19961054 Ver 2_Other Agency Comments_20100721

Permit Class C?LP - 1'D 5 t, Permit Number
MODIFICATION/MAJOR nlc,.i No s r?vve - V? Vd 90-97
(bv CRC Variance) STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission Dnjj
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mit?Z_0/,
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for qjol
X Major Development in an Area of Environmental Concer
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Bennett Brothers Yachts, Inc., 1701 J.E.L. Wade Drive. Wilmington, NC 28401,
Authorizing development in New Hanover County adj. Northeast Cape Fear River, north of
Holmes Bridge. Wilmington as requested in the permittee's application dated 4/6/09, including the
attached workplan drawings (3), C1-C3, all dated revised 6/10/09
This permit, issued on July 13, 2010 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Excavation
1) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between
April i" and September 30`h of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
2) Excavation shall not exceed -4.5' below the mean low water level at the landward side of the main
docks, with the depth of excavation gradually increasing to -12' below the mean low water level at the
outer edge of the authorized dredge limits. In no case shall the depth of excavation exceed the depth of
connecl:ng waters.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
June 20, 2014
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
1
y, James R Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Bennett Brothers Yachts, Inc. Permit #90-97
Page 2 of 4
ADDITIONAL CONDITIONS
3) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
4) No excavation shall take place at any time outside of the area indicated on the attached workplan
drawing(s).
5) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted, with this exception of that excavation which is specifically
authorized by this Major Modification. Dredging in any manner outside of the approved alignment,
including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and
enforced throughout the entire existence of the permitted development.
NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at [phone], ext. 108
to discuss operations and appropriate lighting, markers, etc. for all dredge equipment.
Spoil Disposal
6) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
7) No spoil material shall be placed within 30 feet of the normal high water line.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan may be required for this project. If required, this
plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity.
Submit this plan to the Department of Environment and Natural Resources, Land Quality
Section, 127 Cardinal Drive Extension, Wilmington, NC 28405.
8) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
9) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
Y
10) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.

Bennett Brothers Yachts, Inc.
ADDITIONAL CONDITIONS
Archaeological Resource Protection
Permit #90-97
Page 3 of 4
11) According to the N.C. Department of Cultural Resources (NCDCR), just offshore of the Bennett
Brothers Yachts Marina, and adjacent to the toe of the underlying embankment, an object suggesting the
remains of a vessel 28' in width by 106' in length was discovered during a remote sensing survey of the
Wilmington waterfront. Prior to the initiation of the excavation activities authorized by this Major
Modification, the permittee shall, in coordination with the NCDCR, implement an assessment to
determine the significance and susceptibility of the object to damage as a result of the authorized
excavation activities. The assessment shall be carried out by an experienced nautical archaeologist.
Contact the NCDCR at [phone] for more information on this matter.
General
12) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unr?.asonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
13) No vegetated wetlands shall be excavated or filled, even temporarily.
14) The permittee and/or his contractor shall meet on site with a representative of the Division prior to
project initiation.
15) This Major Modification shall be attached to the original of Permit No. 90-97, which was issued on
7/2/97, as well as all subsequent modifications, renewals and refinements, and copies of all documents
shall be readily available on site when a Division representative inspects the project for compliance.
16) All conditions and stipulations of the active permit remain in force under this Major Modification unless
specifically altered herein.
NOTE: Additional authorization shall be required from the Division of Coastal Management should the
permittee wish to pursue the mitigation option offered as a component of the variance request
submitted to the Coastal Resources Commission
NOTE: The expiration date of this permit has been extended in accordance with Session Law 2009-406.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to a Water Quality
Certification from the Division of Water Quality or any required authorizations from the U.S.
Army Corps of Engineers.
Bennett Brothers Yachts, Inc.
ADDITIONAL CONDITIONS
Permit #90-97
Page 4 of 4
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 96-
10542.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 2009-
0122 4 2.