL EXXON DREDGING APPLICATION OVERALL DREDGING PLAN (SOUTH END) X35.5 - '?? ?'rM??-tom 1 CCNCRETE ° LOADING DOCK I ° ° I I I P2?N1 CA IgRZJNTrL an+s roil iA$ ,•••M) IS nrcxro r,L .crncx: SK2 R2?1 Mitt. MF !IA r'N} Preliminary Design Not For Construction A ' l l n M ?a C P. Z a s Q N r Iz I? Iz Iti I{ L I I I I - I 0 I GUNCRETE ° LOADING DOCK I ° I I I I 4??NFM4&CREID 148. VIK!nq Miw. $ufte 100 Wginic 9mch, V.19Wa 23452 (757)431-iCC2. Far (757)431-'032 __ ens [wae!an _ r 1 ?- WV?R?e:kknenfGd.C- :V ? 1Z1 EBB FLOOD DREDGE AREA LIMITS or ax. OAT: 04 ,JV C! SCAIE `•?w.en EXXON CHELHECA MPANY ""'l` pt ? "QiZIItAL• p.?K ar• 1?ALMINGTON CERMINAL ¢ P"u OcaM -oxEXXON DREDICATION OVERALL DREDGINNORTH END) 51A" Prel(-,nory Desl rn A ===j Not For C. struction L! < fJ om ?n Z Z 0 CAPE FEAR SNIP CHANNEL SECTION 1 LOOKING SOUTH SECTION 7 LOOKING SOUTH (251 FT-2) SECTION 9 LOOKING SOUTH (579 FT-2) 4 - - :,' i -7 777 - - SECTION 8 LOOKING SOUTH (439 FT-2) n DATE: C6 Jan 05 SCALE ' 1 «c w .cE ' cl<B4 /?=T EXXON CHEMICAL COMPANY DRA GftOJ / 1206-000 ?li?'1` • }vim W L w? H°RI=W•E o,. WILMINGTON CHEMICAL TERMINAL "Ts ?v CE C.EEcO KA5 SK4 44' - .l.inq On?e.l -le 100 arcreD we vEanuc. Flhope ° Be3c?, r a 21452 ucx wJE X Poop e. (75714,;1t O02, Fax: (757)4}1-10}2 PHDJ A EXXON DREDGING APPLICATION DREDGE CROSS SECTIONS sr.ros preliminary Design t8 Not For Construction (7) 0 G m` SECTION 6 LOOKING SOUTH (254 FT-2) o .o » v w >o a .o w w .oo ..o .w .. .w .b SECTION 2 LOOKING SOUTH (54 FT-2) SECTION 3 LOOKING SOUTH (205 F°2) SECTION 4 LOOKING SOUTH (348 FT^2) SECTION 5 LOOKING SOUTH (215FT"2) a .o ro w w n w w a w wo ..o .» .w .w .w SECTION 10 LOOKING SOUTH ExxonMobil Dredge Permit Volume Calculations 1206-0001 Elevation -41 MLLW Dredge Depth Section Area SF Length Volume CF Volume CY 1 0 100 2700 100 2 54 100 12950 480 3 205 100 27650 1024 4 348 100 28150 1043 5 215, 100 23450 869 6 254 100 25250 935 7 251 100 34500 1278 8 439 100 50900 1885 9 579 100 28950 1072 10 0 TOTAL 8685 RECEIVED ,,, DC r' C T 2 ' 2 007 D ?1 NC Q;,T 2 7 2005 ®® STA 1E PORTS `Y NORTH -w I EN rla?.v_ l? GRAPHIC SCALE njF1 1 IN. 200 FT, 200 0 200 400 ., Mi uANSOr+ = _ SCALE IN FEET SITE..`` VICINITY MAP - NOT TO %'?'???-? \? SCALE vo I DI; • oATr- fA ?.N e? SCALE `v?M??mVIF?CREED EXXON CHEMICAL COMPANY 4!B Yklnq Drive. Suite 100 WILMINGTON CHEMICAL TERMINAL YA$ 1•?ICU Yvginl a 0-h, Yuginio 23452 ?E`-'eC? rr.E KpMU? SK1 Phone: (757)431-1002, Far. (757)431-1032 PRO" .w.mcM ucR. w..E MA A.OOmckhnEeac?oT EXXON DREDGING APPLICATION creed.com OVERALL SITE PLAN & VICINITY MAP '`"?'s Preliminary Design A Not For Construction +? to ? 14 ? Delineated coastal wetlands (flags C1 thru C10) Delineated 404 wetlands (flags W1 thru W17) D IT% l Flagged spot elevation for MHW (by vegetation) J U L 14 2005 NOTE: This map is for preliminary planning purposes only. Lines depicted on the DIVISION OF map are approximate based upon preliminary field sketches and do not represent distinct boundaries. COASTAL tAANAGEPA : T US Army Corps of Engineers review and approval is recommended prior to specific site planning. SCALE 1" = 500' ExxonMobil Land Management Group, Inc. South Wilmington Terminal Environmental Consultants 1998 Aerial Photo New Hanov ao er 36unty, NC Wilmington, N.C. w/ Wetland Overlay -05- 1 May 2005 I I ? SUNNY VALE DRIVE -1 I.IJ ? o BRYAN ROAD O ;7 cz) CT-r C14 J V, X9.0 AY WETLANDS AREA 1- U) pORjWA?CN VE 9,436 SOFT. U %?II FpF9A F10- OR 0.22 ACRES O VICINITY MAP 1--? d NOT TO SCALE ?-- f o N8 85. N85'23'20"E 0 ?? f_,) a I 85.25 ?U+0 z ?W-1 N o 0 1 1'o r, rn c? o A, cD V A U AL N IN L'? Z 19 " J (P QN1 O? !y m m 43' . ?? ?? F q4,, N$4'14'3- " 563. & S6, AL r-j \ THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT \ WITHIN THE DESIGNATED INSERT AREA, AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. OTHER AREAS OF JURISDICTION MAY BE PRESENT ON THE SITE BUT HAVE NOT BEEN DELINEATED. UNLESS THERE IS CHANCE IN THE LAW OR OUR \ PUBLISHED REGULATIONS, THIS DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE YEARS FROM THIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE 1987 CORPS OF ENGINEERSWETLAND DELINEATION MA REGULATORY OFFICIAL _C'?_?-?c-'-'----------?1?`'? \ TITLE ------------------------------------------ \ DATE _91 LL?r_________ USACE ACTION I0 ?os?1 dtiye a sp??uy?? o e a a ??rys ?Q?FtiSS/? 'L L-3672 _..: 9 i-?.os- W ? I m W W LC Lu P: O Q ? ?j W-5 6g';' F w EXXON MOBIL CORPORATION DEED BOOK 2691 PAGE 303 R06400-001-003-000 LINE TABLE LINE BEARING DISTANCE L1 S38'1 1'47"E 42.53 L2 S08'20'24"E 35.24 L3 S01'29'14"W 4.56 L4 N54'43'50"W 35.38 LS N86'34'00"W 70.15 1 I I AANCOR HOLDINGS INC. \ DEED BOOK 1684 PAGE 11 \ R06400-001-002-000 J POINT TABLE POINT NORTHING EASTING W-5 156490.793 2317026.978 W-3 156525.657 2317021.867 W-2 156559.080 2316995.569 W-1 156618.987 2316994.222 W-6 156486.240 2317026.860 I IN 0 rr Lr+ Io rn ASA A` I L.+ 50N I? 6?? 1 \ 1 THE TRIMBLE PATHFINDER PRO XR AND EXTERNAL ANTENNA WERE USED \ FOR LOCATING WETLANDS ON THIS PROJECT. ONLY THE MANUAL 3-D POSITION FIX MODE WAS USED. POSITIONS WERE REAL TIME DIFFERENTIALLY CORRECTED WITH DATA PROVIDED BY THE NORTH CAROLINA GEODETIC SURVEY S86'- (NCGS). THE NCGS BASE STATION AT CASTLE HA ME N.C. (LA T.• 34-20-40.73216 48.10 N, LONG. 77-52-31.39103 W) WAS UTILIZED AND IS LESS THAN 20 KILOMETERS FROM THE SITE. ALL WETLAND POINTS INCORPORATE AT LEAST 30 THREE DIMENSIONAL POSITION FIXES COLLECTED AT I SECOND SYNCHRONOUS READINGS, \ WITH THE BASE STATION. THE HORIZONTAL ACCURACY FOR THE DIFFERENTIALLY CORRECTED DATA IS 1 METER OR LESS. WETLANDS LOCATION EXXON MOBIL SOUTH WILMINGTON TERMINAL NEW HANOVER COUNTY NORTH CAROLINA JULY 1, 2005 SCALE: 1" =50' 243 NORTH FRONT STREET VALUINGTON. NORTH CAROLINA 28401 0 25 50 100 150 TELE: (910) 251-6665 FAX: (910) 794-1154 i Rn, COA EBB CAPE FEAR SHIP CHANNEL NC NFDW ri nnfl Z ? r- Iz I? Iz I? I? L EBB NC NID &7 CAPE FEAR SHIP CHANNEL FLOOD 6 7 35.5' 8 10 OUTLINE OF TYPICAL SHIP J ?JJ ? 'r r!> 0 'f!0 rOd ,r rCd `+0 ,+0 ?+O 'f0 d rod'=0 ? ? ? ?r `r ,/'f0 `+ j ,+ 0 r `+!' f0+ f0+ ?? ; r ? ?J + , +0 d It '+0 roJ +? r 0 ? f `r0 rp fp OJ J J + ` `'J ?r? r ? J 'f 0 0 ? J' r 0 0 ! p > ?J g a + g t • ? ?0 r .e g D n , O ` > O r J O o . v J g ? y ? p Jy 0 9J ?.r ? 0 f0 0 `JCd ?J 0 g ! J'?g ?J ?g JCO `Jg ? ?! J f? J o0 fC ''0 ? J ? Jy ? o 0 Cd yid `J 'Jg ? d 'Jg ? 'd 'd g C `J ` 9!? q/ J 'J> ?J> g J g > g , J ' J + J J ` > g 9d`J `J> JZ? I BJ 'Jg 3S S 'Jg ?JCJ ? .JCf CS?Jg ' 'Jg 'Jg 0 g e > g ? A, iJ Jg ? J J JC `J `Jy ? 2, 0 BP ??JJ>>JZ J> ?J> JZ J •?> J?f t JD J `JJ o . ,1. ? 'g ` q J ? ' ;IJ d Jd `.1d '0 , "19 ' J J' J J J .d Jd / 0 J> `J t > 0 . `J `J `J `J g `J ? '{P PJ Jd > > J)> J> `J> J> ?> `J ? d ? ` ' J ? J> '? ? ? Js `J `J .?Ja> ? ,J+ ` 1 'iP7 ?J ? & 'SJ 'J) ?J .d .> '> .S .?J . B `,? <, ?.d . d ' rZ7 ??d 9 J'fJ '+J'fJ `+ J `r ? `+??`rZJ r`'J+Z)r?J `+Zd `fZg+?p `fZg`r?) rZ)+Z)rZ `+ 'rJ'fJ '=Z +! ?+! `,J `+7 `?. rl>? + r + 2J f2J rZJ Z7 Z! ZJ \tZr'fZr ?fJ0 'f2 > r ? Jg 9 'J9?Jg ?Jg J9 ' .? Jg9 Jy? `Jy?J? Jd'J ?JdJ JJ?JdJJ9JJ9JJ9J JQr 'JdfJB) ?Jga Jj J)`J) `JJ` d •J '0 9 `Jd `Js 'B 'J 'd ?J ? ? J ? J J ?JJ `JJ `J 1 `J `J `J `J `J 'Jf'Jr `J ?J 'JJ J 'Jr `Jt J?g C S s S ? C S J J J J d, J J J i ! 0 g P g d JS 'JS'JJ JJ' .O JJJJ J?J JJ JJ! JJp ?e.1?')J*,t `J:, Jar J>J J( 'Jf ?Jr 'Jr ?J ?Jr `JJ 'JJ'JJ'JJ g Jyd Jg ?Jg , Cg.?O `,0 DO Jy ?J d g J) > 45 Y '? I Js+ ?s • JC'JS Js ? `JP ' T'Jo ?J. ? * `JJ 'Jd 'JJ 'Js ` J Cr `J ` ' J 8 J> J> `J> P J > V J> `J ?7 A J> ) J> > P s `J Jd'JC .O J = `J > ! 'd .d d Jd, `J .g ;J ,S, r s . J d `JO, `Ja, Ja, `J J, ` ? ` J ?J `JrJ `J `J. `J. `J `J `. ` ` `J ! y ' .J 'd 7 .J Jf J ! !0 J d J `J `J J ? ;d g J> `J> ,? II `J ') V'J> Jd'F S > 1, '7 ?0 ``{f Js `JP ?J6, :? c > '0`J , .? > `Jd .) >0 'JC JB J4'J'Jd `JSS ?JCJ'JCg )J `JC J ? `J .g JCg 6.> `J `J C9J `J JC .! J J JJ JTJ `J?? ? ? rJ ?J `J Jr s ,> .J .1 J!J J ) `J , ` ` Jr ` d Jd Jd `J JJ ?d JJd 1d ?J J f `J Z f J?1 ? ? 'J ` ' ,f ?Z . `? Js> J ` ?JG JS J J r .1 , JC ?JS S S S C Q ' ss`J J `J J 6 P S S \J.f ?J J `J ? JJf J J J J J J .J ?J J?J `J .J J \ O'J ` ` ` ` J J \ ` ` S ` ` ` ? ? ` ` ? ` Z ) J JC Jd d Jd JJ ' JS JS JS `JS `JS JS `J `J 'JS s r S J eJ S"J ? 62 ? s s C ? S ` y ? d Ja. Ja. C B S d S 'J? _ 'J '7 pts J S Jr ? ` , 'llTr Jg '2, '0 ? ;% `J Jd J J J `JJ ` J`JJ`JJ ?J `JJ`JJ JJ J? 1S J+ '!7 •! •! •/ ? '0 '0 'g JJ JJ JJ `J? J? JJ J2 JJ JZ JJ J? JJ J? J J! J! '0 '0 '0 .y 'g 'd d > S 'J J I 0 D 'd J! J! `J! 'd •J •J J. JS 'J '0 ?. '0?JF, J>J> J>fa?` s Q)J Jr J7 \') ZI `J Z 'r ') 1 0.? `de\Jt *d`J ?. JS ? .. ?. . JJnr 1 ? CONCRETE , TO ?Z - LOADING APR 11200511 ° DOCK Dp ° gSTAC MgNA o,9 GEMFNT v NIQM&CREED 448 Viking Drive, Suite 100 Virginia Beach, Virginia 23452 Phone: (757)431-1002, Fox: (757)431-1032 AA0002667 EB0006691 www.mckimcreed.com y/ •JrJ ! Y ! 9 ?J! `Jr !>, ? . ? 0 ; r `JO J! 1110 'J0.d g .d t14 .d `J! ?JJ J!f ? OJ JpJ JOJ JOS 1 ? J J! J! `J ?J S ?J 7 OS OJJOS OtJOf•{7?J0?J0> gd `J J ?Ji'Ji Ji Ji J ` ? ? ? ` `J JO 7 `7 `J J `1 7 ?? 1 2 'Jg ?g J'? `JO/•9d 9d gg 1g?`JpJ pJ.?O gg gg g>gd OS J .0 .! •0 OJadJBd J ` J `7 `, `7 0.1 `d `>' P, .g JCO?9/ J JBJJD ?'? ?'?' o ? / o J 7 `? e d, d > `7> J. J ?7 7 ?> J> ?j ?) 7C 'Jg `? ?? s, ? , J d ? 0 ) 7s 7J 1J 7d ?J .r .O, .d ? > ? ? g JZO 7jD 7C! ?C! ?a/ JC `? ' 2a? 2B? ?? E'J?g`? > ? ?eJ Cr?,?P d 7 J JC> \JCOJJJ ?*J ?Z 0 0 'T J ?'0 JC) JCJ JCJ JC77C0 SB Jg 2 OJJ 2J 7 `? ?? JJ 'JJ JC JJ J J j > . Cg f d g r , J 9 J J r DREDGE AREA LIMITS 0 0 p C D EXXON CHEMICAL COMPANY WILMINGTON CHEMICAL TERMINAL EXXON DREDGING APPLICATION OVERALL DREDGING PLAN (NORTH- END e DATE: 06 JAN 05 RICE PROD. # 1206-0001 DRAWN CJB DESIGNED KAS CHECKED WJE PROJ. MCR. WJE 16' OFFSET FACE OF DOCK 10' OFFSET FACE OF DOCK Nom` SCALE HORIZONTAL' CRRMNC NLAGM 1.e,W. VERTICAL' SK3 NA STATUS: Preliminary Design AON Not For Construction SCALE 200 400 FEET 1 1 I W ? a 1 I 1 ry JQ?f 1 L y ? J v NFKIM&CREED 448 Viking Drive, Suite 100 Virginia Beach, Virginia 23452 Phone: (757)431-1002, Fax: (757)431-1032 AA0002667 E80006691 www.mckimcreed.com K'l (U 1 V , APR 1 12005 DIVISION OF COASTAL MANAGEMENT EXXON CHEMICAL COMPANY WILMINGTON CHEMICAL TERMINAL EXXON DREDGING APPLICATION OVERALL SITE PLAN & VICINITY MAP CITY HYDRANT ON 12' MAIN (APPROx) DATE: 06 JAN 05 RICE PROJ. p 1206-0001 DRAWN CJB DESIGNED KAS CHECKED WJE PROJ. MCR. WJE u-Z-FL Nl-WER SCALE HORIZONTAL: MA*" NUISM 1'200' VERTICAL- SK1 NA STATUS: Preliminary Design REVISON Not For, Construction EXISTING GRADE (TYP) m M U a O V N O N 0 O N n 3 „ ui 0 z 3 Q O J U 0 v C. 0 N U 02 2 EL L7 c .o 3 0 0 0 0 N 1n -25 27 -25 -29 -27 -31 - -- -. '- -29 -33 -31 -35 -33 -37 -35 -39 -- -37 -41 _ -__ -_? -39 -43 I . _---41 -45 -43 0 10 20 30 40 50 -45 60 70 80 90 100 110 120 130 140 150 0 SECTION 1 LOOKING SOUTH -25 -27 0 10 20 30 40 50 60 70 60 90 100 110 120 130 140 150 SECTION 2 LOOKING SOUTH LIMITS OF DREDGE 2s - AREA TO BE REMOVED_ (TYP) -27 -37 _41 -43 -7- -45 .. 7--.- 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 SECTION 3 LOOKING SOUTH -25. 7 .7 -29 _- 31 _yy -39 -43 - -- - --- 4 5- 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 SECTION 4 LOOKING SOUTH -25- -27- -33 is -37 -41 --------- u -45 0 10 20 30 40 50 60 70 60 90 100 110 120 130 140 150 SECTION 5 LOOKING SOUTH SECTION 10 LOOKING SOUTH EXXON CHEMICAL COMPANY WILMINGTON CHEMICAL TERMINAL EXXON DREDGING APPLICATION DREDGE CROSS SECTIONS T DATE: 06 JAN 05 LACE PROJ. N 1206-0001 DRAWN cJB DESIGNED KAS CHECKED WJE PROJ. MCR. WJE SCALE HORIZONTAL. c"VAhc NUMSM NTS VERTICAL. SK4 NA STATUS. Preliminary Design A Not For Construction PROPOSED GRADE (TYP) 10 20 30 40 50 60 70 80 90 100 110 120 130 SECTION 6 LOOKING SOUTH 140 150 -25 ?. - -27 - _t9 7 -35 -41 _43 -45 0 10 20 30 40 50 60 70 60 90 100 110 120 130 140 150 -25 -31 - _33 SECTION 7 LOOKING SOUTH _37 -41 -43 - _45. 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 ISO SECTION 8 LOOKING SOUTH -29 _31 77 -33 _J5 -37--_,__- -39 7_0 - 41 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 -25- - _27 SECTION 9 LOOKING SOUTH , 33 - -37 -41 _ _ u 0 10 20 30 40 50 60 70 60 90 100 110 120 130 140 150 6n1 November 22, 2005 ' The following project is also being reviewed as a CAMA Express (you may have already reviewed it): Exxon Mobil South Wilmington Terminal 3340 River Road Maintenance Dredging DWQ Project # 05-2010 o c??od?D NpV 2 3 2005 DENR- p??? aU?RBRWZCH The project requires a 401 and is permitting it through the Express program If you have questions call Joanne Steenhuis (910) 796-7306 Thank you! 411 C?out f ? , vMcIQM&CREED M&C 1206.0001 November 21, 2005 Joanne Steenhuis Division of Water Quality 127 Cardinal Ext. Wilmington, NC 28405 Re: ExxonMobil South Wilmington Terminal 3340 River Road, Wilmington, NC, 28412 Dock Maintenance Dredging Joanne, Please find attached a check for $1000 and the DWQ application and supporting attachments for the above referenced project. Thanks B E an Attachments • Check Referenced • McKim& Creed DWQ Application v NFEIM&OEED Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. 2?_?5 - Zoo (If any particular item is not applicable to this project, please enter "Not Apphcabie" or "MA".) 1. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ N 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: CAMS- ?exPti? W ?s? 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: II. Applicant Information to ???? V D 1. Owner/Applicant Information NO y 2 3 2005 Name: - Gery,- F- tEoKje - ExVo I LI03tL C4 Mailing Address: 13501 !<AT 1 ELGEWLI `'`` ?rosraz?"? l r?r, - l-lC?k s ? -Mk 77(-)79 Telephone Number: Z5 1- 3-70- 4?,x:317 Fax Number: lb i -13?0 - haO2 E-mail Address: Pre- -i car:., ( av- 'onp ? ex? n adoil • Corn 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: W1U M E6LJ Company Affiliation: mcKL M A C2.Een Mailing Address: -448 1/t V-tjG 0 a. %it- Sy I -C!5- 103 Telephone Number: 757-431-1:?oZ Fax Number: X57 31- 1032 E-mail Address: he_l o n g me r-j"s cye_ed .cam Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of prof ect: -56?rl K 0J[L 1(06TQ,,j TC-h,U;lt+,(..._ l? ? rr[-C?JJ,g r D Zko Eo c 2. T.I.P. Project Number or State Project Number (NCDOT Only): -- 3. Property Identification Number (Tax PIN): - 33,k? Q?.VEX 20o o Wtuuniaq-X),J,'U 4. Location ` County: Nr-_w Q Auoye. Nearest Town: G? it-[?I?r?G rg 1 , ?1 Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc): I M .F 5o?,rrt4 f- 5. Site coordinates, if available (UTM or Lat/Long): 5X-16'- 3(..6" U ? 7'- 5-7'- 2e. ' W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 5f-S Acs 7. Nearest body of water (stream/river/sound/ocean/lake): CAVE F?A6. 2-,\)eiL S. River Basin: CbpE Pe.A,F . (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://112o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: JKDJSTr_v4t. - T4Nv_it_ 4:4em - 5-4iP Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: MMu-re.KAa iCE D2?ni ?. laZd 1a?P.E QL??A L l GUEST ?51DE_ 04 GK1STiUG OaOLY. (P T, 4L N,Lk,, Bf, /udtp:t(TjL0. A-,MC1xvt&j,r A•'?7 dQ a,c- 11. Explain the purpose of the proposed work: taP..EOGey? is Ef.wma) to 4L(baJ a-rnkj,,j-D 54ip (11. cmota-1G ?"thy. F-Y-y,3" Pom- TF?_ t?{t?)skl IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. l' .1 Peb-AdJ5 A??.r?y4?cL OIUOGF P(VL 1T- ISec A=ACa-FNbt?JT H + P3/5 a4 ?4 J V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. MJkm37EUAd.1Cj-r- L7¢U&,to1; WkU 2f-- ZKOUtCAD To Cau-r-«,UC mule :5NcP OklLcLaam y, Ac-rtuc,-e. - VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Provide a written description of the proposed impacts: M4tLyr?uAocc- 2EO?.w? d G A 647_r,,r + 90o 4 x (?,o ?-;- to i D, -- 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** lvbr * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. •' 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at httn:H%vww.fema.gov. **' List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: AIA, Total area of wetland impact proposed: ti/, 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please s ecif AJ 4- -- ?? * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usa_s.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: AA- Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) ?, Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. .Z ??Et?4+?? a?, ?•Z CAP' iA_AIl. &Vt-[L 91vElL. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): /lk Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): AlA- Size of watershed draining to pond: /V?- Expected pond surface area: IVA VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Pe6DGiu6 IS 1ZE0UuC W -tD kUl--rAiuJ C??s2?1r'Tioy (pt- -541P OUCOA0106' VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9of12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. NAr 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at' (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://l12o.enr.state.nc.us/w!p/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Na -- Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federaUstate) funds or the use of public (federaUstate) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N Ac - )? Yes ? No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying-the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 C? 3 2 d 1.5 Total t] "Lone 1 extends out 30 teet perpendicular from near banK of channel; Lone Z extends an additional 20 feet from the edge of Zone 1. Paoe 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified -within 15A NCAC 2B .0242 or .0260. MAC X1. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. /V4- X11. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N4, XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes ? No Q Is this an after-the-fact permit application? Yes ? No ®, XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application- sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with constriction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). A/twik$-. Fcq) ItIollvs- Applicant/Agent's Signature Date s signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 1 OF 34 FOR EXPRESS PERMIT REVIEW DREDGE PERMIT DESIGN NARRATIVE AND SUPPORTING CALCULATIONS EXXON DREDGING PROJECT Wilmington, NC New Hanover County Project # 01206-0001 January 2005 Prepared for: Exxon Mobil Chemical Co. 3340 River Road Wilmington, NC 28412 (910) 799-0144 _ Prepared by: McKim & Creed, PA 448 Viking Drive Suite 100 Virginia Beach, Virginia 23452 (757) 431-1002 McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 2 OF 34 Table of Contents DESIGN NARRATIVE ATTACHMENT 1 - NEW HANOVER COUNTY SOIL SURVEY ATTACHMENT 2 - USGS TOPO MAP ATTACHMENT 3 - STREAM CLASSIFICATION McKIM & Creed Project Number 126-0001 11/21/2005 Page i DWQ PERMIT APPLICATION 401 WATER QUALITY CERIFICATION APPLICANT CONSULTANT ATTACHMENT A PAGE 3 OF 34 Exxon Mobil Chemical Co. 3340 River Road Wilmington, NC 28412 Phone: 910-799-0144 DESIGN NARRATIVE McKim & Creed, PA Bill Egan, PE 448 Viking Drive Suite 100 Virginia Beach, VA 23452 Phone: 757-431-1002 Fax: 757-431-1032 The applicant is seeking a dredge permit for their property located along the Cape Fear River. The property address is 3340 River Road. The area to be dredged has been operating as a ship unloading facility since the 1950's. A copy of a 1982 maintenance dredge permit is attached. The applicant proposes to dredge an area of approximately 900' by 60' to a depth of - 41' below MLLW. The approximate elevation of the area to be excavated is -37' below MLLW with areas as high as -32' below MLLW. Several ships have encountered the river bottom at very low tides, and it has become mandatory to dredge this area. The applicant plans to dredge this area by way of hydraulic means. In total, about 8700 CY of material is to be removed from the river bottom. The material has been sampled and tested and is a silty material. The dredge spoils will be pumped to and deposited on Eagle Island. The SCS Soil Survey indicates that the upland site is mostly (Ur) Urban land, but also consists of small segments of Baymeade fine sand (Be) and (DO) Dorovan soils along the river. The Urban land consists of an area where the original soil has been cut, filled, paved, or graded so that most of the soil properties have been altered. The Baymeade fine sand is a well drained soil which is not subject to flooding, while the Dorovan soil portion of the area is characteristically a poorly drained soil. The project is within the drainage basin that drains to the Cape Fear River, sub basin DPF17, stream index number 18-(71), map number J27SW7, stream class SC. The CAMA land use classification is Conservation and the project lies within the 100 year flood zone. Enclosed with this package is the following: • Form DCM-MP-1 • Form DCM-MP-2 McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION 401 WATER QUALITY CERIFICATION Figure 1 - Vicinity Map River Road Wilmington, NC I Project Site _ i _ Y ATTACHMENT A PAGE 4 OF 34 17,x` 17 r r4.,r r ! ;? ??? i g /, y c 766 132 421 c 1 r, I ?M,- der _ ,. _ Y ? - r +? _ - -!ter - ?. ' ; Xm7T NORTH McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 5 OF 34 Figure 2 - Project Site River Road Wilmington, NC •' - - ._ 4 Dredge f Area ? ? 2 ? ti L? p - f?• ? y '??i?• ? ? ?J • ' i 1 '` ? ` k`l yI Jar `t _ } +? ? 4 ?- ?1_+ t g 4 McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 6 OF 34 ATTACHMENT 2 - USGS TOPO MAP McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 8 OF 34 ATTACHMENT 3 - STREAM CLASSIFICATION McKIM & Creed Project Number 126-0001 11/21/2005 ' DWQ PERMIT APPLICATION 401 WATER QUALITY CERIFICATION North Carolina Waterhodies Listed by County Note: Waterbodies are listed in more than one county if they cross county lines. Name of Stream Description Curr. Class Date Prop. Class Basin ATTACHMENT A PAGE 9 OF 34 Report Date: 07116104 Records Found: 60 Search Parameters: County: New Hanover Class: SpDes: Name: Desc: Index#: Stream Index # CAPE FEAR RIVER From raw water supply C;Sw 04/01/59 Cape Fear 18-(63) intake at Federal Paper Board Corporation (Riegelwood) to upstream mouth of Toomers Creek Catfish Creek From source to Cape C;Sw 09/01/74 Cape Fear 18-69 Fear River CAPE FEAR RIVER From upstream mouth SC 08/09/81 Cape Fear 18-(71) of Toomers creek to a line across the river from Snows Point (through Snows Marsh) to Federal Point Cartwheel Branch From source to Cape SC;Sw' 04/01/59 Cape Fear 18-72 Fear River Toomers Creek From upstream mouth WS-IV 08/03/92 Cape Fear 18-73-(1) to a point 0.8 mile upstream of mouth' Toomers Creek From a point 0.8 mile WS-IV;CA 08/03/92 Cape Fear 18-73-(2) upstream of mouth to mouth (City of Wilmington water supply intake) Northeast Cape From N.C. Hwy. 210 to. B;Sw 08/01/87 Cape Fear 18-74-(47.5) Fear River Prince George Creek Island Creek From source to C;Sw 07/01/73 Cape Fear 18-74-50 Northeast Cape Fear River Sturgeon Creek From source to C;Sw 09/01/74 Cape Fear 18-74-52 Northeast Cape Fear River Northeast Cape From Prince George C;Sw 09/01/74 Cape Fear 18-74-(52.5) Fear River Creek to mouth of Ness Creek McKIM & Creed Project Number 126-0001 Page 1 of 7 11/21/2005 n N ? N g go U7 (D Im (D STALE PORTS FtI d NORTH MAIN ENMAN,r a GRAPHIC SCALE 200 0 200 400 wwAASCN 1 IN. = 200 FT. 10. (D SCALE IN FEET c ? cr s? rr (D SITE ?{ IV CD jl ®er `s, ??'? •??? h VICINITY MAP - NOT TO SCALE If rl ! , ! k p, ,? -- ?? { If I ICI ! o O A'E: 06 jM 05 $CALE `V?IVI?,EQI? &CCREED EXXON CHEMICAL COMPANY MD- GO 448 Viking Driva „??=aN7A- ? WILMINGTON CHEMICAL TERMINAL aF9c,,Eo ..s '"'° , Suite too OFECxEO w,E ?RnOU: SK1 Virginia Beach. Virginia 23452 Phone: (757)431-1002, Fax: (757)431-1034 EROd- uCR. w..E NA AAX01567 E3=669' EXXON DREDGING APPLICATION StAN4 www.m?klmereed.eaa OVERALL SITE PLAN & VICINITY MAP Preliminory Design Not For Construction 0 D m p C D r- n m ;10 m n D O z O "o m D C7 D O z -U D mD C7 O Om n z w? AD N .A 0 D? ?p m ?m pm c? ?D m C7 ? mn n- D > DO i O z -U D 0? mD n 1 Om -n z w? ?D 9 EBB - CAPE FEAR SHIP CHANNEL -E ::? o N ;r" 0 0 (D (D a -o .0 (D. n z c 3 a* (D N O O O O • LAT[.- 09 .AN o5 nSCA `?"?w.`aA t ,TVTZIV&(MED EX XON CHEMICAL COMPANY I aewwe 448 Vking Drie, Suite 10o WILMINGTON CHEMICAL TERMINAL cE,nco KAS ?j Y &ia 2-0, Virgmlo 23452 CHECED w.E SI(J Phone: (757)431-1002, r.K: (757)431-1032 PRODYGF. we AAO 25E7 Eaooce4m EXXON DREDGING APPLICATION mckimcreed.co OVERALL DREDGING PLAN NORTH END 5r,1 s Preliminary design "A Not For Construction O D? m Om c? ?D C7 ? mn ?D DO > z O z ?D mD (7 N Om mz G3 AD r EBB CAPE FEAR SHIP CHANNEL ^1 ? F-l nnn Era =1adD?%Q PTE?RMIT APPLICATION L20 S?NIMV2i4lIAIDUIw1ad outopoJd\? ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 13 OF 34 Y a ? co fn A R R R R - - - C C O7O Y Y Y ? - z N cc ++ _ N # + A R R R # A >` N O O C 1 I 1 ? - - I - + + _ a w w ? w z w 8 v 8 v ?" 8 v 8 K U w p S O In R O VI S O Ul . 4 O N 1 I S O N K O U z 8 U z 3 + U Z 8 U z A Z R Y 0 Y 0 Y 0 Y o O J o 0 0 0 ° Q Z z a ~ R i 1^ f co F ? R rn R ?' z 0 L') j p Z _ F ? w O O O i,'; O O Q Q Z _ S ? S a }} 9 U O O U o v 0 W I (n ? Q 4 ? Y ?: Y { ..;t 4 Y J Q U W U Z O ? tt I U f ; i = W { U Z Of LLW O Q ,V Z F- p 0 0 Z w _ X Z O ? x o x w W R R A R A i Y Y Y Y 4 R R R + R R I , I 1 I I I I N H w I N t< I ?? 1 ry ? I N f- I I 8 I 1 8 V v { 8 Vl O v 8 m O n 8 N v T 8 p 8 O' S I O f + f S O 4 44 44 0 A - O } N 1 Vl V1 I Vl V) U A Z I 8 U z Y $ U Z Y Y U z Y A O Z Y O 0 d O J I O J ' O J O J ' A 4 + + .- z 0 9 ? N O w Z > 0? 0 A ] ? Z 0 j` ? . O Z o i Z 0 1 U w O U w w w? U w 4 t U w w I U1 N e w N C' V) C Vl rTl 1 O {1 ' ^ Y 4 w ~ a Y t 4?;? 4 ? 4 C V Q e I R R 1 R R 1 R o = .? + F } - E , 4F $ # + + ?( ..r + R own v N N y McK M & Cr r j t Numb 01 =m? 11/2 /2005 " > o E a ? s > DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 14 OF 34 ExxonMobil Dredge Permit Volume Calculations 1206-0001 Elevation -41 MLLW Dredge Depth Section Area SF Length Volume CF Volume CY 1 0 100 2700 100 2 54 100 12950 480 3 205 100 27650 1024 4 348 100 28150 1043 5 215 100 23450 869 6 254 100 25250 935 7 251 100 34500 1278 8 439 100 50900 1885 9 579 100 28950 1072 10 0 TOTAL 8685 McKIM & Creed Project Number 126-0001 11/21/2005 401 WATER QUALITY CERIFICATION PAGE y 15 CtO -,m?er Permit Gass STATE OF NORTH CAROL-IN A 1S2 is:t. r^.eae?;al Department of Naturai ite?o arses and Commorilty Development aril CoLstal RCSOUNCS CommiS.sian S.. for F=`=3 1?9? Nt.tjor D::•eioataent in an Area of Environmental u Conzern pursuant to'NCGS ] I3A-I1S OFFICE OF CAL MGT. WiLI•?Sit"dGTON, iJ, C. Fxcavauon oral or fdlinc pursuant to NCGS 1 13-119 Ex%o>: Ca-:pa r: , P. C. Bo:< 1751, Z.i1- ^?ton, NC 28409 .r111. - dc?clc_m:...:n Cnoe f.` - .p, i ' .`•. _ --t?^ .n'? ', . _cr or i ss the i'crmittce s a_olici.;on d- - pennit, issued un February 11, 1952 , is subject to compliance with the application ("'here consistent with the permit), all apphcabie regulations, special c?ndir.^ns and nores set forth telow. Any violation of these terms may subject permittee to a fine, imprisonment or civil action. or may c=usa the permit to be null and void. (1) That in order to protect anadramot!s and juvenile shrimp populations, no excavation or filling will be permitted between the dates of March 1 through September 30 of any year without the prior approval of the Office of Coastal "lanagement. (2'? 'fhat all excavated materials be confined on high ground bei;ind aceeuate dies or cther retaining structures to pre-vent spillover of solids into any marsh or surrounding waters. :l?at the dizp oral a--ea effluent ae contained by pipe, trOU?,h, or sir.':ilar 6e': is e to a • , int o t or helot:' t1iC ;lean low water mark to prevent • :l?' erosion and resultant unnecessa-": siltation. That the ter.-.anal end of the piaeiine no positioned at or greater than SO' from any part of the dike and a _a::imum distance from spillways to allow adequate settlement of suspended solids. (See attached sheet for :additional Conditions) This permit action may be appealed by the per ni':ee or other qualified persons within twenty (10) days of the issuing date. An appeal requires resolution prior to wori: 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. Any maintenance work or project modification not covered hereunder requires further Departmental approval.. All work must cease when the permit expires on February 15, 1983 ;KIM & dfb6TP?8j6WNUh_6?r 1t?6_bbdl of North Carolina /211KT that your project is consistent with the North Caro ina Coastal Management Program. Signed by tlhe authority of the Secrctan of DNRCD and the Chairman of the Coastal Resources Commission. Kenneth D. Stewart, Director Office of Coastal Management This permit and its conditions are her accepted. Signature of Permittee DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION Perini t :?o. PAUE 16 OF 34 ?::::Cn CO^1DLST:': Wilmington, ':C Sheet _' of .,%!)DJ T10NA1. CC)NI i TI0\S (5) That a :water control structure he installed at the intake end of the effluent p-'pe se as t:. assure compliance .it^ Cond. No. 7. (6) Thar the dike` disposal area must '^e constructed a sufficient distance from the HEW, line or any marshland, to elir..inate the possibility of dike erosion into or upon the .adjacent waters and/or marshland. ( 7) That in crd, _ to protect water quanli ts' , runoff from the construction area must nor Is'_- _v increa.=.e the amount of suspended sediments in adjacer,t -:stars. W!! ' in:^rce^:,nt personnel will determine an increase as sl nl: icant of suspen:.Te:.. ?c:Gli?=ntS is increased b\' 25 ..ution-_ Turhidit'. Lni-_ s. McKIM & Creed Project Number 126-0001 11/21/2005 • DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 17 OF 34 APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER LAMA PERMIT FOR MAJOR DEVELOPMENT Dtpwvrm.mt of Adminlstratlon Snu of North Carotl- Dopartment of the Army (GS 146-12) Department of Natural Resources and Community Development Corpsof Enalnwn,WllmlrcWA Db"t (GS 1,13-229,143-215.3(1)(1), 143-215.3(c), 113A•119 (33 CFR 209.320.329) pk se type or print and fill in all blanks. If information is not applicable, so indicate by p4cln; N/A in blank. 1.. Applicant Information A. Name -- - -- Last First Middle B. Address ?• 0• Box 1350 Street, P. O. Box or Route Sdi1minr~ton North Carc?ina 284C2 799-0: 15 City or Town State Zip Code Phone 11. Location of Proposed Project: A. County New Ha: over B. J. City, town, community or landmark River Road -Gape Fear River 2. Is proposed work within city limits? Yes No C Creek, river, sound or bay upon which project is located or nearest named body of water to project Cane Fear River III. Description of Project A. 1. Maintenance of existing project X 2. New work JJ?A B. Pur se of o?cavation or fill I ri r length 5?t width Z25r 1. ' r ?Q S t depth p ' ? p S 114-7 2. BoaCiRSm length 1 00 0 " width ' depth - 40r t1'?{ w 3. Fill area )cnglh width depth 4. Other length width depth G 1. Bulkhead length NSA Average distance waterward of NlHW (s horeline) NIA 2. Type of bulkhead construction (material) N/A . D. Excavated material (total for project) 1. Cubic yards 7000 2. Type of material Silt & Sand E. Fill materiel to be placed below MHW (see also VI. A) 1. Cubic yards 2. Type of material IV. Land Type, Disposal Area, and Construction Equipment: A, Does the area to be excavated include any marshland, swamps or other wetland? Yes No X B. Does the dispnsal area include any marshland, swamps or other wetland? Yes. X No C• Disposal Area 1. Location Earle Island 2. Do you claim title to disDosal area!- No D. Fill material source if fill is to be trucked in NIA E. How will excavated material be rntrapped and erosion controlled? Confined Dike Area F. Type of equipment it) be used Nydra1zlt e. Dredge Line to DJsGhsrye Site G. Will marshland be crossed in transporting equipment to project site? If yes, explain No E>,.cn Company, U. S. A. McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION 401 WATER QUALITY CERIFICATION V. ?ra:??ad We of trojoct Ana (Derctf--6) A_ 1 Private ATTACHMENT A PAGE 18 OF 34 2. Corrsmcrcial Refined Oil Distribution Point 3. housln= Devcbpmcnt or Industrial - - - 4. Other B. 1. Lot size(s) N/A - 2 Elevation of lot(s) above mean high water hilt & Sand 3. Sail type And texture 4. Type of building facilities or structures N/A S. Sewage disposal andior waste water treatment A. Exisdng N/A Planned h S. Describe I?/y 6. Land Classification (cireic one) DEVELOPED TRANSITIONAL COMMUNITY RURAL . CONScRVATIO.', OTHE? (See CAMA Local Land Use Plan Synopsis) Vl. Prtainin; to Fill and Water Quality: A. Does.the proposed project in.oive the placement of rill materiais beiow mean high water? Yes, No B. t. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following proiect completion? Yes- No y 2- Type of discharge rWater Sand Silt 3. Location of discharge Eagle Island VII. Preunt rate of shoreline crmion (if known): NIA Vill. List permit numbers and issue dates of pmvious Department of Army Corps of Enrtineers or State permits for work In project area, if applicable: 6/23/70-State Perrat 4182. Dept.of Array Corp. of En #5270 6/2? IX. L.cngth of time required to complete project: 2 days X. In addition to the completed application form, the following items must be provided: Attach. a copy of the deed (with State application only) or other instrument under which applicant claims title to the affe-cicd property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. 'Attach an accurate work plat drawn to scale on 8% X 11" white paper tsee instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below, Babcock & 'V4_2ccYx - North - - Gold Bond - South XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolinas approved coastal management program and will be conducted in a manner consistent with such program. XII. Any permit issued pursuant to this application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. n?°A? c 11/21/200 TJJtL;L er 126-0001 Applicant's Signature DAF-87 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS M Z IL w o 2m r r w CD Qom. PROPOSED MAINTENANCE DREDGING A R (coves Egrr ?rrrr) /'M• , steno IN/.C OGIAN ?-- ' Y I •••. O I ti WIANINlro,V •• It-rt }rj t•? ?? ?,t tlt Nt N.1 +,.._1 -14.f 90-ru.v A"& ' t•1 Pll l 1 ?; if t -M r t r t t 1 f 1 f t r - O? ,1 rl Mr r1 ?t ty 1•I N} ITS ll rL trv jj'1 Ilt Y'• -ll+ 1'1 Apt 1'f rL v1`?( 1ff rt y1f t/. e• M.r Z Q y1 y, Itf t1t e'• tf? ,1.. ?. Nl fk rL t,S r? r.? 1 1 1 r r 1 1/ ? .?.-- f P N t .... I. + l- l Ir 1 i 1 ---t t r 1 ?? r '14 ? '14 ?. r •. Q Ll- V ye o.. --/. la 1 ?.1 r• 'I.1 ?.t 1'' r? fl ?1 rl •?.t 11 1 L +.1 ft .! 1 .1 ?.1 ? ? -r - 11= 1=-=.f_?I'i' fJ : 1 1 1 , s• )1 -fir 11 -sT'iC??; ? , ,.i`??_?-1? -+'1=,sr-,?-1?,?-mot _ .- s --t- ?_?? • ? J t}}--- , 1+ 1 , ,'r 1 1 ,(1;• P ?,.• -rl r I+ II 1. tt., _ t,w _ VA x- -- - 0 ? , , , J >' .+ ,+' J' ,) ,' J • s+ Os 10 p' yf f t It Q 1'' tf 1' / f Tr' Iv' ? ? 1+ ?f ,,r i? .r' r•t Ir' ,? ,a ' ` _ ?c- J +.+t Itl 1?• tl1 1 ''+ IYt t.? I! 1, Ir 1<< +. ,( 1, ,If III 11.1, 11.• ?t 1?. >1 n, r C ( tool , , 1 >? , i' l' I+ 1 1 \ t Yt itCl,l 1+ 1 r. .. 1+ 1? .? W d +t r• ,• r r , t 1^ /1 1 r7 v + 1 t • rt 1 1 w _ .. .. - , Ir` r ,T` ,,+ y. QI ,, 1 t 0 t+ / + L It 1 ,T ,1 ,, 1. 1'f , + 1 1 11.1 • , , , ' -1:5 r C2 ? ?I r 1 '? rl Ir `` 1 t yl 11 T 1 I 1`' 1 1 ,I -, ?/ t.-• 7) 1RD tU¦ L--d surf rvxr7 la WTO JAR 17. 1"o 1R0 rltl""rr ? o Cl Z K V r t,? ?T rAV. D? norxm RJIrr 57-1o D/t1m JoT If. Ina. f) ca r70Rtl um "mm" W= mm= m" m? I" "rr3. )) t[100YL Um Ptpmmrl I7orCm IUt1TIIr1Cl wrorwo sm. '1 ( I? 1 11 W?DUTU :a=nal ll3 DmIUtTD rl I'm 1"m nit tai 111112 (hal 0.0 a , f) 1r110r-n LT 1.000 R PurmuL ro rt micrID 111T17JC1I0 Alrxl. .aD l.Irtmwl rsjrotn ). Ito = D[mi lLp"of CrxTlx q 20-3 "T' . 0. C. el L :T- P MY ?:. ^.trwm a..rr _. EXXON COMPANY U.S.A. P. d. &A 050 wlLMINGTON, N. C. 06 2 77 J_....?? - - -- --- ___•? DWQ PERMIT APPLICATION _ 401 WATER QUALITY CERIFICATION i DEPARTMENT OF THE ARMY SAVANNAH DISTRICT, CORPS OF ENGINEERS NC AREA REAL ESTATE OFFICE --/ P.O. BOX 350 INIONCURE, NORTH CAROLINA 27559-0350 REPLY TO ATTENTION OF: Real Estate Division November 16, 2005 ATTACHMENT A ? F 34 t r NOV 18 2005 iM CriuoMdal &604 e. ED SUBJECT: Proposed License No..DACW21-3-06-3906 to Exxon Mobilplacement of dredged material into Eagle Island Disposal Area (EIDA), Wilmington Harbor, New Hanover County, North Carolina Mr. Bill Egan McKim and Creed 448 Viking Drive, Ste 100 Virginia Beach, Virginia 23452 Dear Mr. Egan: I have enclosed four copies of subject license for your review and signature. The proposed license allows Exxon Mobil to deposit approximately 8,700 cubic yards of spoil material into Eagle Island Disposal Area (EIDA), Wilmington Harbor, New Hanover County, North Carolina. The instrument is for a total of twelve (12) months beginning 10 November 2005 and ending 09 November 2006. If you are in agreement with the terms and conditions of the proposed license, please have the appropriate official sign all copies, execute the Corporate Certificate and return all copies along with remittance in the amount of $1,300.00. This payment comprises the administrative fees ($500.00) associated with the preparation of this license and monitoring fee ($800.00) for the term of the license. The remittance should be made payable to the Finance and Accounting Office, Savannah District. Cheeks have already been received for the above project. McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION 401 WATER QUALITY CERIFICATION ATTACHMENT A PAGE 21 OF 34 Upon Execution on behalf of the United States, a fully executed copy will be furnished you for your records. Should you have any questions regarding this action, you may contact me at (919) 524-6393. Sincerely, I Patricia A. Holmes Team Leader NC Management Team Enclosures Copy furnished: Mr. Robert Keistler Navigation Project Manager Department of the Army Wilmington District, Corps of Engineers 69 Darlington Ave Wilmington, NC 28402 Department of the Army Savannah District, Corps of Engineers Attn: CESAS-RE-RM (Bruce Bringman) P.O. Box 889 Savannah, Georgia 31402-0889 Department of the Army Wilmington District, Corps of Engineers Attn: Mr. Justin Arnette P.O. Box 1890 Wilmington, NC 28402 McKIM & Creed Project Number 126-0001 11/21/2005 2 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 22 OF 34 DISTRIBUTION: DATE ;CESAW-PM-C ; CESAS-RE-R.Mi /N CESAS-RE-RM ; EXXON MOBIL DEPARTMENT OF THE ARMY LICENSE NO. DACW21-3-06-3906 EXXON MOBIL EAGLE ISLAND DISPOSAL AREA WILMINGTON HARBOR NEW HANOVER COUNTY, NORTH CAROLINA WHEREAS, THE UNITED STATES OF AMERICA, hereinafter called the "GRANTOR" has acquired an in fee the lands hereinafter described for the operation and maintenance of the Wilmington Harbor, Wilmington, North Carolina, including that particular property designated as Eagle Island Disposal Area. WHEREAS, the Wilmington District, U.S. Army Corps of Engineers is responsible for the Wilmington Harbor Project and as such is responsible for the operation and maintenance of the Eagle Island Disposal Area and the North Carolina State Ports Authority (SPA) is responsible for providing all real estate interest required for the Project and, SPA shares the cost of disposal area dike construction with the Government and; WHEREAS, EXXON MOBIL, hereinafter called the "GRANTEE", has acquired from the Wilmington District Engineer concurrence for the placement of approximately 8,700 cubic yards of spoil material into the Eagle Island Disposal Area. This instrument is effective November 10, 2005 and expires on November 09, 2006. NOW THEREFORE, the Grantor does hereby agree for the Grantee, to place spoil material in the Eagle Island Disposal Area as identified on Exhibit "A", attachedot-creto, and to utilize said property in accordance with the terms and conditions stated below: 1. The consideration for this License is: a. The Grantee shall remit a check in advance made payable to the Finance and Accounting Officer, Savannah District in the amount of One Thousand Three Hundred (51,300) dollars for administrative fees associated with the preparation of this license ($500.00) and monitoring fee ($800.00). Subject check shall have the license instrument number (DACW21-3-06-3906) printed in the lower left hand corner of said check. The check should be forwarded to the U.S. Army Corps of Engineers, Savannah District, ATTN: RE-RM, Post Office Box 889, Savannah, Georgia 31402-0889. McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A LICENSE NO. DACW21-3_& B46ER QUALITY CERIFICATION PAGE 23 OF 34 WILMINGTON HARBOR, NEW IIANOVER COUNTY, NORTH CAROLINA b. Prior to commencing operations the Grantee shall remit a check made payable to the Finance and Accounting Officer, Wilmington District, in the amount of Twenty One Thousand Seven Hundred Fifty Dollars ($21,750.00) based upon the anticipated volume (yardage) of disposal material placed in the Eagle Island Disposal Area (8,700 cubic yards). c. The actual total volume of material deposited by Grantee shall be determined by pre and post surveys (see Condition 18). Should the amount of material deposited in the disposal area exceed 8,700 cubic yards, the Grantee shall make payment for this overage at the current disposal fee rate of S1.5.0 per cubic yard. Subject check shall have the license instrument number (DACW21-3-06-3906) printed in the lower left hand comer of said check. Check shall be made payable to the Finance and Accounting Officer, Wilmington District. This payment should be forwarded to the U.S. Army Corps of Engineers, Wilmington District, ATTN: SAW-PM-C, Post Office Box 1890, Wilmington, North Carolina 28402-1890. Said payment shall be made within 30 calendar days of completing dredging operations. d. Should the amount of dredged material deposited by Grantee in the Eagle Island Disposal Area be less than 8,700 cubic yards, Grantor shall reimburse Grantee for the determined underage at the rate of $1.50 per cubic yard. 2. Special Conditions a. The Grantee shall schedule on site pre-work and post work meetings with Mr. Robert Keistler, Wilmington District's POC, 910-251-4709. b. Two (2) representatives of the contractor shall be stationed at the disposal site at all times during the dredging operation. . c. All work shall be conducted in accordance with applicable Department of the Army (DA), North Carolina Division of Coastal Management (NCDCM), and North Carolina Division of Water Quality Permit (NCDWQ) authorizations. d. All equipment and materials, other than dredged material, must be removed from the property within 14 days after completion of the dredging operations. e. Specific dredged material disposal events shall be subject to review and approval of the Wilmington District Engineer or his authorized representative. Approval of specific disposal request is dependent on the schedule of activities at the identified disposal facility as well as available capacity. Prior to commencing with any dredging, the Grantee, along with the Grantee's dredging contactor shall meet with Mr. Robert Keistler. The proposed meeting is to schedule the Grantor's dredging work and the private party dredging work with assurance that the Grantor's work can be completed within the environmental hydraulic dredging window in the upper Cape Fear River. The Wilmington District Engineer or his representative reserves the right to unilaterally deny use of Eagle Island Disposal Area to the Grantee for use as a dredged material disposal site based on the scheduling meeting outcome. McKIM & Creed Project Number 126-0001 11/21/2005 q DWQ PERMIT APPLICATION ATTACHMENT A LICENSE NO. DACW21-3- fd_A?ER QUALITY CERIFICATION PAGE 24 OF 34 `VILIIINGTON HARBOR, NEW HANOVER COUNTY, NORTH CAROLINA f. Grantee will be required to demonstrate that the dredged material to be placed in the disposal basin is not contaminated and is compatible with management plans for the facility (see Condition 17). g. The Grantee shall provide the Wilmington District Engineer, pre and post surveys conducted by a licensed surveyor, together with computations showing the quality of material placed in the disposal area. The pre-survey will be submitted ten (10) days prior to commencement of the operations and the post-survey will be submitted within ten (10) days after completion of the operation 3. It is understood that this license is effective only insofar as the property rights of the Grantor in said disposal area. 4. That the exercise of the privileges hereby agreed to shall be without cost or expense to the Grantor, under the general supervision and subject to the approval of the officer having immediate jurisdiction over the property, hereinafter referred to as "said officer", and subject to such regulations as may be prescribed by the Wilmington District, from time to time, including, but not limited to, the special conditions, requirements and specifications set forth in Item 2, Special Conditions. 5. That the Grantee shall supervise said disposal operations and shall. immediately repair any damage found therein as a result of such operations, or when requested by said officer. 6. That any property of the Grantor damaged or destroyed by the Grantee or his agents incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Grantee to the satisfaction of the said officer, or in lieu of such repair or replacement, the Grantee shall, if so required by the said officer and at his option, pay to the Grantor money in an amount sufficient to compensate for the loss sustained by the Grantor by reason of damage to or destruction of Grantor property. 7. That the Grantor shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein. granted, or for damages to the property of the Grantee, or for damages to the property or injuries to the person of the Grantee, or the persons of Grantee's officers, agents, servants, or employees or others who may be on said premises at their invitation or the invitation of one of them arising from Grantor's activities on or in the vicinity of the said premises, and the Grantee shall hold the Grantor harmless from any and all such claims, not including damages due to the negligent or willful misconduct of the Grantor's officers, employees or its contractors. 8. That the Grantor shall in no case be liable for any damages or injury to the Grantee's herein authorized which may be caused by any action of the Grantor, under the rights obtained in its dredge material easement, either hidden or known, or that may result from future operations undertaken by the Grantor, and no claim or right to compensation shall accrue from such damage McKIM & Creed Project Number 126-0001 11/21/2005 4? DWQ PERMIT APPLICATION ATTACHMENT A LICENSE NO. DACW21-3-U?-W6ER QUALITY CERIFICATION PAGE 25 OF 34 WILMINGTON HARBOR, NEW HANOVER COUNTY, NORTH CAROLINA or injury, and if further operations of the Grantor require the use of the area herein authorized, the Grantee shall, upon due notice from the Wilmington District Engineer, cease all operations without expense to the Grantor and no claim for damages shall be made against the Grantor. 9. The exercise of the privileges hereby agreed to shall be conducted in such a manner as not to conflict with the rights of the Grantor, nor to endanger lives and safety of the public. 10. This license may be terminated by the Secretary of the Army upon reasonable notice to the Grantee if the Secretary of the Army determines that disposal operations to which this license is hereby granted interferes with the use of said land or any part hereof by the Grantor. This license may be annulled and forfeited by declaration of the Secretary of the Army for failure to comply with any and all of the provisions and conditions of this instrument. 11. That upon the relinquishment, termination, revocation, forfeiture or annulment of the license, the Grantee shall vacate the premises, and remove all property of the Grantee there from. If the Grantee shall fail or neglect to remove said property and so restore the premises, then at the option of the Secretary of the Army, the said property shall either become the property of the Grantor without compensation therefore, or the Secretary of the Army may cause it to be removed and the premises to be restored at the expense of the Grantee, and no claim for damages against the Grantor, or its officers or agents, shall be created by or made on account of such removal and restoration. 12. Without prior written approval of said District Engineer the Grantee shall neither transfer or assign any of the privileges herein agreed to, nor grant any license or interest whatsoever in, under, or upon any of the lands included under this license. 13. That the Grantee within the limits of his/her respective legal powers shall comply with all Federal, interstate, state, and/or local Grantor regulations, conditions or instructions for the protection of the environment and all other matters as they relate to real property interests granted herein. 14. Except as otherwise specifically provided, and reference herein to "Secretary", "District Engineer", "Installation Commander", or "said officer" shall include their duly authorized - representatives. Any reference to "Grantee" shall include assignees, transferees and their duly authorized representatives. 15. The Grantee shall provide the Wilmington District Engineer, ATTN: SAW-PM-C, a copy of the North Carolina Department of Environment and Natural Resources, Division of Water Quality Section 401 permit certification within 30.days of receipt of License No. DACW21-3-06-3906. If certification has not been provided within the 30-day time frame, the instrument shall become void. McKIM & Creed Project Number 126-0001 11/21/2005 4U6Da DpW,Q PERMIT APPLICATION ATTACHMENT A LICENSE NO. DACW21-3--3J(ER QUALITY CERIFICATION PAGE 26 OF 34 WILMINGTON HARBOR, NEW HANOVER COUNTY, NORTH CAROLINA 16. The Grantee's use of the'area is not to interfere with any on going work within the disposal area. The Wilmington District Engineer reserves the right to temporarily deny the use of the area, specify the location of the discharge lines or whatever he deems necessary to protect the Grantor's interest. 17. The Grantee, in accordance with the Wilmington District Engineer's requirements, shall test all materials to be placed in the Eagle Island Disposal Areas. Testing requirements may be obtained from the Wilmington District's Project Manager ATTN: (SAW-PM-C). The use of the Grantor's disposal area will not be approved until the sediment testing results have been submitted and accepted by the District Engineer. 18. The total volume of all material removed shall be measured by the cubic yards removed from the dredging area, by computing the volume between the bottom surface shown by the soundings of a survey before dredging and the bottom surface shown by the soundings of a survey made as soon as practicable after the completion of the dredging. A before dredge hydrographic survey must be performed and submitted with quantity calculations, of the Wilmington District prior to commencement of dredging. An after dredge hydrographic survey, with quantities, is required following the dredging activities. THIS LICENSE is not subject to Title 10, United States Code, Section 2662, as amended. McKIM & Creed Project Number 126-0001 11/21/2005 qa DWQ PERMIT APPLICATION ATTACHMENT A LICENSE NO. DACW21-3-& 04ER QUALITY CERIFICATION PAGE 27 OF 34 WILMINGTON HARBOR, NEW HANOVER COUNTY, NORTH CAROLINA IN WITNESS WHEREOF, I have hereunto set my hand, by authority of the Secretary of the Army this _ day of , 2005. UNITED STATES OF AMERICA EXXON MOBIL, accepts this license instrument and the terms and conditions stated herein this - day of , 2005. EXXON MOBIL PLEASE SIGN & DATE By: Title: WITNESSES: McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A 4,01 ATER QUALITY CERIFICATION PAGE 28 OF 34 LICENSE NO. DACW21-3-- 06 WILMINGTON HARBOR, NEW HANOVER COUNTY, NORTH CAROLINA CORPORATE CERTIFICATE I, , certify that I am the of EXXON MOBIL, that who signed the foregoing instrument on behalf of the company was then of the company. I further certify that said officer was acting within the scope of powers delegated to this officer by the governing body of the company in execution of said instrument. PLEASE SIGN & DATE SIGNATURE: DATE: (SEAL) McKIM & Creed Project Number 126-0001 11/21/2005 7 DWQ PERMIT APPLICATION ATTACHMENT A LICENSE NO. DACW21-3 401 fi ER QUALITY CERIFICATION PAGE 29 OF 34 WILMINGTON HARBOR, NEW HANOVER COUNTY, NORTH CAROLINA ACKNOWLEDGEMENT STATE OF GEORGIA) : ss COUNTY OF CHATHAM) Before me a Notary Public in and for the County of Chatham, personally appeared to me known to be the identical person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the said instrument by direction of the Assistant Secretary of the Army (I, L&E) for the purpose therein expressed as the act and deed of the United States of America. GIVEN under my hand and seal, this day of 920. NOTARY PUBLIC (SEAL) My Commission Expires: McKIM & Creed Project Number 126-0001 11/21/2005 M z LL cWO G Q M (= <'Wn V Q d z _O z? O0 U ?L_ Uor-' W Q ?Q W cyt-LJ off., 9 0 N 4 STATE POql, NORT14 vAM Uri GRAPHIC SCALE 200 0 200 400 ., r,tLu are 1 IN. = 200 FT. t SCALE IN FEET a i a SITE VICINITY MAP - NOT TO SCALE u )T _ fjj ?`? I ':,eir rear • ' mr,•e..n e ? =c_?=..?= f %?rp t. o a o . fl N r DAIL 4f .raw M •r ?e SCALE c..a ? =M_. NnMl&CREED LICENSE NO. EXXON CHEMICAL COMPANY ran:ON,AI. .,. WILMINGTON CHEMICAL TERMINAL SRI ue L'kMp Nlw. Suits Im ACW21-3-06-3906 ?e?eo ?,? KATKw VrQnla Ueo<h• L'rQinrn 23152 vn.n. 1757l431-1002, r.e: (757)131-1032 EXXON DREDGING APPLICATION AAeooreer liocoeen revt ..,.n<.• <re.a.•o„ OVERALL SITE PLAN & VICINITY MAP Prellminory Design Not For. Construction b- U? 06 °o N U N r i ?? FICATION Hasa ?+ae,w+rn ? 31 e ru" MOW .,.wq wuw ininww w Imo 21 x V R '/2005 A 34 ExxonMobil Chemical Company DWQ PERMIT APPLICATio o .1. Ferrone ATTACHMENT A 13501 Katy Freeway. 401 WATER QUALITY CERIFIC 72AIT GIJTerminal Supervisor PAGE 33 OF 34 Houston, TX 77079-1398 Intermediates Americas 281-870-6817 Telephone 281-870-6802 Facsimile E-,Ar®nMobil Cheinzcal January 21, 2005 Mr. Kenneth Sisk, P.E. McKim & Creed, PA 448 Viking Drive, Suite 100 Virginia Beach, VA 23452 Re: Wilimington Terminal Dredge Permit Project #1206-0001 Ken, ExxonMobil Chemical Company hereby authorizes McKim & Creed to act as agent regarding our application to obtain a dredge permit. The permit is for our Wilmington, North Carolina property located at 3340 River Road. Regar , G Dgory J. Ferrone GREGORY J.FERRONE MANAGER-MARINE AND TERMINAL OPERATIONS EXXONMOBIL CHEMICAL McKIM & Creed Project Number 126-0001 11/21/2005 ?0,.-°-" ??'Q DWQ PERMIT APPLICATION ATTACHMENTA QC. 401 WATER QUALITY CERIFICATION William G. Rom ec34taOF 34 Uj North Carolina Department of Environment and Natural esources 't Alan W. Klimek, P.E. Director otW?ter Uality .? fir.. <•, W.? c? r vc1 R4 November 9, 2005 NOV 18 2005 Exxon Mobil Chemical Company 3y a j - --y Greg Ferrone r 13501 Katy Freeway Houston, TX 77079 Subject: EXEMPTION Stormwater Project No. SW8051105 South Wilmington Terminal Maintenance Dredging New Hanover County Dear Mr. Ferrone: The Wilmington Regional Office of the Division of Water Quality received a copy of the CAMA Major Permit Application for excavation of material from existing berth on November 1, 2005. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy of this letter, we are informing you that your project will not require a stormwater management permit, If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis at (910) 796-7215. Si cerdly, Edward Beck Regional Supervisor Surface Water Protection Section ENB/ arl: S:1WQS\STORMWATIEXEMPT\051105 Nov. 05 cc: Tony Roberts, New Hanover County Inspections Doug Huggett, DCM Linda Lewis Wilmington Regional Office Central Files McKim & Creed McKIIJV reed P[Qiect Nttmher 126r nnJ 11 /21 /R99, arotina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Service 1.-877.623.6748 Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet: h2o.enr.state.nc.us *rQat.n.._..r._.. November 22, 2005 The following project is also being reviewed as a CAMA Express (you may have already reviewed it): Exxon Mobil South Wilmington Terminal 3340 River Road Maintenance Dredging DWQ Project # 05-2010 D NO V 2 3 2005 ?• OS? .'D S7 {?QUALITy emucti The project requires a 401 and is permitting it through the Express program If you have questions call Joanne Steenhuis (910) 796-7306 Thank you! ?MCKEV&cREED M&C 1206.0001 November 21, 2005 Joanne Steenhuis Division of Water Quality 127 Cardinal Ext. Wilmington, NC 28405 Re: ExxonMi obil South Wilmington Terminal 3340 River Road, Wilmington, NC, 28412 Dock Maintenance Dredging Joanne, Please find attached a check for $1000 and the DWQ application and supporting attachments for the above referenced project. Thanks B1Ean Attachments • Check Referenced • McKim& Creed DWQ Application ?v NT40\ &CREED v Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. 2J_?5 - ZU4o (If any particular item is not applicable to this project, please enter "Not Applicable" or " tviA' .) 1. Processing, 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ N 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: CAM- r%Exoti? 5s w 1'wwi? 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), c 1@@M0Y[900 II. Applicant Information NOV 2 3 2005 1. Owner/Applicant Information t, DEURY`WATER QUALITY Name: GQ?G -i:?teaKje - EC5(om ?OaFL Cif ? ,2, ?.nrrae !<4T?/ ?R U1?H Mailing Address: (3 561 1-Icl?S-rrat..? Tic 77y79 Telephone Number: Z-b l - 8-70- 4a 8k7 Fax Number: tb I - B-70 - X802 E-mail Address: pre- I art., Fey-r-opexlon mdoil • com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: W1U Ja EGAa Company Affiliation: NcK1 u 4 CQ+=En Mailing Address: -kA 8 Vt V-t jG 0 Qku So I TZ- Ico Telephone Number: Z!57--431.10o2 Fax Number: 157- . 31- 1037- E-mail Address: he- a n me V-A W. (,VeQ . Cow` Page 5 of 12 III. Project Information Attach a. vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than I1 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of prof ect: S UTr A OJIL tU L KJC- Q TEi1JA JAC_... MAt wF(;yA ?_XL D p6t Qr, 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 3343 13,veL 2oA.0 LQtLM1QM,-t- i C 4. Location County: 1 EVi gAW6QeL_ Nearest Town: ??it-?1??1G-cq` a , WC. Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): 1 M\t_ 5NrrH f- W1LLAt&3G-,-o" P0,Z7 a ?JU-N O,.J ht,U FR 2040 5. Site coordinates, if available (UTM or Lat/Long): 5X-16'- ?7°-5-7'- 24" W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 5t? Ac_<, .. _ 7. Nearest body of water (stream/river/sound/ocean/lake): CAPS F?AC. 2-,\JkfL 3. River Basin: C,PEA?.2.. (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: 1Nws- (t_? . - TA,1-1t'_ PAe_iA - 5,-ii° Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: MMtrr?,mxucE D12r-rir t,Zd 11?OF dc?s fhc WF,sT c5rne- T44e PXY(V f-'- 'A)ta.. 6f. tits poste 2 A- Pe-e tl PPfio;e o ?-cE MA C 8v Use.o E C sc. &TrAcsr(- -0 LFTiEz*'ee Licf-, c AGevr-tie ,. D?1rE0 11-2-7.0 s) . r4e_ Ofsi Nl _ 8f.. ludco: azy-0. 4 4-rmutxtK&.. r `A;'' i'7 ?A a?-zs4 11. Explain the purpose of the proposed work:: 1:)WGwc. 1S 2fwiv.r? -t* 4uc?-j ?, rT'ru? iF0 5f4t p U"Lod,P7io.36 lsJ Ttf-E- F-Y343" ?JO61 . TU-4tA1X3Al. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is.a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. P?ea/cc>J.S J?IA??-; ?,?,?c?. ??nc.n?? 1?f_?.??r. Sew ,?-rrnc?-tn?.?.?.??-- ? ? ???<5 0? 3a? V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. WLkT kUA,tJCx-- Wtu 2-(- eg,)u,njcD To Cov,z?uc. Fcfro?t,; 25NlP OAJLo,ao,r1G uct-t? . VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Provide a written description of the proposed impacts: M 4f Lrf iA,3Cr, '02t.®4,tar, o(- A t5i_:{ X0 4 x Go ?,,- wtoF. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact (acres Located within . 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FERIA Map Service Center at 1-800-358-9616, or online at h(tt):H%vww.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: N+, Total area of wetland impact proposed: NA, 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) AJ 4- * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-353-9616, or online at www.usgs.eoy. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozonc.com, www.mapguest.com. etc.). Cumulative impacts (linear distance in feet) to all streams on site: A/A- Page 3 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma) Type of Impact* Area of Impact acres Name of Waterbody (if applicable) . Type of Waterbody pond, estuary, sound, (lake, bay, ocean, etc. ?•Z. CaFea,z ???G2 Krvext.. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): A1,4 Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): 444- Size of watershed draining to pond: /VA- Expected pond surface area: A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. De'EotiuG IS 2E??t -rp A/b?w-rA?,y aPf?? --rcoJ ?t .f?Ntp UIJCOa3o«.16 7 ELLI o'l lk- VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review die current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http:/ih2o.enr.state.nc.us/ncwetlands/strmgide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration - Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.ne.us/wM/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): 140. Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): -- Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federaUstate) funds or the use of public (federaUstate) land? Yes ? No L. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N A - )? Yes ? No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 C) . 3 2 C> 1.5 Total Zone I extends out A feet perpendicular from near banK of channel; Gone L extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. MA- XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. N?- XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N4 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes ? No [K Is this an after-the-fact permit application? Yes ? No ®. XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit-the- application-sufficiently. in advance of desired constriction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). t /21 lb 5- Applicant/Agent's Signature Date (A is signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 1 OF 34 FOR EXPRESS PERMIT REVIEW DREDGE PERMIT DESIGN NARRATIVE AND SUPPORTING CALCULATIONS EXXON DREDGING PROJECT Wilmington, NC New Hanover County Project # 01206-0001 January 2005 Prepared for: Exxon Mobil Chemical Co. 3340 River Road Wilmington, NC 28412 . (910) 799-0144 -- Prepared by: McKim & Creed, PA 448 Viking Drive Suite 100 Virginia Beach, Virginia 23452 (757) 431-1002 McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 2 OF 34 Table of Contents DESIGN NARRATIVE ATTACHMENT 1 - NEW HANOVER COUNTY SOIL SURVEY ATTACHMENT 2 - USGS TOPO MAP ATTACHMENT 3 - STREAM CLASSIFICATION McKIM & Creed Project Number 126-0001 11/21/2005 Page i DWQ PERMIT APPLICATION 401 WATER QUALITY CERIFICATION APPLICANT CONSULTANT ATTACHMENT A PAGE 3 OF 34 Exxon Mobil Chemical Co. 3340 River Road Wilmington, NC 28412 Phone: 910-799-0144 DESIGN NARRATIVE McKim & Creed, PA Bill Egan, PE 448 Viking Drive Suite 100 Virginia Beach, VA 23452 Phone: 757-431-1002 Fax: 757-431-1032 The applicant is seeking a dredge permit for their property located along the Cape Fear River. The property address is 3340 River Road. The area to be dredged has been operating as a ship unloading facility since the 1950's. A copy of a 1982 maintenance dredge permit is attached. The applicant proposes to dredge an area of approximately 900' by 60' to a depth of - 41' below MLLW. The approximate elevation of the area to be excavated is -37' below MLLW with areas as high as -32' below MLLW. Several ships have encountered the river bottom at very low tides, and it has become mandatory to dredge this area. The applicant plans to dredge this area by way of hydraulic means. In total, about 8700 CY of material is to be removed from the river bottom. The material has been sampled and tested and is a silty material. The dredge spoils will be pumped to and deposited on Eagle Island. The SCS Soil Survey indicates that the upland site is mostly (Ur) Urban land, but also consists of small segments of Baymeade fine sand (Be) and (DO) Dorovan soils along the river. The Urban land consists of an area where the original soil has been cut, filled, paved, or graded so that most of the soil properties have been altered. The Baymeade fine sand is a well drained soil which is not subject to flooding, while the Dorovan soil portion of the area is characteristically a poorly drained soil. The project is within the drainage basin that drains to the Cape Fear River, sub basin DPF17, stream index number 18-(71), map number J27SW7, stream class SC. The CAMA land use classification is Conservation and the project lies within the 100 year flood zone. Enclosed with this package is the following: • Form DCM-MP-1 • Form DCM-MP-2 McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 4 OF 34 Figure 1 - Vicinity Map River Road Wilmington, NC McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 5 OF 34 Figure 2 - Project Site River Road Wilmington, NC McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 6 OF 34 ATTACHMENT 2 - USGS TOPO MAP McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 8 OF 34 ATTACHMENT 3 - STREAM CLASSIFICATION McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION 401 WATER QUALITY CERIFICATION North Carolina Waterhodies Listed by County Note: Wateroodies are listed in more than one county if they cross county lines. ATTACHMENT A PAGE 9 OF 34 Report Date: 07116104 Records Found: 60 Search Parameters: County: New Hanover Class: SpDas: Name: Desc: Index#: Name of Stream Description Curr. Class Date Prop. Class Basin Stream Index # °°y7?v-°+'?'^?+s-v---« 4 --`rac.•a.. .??1'?^ *" r? ?r Jr's!'c" 7^/'gi1Vr(•y',7ir»-...,+-•? .. Gr"'_'.j?T*?aT'*r^T^Ti`^c°".°"'? 51 V, L '1« 1 ?" S S ? ? ?h h r Sy 3-iF? Hanover Co:u ? _ ? 7 1 f E • _. ?e .riui--vL= , a y CAPE FEAR RIVER From raw water supply C;Sw 04/01/59 Cape Fear 18-(63) intake at Federal Paper Board Corporation (Riegelwood) to upstream mouth of Toomers Creek Catfish Creek From source to Cape C;Sw 09/01/74 Cape Fear 18-69 Fear River CAPE FEAR RIVER From upstream mouth SC 08/09/81 Cape Fear 18-(71) of Toomers creek to a line across the river from Snows Point (through Snows Marsh) to Federal Point Cartwheel Branch From source to Cape SC; Sr 04/01/59 Cape Fear 18-72 Fear River Toomers Creek From upstream mouth WS-IV 08/03/92 Cape Fear 18-73-(11 to a point 0.8 mile upstream of mouth' Toomers Creek From a point 0.8 mile WS-IV;CA 08/03/92 Cape Fear 18-73-(2) upstream of mouth to mouth (City of Wilmington water supply intake) Northeast Cape From N.C. Hwy. 210 to B;Sw 08/01/87 Cape Fear 18-74-(47.5) Fear River Prince George Creek Island Creek From source to C;Sw 07/01/73 Cape Fear 18-74-50 Northeast Cape Fear River Sturgeon Creek From source to C;$w 09/01/74 Cape Fear 18-74-52 Northeast Cape Fear River Northeast Cape From Prince George C;Sw 09/01/74 Cape Fear 18-74-(52.5) Fear River Creek to mouth of Ness Creek McKIM & Creed Project Number 126-0001 Page 1 of 7 11/21/2005 ;i?: N_ N O go O U7 C7 (D (D CL O (D 0 Z C 3 Q (D N Q) O O O A Nib i W / Q / 4 / Q? 1 ce / 1 ,- y 1?1 /e 1?1 la1 / ? J 46W M&CREED _ 448 Vking Orive, Suits 100 VIGO]- 0-h, Yrginfa 23452 Phone (757)431-1002, Fox: (757)431-1032 -OW2461 E30EC44G1 mck[-,-d.com 400 ---------- 7 oA•E: os .IAV C5 SCAIE ? ? EXXON CHEMICAL COMPANY N`E °R z.6 d.a 9RAVM C?e NORIZCNTAL• 1 ?30U WILMINGTON CHEMICAL TERMINAL DES aRED .As cFECREO w.E "?n?"? SK1 FROI 4LR. W.E NA EXXON DREDGING APPLICATION CANS OVERALL SITE PLAN & VICINITY MAP Preliminary Design Not For Construction A O Dp x-U pm cx ?D c) r ?D DO IZ 0 z -0 D mD C) O 0m -n z w? ?D 7t? 0 D? m pm c? ?D n? mn ?D DO ?Z O z -UD D? O mD n Om mz w? ?D N 90 0 (D (D CL -o 0 n z c 3 a lD j N cp O O O • ? ?p^*? ?+? ???'? GATE: 06 AN 05 SCALE .r x.?aA `VIM?I?MF?CREED EXXON CHEMICAL COMPANY ??,?01' "`°-c NGpIZONiAL: DMKxwu WILMINGTON CHEMICAL TERMINAL Xc °^`° ?,5 °' 448 Viking , na 100 Vtrghi° Bachch, Virginia 234 VEanta: SK3 21452 o+ecM?o a? Phone: (757)431-1002, r°a: (757)431-1032 vROi. uat. W. NA -0002W E90006691 EXXON DREDGING APPLICATION wW WW mckimcreed.c°m OVERALL DREDGING PLAN NORTH END SiANS Preliminary Design A ` ) Not For Construction Z. O Dp m ;m m Q cM >-u C) D mn ?D DO i z O z -U D mD C) 1 N Om nz wi -r? D r 12 I ., EBB 6 »<.0.. } i ? CAPE FEAR SHIP CHANNEL . ? 19 Pi nnn sDo ?aaDaqo WQ PtE?RMIT APPLICATION 1]O59NIMV2141i\I?glwiad ouiopa a\u A I I ATG?HMENT A 401 WATER QUALITY CERIFICATION PAGE 13 OF 34 Y co gs A R R R R - - - C C TO Y Y Y w u a u N Q` R R R R R z > N p O I t I { o t W W U I I I ; ; C ` ` ?o ! N N ry ry a...• I I a = w 4 5 Z w R .N.. 8 A $ 8 M U Y O S O S O O S O O w p VI V1 VI Ln I I ¢ O ? S ? FI S ? ? A Y 0 0 o 0 o 0 o 0 o 0 0o J Q Z z a Z I- w O O O 1} O O Q ? Q Z y 0 w , A 0 Y t $ w A 0 w (L w U O ~ vwi v ) h t 0 i u I v i F- J O U d A A R r 1F,:. A A U Q L.J Q U) J U ill U) z { w 4 + Z.1 F .? = c? ? { / # I { } C) Z Of w O C) o I Z ? p k 0 0 z w XZ 0o? x? xo w J X w R R A R R 4 ' I it i I 111 Y Y Y I t . 1.1 Y 1 + R R R R R R i I I - N ? N w I I N f N ? N I I 8 I t 8 a v = { 8 to n v I I i S ? V - R v Y p n S O N S O N S O N 1 + 4 + R + O N I U A Z 0 1 Y U Z O A U Z O R U Z O A U Z O O y O N I I O M O V O n } I Z o S U { } p w Z 010 0 w U 1 S Z 0 U Z 0 O S Z 0 U o w Q w w w w w N w w O N U N R R w O O R f?i • R ° Y } } 4 a Y CI I{. Y Y ?.. w¢ * o n A R ..t R R R -= co _ E I d 1 + 22 H ? E McK M& Cr r j t Numb = r 01 Pm 11/2' /2005 + +- E I a>a : ; DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 14 OF 34 ExxonMobil Dredge Permit Volume Calculations 1206-0001 Elevation -41 MLLW Dredge Depth Section Area SF Length Volume CF Volume CY 1 0 100 2700 100 2 54 100 12950 480 3 205 100 27650 1024 4 348 100 28150 1043 5 215 100 23450 869 6 254 100 25250 935 7 251 100 34500 1278 8 439 100 50900 1885 9 579 100 28950 1072 10 0 TOTAL 8685 McKIM & Creed Project Number 126-0001 11/21/2005 401 WATER QUALITY CERIFICATION PAGEPermitO?-umbe.r -Permit Class STATE OF NORTH CAI:OLINA 182 Department of \aturai R:war,:es and Cotn,n:,nil De?,elopment and Costal ilesourres Commission 'D tni it L 1117 for F=? Hog? Nl:tjur Dev:eioa^hent in an Area of Environrrlental `J Concern: pursuant to NCGS 113A-11S OFFICE OF Cu'',,?rAL MGT. WlLfdHNGT4N, tai. C. Fxcavat:on and:or filling pursuant to NCGS 1 13-?29 F. C. 30? i1C, t;ilm? Eton, :;C ?8492 lss ed Io - dOTIL', ^1;'n.:R COL'7,i1' di C,_7E _ °Cr ?ocr= 7 '.•.? ." :.."..7 .'? t..' t :.rmittee $ a?olhc;: tl t7n d.: ?.. .. C' This permit. issued on Februa r y 11, 1982 is subject to compliance with the application (.where consistent with the permit), all appiicabie regulations, sneciai condi?i^ns and noTes set forth Lelow. Any violation of these terms may subject nermittee to a fine, imprisonment or civil acttan-. or rrav :cruse the permit to be null and void. (1) That in order to protect anadramo•s; and juvenile shrimp populations, no c:;cavation or filling will be permitted between the da tes of March 1 through September 30 of any year without the prior approval of the Office of Coastal "lanaeement. t;21 That all excavated materials he confined on high groun d bei.ind ac-equate dikes or ct 7er retaining structures to ?rep: ent spillover c:i solids into any marsh or surrounding waters. {;) -1-, Lt the 6i=p.:sal a--ea effluen= be contained by pipe, trout-h, or Similar device to a int at or Belo::' tiic mean low water mark to or event. =l? erosion and resultant unnecess=--:: siltation. rr-, at the t:er-.:iral end of the p.?elar.e be positioned at or greater than 50, from any part of the dike and a -avirnum distance from spillways to allow adequate settlement of suspended solids. (See attached sheet for Additional Conditions) This permit action may be appealed by the pemni:ae or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to wori; initiation or continuance, as the case may be. This permit must be accessible on-site to Departnirm personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on February 15, 1953 T/ KIM & dfb&f'P?8je?t?IPiifffib?r lt?6"bbd) of North Cafoitna 21/3 that your protect is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretan of DNRCD and the Chairman of the Coastal Resources Commission. Kenneth D. Stewart, Director Office of Coastal Management This permit and its conditions are hereby accepted. Sienature of Permittee DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION Permi t N o. PAGE 16 OF 34 Wilmington, .C Sheet '_ of :'.'JDITIU I CU:;AT10\S (5) That a :water control structure he installed at the intake end of the effluent t,ipe so as t_ assure compliance Cond. No. 7. (6) That the dikac disposal area must - -0 constructed a suificient distance from the line or an% marshland, to elir..inate the possibility of dike erosion into Or upon the .adjacent waters and/or marshland. (7'- That in C_cic=" to p rc tcc:t -water yuan'_it1•, runoff from the construction area must not increa.;e the amount o: suspended sediments in adjacent te : .?1 ._lr^:^?t;?•_; T,: persor.nei will determine an _ncreL'tie as sic- nl. icant of suspendec sccimants is increased by J :. Ttional T::rh di t'. L'1, s. McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 17 OF 34 APPLICATION FCR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER LAMA PERMIT FOR MAJOR DEVELOPMENT Dtpaftmsnl of Adminlstration State of North Cuotlna Department of the Army (GS 14-6.- 12) Department of Natural Resources am Community Development Corps of Eruln«n, Wilmington Dbtrict (GS'l3.229, 113-215.3(x)(1), 143-215.3(c), 113A•119 (33 CFR 209.320-329) Pteasc type or print and fill in all blanks. If information is not applicable, so indicate by p;acin; N/A in blank. 1. Applicant Information '->re . Company, U. S. A. A. Name Last First Middle B. Address P. 0. Box 1350 1dii,min.ton Street, P. O. Box or Route 11ortr, Carclino 28402 799-01115 Cily or Town State Zip Code Phone 11. Location of Proposed Project: A. County New Hanover B. 1. City, town, community or landmark River Road - Cape Fear River 2. Is proposed work within city limits? Yes No y C Creek, river, sound or bay upon which project is located or nearest named body of water to project Cane Fear River I(I. Description of Project A. 1. Maintenance of existing project X 2. New work NIA B. Pur action or fill J r2 r t 1. r,I s y length1 width 125 r depth `' m W ? p 2. E1O:V' im' length 1000 width 1(07 depth - 40r w+{ w 3. Fill area 4. Other length width depth length width depth C. 1. Bulkhead length ?d JA Average distance waterward of AiHW (shoreline) N/A 2. Type of bulkhead construction (material) N/A D. Excavated material (total for project) 1. Cubic yards 7000 2. Type of material Silt, & Sand E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards 2. Type of material IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No B. Does the dispntal area include any marshland, swamps or other wetland? Yes _I No C. Disposal Area 1. Location- Eagle Island 2, Do you claim title to disposal area? No D. Fill material v)uice if fill is to be trucked in N/A E. How will excavated material be entrapped and erosion controlled? Confined Dike Area F. Type of equipment it) be used Hydra_jjl l c. Dredge - PtI?" Line to Dj -tc: pe Site G. Will marshland be crossed in transporting equipment to project site? If yes, explain NO McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 18 OF 34 N V. lsc. the of (ro)ad Arsa (Dazrilv4) A. t, Priylu 2. Cccrursercial pefined Oil Distribution Point 3. Housing l3evelopment or Industrial - - 4. Other B. 1. Lot size(s) NIP 2 Elevation of lot(s) above mun high water A 5i -It & Sand 3. Soil type and texture 4. Type of building facilities or structures NIP: 5, Sewage disposal andjor waste water treatment A. Existing NI-A Planned h A 8. Describe 1?Ak 6, Lind Classification (circle one', DEVELOPED TRANSITIONAL CONSERVATION OTHER COMMUNITY RURAL = (See CAMA Local Land Use Plan Synopsis) VI. Pettainin; to Fill and Water Quality: A. Does the proposed pro;eci in,aive the placement of fill materiais beiow mean high water? Yes No ? B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes- No X 2. Type of discharge x'ater Sand Silt 3. Location of discharge Ea ale Island VII. ?vesent rate of shoreline erosion (if known): NIA VIII, List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work In project area, if applicable: 6/23/70-state Perrot #182 . Dept . of Arran Cons . of En P. .#5270 6/25 IX. L.crtgth of time required to complete project: 2 days X. In addition to the completed application form, the following items must be provided: Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. 'Attach an accurate work plat drawn to scale on S% X 11" white paper tsee instruction booklet for details), Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below, Babcock & 1-'i3cox - North - - Gold Bond - South X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolinas approved coastal management program and will be conducted in a manner consistent with such program. X11. Any permit issued pursuant to this application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. /"z zf/? I; cKII er 126-0001 M- Vf 11/21/200 Applicant's Signature DAF-87 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS Q M F-• 11 W0 Q Qa. 'PROPOSED ? ??• T? MAINTENANCE DREDGING A R? • ,rot e rm 6.9rr ?i rry) 1PM• ? steno , IN/.C nCIAN ?-- •- 3 ? # ? i Y Y ? =r It -rlt - r, - ,.I-Nq-?r'-?:r-r.l-rl 11. Al" r). 1 _ tl r l Ny rr ?t t r NI •N r /r? ??) r.o r+? it'1 rll /.•• - ?,t r•1 '.t 04 ?• ? ~L? ? i ( '1 ,t! 11 Z Q Ilt t' It) )ft t'` itr tc` t r r f r 1 f ) r r --- ?t -- ?? N t l r ? rr t N N t It I.l,r t.r t.. l tr t t ? f r L'L vr t 1,? it .??•R ,, r.l ?,. t,.l t,.) r. ft r, ?Ji ri r1 tt -'. ... L t t t l/1 ,\ t . 1 1• IL )t 1 _It 5 L-1-?--?t U ?- t t 31 )1. 11. )1' +)+.u?•-1/ t t -r- ?T ,r - -C'?j _14) =trfr-tik- 1) _ _ (- r.- , _. ) • (-t ?- t?_]L. ?t?- t? J'1-- J ` r t ¢`.•-p r t< r 11 11 1. It.r-Y rl d t )rt ?.r t,t ?,t ?r trt yy-Ji ?i t.t ,tt ?) t,l +,t t 1 r? 1 11t?L?LLt.. ?..??-E. Q J Rt f` s 7 ) 1' /' R' ?1' iY' ?) + N ? ?rl ?• ?• +..1 Ir• J , ?i `+, 1+• ?? 1 ,tt +rt Y+ Ir )+ d d? ,r ,R 1+ tr{ ,,) J'• ILL p? ?t` J't ).`J,r. ,.. •., t , - Q , ? ? , 1' 1' ,t ) + r{ Ilr It 1 L •. too, 1 , a ? W 0 t ) + tr 1) TM rUr LArmD3 3711`11 ?mr? Let C•T)D tIDR t). lrto Iwo otrtR ns? \ D C) V IMP T= &wT cal?. or tmr1®r wart )7_1o Dim Jmt is. ma. t) dIZOet1t cr.o ttrRn w rut rr== mo mTrom warn. I n 1 )) euooul t.rat Rcr1tZ7)R 1?oPOCiD r1r}nr[ltcl n!fDUrto int. L) wDutm w©mnw us n micATm n ?m =Irr Mo to vrnr Ma) 0.0 a[ !) urea DUntr l.aoo R IIttDIUL To R RDICM It RTIlAMIC DPrrM. Paco u2 rtrL PCt DurV113 . I= CIt nf-mit floe ct., A to.t 'I R". e. C. wt n, it i +Lt 145 r ' I-AL t.vLm ti.rL _. DWQ PERMIT APPLICATION 401 WATER QUALITY CERIFICATION \1J IM DEPARTMENT OF THE ARMY SAVANNAH DISTRICT, CORPS OF ENGINEERS \`_= NC AREA REAL ESTATE OFFICE P.O. BOX 350 NIONCURE, NORTH CAROLINA 27559-0350 REPLY TO ATTENTION OF: Real Estate Division November 16, 2005 ATTACHMENT A i'`- a-OF 34 NOV 18 2005 I? 0Mg:We t'-il -a E WArEIRP-MIN ROADS SUBJECT: Proposed License No.,DACW21-3-06-3906 to Exxon Mobilplacement of dredged material into Eagle Island Disposal Area (EIDA), Wilmington Harbor, New Hanover County, North Carolina Mr. Bill Egan McKim and Creed 448 Viking Drive, Ste 100 Virginia Beach, Virginia 23452 Dear Mr. Egan: I have enclosed four copies of subject license for your review and signature. The proposed license allows Exxon Mobil to deposit approximately 8,700 cubic yards of spoil material into Eagle Island Disposal Area (EIDA), Wilmington Harbor, New Hanover County, North Carolina. The instrument is for a total of twelve (12) months beginning 10 November 2005 and ending 09 November 2006. If you are in agreement with the terms and conditions of the proposed license, please have the appropriate official sign all copies, execute the Corporate Certificate and return all copies along with remittance in the amount of $1,300.00. This payment comprises the administrative fees ($500.00) associated with the preparation of this license and monitoring fee ($800.00) for the term of the license. The remittance should be made payable to the Finance and Accounting Office, Savannah District. Cheeks have already been received for the above project. McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION 401 WATER QUALITY CERIFICATION ATTACHMENT A PAGE 21 OF 34 Upon Execution on behalf of the United States, a fully executed copy will be furnished you for your records. Should you have any questions regarding this action, you may contact me at (919) 524-6393. Sincerely, (? a. Patricia A. Holmes Team Leader NC Management Team Enclosures Copy furnished: Mr. Robert Keistler Navigation Project Manager Department of the Army Wilmington District, Corps of Engineers 69 Darlington Ave Wilmington, NC 28402 Department of the Army Savannah District, Corps of Engineers Attn: CESAS-RE-RM (Bruce Bringman) P.O. Box 889 Savannah, Georgia 31402-0889 Department of the Army Wilmington District, Corps of Engineers Attn: Mr. Justin Arnette P.O. Box 1890 Wilmington, NC 28402 McKIM & Creed Project Number 126-0001 11/21/2005 2 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 22 OF 34 DISTRIBUTION: DATE ;CESAW-PM-C ; CESAS-RE-RM/N CESAS-RE-RM ; EXXON MOBIL DEPARTMENT OF THE ARMY LICENSE NO. DACW21-3-06-3906 EXXON MOBIL EAGLE ISLAND DISPOSAL AREA WILMINGTON HARBOR NEW HANOVER COUNTY, NORTH CAROLINA WHEREAS, THE UNITED STATES OF AMERICA, hereinafter called the "GRANTOR" has acquired an in fee the lands hereinafter described for the operation and maintenance of the Wilmington Harbor, Wilmington, North Carolina, including that particular property designated as Eagle Island Disposal Area. WHEREAS; the Wilmington District, U.S. Army Corps of Engineers is responsible for the Wilmington Harbor Project and as such is responsible for the operation and maintenance of the Eagle Island Disposal Area and the North Carolina State Ports Authority (SPA) is responsible for providing all real estate interest required for the Project and, SPA shares the cost of disposal area dike construction with the Government and; WHEREAS, EXXON INTOBIL, hereinafter called the "GRANTEE", has acquired from the Wilmington District Engineer concurrence for the placement of approximately 8,700 cubic yards of spoil material into the Eagle Island Disposal Area. This instrument is effective November 10, 2005 and expires on November 09, 2006. NOW THEREFORE, the Grantor does hereby agree for the Grantee, to place spoil material in the Eagle Island Disposal Area as identified on Exhibit "A", attached hereto, and to utilize said property in accordance with the terms and conditions stated below: 1. The consideration for this License is: a. The Grantee shall remit a check in advance made payable to the Finance and Accounting Officer, Savannah District in the amount of One Thousand Three Hundred (S1,300) dollars for administrative fees associated with the preparation of this license (5500.00) and monitoring fee ($800.00). Subject check shall have the license instrument number (DACW21-3-06-3906) printed in the lower left hand corner of said check. The check should be forwarded to the U.S. Army Corps of Engineers, Savannah District, ATTN: RE-RM, Post Office Box 889, Savannah, Georgia 31402-0889. McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A LICENSE NO. DACW21-3 061 AAO?ER QUALITY CERIFICATION PAGE 23 OF 34 WILMINGTON HARBOR, NEW HANOVER COUNTY, NORTH CAROLINA b. Prior to commencing operations the Grantee shall remit a check made payable to the Finance and Accounting Officer, Wilmington District, in the amount of Twenty One Thousand Seven Hundred Fifty Dollars ($21,750.00) based upon the anticipated volume (yardage) of disposal material placed in the Eagle Island Disposal Area (8,700 cubic yards). c. The actual total volume of material deposited by Grantee shall be determined by pre and post surveys (see Condition 18). Should the amount of material deposited in the disposal area exceed 8,700 cubic yards, the Grantee shall make payment for this overage at the current disposal fee rate of $1.50 per cubic yard. Subject check shall have the license instrument number (DACW21-3-06-3906) printed in the lower left hand corner of said check. Check shall be made payable to the Finance and Accounting Officer, Wilmington District. This payment should be forwarded to the U.S. Army Corps of Engineers, Wilmington District, ATTN: SAW-PM-C, Post Office Box 1890, Wilmington, North Carolina 28402-1890. Said payment shall be made within 30 calendar days of completing dredging operations. d. Should the amount of dredged material deposited by Grantee in the Eagle Island Disposal Area be less than 8,700 cubic yards, Grantor shall reimburse Grantee for the determined underage at the rate of 51.50 per cubic yard. 2. Special Conditions a. The Grantee shall schedule on site pre-work and post work meetings with Mr. Robert Keistler, Wilmington District's POC, 910-251-4709. b. Two (2) representatives of the contractor shall be stationed at the disposal site at all times during the dredging operation. c. All work shall be conducted in accordance with applicable Department of the Army (DA), North Carolina Division of Coastal Management (NCDCM), and North Carolina Division of Water Quality Permit (NCDWQ) authorizations. d. All equipment and materials, other than dredged material, must be removed from the property within 14 days after completion of the dredging operations. e. Specific dredged material disposal events shall be subject to review and approval of the Wilmington District Engineer or his authorized representative. Approval of specific disposal request is dependent on the schedule of activities at the identified disposal facility as well as available capacity. Prior to commencing with any dredging, the Grantee, along with the Grantee's dredging contactor shall meet with Mr. Robert Keistler. The proposed meeting is to schedule the Grantor's dredging work and the private party dredging work with assurance that the Grantor's work can be completed within the environmental hydraulic dredging window in the upper Cape Fear River. The Wilmington District Engineer or his representative reserves the right to unilaterally deny use of Eagle Island Disposal Area to the Grantee for use as a dredged material disposal site based on the scheduling meeting outcome. McKIM & Creed Project Number 126-0001 11/21/2005 qua yD?WQ PERMIT APPLICATION ATTACHMENT A LICENSE NO. DACW21-3-1J6-3y ER QUALITY CERIFICATION PAGE 24 OF 34 WILMINGTON HARBOR, NEW HANOVER COUNTY, NORTH CAROLINA f. Grantee will be required to demonstrate that the dredged material to be placed in the disposal basin is not contaminated and is compatible with management plans for the facility (see Condition 17). g. The Grantee shall provide the Wilmington District Engineer, pre and post surveys conducted by a licensed surveyor, together with computations showing the quality of material placed in the disposal area. The pre-survey will be submitted ten (10) days prior to commencement of the operations and the post-survey will be submitted within ten (10) days after completion of the operation 3. It is understood that this license is effective only insofar as the property rights of the Grantor in said disposal area. 4. That the exercise of the privileges hereby agreed to shall be without cost or expense to the Grantor, under the general supervision and subject to the approval of the officer having immediate jurisdiction over the property, hereinafter referred to as "said officer", and subject to such regulations as may be prescribed by the Wilmington District, from time to time, including, but not limited to, the special conditions, requirements and specifications set forth in Item 2, Special Conditions. 5. That the Grantee shall supervise said disposal operations and shall immediately repair any damage found therein as a result of such operations, or when requested by said officer. 6. That any property of the Grantor damaged or destroyed by the Grantee or his agents incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Grantee to the satisfaction of the said officer, or in lieu of such repair or replacement, the Grantee shall, if so required by the said officer and at his option, pay to the Grantor money in an amount sufficient to compensate for the loss sustained by the Grantor by reason of damage to or destruction of Grantor property. 7. That the Grantor shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein. granted, or for damages to the property of the Grantee, or for damages to the property or injuries to the person of the Grantee, or the persons of Grantee's officers, agents, servants, or employees or others who may be on said premises at their invitation or the invitation of one of them arising from Grantor's activities on or in the vicinity of the said premises, and the Grantee shall hold the Grantor harmless from any and all such claims, not including damages due to the negligent or willful misconduct of the Grantor's officers, employees or its contractors. 8. That the Grantor shall in no case be liable for any damages or injury to the Grantee's herein authorized which may be caused by any action of the Grantor, under the rights obtained in its dredge material easement, either hidden or known, or that may result from future operations undertaken by the Grantor, and no claim or right to compensation shall accrue from such damage McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A LICENSE NO. DACW21-3-Ud-M6ER QUALITY CERIFICATION PAGE 25 OF 34 WILMINGTON HARBOR, NEW HANOVER COUNTY, NORTH CAROLINA or injury, and if further operations of the Grantor require the use of the area herein authorized, the Grantee shall, upon due notice from the Wilmington District Engineer, cease all operations without expense to the Grantor and no claim for damages shall be made against the Grantor. 9. The exercise of the privileges hereby agreed to shall be conducted in such a manner as not to conflict with the rights of the Grantor, nor to endanger lives and safety of the public. 10. This license may be terminated by the Secretary of the Army upon reasonable notice to the Grantee if the Secretary of the Army determines that disposal operations to which this license is hereby granted interferes with the use of said land or any part hereof by the Grantor. This license may be annulled and forfeited by declaration of the Secretary of the Army for failure to comply with any and all of the provisions and conditions of this instrument. 11. That upon the relinquishment, termination, revocation, forfeiture or annulment of the license, the Grantee shall vacate the premises, and remove all property of the Grantee there from. If the Grantee shall fail or neglect to remove said property and so restore the premises, then at the option of the Secretary of the Army, the said property shall either become the property of the Grantor without compensation therefore, or the Secretary of the Army may cause it to be removed and the premises to be restored at the expense of the Grantee, and no claim for damages against the Grantor, or its officers or agents, shall be created by or made on account of such removal and restoration. 12. Without prior written approval of said District Engineer the Grantee shall neither transfer or assign any of the privileges herein agreed to, nor grant any license or interest whatsoever in, under, or upon any of the lands included under this license. 13. That the Grantee within the limits of his/her respective legal powers shall comply with all Federal, interstate, state, and/or local Grantor regulations, conditions or instructions for the protection of the environment and all other matters as they relate to real property interests granted herein. 14. Except as otherwise specifically provided, and reference herein to "Secretary", "District Engineer", "Installation Commander", or "said officer" shall include their duly authorized representatives. Any reference to "Grantee" shall include assignees, transferees and their duly authorized representatives. 15. The Grantee shall provide the Wilmington District Engineer, ATTN: SAW-PM-C, a copy of the North Carolina Department of Environment and Natural Resources, Division of Water Quality Section 401 permit certification within 30. days of receipt of License No. DACW21-3-06-3906. If certification has not been provided within the 30-day time frame, the instrument shall become void. McKIM & Creed Project Number 126-0001 11/21/2005 qua DWQ PERMIT APPLICATION ATTACHMENT A LICENSE NO. DACW21-3-&d_A?ER QUALITY CERIFICATION PAGE 26 OF 34 WILMINGTON HARBOR, NEW HANOVER COUNTY, NORTH CAROLINA 16. The Grantee's use of the' area is not to interfere with any on going work within the disposal area. The Wilmington District Engineer reserves the right to temporarily deny the use of the area, specify the location of the discharge lines or whatever lie deems necessary to protect the Grantor's interest. 17. The Grantee, in accordance with the Wilmington District Engineer's requirements, shall test all materials to be placed in the Eagle Island Disposal Areas. Testing requirements may be obtained from the Wilmington District's Project Manager ATTN: (SAW-PM-C). The use of the Grantor's disposal area will not be approved until the sediment testing results have been submitted and accepted by the District Engineer. 18. The total volume of all material removed shall be measured by the cubic yards removed from the dredging area, by computing the volume between the bottom surface shown by the soundings of a survey before dredging and the bottom surface shown by the soundings of a survey made as soon as practicable after the completion of the dredging. A before dredge hydrographic survey must be performed and submitted with quantity calculations, of the Wilmington District prior to commencement of dredging. An after dredge hydrographic survey, with quantities, is required following the dredging activities. THIS LICENSE is not subject to Title 10, United States Code, Section 2662, as amended. McKIM & Creed Project Number 126-0001 11/21/2005 qa DWQ PERMIT APPLICATION ATTACHMENT A LICENSE NO. DACW21-3-U hth 4ER QUALITY CERIFICATION PAGE 27 OF 34 WILMINGTON HARBOR, NEW HANOVER COUNTY, NORTH CAROLINA IN WITNESS WHEREOF, I have hereunto set my hand, by authority of the Secretary of the Army this _ day of , 2005. UNITED STATES OF AMERICA EXXON MOBIL, accepts this license instrument and the terms and conditions stated herein this - day of , 2005. EXXON MOBIL PLEASE SIGN & DATE By: Title: WITNESSES: McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A 40 ATER QUALITY CERIFICATION PAGE 28 OF 34 LICENSE NO. DACW21-3-06-.06 WILMINGTON HARBOR, NEW HANOVER COUNTY, NORTH CAROLINA CORPORATE CERTIFICATE I, MOBIL, that on behalf of the company was then of the company. I further certify that said officer was acting within the scope of powers delegated to this officer by the goveming body of the company in execution of said instrument. PLEASE SIGN & DATE (SEAL) certify that I am the of EXXON who signed the foregoing instrument SIGNATURE: DATE: McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A LICENSE NO. DAC`V21-3_QOG AA0zER QUALITY CERIFICATION PAGE 29 OF 34 WILMINGTON HARBOR, NEW oHANOVER COUNTY, NORTH CAROLINA ACKNOWLEDGEMENT STATE OF GEORGIA) : ss COUNTY OF CHATHAM) Before me a Notary Public in and for the County of Chatham, personally appeared to me known to be the identical person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the said instrument by direction of the Assistant Secretary of the Army (I, L&E) for the purpose therein expressed as the act and deed of the United States of America. GIVEN under my hand and seal, this day of 120 NOTARY PUBLIC (SEAL) My Commission Expires: McKIM & Creed Project Number 126-0001 11/21/2005 8 M ~ LL WO O = M Q w (D Q Z O zQ O CU t- LL U? W a? Q WI aIt V Cf- o_ Y 9 0 lTAT[ FCRTt }j ' NORTI{ WAA U1IP[. ` 7 GRAPHIC SCALE 200 0 200 400 aN 1 IN. = 200 FT, t SCALE IN FEET a L vrE t ` t VICINITY MAP - NOT TO SCALE - rl 4+ C? N r D.1G °e l.w n! SCALE ?µ? w• P1A'M CA rromtwrw ,,,.. - V I?/g?Q &CUED LICENSE NO. EXXON CHEMICAL COMPANY ??at Mmo WILMINGTON CHEMICAL TERMINAL pkw' K° "" -"' e a.e. s?r roo ACW2]-3-06-3906 Vr°?nle l,o,h, Yrg4Jn 23157 S1 Lx {'hone' (757)171-1002, re,: (757)431-1032 - A,?•"•r ta?e•^•? EXXON DREDGING APPLICATION preliminary Design ---.mc*l,,c.eeE.cem OVERALL SITE PLAN & VICINITY MAP fA Not For. Construction ?- 2 <-w N U Lr) of o N r Y N iill X w Xj °' RIFICATION Y MWO HLkDM WDIDMW(1N pi3?iD O&W uum sae ~ sn "T TwE2Y='TXMClq 31 TWO" NOX3 ? x? 8 Ig e Y?{ i f?J 1112T/I 2005 J? \v i ! q Y .? Yb E d . • f f g i 5°r Y B Y ? i E i - ,u rb 1 j = Exxo&MOliMoing Mobile,: r - 'A 34 ExxonMobil Chemical Company DWQ PERMIT APPLICATI@Mgo ,1. Ferrone ATTACHMENT A 13501 Katy Freeway. 401 WATER QUALITY CERIFIQ{,?rlr1®?Terminal Supervisor PAGE 33 OF 34 Houston, TX 77079-1398 Intermediates Americas 281-870-6817 Telephone 281-870-6802 Facsimile EJVV0 l Chemical January 21, 2005 Mr. Kenneth Sisk, P.E. McKim & Creed, PA 448 Viking Drive, Suite 100 Virginia Beach, VA 23452 Re: Wilimington Terminal Dredge Permit Project #1206-0001 Ken, ExxonMobil Chemical Company hereby authorizes McKim & Creed to act as agent regarding our application to obtain a dredge permit. The permit is for our Wilmington, North Carolina property located at 3340 River Road. Regar V , G egory J. Ferrone GREGORY J. FERRONE MANAGER-MARINE AND TERMINAL OPERATIONS EXXONMOBIL CHEMICAL McKIM & Creed Project Number 126-0001 11/21/2005 O? .J ,n `? rvut,nam r. "-Y' vv.... - DWQ PERMIT APPLICATION ATTACHMENT A O`j QG 401 WATER QUALITY CERIFICATION William G. RoFsA,8 Seg4taMF 34 vj r North Carolina Department of Environment and Natural Hesources ;r Alan W. Klimek P.E Director fa "? ys?,'?I #5ivj igrt o(Water:Auality November 9, 2005 Noll ? 8 2005 Exxon Mobil Chemical Company Greg Ferronerfj•:,, 13501 Katy Freeway Houston, TX 77079 Subject: EXEMPTION Stormwater Project No. SW8051105 South Wilmington Terminal Maintenance Dredging New Hanover County Dear Mr. Ferrone: The Wilmington Regional Office of the Division of Water Quality received a copy of the CAMA Major Permit Application for excavation of material from existing berth on November 1, 2005. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy of this letter, we are informing you that your project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance-from the Division of Water Quality prior to any construction. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis at (910) 796-7215. Sincerely, Edward Beck Regional Supervisor Surface Water Protection Section ENB/ arl: S:1WQS\STORMWAREXEMPT1051105 Nov. 05 cc: Tony Roberts, New Hanover County Inspections Doug Huggett, DCM Linda Lewis Wilmington Regional Office Central Files McKim & Creed McKIN & Creed ProiQ.ctNtimhPr 126nnJ 11 /21 /RN,'?,arotina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Service 1.-877.623.6748 Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet: h2o.enr.state.nc.us November 22, 2005 The following project is also being reviewed as a CAMA Express (you may have already reviewed it): Exxon Mobil South Wilmington Terminal 3340 River Road Maintenance Dredging RFM@20WR Db DWQ Project # 05-2010 NOV. 2 3 2005 DENR - WATER QUALITY VO NDS AND STOnI;;;ATER EWrA The project requires a 401 and is permitting it through the Express program If you have questions call Joanne Steenhuis (910) 796-7306 Thank you! 1 qP vMCIQMF?CREED M&C 1206.0001 November 21, 2005 Joanne Steenhuis Division of Water Quality 127 Cardinal Est. Wilmington, NC 28405 Re: ExxonMobil South Wilmington Terminal 3340 River Road, Wilmington, NC, 28412 Dock Maintenance Dredging Joanne, Please find attached a check for $1000 and the DWQ application and supporting attachments for the above referenced project. Thanks BIEan Attachments RECEIVED BY: • Check Referenced • McKim& Creed.DWQ Application 4 MCI< M&? ZEED 1 Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. 2,0D5 - 2010 (If any particular item is not applicable to this project, please enter "Not Appttcame' or °iN/A .) 1. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ N 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: CAMA- (&Oke<,?J W Rwwi? 3. If this notification is solQly a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: H. Applicant Information 1. Owner/Applicant Information NOV 2 3 2005 Name: Gem _T?tynKje - Ex)(om WsB L Ci?Eat? - F?lr ftTEr??u1CurY Mailing Address:13 561 1<A-'r / PQ e;,:Wk1 `dosM-osro?", ;1IF1i-6 t1cH I- yS-tr?t..a -mk 77(-)79 Telephone Nurnber: 2b (- 370- 4, 8t 7 Fax Number: 1b l - B70 - G8-0 2 E-mail Address: gre.gors, ?'. Fey-rmin2 Gx?6nmdoil •com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: W1U 1p,,.A E64?-3 Company Affiliation: NC l-t M A C2EeP, Mailing Address: 44 b yt V-t +j6 D auu( , SV t -C(-:- loci Telephone Number: Fax Number: E-mail Address: be..;a.,,0 m?tc,w.??ed caws Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan. must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name ofprofect: SN i H WtcutoGToa TEbA10Ac_ l?k??trZ'C11A?_>?_ Q O6ioc 2. T.I.P. Project Number or State Project Number (NCDOT Only): --- 3. Property Identification Number (Tax PIN): -- 3343 QW6X_ 20o o WkLIAIQG' Jr U C 4. Location County: Nr--w q At-Jn . _ Nearest Town: W 1LL1%gG--ua ,-I Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): I M\t-F 50,ml-4 Of- W1LNt,,,6-,-o" POo 7-t A011-1,L)ou.-N owl ?\,_v_ Q 2040 5. Site coordinates, if available (UTM or Lat/Long): - ??- 3(- .6" U -7 7°-57`- 24 W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 5?s ACS s - 7. Nearest body of water (stream river/sound/ocean/lake): CaP? F?AL Q-,\JeQ-- 8. River Basin: COPE Pe AP_ (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.ne.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: lNDUSTV_t4- -APL 'PACM - 5*j1 P Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: MMLSrbJA?JCF D2 ni 1,Zd d(-CP.F. AP-P& (kG WF-.5-r- 51,0f- 04 ?XIST,UG Oocx P T'R k L. NIL- 6f. /MAR_TY-O. 4 See 4-TAuixtK-,r- `A`P7 ?a a,(- za4 11. Explain the purpose of the proposed work: is !Zf wSV a) --v) 4uo o . -IAL. W,-rr1Q f-O ?5"rP UMLOAO1K)6 ? TrF? ?X.?Lcsw1 P061(. "r._.1 IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Pee???5 ? c ??c OeixGg: PayAlr SEE ATrAC4A4 •JrA** `Pi/5,34- \I- 34) . V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. NAt, srwAmcx Dgug;,w, W%LL 2(-- k&jsny,?a -fb COO-Tt auc_. SJN.te- 25HIP OMLo4or-x, Ac-rtuctq . VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photograplis may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Provide a written description of the proposed impacts: M 4tLrTL_?A,3cr- 0 2 -L-1,3c, O C- A 6err 900 x ?o r-? w t o. 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact (acres) Located within I00-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Welland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIR?IM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at httl2:HwN"v.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: AI A Total area of wetland impact proposed: NA? 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please s ecif A J /a- -- --- `? * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.cov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.manquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: A/A- Page 3 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. .t ??EK1?,e?af?, 1.Z4 ^/ CAFEAUl pt?/tR. 91VFJt.. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): /ALA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): AJA- Size of watershed draining to pond: /V4- Expected pond surface area: A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options ,vere not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. ??EDGiu? IS 2E0ut+c.ED -t'Z5 l?ltia?v-rQi?J L'PeAA-'rrOy 6t S4Ip OuLO 01416 7 E1W 1-MkL. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource fimctions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review die current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at htty://h2o.enr.state.ne.us/ncwetlands/strmgide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Wr 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://l12o.enr.state.nc.ushvm/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet):a `- Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): -- Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federaUstate) funds or the use of public (federaUstate) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N A - )? Yes ? No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer - - multipliers.. Zone* Impact (square feet Multiplier Required Mitigation 1 O 3 2 d 1.5 Total C7 • Zone I extends out 30 tect perpendicular trom near banK of cnannet; Gone / extends an additional 20 feet from the edge of Zone I. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. "Ar XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. /V4_ MI. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N4 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No [K Is this an after-the-fact permit application? Yes ? No [R XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit-the application-sufficiently in advance of-desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). /VUI,M. ICcaA,i,S It /o/ (, 5-- Applicant/Agent's Signature Date s signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 1 OF 34 FOR EXPRESS PERMIT REVIEW DREDGE PERMIT DESIGN NARRATIVE AND SUPPORTING CALCULATIONS EXXON DREDGING PROJECT Wilmington, NC New Hanover County Project # 01206-0001 January 2005 Prepared for: Exxon Mobil Chemical Co. 3340 River Road Wilmington, NC 28412 (910) 799-0144 Prepared by: McKim & Creed, PA 448 Viking Drive Suite 100 Virginia Beach, Virginia 23452 (757) 431-1002 McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 2 OF 34 Table of Contents DESIGN NARRATIVE ATTACHMENT 1 - NEW HANOVER COUNTY SOIL SURVEY ATTACHMENT 2 - USGS TOPO MAP ATTACHMENT 3 - STREAM CLASSIFICATION McKIM & Creed Project Number 126-0001 11/21/2005 Page i DWQ PERMIT APPLICATION 401 WATER QUALITY CERIFICATION APPLICANT CONSULTANT ATTACHMENT A PAGE 3 OF 34 Exxon Mobil Chemical Co. 3340 River Road Wilmington, NC 28412 Phone: 910-799-0144 DESIGN NARRATIVE McKim & Creed, PA Bill Egan, PE 448 Viking Drive Suite 100 Virginia Beach, VA 23452 Phone: 757-431-1002 Fax: 757-431-1032 The applicant is seeking a dredge permit for their property located along the Cape Fear River. The property address is 3340 River Road. The area to be dredged has been operating as a ship unloading facility since the 1950's. A copy of a 1982 maintenance dredge permit is attached. The applicant proposes to dredge an area of approximately 900' by 60' to a depth of - 41' below MLLW. The approximate elevation of the area to be excavated is -37' below MLLW with areas as high as -32' below MLLW. Several ships have encountered the river bottom at very low tides, and it has become mandatory to dredge this area. The applicant plans to dredge this area by way of hydraulic means. In total, about 8700 CY of material is to be removed from the river bottom. The material has been sampled and tested and is a silty material. The dredge spoils will be pumped to and deposited on Eagle Island. The SCS Soil Survey indicates that the upland site is mostly (Ur) Urban land, but also consists of small segments of Baymeade fine sand (Be) and (DO) Dorovan soils along the river. The Urban land consists of an area where the original soil has been cut, filled, paved, or graded so that most of the soil properties have been altered. The Baymeade fine sand is a well drained soil which is not subject to flooding, while the Dorovan soil portion of the area is characteristically a poorly drained soil. The project is within the drainage basin that drains to the Cape Fear River, sub basin DPF17, stream index number 18-(71), map number J27SW7, stream class SC. The CAMA land use classification is Conservation and the project lies within the 100 year flood zone. Enclosed with this package is the following: • Form DCM-MP-1 Form DCM-MP-2 McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 4 OF 34 Figure 1 - Vicinity Map River Road Wilmington, NC McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 5 OF 34 Figure 2 - Project Site River Road Wilmington, NC McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 6 OF 34 ATTACHMENT 2 - USGS TOPO MAP McKIM & Creed Project Number 126-0001 11/21/2005 Copyrght (C) 1997, Maptech. Inc. DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 8 OF 34 ATTACHMENT 3 - STREAM CLASSIFICATION McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION 401 WATER QUALITY CERIFICATION North Carolina Waterbodies Listed by County Note: Wateroodies are listed in more than one county if they cross county lines. ATTACHMENT A PAGE 9 OF 34 Report Date: 07116104 Records Found: 60 Search Parameters: County: New Hanover Class: SpCes: Name: Desc: Index#: Name of Stream Description Curr. Class Date Prop. Class Basin Stream Index # 17-'rF'"•.. G^t•rr.cT .,a-^'t•.^ .t rr? Z+lr'+?+C^+z?• ?-?"? j-.r'°FL+cr.g;r^? !*?T-rte -.i ,f.>**7.TSit. t:t?ri swx ?'O ".:J ' I^ q t w 4 r ' it , •. h 4 z µ(? NdiW Hanover Coon + r ; . Y :T , ., CAPE FEAR RIVER From raw water supply C;Sw 04/01/59 Cape Fear 18-(63) intake at Federal Paper Board Corporation (Riegelwood) to upstream mouth of Toomers Creek Catfish Creek From source to Cape C;Sw 09/01/74 Cape Fear 18-69 Fear River CAPE FEAR RIVER From upstream mouth SC 08/09/81 Cape Fear 18-(71) of Toomers creek to a line across the river from Snows point (through Snows Marsh) to Federal Point Cartwheel Branch From source to Cape SC;Sd 04/01/59 Cape Fear 18-72 Fear River Toomers Creek From upstream mouth WS-IV 08/03/92 Cape Fear 18-73-(1) to a point 0.8 mile upstream of mouth' Toomers Creek From a point 0.8 mile WS-IV;CA 08/03/92 Cape Fear 18-73-(2) upstream of mouth to mouth (City of Wilmington water supply intake) Northeast Cape From N.C. Hwy. 210 to B;Sw 08/01/87 Cape Fear 18-74-(47.5) Fear River Prince George Creek Island Creek From source to C;Sw 07/01173 Cape Fear 28-74-50 Northeast Cape Fear River Sturgeon Creek From source to C;sw 09/01/74 Cape Fear 18-74-52 Northeast Cape Fear River Northeast Cape From Prince George C;Sw 09/01/74 Cape Fear 18-74-(52.5) Fear River Creek to mouth of Ness Creek McKIM & Creed Project Number 126-0001 Page 1 of 7 11/21/2005 N ? N O go O (31 C-) (D (D CL m O (D n z r- 3 0- (D N O O O i W / e / Ue / / l?l la`s/ I - J .46Nn< M&CREED 448 Viking Drive, Suits too Virginlo Beach, Yrginla 23452 Phone (757)431-1002, Fax: (757)431-1032 AAO a$7 Uxc.- ww.mcklmcreed.com :ALE 200 400 =ET e.auRr ?• N.R RRxt oA.E: a6 JAN 05 SCALE we "`'? EXXON CHEMICAL COMPANY MU PRaJ, e z 6 DRAWN CJB MCRIZ0.N iAL WILMINGTON CHEMICAL TERMINAL G a ECKEa` EO KA5 SKl ME KN71CAl: PRCJ. NGR. W..E NA EXXON DREDGING APPLICATION suns OVERALL SITE PLAN & VICINITY MAP Preliminory Design A" Not For Construction Z. O Dp m ?om m fJ cm >U C) r 0 mn ?D T ? DO -I Z O z mD mD C) O 0m T, z W i ?D N 0 m0 pm c? ?D C7 ? ?n DO ?Z O Z -V D G? mD 0 Om m z wi ?D 9 EBB CAPE FEAR SHIP CHANNEL •=?u (D ri nnn z I N ? 90 0 (D (D d 0 z c 3 cr (D N O O O O ?? /? ,? y,?T? AT[ •???'°A il`/il it /V/T CM ED EXXON CHEMICAL COMPANY 4? P?ojI C=" DcRAWN: ca J,NDJD5 y 448 Viking Drive, Suit° loo WILMINGTON CHEMICAL TERMINAL DCSDNCD NA5 Y ginia B-h• Virginia 23452 C of W x Phon°: (757)431-1C02• Fox: (757)431-1032 P?ROI NCR. WJ[ AAXC2641 Ci0 601 EXXON DREDGING APPLICATION OVERALL DREDGING PLAN (NORTH END) 51ANy Preliminary Design Not For Construction A A C? G ? D rp Mm 0m _? D ?D .n r ? n D > 70 D z --I Z N ZZ Om m z wi -t?. D ?D mD 0 r 12 . I? EBB Q CAPE FEAR SHIP CHANNEL ?•?•I ? F-I non VaJoaE PTERMIT APPLICATION 1705JNIMV2fOlINZU!w'ad ou!opaJ4\uoATTI?I?HIVIENT A 401 WATER QUALITY CERIFICATION PAGE 13 OF 34 3 Y ? £ m a x x R R g - C C OHO Y 4 Y { 4 u o- x N A A R A A T N p O } ? ? : 3 • rJ C I z E I V 1 ^ N N N d f, 1 t 1 f < 1 ° 7 # # 4 - 4 - ? z w Y d .N.. 8 $ rn $ m I v w U O s O VI Y O Ul +. Y O V) " R T 4 (n I I R ° Vt ° U N O O $ U Z Y U Z 3 Y (? + R U Z Y U Z Y R ? O U S O O I ? O O J ° Q Z z x J 4 E J J [ T Z z ;= N w Z O_ Z O_ Z O [ ? O_ O Q Q Z $ # # U ° w ? ° U ?i ~ ° U I U o- W j o N t /1 N U1 1 N G ? O n/W? LL \./ A R R i .:.. R R U J a W Q Q (? Y Y t4i,i 4 ? Y Q U ? (n ? 4 ? i I U (n (( LLJ c t = W n U Z (Y W i O ?? C) fV I z ?' Q _ ++ t - O(3 zw xz o()? u x? xo : W W X n n7 ....... R R R A R Y Y Y 4 Y R A R R A X R 1 I 1 i^y I I 1 I N w I n N ' T + 1 ( F- ? ? N f A ; 8 d $ U 1 O , i E tp d 8 N ti Y p Y C) Y O 4 O Y 7 O ul V1 N 1 N Vl U Z R { S U Y A U Y $ U Y R U Y ° ? a O Y J ~ N I O J h + O J d + ! 44 O J if1 1 .-- O 3 i r + p ti 010 W 1 R O U ` O O R O U I I p w N ff U p w ,,? rr Ir w O w E l? r } N w ' w O ! R R 0 O p R + ( R 4 R n n + Y + } t Y Y ` ..y?l-t Y 4 ti + o o I J a ? ? , o?l I A R ? ` R y y R T A - U ?/ ?, o McK M & Cr t Numb q 01 11/2 /2005 1 a>a a DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 14 OF 34 ExxonMobil Dredge Permit Volume Calculations 1206-0001 Elevation -41 MLLW Dredge Depth Section Area SF Length Volume CF Volume CY 1 0 100 2700 100 2 54 100 12950 480 3 205 100 27650 1024 4 348 100 28150 1043 5 215 100 23450 869 6 254 100 25250 935 7 251 100 34500 1278 8 439 100 50900 1885 9 579 100 28950 1072 10 0 TOTAL 8685 McKIM & Creed Project Number 126-0001 11/21/2005 401 WATER QUALITY CERIFICATION PAGE p 15nit um`?e: Permit Gass is_. r^.ene?c41 STATE OF FORTH CAROLINA 1S' Dep3rtmenl of NLivurji Rc;o,trLcs and Community Des'elopment t and 4 Co_Sta? Resources Comrnission ttvv 33 t t ni i t till for F'= 19g? Major Dv-eioataent in an Area of Environmental 4 `J Convert: pursuant to.NCGS 113A-IIS OFFICE OF CAL MGT. WILfAiNGTON, 14. C. Fxcavauon ardor filling pursuant to NCGS 1133-2-2-9 rx%oN F. 0. Boa ice. C, G;il i ton, `.C 28402 lss::ed to - 'l.;. _ dC%'C!t', 11 as Cane 1 r' :4-Ter ?oil= ti. t crmittce's 71 .7. This pen,it. issued un i= ebrua 11, 1982 is subject to compliance with the application (.Where consistent wuh the permit), all appiicabie regulations, sneciai condiri^ns and nores set forth telow. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or ma}' cause the permit to be null and void. (1) That in order to protect anadramous and juvenile shrimp populations, no c:;cavation or filling trill be permitted between the dates of taarch 1 through September 30 of any year without the prior approval of the office of Coastal ::anataemer.t. I That all excavaLed materials ;,e confined on high ground bei.ind adequate dike= or ether retaining structures co ire..ent spillover or solids into any marsh or surrounding waters. {;) ',;st the aispc:sal a--ea eS-7luent ce contained by pipe, trout) or sir.':filar de': is e to a • :nt z t ur belot•: --in )can low water mark to .revert • .. =1\ erosion any. resultanc unnecessary siltation. That tae tert:inal end of the ;ipeiina be positioned at or greater than 50' from any part of the dike and a ;:a::imum distance from spillways to allow adequate settlement of suspended solids. (See attached sheet for :additional Conditions) This permit action may be appealed by the pemni:::e or other qualified persons within twenty (20) dad's o. the issuing date. An appeal requires resolution prior to wc•ri: 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. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on February 15, 1983 :KIM & dfbd tf5?8j68fsNTffiB?r lt?6-bbd) of North Carolina /21/W that your project is consistent with the North Carolina Coastal Nfanagcment Program. Signed by Llle authority of the Secretan' of DNRCD and the Chairman of the Coastal Resources Commission. Kenneth D. Stewart, Director Office of Coastal Management This permit and its conditions are her accepted. Sicn3ture of permittee ' DWQ PERMIT APPLICATION 401 WATER QUALITY CERIFICATION F,::Ncn Comntin.: Wilmington, `:C ..%.DDITl0NA . CU:;1:1 T1Q\S ATTACHMENT A Fermi t 'NO. PAVE 16 OF 34 Sheet 2 of 2 (5) That a mater control structure he installed at the intake end of the effluent p'pe so as assure compliance Cond. No. 7. (C) T aG - the diked disposal area mL•st e constructed -- sufficient distance from the line or gin: marshland, to eiir..;nate the possibility of dike erosion into or upon the adjacent waters and/or marshland. (i) That in crd,= to protect water y^uan"'.its', runoff from the construction area must not 1?„ _increa.;e the amount of suspended sediments =r- adjace: t viatelro. person::et hill determine an increase as S1_T:1: icant of suspendec sediments is increased by 2:, T::rbsdit'. r.i s. McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 17 OF 34 APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT Deparunsnt of Adminhuatlon State of North Cuollna Department of the Army (GS 146121 Department of Natural Resoumcs ter! Community Development Corps of Enaln«n, WllmInt;ton District (GS 1.13229, 1?3215.3(t1111, 143-215.3(c), 113A-119 (33 CFR 209.320-329) Pkase type or print and fill in all blanks. If information is not applicable, so indicate by plac)nE N/A in blank. 1. Applicant Information --P?,-c. Company, D. S. A. A. Name Last First Middle B. Address ?• Q• Box 1350 Street. P. 0. Box or Route 1di1minl'ton North Carclir:s 25402 79S-CJtS G iv or Town State Zip Code Phone 11. Location of Proposed Project: A. County 11e1~r Hanover B. 1. City, town, community or landmark River Road -Cape Fear River 2. Is proposed work within city limits? Yes No C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Cane Fear River 111. Description of Project A. 1. Maintenance of existing project X 2. New work IZ?A a. Purpose of cxicavation or fill J'2 r } - r 0 ,61 tp X length ?' width-2-25'_ depth rn 2. BeiA sm'- length 1 000 width I O7 depth - 40r Ws{ w 3. Fill area length width depth 4. Other length width depth C. 1. Bulkhead length NSA Average distance waterward of hiHW (shoreline) N/A 2. Type of bulkhead construction (material) N/A . D. Excavated material (total for project) 1. Cubic yards 7000 2. Type of material Silt & Sand E. Fill material to be placed below MHW (see also VI. A) Cubic yards 2. Type of material IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No X B. Does the dispnsal area include any marshland, swamps or other wetland? Yes X_ No G Disposal Area 1. Location Ealsle Island 2, Do you claim title to disposal area? 0. Fill material snulce if fill is to be trucked in N/A E. How will excavated material be entrapped and erosion controlled? Confined Dike Area F. Type of equipment to be used Hxdra l l c. DredLe -Pine Line to Dischar pe Site G. Will marshland he crossed in transporting equipment to project site? if yes, explain NO McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION 401 WATER QUALITY CERIFICATION r V. 1 thv of Pro*t Arsa (Der,a?) A. I Priyate ATTACHMENT A PAGE 18 OF 34 2 Cocrsrrsercia! 'Defined Oil Di stributdon Point 3. Rousing Development or InduwW b. Other 1. Lot size(s) NIP 2. Elevation of lot(s) above mcan high water Si It & Sand 3. Solt type and texture 4. Type of building facilities or structures NIA S. Sewage disposal andlor waste water treatment A. Exisung N/A Planned hi B. Describe t? /4 6. Land Classification feireie one' DEVELOPED TRANSITIONAL ' CONSERVATION OTHER COI' MUNITY RURAL (See CASJA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed protect in.oiyc tnt placement of rill materiais beiow mean high water? Ycs No B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following proiect completion? Yes-No Y 2. Type of discharge Mater Sand Silt 3. Location of discharge Eagle Island VII. Proscnt rate of shoreline erosion (if known): N/A Vill. List permit numbers and issue dates of previous Department of Army Corps of En$inetrs or State permits for . wait In project area, if applicable: 6/23/70-State Perrot 4182 Dept . of Army Corp. of '_P'njx.#52 7 o 6/25 IX. L.ingth of time required to complete proiect: 2 days X. In addition to the completed application form, the following items must be provided: ,/A. Attach. a copy of the decd (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the decd or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. 'Attach an accurate work plat drawn to scale on 8'h X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113.229 (d))Enter date served D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. Babcock & kilccYx - North - - Gold Bond - South 3:1. Certification requirement: I certify that to the best of my knou-lcdgc, the proposed activity complies with the Stale of North Carolinas approved coastal management program and will be conducted in a manner consistent with such program. X11. Any permit issued pursuant to this application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. McK11Vf er 126-0001 11/21/200 Applicant's Signature oaF-al SEE REVERSE SIDE FOR MAILING INSTRUCTIONS Q-,?r M Z u- WO 2 Q Lu Qa PROPOSED MA TENANCE DREDG'I NG A (,rou•era 6grr ?rrrr) " i/seD 1 ••vr .c OCfwN - ?'-- r ? $ p e # t ? 3 S IP I r +V" L1 N t n 1 'Mir p 7"7y , . --•--- 1 {' 1` N r r r' r )'? ?',--,?r?_rt-1,,-{I_t_ t-1?(-N'- n- t-.-. 1_ )- ?I I ?s?iu.v aorf ?..? cv??n?. 1 r' '` All, ?l`I Lf 61.1 r1 ?,.. 11.1 {, •) A... ??. ?,.. e" ?.? ?.., t1.) ?1I '? ?.1 rl ?,4 1 ?? ?•? If It 1 ? ) ( O ? - Z- -- - ?- _6 ) Y. IJ I y r6 ?'1 ?y M N L.-C- r' >ti r r 1 ? ?T' 1,1 r° )? ?') DTI r?.., L,1 r1 r? ?6 ry --ry ?{ 11t ra ,11 ,r N, M.? O (Q?-11-I*_ It) tilt rr yt? o" ?r Nt 1 rt Ms Y` r? r' ?+) NI r, ?r ,fl ,? /y.? yl. L r.( 11? ,.t ?{,?? t 1? Ir ? 1? ?y Q QI ytr >,?•?M'' t? ,,.1 fr 11.1 4" r.r f? ry ?1 fl •r1 1, 1 .6 11 1. U y=1 y+ -.i' t-??+1? r ?? 1---•-r?- - C1 1,1 / It.. 1{+ itl ,r1 J \ ) 1 1 1 It• 11 , 1 ). 1. -jT-`,t)-1'?/-1,+-I1t-1{?,_rC 1.1-1(.r_1•!_11X?..__- [].. 1 /r1 11.6 Iri /?7 ?6 /rl I y.. JI ?1 1?, 11.1 >tl ,fl ?1 11.1 1{.r `I ??.? ?. it 1) --k,?f-:.s_c..,r...l.,. ! a_ 1 >r 1 r 11 ¢ ?1 1 1• {%) /,.1 1,6 1.. 11 II tl tI •, 1 Q I 1 J ?' . ,. r.. ?_- J 1 ?r ,11 11' It/ I Pt Irt YI 1I 1. ,{ altt `r ,(t 11 1,? ?'-O'`t- - y{ -,?,,1 Ir 1 L ,. 1t 1? ;.• I t r' 1'' r t . t 1 1 f i r r ,. 1 (. ,. • y w 1 it w t 1 a w .. .. , tJ` r 11? 111 1. \11 11 1 t 1 11 r 1 11 1 If ,1 1/ 1. 1.6 1 1 I 1,.1 t.- 1) an t11t ucca t71 t MMrl 121 DIrtD IDR 11, 1"a /Fa nrulTxrrt o ?I ?) ', rl 1r 16 ' t 11 '/ n 1 1`? ' j1 I +/?? C) Z c V M rw A-T cat. ar tmnwn mArT 17.10 mrtD J." r1, lrtD, Z' t) "I7pT1L UW3 urmlx Lkat crm= L7mq rmraa rv,Im. I n ^? a I l? )) DEWML LIR7 Ktntnrr Aarom IUt7}ttl Ct prDOlq 1m. .1 y 61 vTDu TtD 6amgr= Lu D9ICITo rI rM It LLW VIA$ UW Virg* (11Dr) 0.0 1 1) Lrn OLrr.RL7 ),000 CT HAT"LIL Ta It PMgC l it RTp1C11C plroC. 1I Fu= NAIrTrUNCI p-IMIC 7? CbHIr, 0. I. 1, 190 CIL DLIT""TOr Ct m pt foal aura, L. C. ,An rl. Lift rY -,I-IN • ro,v ' I ?: L / f ll EX XON COMPANY U,S.A. ?Lo -- P. d. Box 1350 WILMINGTON, N. C. 06 DWQ PERMIT APPLICATION 401 WATER QUALITY CERIFICATION Ayj 1, 1 `??.•' ' DEPARTMENT OF THE ARMY SAVANNAH DISTRICT, CORPS OF ENGINEERS NC AREA REAL ESTATE OFFICE P.O. BOX 350 NIONCURE, NORTH CAROLINA 27559-0350 REPLY TO ATTENTION OF: Real Estate Division November 16, 2005 ATTACHM ENT A _ F 34 Noy 18 2005 r? ?,r a I Alin M 0NN a O??c SUBJECT: Proposed License No.,DACW21-3-06-3906 to Exxon Mobilplacement of dredged material into Eagle Island Disposal Area (EIDA), Wilmington Harbor, New Hanover County, North Carolina Mr. Bill Egan McKim and Creed 448 Viking Drive, Ste 100 Virginia Beach, Virginia 23452 Dear Mr. Egan: I have enclosed four copies of subject license for your review and signature. The proposed license allows Exxon Mobil to deposit approximately 8,700 cubic yards of spoil material into Eagle Island Disposal Area (EIDA), Wilmington Harbor, New Hanover County, North Carolina. The instrument is for a total of twelve (12) months beginning 10 November 2005 and ending 09 November 2006. If you are in agreement with the terms and conditions of the proposed license, please have the appropriate official sign all copies, execute the Corporate Certificate and return all copies along with remittance in the amount of $1,300.00. This payment comprises the administrative fees ($500.00) associated with the preparation of this license and monitoring fee ($800.00) for the term of the license. The remittance should be made payable to.the Finance and Accounting Office, Savannah District. Checks have already been received for the above project. McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION 401 WATER QUALITY CERIFICATION ATTACHMENT A PAGE 21 OF 34 Upon Execution on behalf of the United States, a fully executed copy will be furnished you for your records. Should you have any questions regarding this action, you may contact me at (919) 524-6393. Sincerely, (? a. Patricia A. Holmes Team Leader NC Management Team Enclosures Copy furnished: Mr. Robert Keistler Navigation Project Manager Department of the Army Wilmington District, Corps of Engineers 69 Darlington Ave Wilmington, NC 28402 Department of the Army Savannah District, Corps of Engineers Attn: CESAS-RE-RM (Bruce Bringman) P.O. Box 889 Savannah, Georgia 31402-0889 Department of the Army Wilmington District, Corps of Engineers Attn: Mr. Justin Arnette P.O. Box 1890 Wilmington, NC 28402 McKIM & Creed Project Number 126-0001 11/21/2005 2 DWQ PERMIT APPLICATION ATTACHMENT A 401 WATER QUALITY CERIFICATION PAGE 22 OF 34 DISTRIBUTION: DATE ;CESAW-Plvl-C ; CESAS-RE-RMI N CESAS-RE-RM ; EXXON MOBIL DEPARTMENT OF THE ARMY LICENSE NO. DACW21-3-06-3906 EXXON MOBIL EAGLE ISLAND DISPOSAL AREA WILMINGTON HARBOR NEW HANOVER COUNTY, NORTH CAROLINA WHEREAS, THE UNITED STATES OF AMERICA, hereinafter called the "GRANTOR" has acquired an in fee the lands hereinafter described for the operation and maintenance of the Wilmington Harbor, Wilmington, North Carolina, including that particular property designated as Eagle Island Disposal Area. WHEREAS, the Wilmington District, U.S. Army Corps of Engineers is responsible for the Wilmington Harbor Project and as such is responsible for the operation and maintenance of the Eagle Island Disposal Area and the North Carolina State Ports Authority (SPA) is responsible for providing all real estate interest required for the Project and, SPA shares the cost of disposal area dike construction with the Government and; WHEREAS, EXXON MOBIL, hereinafter called the "GRANTEE", has acquired from the Wilmington District Engineer concurrence for the placement of approximately 8,700 cubic yards of spoil material into the Eagle Island Disposal Area. This instrument is effective November 10, 2005 and expires on November 09, 2006. NOW THEREFORE, the Grantor does hereby agree for the Grantee, to place spoil material in the Eagle Island Disposal Area as identified on Exhibit "A", attached hereto, and to utilize said property in accordance with the terms and conditions stated below: 1. The consideration for this License is: a. The Grantee shall remit a check in advance made payable to the Finance and Accounting Officer, Savannah District in the amount of One Thousand Three Hundred (51,300) dollars for administrative fees associated with the preparation of this license ($500.00) and monitoring fee ($800.00). Subject check shall have the license instrument number (DACW21-3-06-3906) printed in the lower left hand corner of said check. The check should be forwarded to the U.S. Army Corps of Engineers, Savannah District, ATTN: RE-RM, Post Office Box 889, Savannah, Georgia 31402-0889. McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A LICENSE NO. DAC`V21-3 $061,x/ 04" QUALITY CERIFICATION PAGE 23 OF 34 WILMINGTON HARBOR, NEW HANOVER COUNTY, NORTH CAROLINA b. Prior to commencing operations the Grantee shall remit a check made payable to the Finance and Accounting Officer, Wilmington District, in the amount of Twenty One Thousand Seven Hundred Fifty Dollars ($21,750.00) based upon the anticipated volume (yardage) of disposal material placed in the Eagle Island Disposal Area (8,700 cubic yards). c. The actual total volume of material deposited by Grantee shall be determined by pre and post surveys (see Condition 18). Should the amount of material deposited in the disposal area exceed 8,700 cubic yards, the Grantee shall make payment for this overage at the current disposal fee rate of $1.5.0 per cubic yard. Subject check shall have the license instrument number (DACW21-3-06-3906) printed in the lower left hand corner of said check. Check shall be made payable to the Finance and Accounting Officer, Wilmington District. This payment should be forwarded to the U.S. Army Corps of Engineers, Wilmington District, ATTN: SAW-PM-C, Post Office Box 1890, Wilmington, North Carolina 28402-1890. Said payment shall be made within 30 calendar days of completing dredging operations. d. Should the amount of dredged material deposited by Grantee in the Eagle Island Disposal Area be less than 8,700 cubic yards, Grantor shall reimburse Grantee for the determined underage at the rate of S1.50 per cubic yard. 2. Special Conditions a. The Grantee shall schedule on site pre-work and post work meetings with Mr. Robert Keistler, Wilmington District's POC, 910-251-4709. b. Two (2) representatives of the contractor shall be stationed at the disposal site at all times during the dredging operation. c. All work shall be conducted in accordance with applicable Department of the Army (DA), North Carolina Division of Coastal Management (NCDCM), and North Carolina Division of Water Quality Permit (NCDWQ)'authorizations. d. All equipment and materials, other than dredged material, must be removed from the property within 14 days after completion of the dredging operations. e. Specific dredged material disposal events shall be subject to review and approval of the Wilmington District Engineer or his authorized representative. Approval of specific disposal request is dependent on the schedule of activities at the identified disposal facility as well as available capacity. Prior to commencing with any dredging, the Grantee, along with the Grantee's dredging contactor shall meet with Mr. Robert Keistler. The proposed meeting is to schedule the Grantor's dredging work and the private party dredging work with assurance that the Grantor's work can be completed within the environmental hydraulic dredging window in the upper Cape Fear River. The Wilmington District Engineer or his representative reserves the right to unilaterally deny use of Eagle Island Disposal Area to the Grantee for use as a dredged material disposal site based on the scheduling meeting outcome. McKIM & Creed Project Number 126-0001 11/21/2005 2 y?D??W??Q PERMIT APPLICATION ATTACHMENT A LICENSE NO. DACW21-3 JP61-3? JER QUALITY CERIFICATION PAGE 24 OF 34 WILMINGTON HARBOR, NEW HANOVER COUNTY, NORTH CAROLINA f. Grantee will be required to demonstrate that the dredged material to be placed in the disposal basin is not contaminated and is compatible with management plans for the facility (see Condition 17). g. The Grantee shall provide the Wilmington District Engineer, pre and post surveys conducted by a licensed surveyor, together with computations showing the quality of material placed in the disposal area. The pre-survey will be submitted ten (10) days prior to commencement of the operations and the post-survey will be submitted within ten (10) days after completion of the operation 3. It is understood that this license is effective only insofar as the property rights of the Grantor in said disposal area. 4. That the exercise of the privileges hereby agreed to shall be without cost or expense to the Grantor, under the general supervision and subject to the approval of the officer having immediate jurisdiction over the property, hereinafter referred to as "said officer", and subject to such regulations as may be prescribed by the Wilmington District, from time to time, including, but not limited to, the special conditions, requirements and specifications set forth in Item 2, Special Conditions. 5. That the Grantee shall supervise said disposal operations and shall immediately repair any damage found therein as a result of such operations, or when requested by said officer. 6. That any property of the Grantor damaged or destroyed by the Grantee or his agents incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Grantee to the satisfaction of the said officer, or in lieu of such repair or replacement, the Grantee shall, if so required by the said officer and at his option, pay to the Grantor money in an amount sufficient to compensate for the loss sustained by the Grantor by reason of damage to or destruction of Grantor property: 7. That the Grantor shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein. granted, or for damages to the property of the Grantee, or for damages to the property or injuries to the person of the Grantee, or the persons of Grantee's officers, agents, servants, or employees or others who may be on said premises at their invitation or the invitation of one of them arising from Grantor's activities on or in the vicinity of the said premises, and the Grantee shall hold the Grantor harmless from any and all such claims, not including damages due to the negligent or willftil misconduct of the Grantor's officers, employees or its contractors. 8. That the Grantor shall in no case be liable for any damages or injury to the Grantee's herein authorized which may be caused by any action of the Grantor, under the rights obtained in its dredge material easement, either hidden or known, or that may result from future operations undertaken by the Grantor, and no claim or right to compensation shall accrue from such damage McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A LICENSE NO. DACW21-3-U?-W6ER QUALITY CERIFICATION PAGE 25 OF 34 WILMINGTON HARBOR, NEW HANOVER COUNTY, NORTH CAROLINA or injury, and if further operations of the Grantor require the use of the area herein authorized, the Grantee shall, upon due notice from the Wilmington District Engineer, cease all operations without expense to the Grantor and no claim for damages shall be made against the Grantor. 9. The exercise of the privileges hereby agreed to shall be conducted in such a manner as not to conflict with the rights of the Grantor, nor to endanger lives and safety of the public. 10. This license may be terminated by the Secretary of the Army upon reasonable notice to the Grantee if the Secretary of the Army determines that disposal operations to which this license is hereby granted interferes with the use of said land or any part hereof by the Grantor. This license may be annulled and forfeited by declaration of the Secretary of the Army for failure to comply with any and all of the provisions and conditions of this instrument. 11. That upon the relinquishment, termination, revocation, forfeiture or annulment of the license, the Grantee shall vacate the premises, and remove all property of the Grantee there from. If the Grantee shall fail or neglect to remove said property and so restore the premises, then at the option of the Secretary of the Army, the said property shall either become the property of the Grantor without compensation therefore, or the Secretary of the Army may cause it to be removed and the premises to be restored at the expense of the Grantee, and no claim for damages against the Grantor, or its officers or agents, shall be created by or made on account of such removal and restoration. 12. Without prior written approval of said District Engineer the Grantee shall neither transfer or assign any of the privileges herein agreed to, nor grant any license or interest whatsoever in, under, or upon any of the lands included under this license. 13. That the Grantee within the limits of his/her respective legal powers shall comply with all Federal, interstate, state, and/or local Grantor regulations, conditions or instructions for the protection of the environment and all other matters as they relate to real property interests granted herein. 14. Except as otherwise specifically provided, and reference herein to "Secretary", "District Engineer", "Installation Commander", or "said officer" shall include their duly authorized representatives. Any reference to "Grantee" shall include assignees, transferees and their duly authorized representatives. 15. The Grantee shall provide the Wilmington District Engineer, ATTN: SAW-PM-C, a copy of the North Carolina Department of Environment and Natural Resources, Division of Water Quality Section 401 permit certification within 30.days of receipt of License No. DACW21-3-06-3906. If certification has not been provided within the 30-day time frame, the instrument shall become void. McKIM & Creed Project Number 126-0001 11/21/2005 4Da DWQ PERMIT APPLICATION ATTACHMENT A LICENSE NO. DACW21-3_JPd_A ER QUALITY CERIFICATION PAGE 26 OF 34 WILMINGTON HARBOR, NEW HANOVER COUNTY, NORTH CAROLINA 16. The Grantee's use of the' area is not to interfere with any on going work within the disposal area. The Wilmington District Engineer reserves the right to temporarily deny the use of the area, specify the location of the discharge lines or whatever he deems necessary to protect the Grantor's interest. 17. The Grantee, in accordance with the Wilmington District Engineer's requirements, shall test all materials to be placed in the Eagle Island Disposal Areas. Testing requirements may be obtained from the Wilmington District's Project Manager ATTN: (SAW-PM-C). The use of the Grantor's disposal area will not be approved until the sediment testing results have been submitted and accepted by the District Engineer. 18. The total volume of all material removed shall be measured by the cubic yards removed from the dredging area, by computing the volume between the bottom surface shown by the soundings of a survey before dredging and the bottom surface shown by the soundings of a survey made as soon as practicable after the completion of the dredging. A before dredge hydrographic survey must be performed and submitted with quantity calculations, of the Wilmington District prior to commencement of dredging. An after dredge hydrographic survey, with quantities, is required following the dredging activities. THIS LICENSE is not subject to Title 10, United States Code, Section 2662, as amended. McKIM & Creed Project Number 126-0001 11/21/2005 qa DWQ PERMIT APPLICATION ATTACHMENT A LICENSE NO. DACW21-A%1 hOOF' QUALITY CERIFICATION PAGE 27 OF 34 WILMINGTON HARBOR, NEW HANOVER COUNTY, NORTH CAROLINA IN WITNESS WHEREOF, I have hereunto set my hand, by authority of the Secretary of the Army this _ day of )2005. UNITED STATES OF ANIERICA EXXON MOBIL, accepts this license instrument and the terms and conditions stated herein this - day of 22005. EXXON MOBIL PLEASE SIGN & DATE By: Title: WITNESSES: McKIM & Creed Project Number 126-0001 11/21/2005 ' DWQ PERMIT APPLICATION ATTACHMENT A 40 ATER QUALITY CERIFICATION PAGE 28 OF 34 LICENSE NO. DACW21-3-06-3906 WILMINGTON HARBOR, NEW IIANOVER COUNTY, NORTH CAROLINA CORPORATE CERTIFICATE I, , certify that I am the of EXXON MOBIL, that who signed the foregoing instrument on behalf of the company was then of the company. I further certify that said officer was acting within the scope of powers delegated to this officer by the governing body of the company in execution of said instrument. PLEASE SIGN & DATE SIGNATURE: DATE: (SEAL) McKIM & Creed Project Number 126-0001 11/21/2005 7 ' DWQ PERMIT APPLICATION ATTACHMENT A LICENSE NO. DACW21-3 $& ?/11A0 ER QUALITY CERIFICATION PAGE 29 OF 34 WILMINGTON HARBOR, NEW HANOVER COUNTY, NORTH CAROLINA ACKNOWLEDGEMENT STATE OF GEORGIA) : ss COUNTY OF CHATHAM) Before me a Notary Public in and for the County of Chatham, personally appeared to me known to be the identical person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the said instrument by direction of the Assistant Secretary of the Army (I, L&E) for the purpose therein expressed as the act and deed of the United States of America. GIVEN under my hand and seal, this day of , 20 NOTARY PUBLIC (SEAL) My Commission Expires: McKIM & Creed Project Number 126-0001 11/21/2005 8 M z LL w0 20 2 M U W U Q z O zQ 0U ?U- U? J w a? Q t=om ?u¢ of. w o? r? V N NMM\4&CEED LICENSE NO. ue vareq Nave. s.n. too ACW21-3-06-3906 V.q+nle D-h. Y qW. 73457 c?neeer (757)131-ro02, r.,: (757)+31-1037 •eawmr reac.een 0 0 0 cfl fV G, I L• M JIM ne SCl1 Lc •. Qw, on,w Ge r10ail01riw ... ?-- EXXON CHEMICAL COMPANY "`gin`' WILMINGTON CHEMICAL TERMINAL °'?`"`? '-" S1 bdc*to w.{ KrlnCw rnoi uu_ w,R n, U EXXON DREDGING APPLICATION •?« preliminary Design OVERALL SITE PLAN & VICINITY MAP Not For. Construction. _ @. a) L ULr) 06 0 2 N - r Y (V U ? GRAPHIC SCALE 2.00 0 200 400 SCALE IN FEET -W ?iwL a e? wJ k Ul - --l- --.-- _-_... ...... -............................................. _...... .................................................... ._.................. ....... ............. ._ - - zt?o ?N N O } Q ?• _i 1 0 a m 11 z w suer p np wnn r rr [ns. r. n. ?? ? O D , .. r, .wo uresw ••aowuua uou? ?'- ---- _? s. r .?o .w• nx?po u•c. tar Mi! MytfO1 OEFi 1 Q -- - .A >. 'A 34 ExxonMobil Chemical Company DWQ PERMIT APPLICATI@M o J. Ferrone ATTACHMENT A 13501 Katy Freeway, 401 WATER QUALITY CERIFI( t$ ?M@NTerminal Supervisor PAGE 33 OF 34 Houston, TX 77079-1398 Intermediates Americas 281-870-6817 Telephone 281.870-6802 Facsimile E.®n obil Cheynical January 21, 2005 Mr. Kenneth Sisk, P.E. McKim & Creed, PA 448 Viking Drive, Suite 100 Virginia Beach, VA 23452 Re: Wilimington Terminal Dredge Permit Project #1206-0001 Ken, ExxonMobil Chemical Company hereby authorizes McKim & Creed to act as agent regarding our application to obtain a dredge permit. The permit is for our Wilmington, North Carolina property located at 3340 River Road. Regar , G Dgory J. Ferrone GREGORY J. FERRONE I'AANAGER-MARINE AND TERMINAL OPERATIONS EXXONMOBIL CHEMICAL McKIM & Creed Project Number 126-0001 11/21/2005 DWQ PERMIT APPLICATION ATTACHMENT A eg?ta®F 34 Q'? ?QG 401 WATER QUALITY CERIFICATION William G. RopAtr r 1 7 North Carolina Department of Environment and Natural Resources r 't Alan W. Klimek, P.5. Director ` 4??d ` D?vl?i4n olWater-Sluality November 9, 2005 NOV 18 2005 Exxon Mobil Chemical Company Greg Ferrone?a1Vya 13501 Katy Freeway Houston, TX 77079 Subject: EXEMPTION Stormwater Project No. SW8051106 South Wilmington Terminal Maintenance Dredging New Hanover County Dear Mr. Ferrone: The Wilmington Regional Office of the Division of Water Quality received a copy of the CAMA Major Permit Application for excavation of material from existing berth on November 1, 2005. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy of this letter, we are informing you that your project will not require a stormwater management permit, If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis at (910) 796-7215. Si cerdly, c_? 2 ; / Edward BeekW Regional Supervisor Surface Water Protection Section ENB! arl: S:1WQSISTORMWATIEXEMPT1051105 Nov. 05 cc: Tony Roberts, New Hanover County Inspections Doug Huggett, DCM Linda Lewis Wilmington Regional Office Central Files McKim & Creed McKI_M_& Creed Proiert NumhPr 19R nnnl 11 /21 /999,arolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Service 1.-877-623.6748 Wilmington Regional Ofte Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet: h2o.encstate.nc.us