JOINT PERMIT APPLICATION PACKAGE

JOINT PERMIT APPLICATION PACKAGE Delaware City Refining Company LLC Shoreline Stabilization & Restoration Project Date: Prepared For: Delaware City Refining Company LLC 4550 Wrangle Hill Road Delaware City, Delaware, 19706 Prepared By: In Association With: Cardno ENTRIX 10 Corporate Circle, Suite 300 New Castle, Delaware 19720 Living Shoreline Solutions, Inc. 12646 Grand Traverse Drive Dade City, Florida 33525

Joint Permit Application In an effort to maintain the highest level of written communication and transparency between agencies, this permit application package contains the required permit application elements for both the State of Delaware (DNREC) and the U.S. Army Corps of Engineers (USACE). Both agencies have been sent identical applications for their records. The USACE has also received an electronic copy of this application. This submittal is being provided: 1) Based on the USACE s communicated preference to consider this project under an Individual Permit (IP) application, which includes the additional information incorporated into this submittal; 2) To respond to the USACE s request for additional information; 3) To reflect design modifications, primarily associated with the extent of proposed nourishment, as suggested by the USACE; and 4) Modifications to the State of Delaware permit application to maintain consistency. A Request for Department of the Army Jurisdictional Determination (JD), CENAP Form 1891 was submitted as part of the original permit application. A Preliminary JD is still requested. This application is organized as follows: Part 1 Project Narrative Part 2 Department of the Army, General Engineering Form 4345, rev. October 2012 Part 3 Environmental Questionnaire Part 4 Delaware Department of Natural Resources and Environmental Control, Wetland and Subaqueous Lands Section Permit Application Form Part 5 Delaware Department of Natural Resources and Environmental Control, Wetland and Subaqueous Lands Section Permit Application Form Appendix H Part 6 Delaware Coastal Zone Consistency Review Part 7 Consultation Letters and Responses Part 8 Adjacent Property Owners & Mailing Addresses Part 9a Project Design 8.5 X 11 Part 9b Project Design 11 X 17 Part 10 Model Delaware City WAD s Installation Wave Study and Layout Design Part 11 Survey Information Part 12 Laboratory Data Prepared for Delaware City Refining Company LLC Page i

PART 1 Project Narrative

Delaware City Refining Company Shoreline Stabilization & Restoration Project Part 1: Project Narrative Presentation of Project Needs and Project Purpose: The shoreline located on the Delaware City Refining Company property, New Castle, Red Line Hundred, New Castle County, Delaware, in the vicinity of the Dock Area, is being impacted by erosional forces predominantly associated with wave energy from storm events. Review of the National Wetland Inventory map (NWI), dated circa 1982, depicts the tidal limits at the time the map was created (Figure 1). Overlaying the NWI information on more recent aerial photography depicts the former tide line as being well within the current intertidal zone. The extent of tidal encroachment is obvious. A similar evaluation was performed comparing the amount of encroachment between 1982, 2007, 2012, and 2013 over a portion of the project site (Figure 2). Between 2007 and 2013 approximately 9,500 square feet of uplands have been lost within that portion of the project evaluated. Between 2012 and 2013 approximately 3,200 square feet of uplands have been lost within the portion of the project evaluated. Review of historical photography suggests that the rate of shoreline erosion is increasing. Panoramic photography of this area is provided at the end of Part 1. The extent of the shoreline erosion has reached a point where facility infrastructure is at risk. One area of particular concern is associated with the firefighting infrastructure, used for vessel and dock fire response. The less visible shoreline located under the piers, and especially the boat house, is also experiencing erosion. The erosion is greatest in the southern portion of the Dock Area, referred to as the Phase 1 (of 2) Area. The project purpose is to meet the following goals: > Eliminate the majority of the wave energy causing the erosion from reaching the shoreline; > Provide a designed solution that has the resilience to deal with Sea Level Rise (SLR) for at least 50 years; > Meet stabilization goals and restore the shoreline to be more ecologically functional (i.e., provide for eco-function up-lift); and > Provide for natural accretion, a small portion of which will initially be supplemented with the placement of dredged material from an on-site designated dredge material storage area (DMSA) (re-use). Consideration of Alternatives: The consideration of alternatives focused predominantly on the project goals noted above. Four alternatives were considered for this project: 1. No Action; 2. Shoreline Riprap; 3. Energy Attenuation (with complete nourishment for the Phase I portion); and 4. Energy Attenuation (with minimal nourishment for the Phase I portion). Prepared for Delaware City Refining Company LLC Page 1

Alternative 1 No Action The No Action alternative would result in the continued severe erosion along the Dock Area. Structural foundations would continue to be compromised. Facility infrastructure (e.g., that critical for firefighting) would continue to be destroyed, eventually preventing the dock facility to function within required parameters. The No Action alternative could expectantly and eventually lead to dock facility failures resulting in human risk. None of the project goals are met under the No Action alternative. Alternative 2 Shoreline Riprap Approximately 2,700 linear feet of shoreline riprap (mixed new riprap placement and additions to existing riprap) has the ability to protect a shoreline for a period of time. Under this scenario, the riprap may be placed below the intertidal zone and in the uplands immediately above the high tide line. The riprap has been used in the project area previously with limited success. The tidal waters have continued to encroach landward using this technique. In addition, this approach does not meet the project goals for SLR or storm resilience, wave energy reduction, or ecological functional uplift. This technique is no longer a preferred alternative by most resource agencies because of its resulting low ecological uplift and the inhibitions to intertidal and supratidal habitat utilization by certain species (e.g., turtles, horseshoe crabs, and certain birds). This alternative would require limited nourishment channelward of the riprap. Alternative 3 Energy Attenuation with Complete Nourishment for the Phase I Portion Alternative 3 would include the deployment of 934 wave attenuation devices (WADs) parallel to approximately 2,714 linear feet of the shoreline near the mean low tide line. The alternative would also include dredged material nourishment re-use, involving the placement of approximately 11,000 cubic yards of dredged material over a 3.05-acre (132,660 square feet) area located landward of the WADs. Approximately 1,015 cubic yards of the 11,000 cubic yards of dredged material was determined to be necessary for infrastructure and foundation protection (restoring pre-existing intertidal elevations). The nourishment volume will restore soft bottom habitat to a pre-existing intertidal elevation suitable for intertidal benthic populations and volunteer re-establishment of intertidal vegetation. An additional approximately 800 cubic yards of material would also be used above the high tide line to restore a natural grade between the top of bank cut and the high tide line (non-regulated work). This alternative met all of the project goals. The energy attenuation technology is a relatively new applied science, providing opportunity for a larger array of ecological uplifts throughout the entire coastal regime (supratidal through subtidal). The nourishment of approximately 11,000 cubic yards of dredged material would bring the site to the ideal elevation for volunteer repopulation of intertidal vegetation. Absent the dredged material, the site would passively accrete to a targeted elevation at a slower and more stormdependent pace. Since this project is the first application of this technique in the Delaware River Basin, the spreading of approximately 11,000 cubic yards of dredged material over more than 3 acres of intertidal surface may raise concerns with certain agencies until the technology is proven successful locally. Alternative 4 Energy Attenuation with Minimal Nourishment for the Phase I Portion Alternative 4 would include the deployment of 934 WADs parallel to approximately 2,714 linear feet of the shoreline near the mean low tide line. The alternative would also include dredged material nourishment re-use, involving the placement of approximately 1,015 cubic yards of dredged material necessary for infrastructure and foundation protection (restoring to pre-existing intertidal elevations). The 1,015 cubic yards of re-use would have a dual purpose of restoring soft bottom habitat to a pre-existing intertidal elevation suitable for intertidal benthic populations and the volunteer re-establishment of intertidal Prepared for Delaware City Refining Company LLC Page 2

vegetation. An additional approximately 800 cubic yards of material would also be used above the high tide line to restore a natural grade between the top of bank cut and the high tide line (non-regulated work). This alternative met all of the project goals. The short-term ecological uplift would be less than that of Alternative 3, due to the reduced nourishment volume and extent. However, this alternative does limit the nourishment to that which was determined to be necessary to protect current investments and maintain facility safety. Based on the cumulative feedback from the regulatory agencies, the incorporation of a reduced volume of dredged material appears to be the more universally acceptable approach. Selection of Alternative Alternatives 3 and 4 appear to meet all of the project goals and represent green approaches. Alternative 4 appears to be a more universally acceptable approach compared to Alternative 3. Alternative 1 was rejected outright, because the severe erosion at the project area cannot be ignored. Alternative 2, while offering some short-term benefit, falls short of many of the project goals (e.g., ecologically appropriateness and resiliency). Therefore, Alternative 4 was selected. Description of the Proposed Applied Technology: The proposed applied technology is wave energy attenuation. Unlike breakwaters or sills which deflect or diffract a great deal of the wave energy, wave energy attenuation breaks up the majority of the concentrated wave energy as the wave passes through the attenuation devices prior to reaching the shoreline. This technology affects the primary cause of shoreline erosion and impairment; it converts the effected shoreline from a higher energy system to a lower energy system, promoting passive accretion. The project will involve placing a double row of WADs near the mean low tide line. The WADs will be placed parallel to the shoreline, running approximately 2,714 linear feet. Prepared for Delaware City Refining Company LLC Page 3

JOINT PERMIT APPLICATION PACKAGE Delaware City Refining Company Shoreline Stabilization & Restoration Project Prepared for Delaware City Refining Company LLC Page 4

JOINT PERMIT APPLICATION PACKAGE Prepared for Delaware City Refining Company LLC Page 5

Delaware City Refining Company Shoreline Stabilization & Restoration Project The WADs would be installed over two to three independent phases (i.e., WAD Installation Phase I (1,446 l ft.; 497 WADs) and Phase II (1,268 l ft.; 437 WADs)), see Part 9a or 9b, Sheet 4 of 9. The passive accretion will improve the sediment profile and grade. Combined with the reduced energy, the project will allow for shoreline configuration, substrate, and benthic and vegetative community uplifts. Within the Phase I Area, the foundation of the boat house (south area) and the firefighting infrastructure (north area) are experiencing increasingly severe erosion during the past nearly two years. Nourishment extending up to 50 feet below the foundation and infrastructure, mimicking preexisting intertidal elevations, is being proposed (see Part 9a or 9b, Sheet 7 of 9). The remainder of earthwork will occur landward of the high tide line (HTL). Nourishment will be performed in areas having non-vegetated shoreline in Phase I. The Phase II area currently has intertidal vegetation, so nourishment will not occur in this area. The maximum accretion elevations landward of the WAD arrays were designed to mimic the elevation of the low marsh (E2EM1P) observed on-site. The end product will be a low-grade intertidal area that will work with the WAD arrays as a system to reduce energy and allow for marsh vegetation recovery/reestablishment. Additionally, the improved marsh habitat will also help to naturally protect DCRC s ship dock infrastructure. This project design has incorporated safety, security, and spill prevention elements. These elements include two emergency vessel access openings in the WAD arrays. In addition, the placement of the WAD arrays affected the current emergency boom deployment strategy. As such, the emergency boom deployment configuration warranted modification, resulting in new boom deployment structures (44 individual pilings). The modification will result in improved emergency spill containment, channelward of the WAD arrays. The project is planned to commence in the summer of 2014 and run through 2015. Positioning of Structures: Two sets of structures will be placed as part of this project. One set of structures to be placed is pilings associated with boom anchoring for spill response improvements. These pilings will be placed at a maximum spacing of 90 feet, approximately 20 feet channelward of the WAD arrays, but landward of the dock structure. This separation distance allows for small emergency response vessels to deploy and manage the booms during responses and allow for boom line sag. A total of 44 pilings are proposed, inclusive of landward anchor posts; 22 pilings in Phase I and 22 pilings in Phase II. The top of piling elevation will be 12 feet. The 12-foot elevation was specified based on the Super Storm Sandy maximum HTL of 9.74 feet recorded at the Delaware City tidal gage, plus two feet. The pilings will be installed using a barge-mounted pile driver or similar equipment. To stabilize the barge during operations, steel or wood Prepared for Delaware City Refining Company LLC Page 6

columns (spuds) would be extended to the river bottom to anchor the barge. Piles will be driven to their design depth and cut off at an elevation of 12 feet. The boom material will be comparable to that currently used. Note the stone, brick, and other debris in substrate preventing establishment of vegetation. WADs will be placed in a linear double array with the center line approximately following the mean low water (MLW) line, average elevation 1 foot (with the mean lower low water (MLLW) line being at a tidal datum elevation of 0 foot). The mean high water (MHW) line is 5.52 feet. The HTL was visibly estimated to be approximately 6.5 feet. Since the WAD arrays will be approximately following the MLW line, the distance from the uneven shoreline will vary slightly. Refer to the design plans for specific details on WAD array placement. Each WAD is three-sided pyramidal, hollow, and has beveled triangular openings on each side. The WADs are approximately 5 feet high with a 10-foot base. The WADs will have up to 1-foot spacing. Because the WADS are hollow, the footprint of each WAD on soft bottom substrate is only an approximate 14 square feet. New threedimensional hard surface created per WAD is more than 256 square feet. Table 1 provides a summary of associated habitat matrices. There are no similar structures in the area. WAD arrays do not require any riprap outflanking. The USACE method, as included in the ACES (Automated Coastal Engineering System) software, was used to estimate the wave conditions generated by the 5 percent and 2 percent extreme (see Part 9). Using the proposed WAD array configuration, worst case 2 percent extreme storm waves (slightly less than 2 feet) would be reduced to less than 4 inches in height, virtually eliminating the erosive energy contacting the shoreline. Table 1. WAD Habitat Matrices Phase I II Length (l ft) 1,446 1,268 # of WADs 497 437 SBC- Soft Bottom Coverage (ft 2 ) (lower is better) 6,958 6,118 SBC/l ft 4.81 4.82 NHS - New Hard Surface Area (ft 2 ) (higher is better) 140,229 123,229 NHS/l ft 96.98 97.18 SHS Soft/Hard Surface Index (SBC/NHS) (lower is better) 5.0 5.0 Nourishment: Nourishment will occur only during Phase I of the project at two specific locations where erosion is significantly affecting foundations and/or facility firefighting infrastructure. The intertidal area associated Prepared for Delaware City Refining Company LLC Page 7

with Phase II contains considerable vegetated areas and portions contain a layer of semi-suspended organic/silt layer sitting atop a harder bottom. As such, only passive accretion will occur in Phase II. The nourishment in Phase I will cover rock, stone, and concrete currently layering this portion of shoreline, which is impacting the establishment of vegetation and optimum soft bottom ecological functions. The proposed project will use approximately 1,015 cubic yards of dredged material, settled volume. The dredge material for re-use will be trucked in from an on-site designated DMSA; sand-based material with limited fines will be targeted within the DMSA. Prior to transport and placement of the dredged material, representative sediment quality data will be provided to DNREC and the USACE for review and approval. Ecological Up-Lift: There is a considerable amount of ecological uplift associated with this project. The stabilization of the shoreline allows for a stable shoreline ecosystem to develop. The intertidal zone will receive limited nourishment and natural accretion. The nourishment and accretion will start to re-establish a gently sloped, soft bottom, intertidal zone for natural establishment of vegetation, creating a more amiable environment for eventual marsh establishment. The structural component of the project also provides significant benefits. This portion of the river has predominantly soft bottom shorelines and limited hard surface for sessile organisms. The placement of the 44 pilings will result in the cumulative loss of approximately 34 square feet of soft bottom substrate. However, each piling will provide between 6 and 15.7 square feet of sub and intertidal hard surface for sessile organisms (depending on piling location), totaling approximately 400 square feet of hard surface. The hard surface area provided by the WADs within the intertidal zone will be approximately 263,528 square feet (256.5 square feet per smooth WAD, 307.8 square feet per corrugated WAD). This structure will also provide excellent fish habitat without the risk of trapping organisms landward of the structures during low tide periods. When comparing the use of a double WAD array to a stone sill or breakwater of similar height (e.g., 5 feet high with a 5-foot crest with 3:1 slope channelward side and a 2:1 slope landward side), the loss of soft bottom substrate would be 81,420 square feet; 725 percent more soft bottom impact compared to the impact if using the WAD arrays. Comparing a hard surface area provided by the same sill (multiplying the surface face by 1.45 to account for roughness), a hard surface area of 125,890 square feet was calculated, just 54 percent of that provided by the WAD arrays. The soft bottom/hard surface ratio (SHS) for the WAD arrays was 5.0 percent; the comparable sill was 64.8 percent (lower is better). In addition, the WAD arrays provide a greater dimensional (vertical) profile, with habitat throughout the entire intertidal elevation and across the entire array, where sills are much more surficial (planar). Proposed Monitoring: Note the existing heavy daily turbidity. The proposed monitoring will involve establishing six base (preconstruction) elevation points per phase. Elevation at these points will be measured immediately post WAD placement, and at a minimum, twice a year for three years. Changes in elevation will be documented. In addition, shallow borings (up to 24 inches) will be collected carefully at low tide to document depositional profiles. Vegetation establishment will also be documented within the intertidal zone. Plots of new volunteer vegetation greater than 50 square feet will be located with GPS and plotted Prepared for Delaware City Refining Company LLC Page 8

on a plan. Smaller populations of vegetation, not GPS located, will be noted. Structural stability and integrity will be documented for the WADs, as well as evidence of ecological utilization. Photodocumentation will also be collected. Permits Requests: This application is seeking a DNREC Subaqueous Lands Permit and a Department of the Army Individual Permit. 401 Water Quality Certification and Coastal Zone Management Consistency Concurrence are also being requested from the state. As previously communicated, a Preliminary JD is being requested. Due to the clear ecological uplift relative to the minimal negative impact, this project is believed to be selfmitigating. Prepared for Delaware City Refining Company LLC Page 9

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JOINT PERMIT APPLICATION PACKAGE Prepared for Delaware City Refining Company LLC Page 11

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JOINT PERMIT APPLICATION PACKAGE Beginning to lose fire safety infrastructure Prepared for Delaware City Refining Company LLC Page 13

About Cardno ENTRIX Cardno ENTRIX joined global consulting firm Cardno in 2010 and operates within Cardno s Natural Resources Management and Health Sciences Division. Cardno ENTRIX is an environmental, natural resource, and health sciences consulting firm specializing in water and natural resources management, environmental permitting and compliance, environmental liability management, economics, and health sciences. Cardno ENTRIX helps clients navigate complex environmental, natural resource, and business challenges with teams of multi-disciplinary specialists well-versed in creative problem-solving techniques. To learn more, visit www.cardnoentrix.com, www.cardno.com. About Cardno ChemRisk Cardno ChemRisk is an internationally recognized risk assessment consulting firm specializing in understanding the hazards posed by chemicals in foods, soil, sediment, air, water, and medical devices. Cardno ChemRisk, as a Cardno division and operating unit of Cardno ENTRIX, helps clients characterize the health and environmental risks associated with complex exposures involving chemicals, pharmaceuticals, or radionuclides in a variety of media and environments. About Cardno Cardno is a professional infrastructure and environmental services company, with expertise in the development and improvement of physical and social infrastructure for communities around the world. Cardno s team includes leading professionals who plan, design, manage and deliver sustainable projects and community programs. Cardno is an international company listed on the Australian Securities Exchange [ASX:CDD]. 1 800 368 7511 www.cardnoentrix.com www.cardno.com