19961054 Ver 2_More Info Received_20100726

Bruce Marek, P.E.
5489 Eastwind Rd
Wilmington, NC 28403
910-799-9245
July 26, 2010
Mr. David Timpy
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
Re: Reactivation of SAW-2009-01242 Maintenance Dredging, Bennett Brothers Yachts, Inc. 1701 J.E.L.
Wade Drive: Wilmington, NC 28401 based on July 13, 2010 CAMA Permit #90-97 Major Mod granted by
CRC Variance.
Dear Dave,
On July 13, 2010, Bennett Brothers Yacht, Inc. was issued a Major Modification to Permit #90-97 for
the allowance of maintenance dredging of their marina which is located on the east side the Northeast
Cape Fear River, immediately north of the Isabel Holmes Bridge. By Coastal Resource Commission
Variance dated June 14, 2010, the requested CAMA major modification for maintenance dredging of
the marina was issued on July 13, 2010. On behalf of Mrs. Patricia (Tricia) Bennett, President of
Bennett Brothers Yachts, Inc., I am asking for you to please reactivate our file, Action I.D. No. SAW-
2009-01242.
As you may remember, in response to your August 25, 2009 letter and along with the CAMA process,
a multi-agency CAMA Director's meeting was held on October 7, 2009 by Jim Cnegson. This led to a
project hold by DWQ, which allowed CAMA denial on 12-23-09, thus leading to the successful CRC
Variance.
We are now in the process of seeking our DWQ 401 Water Quality Certification and any
certifications/permits that we may need from your office.
At the October 2, 2009 Meeting, I had available a set of dredge volume calculations based on reducing
the requested dredge depth at the landward side of the main docks to -4.5 MLW from -6 MLW, as a
means of reducing impacts. Anticipated dredge volume decreased from our permit application amount
of 6700 cu yds by over 30% to 4400 cu yds. We also discussed in the meeting a proposal to offer to
provide approximately 25 tons of class B riprap at the northern end of the site, downstream of the
Sweeney Water Treatment Plant Discharge Pipe, as a mitigation effort for juvenile fish. The idea was
to keep the width of the riprap footprint to less than 10' from the shore, which would thus be
permittable, under separate application, for a riprap general permit.
The CRC welcomed our efforts to minimize the impacts of our project, and accepted at the variance
our proposal for reduction to -4.5' MLW (See 1-4-2010 Variance attachment volume calculation). The
proposal actually voted on was for a -4.5' dredge depth, with an overdig to -5' to allow for slough. The
addition of riprap is a noted condition that should we pursue to add the riprap, we will need separate
application.
In efforts to continue to show our stewardship of the environment, we stand by our offer on the riprap,
and I have briefly discussed with Cindy Karoly of DWQ the possibility of offering some marsh grasses
if that is a more acceptable mitigation effort or addition. Mrs. Bennett has been in contact with Steve
Mercer, who is a local area grower of sea oats and other marsh grasses. Generally, he offers to harvest
seeds from the native plants, and will germinate, incubate and grow the plantings. The provider of
seeds is then offered a reduced rate on the cost of the transplantable marsh grasses or sea oats, and the
plantings are native to the site. Mr. Mercer has been doing this for several years, and I am familiar
with his work with Bald Head Island Sea Oats. One note is that the transplantings have very specific
time periods for success: sea oats are Mid-May to June. Any mitigation with marsh grasses needs to
be qualified to be allowed to occur at the appropriate time.
The proposed dredge site does not include any wetlands within the marina dredge footprint. It was a
deepwater marina to begin with, and we are just trying to get back to safe docks that do not rest on the
bottom twice a day at low tide.
Thanks in advance for your kind for your attention to this matter. If you have any questions, please
call me at 910-799-9245 or cell 910-228-2484. I understand that Ms. Karoly needs info from you as to
which type of DWQ 401 certification will meet the Corps' needs for us to complete our permit process.
0 y j
w
w
a.
Bruce Marek, P.E. J?"•.•'°•
Cc: Tricia Bennett, President, Bennett Brothers Yachts, Inc.
CAMA 90-97 Bruce Marek, P.E.
Proposed Revised Calculations for Variance based on Minimizing Dredging 5489 EastWind Rd.
To Keep Main Docks Afloat at MLLW Wilmington, NC 28403
1/4/2010
Approximate Dredge Volume Calculations for Bennett Brothers Yachts, Inc./Cape Fear Marina
Location D3 is at North End of Marina (North End of "U-Dock"); D27 is at South End of Marina
Length is Distance between Measurement Locations Depth Measurement Date = 2/16/2009

ocation Appx Dist to
-12.0' MLW
From Dock
Landward Side MLW Depth
at Dock
Landward Edge
2/16/2009 Desired Depth
at Dock
INBD Edge Existing
Triangular
Profile
Area sf Proposed
Triagular
Profile
Area sf Dredge
= Profile
Differece

ength

olume
01 10' -10.0' -10.0' 10 sf 10 sf 0 sf
D2A 10' -10.0' -10.0' 10 sf 10 sf 0 sf 155.0' 0 cu yds
D281 42' -0.5' -4.5' 242 sf 158 sf 84 sf
D3 30' -03' -4.5' 176 sf 113 sf 63 sf 60.0' 163 cu yds
D4 37' 0.7' -4.5' 235 sf 139 sf 96 sf 30.0' 88 cu yds
D5 41' 0.0' -4.5' 246 sf 154 sf 92 sf 96.0' 335 cu yds
D6 44' 0.0' -4.5' 264 sf 165 sf 99 sf 96.0' 340 cu yds
D7 55' 0.0' -4.5' 330 sf 206 sf 124 sf 57.0' 235 cu yds
D8 43' 0.0' -4.5' 258 sf 161 sf 97 sf 50.0' 204 cu yds
D9 44' 0.0' -4.5' 264 sf 165 sf 99 sf 32.0' 116 cu yds
D10 45' 0.1' -4.5' 272 sf 169 sf 104;f 47.0' 176 cu yds
D11 54' 0.1' -4.5' 327 sf 203 sf 124 sf 100.0' 422 cu yds
D12 73' 0.0' -4.5' 438 sf 274 sf 164 sf 51.0' 272 cu yds
D13 75' -0.2' -4.5' 443 sf 281 sf 161 sf 46.0' 277 cu yds
D14 83' -0.2' -4.5' 490 sf 311 sf 178 sf 51.0' 321 cu yds
D15 48' -1.5' 4.5' 252 sf 180 sf 72 sf 60.0' 278 cu yds
D16 48' -1.9' 7'
5
242 sf
180 sf
62 sf
78.0'
194 cu yds
D17 22' 3.5' -4.5' 94 sf 83 sf 11 sf 63.0' 86 cu yds
Di8 37' -3.2' -4.5' 163 sf 139 sf 24 sf 60.0' 39 cu yds
D19 50' -5.2' -4.5' 170 sf 188 sf -18 sf 50.0' 6 cu yds
D20 43' -3.T -45' 178 sf 161 sf 17 sf 58.0' 0 cu yds
D21 36' -3.6' -4.5' 151 sf 135 sf 16 sf 60.0' 37 cu yds
D22 44' -3.0' 75' 198 sf 165 sf 33 sf 108.0' 98 cu yds
D23A 52' -1.0' -4.5' 286 sf 195 sf 91 sf 71.0' 163 cu yds
D23B 52' -1.0' -4.5' 286 sf 195 sf 91 sf
D24 51' -2.5' -4.5' 242 sf 191 sf 51 sf 127.0' 334 cu yds
D25 63' -3.0' 4.5' 284 sf 236 sf 47 sf 70.0' 127 cu yds
D26 65' 5.4' 215 sf 195 sf 20 sf 61.0' 75 cu yds
D27 63' -8.2' 8.0 120 sf 126 sf -6 sf 117.0' 29 cu yds
Sums 1854' 4417 cu yds
`'tNp 44BSL4l Ni9f
?ja4a LI sarr
4 ; e w
f •?s p?ygoy?, E
'/ J i..>yf 08?
±. r d??/eSN
Only Sealed Copies are Official Dredge Volumes for CAMA 4.5'MLW
Mcmillan, Ian
From: Karoly, Cyndi
Sent: Monday, August 02, 2010 12:59 PM
To: Mcmillan, Ian
Subject: FW: Bennett Brothers Yachts SAW-2009-01242 Marina Maintenance Dredging: CAMA Major
Mod 90-97 7-13-2010 by CRC Variance 6-14-2010
Attachments: Bennett Brothers Yachts SAW-2009-01242 BMPE Letter 7-26-10.pdf; Bennett Brothers
Yachts Reduced Dredge Depth-Volume for Variance 1-4-10 BMPE.pdf
For the file
----Original Message-----
From: Timpy, David L SAW [mailto:[e-mail]]
Sent: Monday, July 26, 2010 2:06 PM
To: Karoly, Cyndi; Chang, David S; Shiver, Rick; [e-mail];
[e-mail]; Walker, William T SAW
Subject: FW: Bennett Brothers Yachts SAW-2009-01242 Marina Maintenance Dredging: CAMA Major
Mod 90-97 7-13-2010 by CRC Variance 6-14-2010
In follow up to my email, attached is a copy of the Bennett Bros request.
Dave Timpy
Regulatory Division
'Project Manager
US Army Corps of Engineers
Wilmington District
Wilmington, North Carolina 28402-1890
Office: 910-251-4634
Cell: 910-617-3254
Fax: [phone]
Email:[e-mail]
Website: http://www.saw.usace.army.mil
The Wilmington District is committed to providing the highest level of
> support to the public. To help us ensure we continue to do so, please
> complete the Customer Satisfaction Survey located at our website at
> http://Per2.nwp.usace.army.mil/survey.html
-----Original Message-----
From: Bruce Marek [mailto:[e-mail]]
Sent: Monday, July 26, 2010 1:37 PM
To: Timpy, David L SAW
Cc: 'Bruce Marek'; 'Bennett, Tricia'; 'Brian - Bennett Brothers Yachts'
Subject: Bennett Brothers Yachts SAW-2009-01242 Marina Maintenance Dredging:
CAMA Major Mod 90-97 7-13-2010 by CRC Variance 6-14-2010
Hi Dave,
1
Attached is a pdf copy of my letter going out to you today regarding our request to
reactivate our permit/certification requests based on Bennett Brothers Yachts, Inc. recent
attainment of its CAMA Major Modification by virtue of CRC Variance. Also attached is a copy
of my 1-4-2010 sealed calculations which were part of our variance submittal. These calcs
show a reduction in dredge depth at the landward side of the docs from -6' MLW to -4.5' MLW.
This minimization reduced dredge volume approximately 30% from our initial application.
We have also offered to place 25 tons of Class B Riprap at the north end of the site, near an
eroding area downstream of the Sweeney Water Treatment Plant Discharge Pipe. This is
approximately landward of U-Dock, the northernmost dock in the marina. This offer of
mitigation was discussed in the October 7, 2009 multi-agency meeting with CAMA Director Jim
Gregson. The offer was formalized in our Jan 2010 Variance submittals. It is referenced in
our CAMA Major Mod, but awaits further discussions by the various agencies.
I have.subsequently had discussions with Cindy Karoly of NC DWQ, where I have offered
mitigation or additional mitigation with marsh grasses, if this is deemed a more acceptable
solution. Details are in my letter.
Iassume that you already have copies of the Variance Approval Documents dated June 14, 2010
and the CAMA Major Mod dated July 13, 2010 for use for your Wednesday July 28 conference call
regarding this project. If not, I can send pdf's of what I have received.
Thanks, and have a great day!
Bruce Marek, P.E.
5489 Eastwind Rd
Wilmington, NC 28403
9iO-799-9245
Or cell: 910-228-2484
2
9 \F
z y
0
U H?
W
w
?w10
P
r- U
ON
O
z
MMW
Fr'i
xvi
a 2-
rn
ry.
C W
T
I Z
Z r
I
O V) _1
qao
N C
CY
a
Sz?I
a I<C
3
zo,
wmw
Y CY 3: W
Z
(1d CO
_J
L w
v<w
I`a>
S

W
X
n
<C
I
C r
U'_
n
w
W
J
Z
Z
T
T
0
Z
Q V'
n .,
Jr U) C 1 "
lr - I?
,L
c I?z fl y Q
z O ? L
z a
1. UIn7
C oC
115
a o a a
5m o
TT CY
o
a N ? n
s'
zwoan;
Y j a a',
a m
J
V) F- C7
T 'Y L Vl
o
f? .I :T` W V1
J r')J C)In
a a? n?>
'\IU11?H rl?a-j/ 1
1
l ills nLb 1 1 ;i.,
Z j
,I
pp
N \ ?
1 J
1 J z
`' \ J u O
c y GG
'rn 11 j\ ?TJ .u. \ '?, p n
I1 z
0 1 a ? r
I- 1 a\ \
1 J U
o - F?\-y
J r^? 1
..? 11?\? •., 1
N Y 1
C,
a a C?
P kM
1 ?\ ? J ? v m n
r`
1 \ J?
u
n
G
v
;I
u
G
G -
c G
J
ti G
U
Ur
U G
O C
C
]• J S
nv
U
r
"'D
U
?r
11. a
c?

a o= w
d
0 o'? o N z
0a .40
z
U 0w,w" T,
T U
(
.l w Q U
Q FF
k
_
T
3 ¢
?
b
n

?
?
i,l rnml
?On o o 0o1
n ?
zornF
Q $rnw
In < <°?
4 Qz
$azO? rI
z UW?3 I`Q

O C)
N?3

r
,,,u In
o
/
? 00

y
Z Z
_
A
W LLJ
<
o
?
g
w? Q
OY
O
G
B?J
,? w Z 0)
,
411..11„INS, w
O
min3rn
`t
aZ 1 '14 \
? 1 I 1
G
0
n ° J
00
J \ F
Aaw^
?i
U
m ? 11
3?
Q ? Mm
I
b
?II`V
I \\
\
r \
r
v vI I

J rn ?
?µ ro o?i t
?
I
a?
J rc
5 >
Q
I
= V
Z 'al / y
r

V = I
04 F. Ul
)
J W ? c e
w
?J R z 0 ? n
Q m r J. 1
1

4iu??y?
a
??1 ,, I
`
o
?0
n?J
O ti
l / .
/
N M
{
O
o
F'= ITT N
%n 1 N
4
ely { O
! N

co
r FI
?S• SEt BPCK ?I?T ?
. ,? .O
z
? zo
Ial Q
a ?O
U 1n
a
zLO
N
XQ ?0
U 2
N C Q
of 0
C1 ?_
07 ? C,
U z
03 0
z? as
_? ZU)
Ty W Y W
Y U
0 < O V
N ?
I I v) U ?
W Z Q
Q 3E
U O Z
a f. a
zZ
N
L.j
U
W
v:
W
W
Q
0
m
0
0
W'
m
m
LLJ
00
O
0
W
Z
I
7f, R.a., gw `? a Jgib
' 121i
Z? O_o \ I
~ mm
Y O Q r' §5
z
N
WO
17-7{- Q? Q 3? ••i
Z ?',?ir• III""" a at
° ( A I _ OZ
I I I a y cx z i
z r,
"Ov
JJ i i fyyi # (3 N v = '?????nu?nN?? m3a
!K 0 7 a m$ C? f t COMPT rN w T U
a y
oto $
I 1/ o W
44
V?
CD ilP
40lo.
f
} O Z a" "
> d/
aa
A.2 Wy ,/?/ W °' E 2
14 hIV ` °`v VL"
?. • aj
y
Lum
'/
GJ? C I I? I? Z O l?!?? ' r' y
r4 N
--- 1 - r "' mo l?' w
N <y ??
c7T
UA Cc
0
Z;
ft
^b °0' ima`3m
yi 0
a
w
?Lil
V
C1°
k
o V Ek o W
:.?
? ? S I 2 j h 2 b ??
hY

W F ? 4" UW ? W

m
N U UFC

N

C

i ?

? "i
1F
U ^IV

. O? tW? Uh4
i
g
tom
Z
i . .c ?_ ? WO
2
U
g
i
?

m
''
o , 'h
m
?R? 7 2u
aW ¢?FW
j 4¢
V
Q
h
. _ f I ? y
?
Q W3
2 vi O
3 11N I ? 3 ¢'qy ??4
UVU
Q
,
z
?=
FFF `Q '??? ?pti0
a

Q
X?
7 _ G
W a
J 1
Q
v ?yg
Z <f 4?.
L
> q ca i?1a ?>. 'z
t"? F
y 3 ?- T 0
WW .
W pq
vS L J
!Y [Y

-

Iv
Y Q LI
I,_1 Q L I Y Y
Q. r 7
a ? 1 F!":
W Q > t. 1 c; t1

GQ Q '- 'U
a- i 2
P ?
b z
a
? >
n
I J m5:.
I
n it
? ? ?
n J A L ,. J ? ? L<
n h
`v ? - c
?

OF n
Q n(
N

U
F
0 z T
Lx

ILY, U

J W

Q 7;'
z

: Z
C
0

A?f
I,1 I
~
t,J 7,
P4
A ?„ 2
Q --
1i?1
it

Q
W l
i (A n
J
m ^R w j
cw LJ
of W ?aa "? ?':J
wu zan ¢aN na, I
?='?'N aQttz ?? x vI>
f`
IH 3O l]KaJQ[q LJ 1Cl Q y:?
i,I?wcaw as 'n T
?' mQ?Y Kaz K '?? T?
N Q i V
Q»?a,Ia ,n? z za _ >
x"aWON WpQ[VW Qa r Q?./1
o .
VI .N..'v GTO?7TiJ w6
? rc
m
mv,?xaro?o3F K
y ? ry I
v>>¢w?nx?.oo c
u?vlfm swN ?s'" -
u ?QnzW?yn crz', I?,
icon=liHQ?s N?'---. mrc .1
vmu4.INZN?-.w JLLa
xln w?3?..?a 3?W r,ai' I F
rNmiY zurc ?,-3u
c- j
xo 3mmn`.a c ? _
avI^IFUwvI°mrn ?z v:
QWail-o?xrcFw 'IU ? ?1 '
w ?^
?JmKIi EJZ2 < ?- 1
zww Z?.C: rIy QiYn °n.j _ -?<
3)JI???ti ins mac [.,<
u u -2 ?
Twin vlw3 is zrri _
o>wz, i'?I N C ,'
_J
vI?K.-.w ?owo Nw .n? ?
0
Ll `.
2 ?
o
CQ O
Oq
?
z
-- I _ *
?IIII I n
z
c7
I ?

? W LA

n I
Y
J
CIC
j
II>
Q
,
iwcJ?
v v u n 3 q 1
n
n 3 r n a
?I
= I I(r[)

_ a n J Z
:/
1 Q
w
deavl

?- W
?
E,
:.;J w cn W
> CY

> J l?
?i
:.i s rr ti

I

t I ?
q
<1
I u

F_' 1 v
9v =,1 y
Zcva
C

Z '
U) Vl J
1 w
Q a K 0 N Z
LJ Tov VO
L_1 oOKW?^tpz
cn
Q S Q U m N Q
Z
n ^o?z^nm
Q
U
d $owlZOrnQ
z z 0 .?, ° x z
Z^J ?o
?Qmf3
gV°
T
uu
N
T
U Q
O
w?
=Q
C,
m?
z -
ZO
uuU?o m?
EXISTING CONCRETE VA«
I' d 0.
p N N
O O oA
0
L3
?O d N
rL O
OI O o 0
J
d a,
¢? XN
y d d
?0 ¢ Y4
Z3 -pl It L)
AVv U
o
O j
6 4- _j cq
111 4-
r pN 7 C3 Y
d c v ?cu
? ti 11
4 0 ?
o m
1 ? 4
n _ 1.,17
X 3' .y
I Y
d " C
Y < 4 ,
LJ
L 1- < c
IZ
:J
f F
00 O
z C,,
y
O
W
N
(L
J
W
7
O
O
p (U
N
O
O
ti
W
N
o-
=C/
UZ
0
K
u
J A
rd'K
as
w
w
IN
iv n
d a w
Permit Class
MODIFICATION/MAJOR
(by CRC Variance) STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
ermtt
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
90-97
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), CI-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't 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
connecting 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
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
r4-4'7/. 1// ?AW'4?
James . Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
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.
Signature of Permittee
Bennett Brothers Yachts, Inc.
ADDITIONAL CONDITIONS
Permit #90-97
Page 2 of 4
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.).
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
unreasonable 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-
1054v2.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 2009-
01242.
iii E'Ll
NFUCATION for

Mater IMIGIN911 peroll
0"t ,=„",
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Bennett Brothers Yachts, Inc. Project Name (if applicable)
Maintenance Dredging Major Mod CAMA Permit #90-97
Applicant 1: First Nam
Tricia MI
D Last Name
Bennett
Applicant 2: First Name MI Last Nam
B add#ional applicants, please attach an additional page(s) with names listed.
Mailing Address
1701 J.E.L. Wade Drive PO Box City
Wilmington state
NC
ZIP
28401 Country
USA Phone No.
910 - 772 - 9277 ext. FAX No.
910 - 772 -1642
Street Address (if different from above) City State ZIP
Email
[e-mail]
2. Agent/Contractor Information
Business Nam
Bruce Marek, P.E.
Agent] Contractor 1: First Name MI Last Name
Bruce J Marek
Agent/ Contractor 2: First Name MI Last Name
Mailing Address PO Box City State
5489 Eastwind Rd Wilmington NC
ZIP Phone No. 1 Phone No. 2
28403 910 - 799 - 9245 ext. 910 - 228 - 2484 ext.
FAX No. Contractor #
NC P.E.# 15684
Street Address (d different from above) City State LP
Email
[e-mail]
<For m continues on back> RECEIVED
APR 0 9 2009
DCM WiLMING'CCN, NC
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple) Street Address State Rd. #
New Hanover 1701 J.E.L. Wade Drive
Subdivision Name City State Zip
Wilmington NC 28401-
Phone No. Lot No.(s) (if many, attach additional page with list)
910 - 772 - 9277 ext.
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
Cape Fear North East Cape Fear River
C. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project ails.
®Natural []Manmade []Unknown North East Cape Fear River
e. Is proposed work within city limits or planning jurisdiction? f. M applicable, list the planning jurisdiction or city timR the proposed
®Yes []No work falls within.
Wilmington
4. Site Description
a. Total length of shoreline on the tract ft) b. Size of entire tract (sq.ft.)
1910 456508 sf (10.48 Acres)
c. Size of individual lot(s) d. Approximate elevation of trod above NHW (normal higf? water) or
NWL (normal water Woo
(fiman; lot ses please attmb additional page w 1h a fist) 10.68' at Travel Lift Pier ®NHW or ?NWL
e. Vegetation on tract
Hardwoods, Pines, Coastal & 404 Wetlands and Domestic Grasses
f. Man-made features and uses now on tract
Boatyard, Boat Repair Building/Paint Shop, Offices, Mechanics Bldg/Sheds, Travel Lift Pit, Marina Club House, Parking
Lot,Marina Dods/Slips
g. Identify and describe the existing land uses is M to the proposed project site.
Urban WaterfroriVindustrial
h. How does local government zone the trail? i. Is the proposed project consistent with the applicable zoning?
Industrial (Attach zoning compliance certificate, if applicable)
®Yes ?No ?NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ®Yes ?No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ?No ®NA
ff yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA
National Register listed or eligible property?
<Fofnt continues on next page>
RECEIVED
APR 0 9 2009
DCM WILMINGTON, NC
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ?No
(ii) Are there coastal wetlands on the site? ®Yes ?No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ?No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
City of Wilmington
o. Describe existing drinking water supply source.
City of Wilmington
p. Describe existing storm water management or treatment systems.
Wet Pond on Site per Stormwater Permit # SW&970403
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ®Commercial ?PubliefGovemment
?Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Maintenance Dredging for Continued Use of existing slips for Bennett Brothers Yachts/Cape Fear Marina; Construction of a
Spoils Basin on-site outside of 75' AEC; Periodic emptying of Spoils Basin and Redredging to requested depths.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Hydraulic Dredge, Barge Mounted Bads Hoe, or Bads Hoe (Pit Area) for Dredging. Bads Hoe, BUIldozer,Tnu:ks, Tree
Clearing Equipment for Construction of Spoils Basin. Bads Hoefrrucks for Periodic Emptying of Spoil Basin or for Spillway
Maintenance
d. List all development activities you propose.
Periodic Maintenance Dredging of Existing Slips (existing footprintof marina, part of urban waterfront, no new navigation
channel); Spoil Basin Construction, maintenance and periodic emptying. Note - this is 11'" year of slips in the water.
Periodic dredging hopefully only needed at > 5 year intervals. First dredging: Appx 6500 cu yds
e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance of an existing project
within existing marina 3.1 ac footprint.
f. What is the approximate total disturbed land area resulting from the proposed project? Dredge Area 87,000 sf (2.0 Acres)
Spoil Basin Area: 1 Acre (Upland)
?Sq.Ft or ?Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes ®No ?NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
N/A
i. Will wastewater or stormwater be discharged into a wetland? ?Yes ®No ?NA
If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ?NA
j. IS there any mitigation proposed? ?Yes ®No ?NA
If yes, attach a mitigation proposal.
RLULIVED
<Form continues on back>
APR 0 9 ce"M9
DCM WILMINGTON, NC
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Addition/ Information
In addition to this completed application form, (MP1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (1) are always applicable to any major development application. Please consult the application
lnsbw#m booldet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. 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 certified mail. Such landowners must be advised that they have 30 days in
which to submit conxrients on the proposed project to the Division of Coastal Management.
Name Hamett Landing (Adjacent Property to the North): (Mark Maynard) Phone No. 910-251-5030
Address P.O. Box 1229, Wilmington, NC 28402
Name Plantation Builders (South of Holmes Bridge, old Dean Hardwoods site) Phone No. 910-763-8760
(Dave Spetrino, President/CEO)
Address 720 N. Third Street, Suite 301, Wilmington, NC 28401
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
StDmwrater. SW8-970403, Approved 6-23-97 CAMA #r90-97 7-2-97, with mods through 3-19-07
Corps of Engineers Action I.D. #199602652, 8-15-97/5-29-05 Sediment & Erosion Control: Number unknown, 1997
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be sinned by property ownef)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. 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 the conditions and restrictions contained in the permit.
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.
k1"1 r
Date 4-6-09 Print Name -Brice Marek, P. E. , Age ?ffdi'P p?nett
Signature
•'4
Please indicate a ication attachments rtaini to our O :a. ?' C
PW Pe n9 Y proposed project. h 4rQ
®DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges 'Qnd Cu rts ?;
.,, ENO?•l?,y?:
?DCM MP-3 Upland Development RE
CEIVED
?DCM MP-4 SMx tares Information 9R1JCE 0,o%
APR 0 9 2009 /11111111/
DCM WILMINGTON, NC
Form DCM MP-2
EXCAVATION and FILL
(Except for 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. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access Other
Channel
(NLW or Canal Boat Basin Boat Ramp Rock Groin Rock
Breakwater (excluding
shoreline
NWL stabilization
Length 1854'
47' avg width
Width (87,000 sf
dredge area)
Avg. Existing NA NA
Depth
Final Project -VMLW to NA NA
Depth -12' MLW
1. EXCAVATION
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
6500 Cu Yds
c. (1) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SS),
or other wetlands (WI-)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
?WL ONone
(ii) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
Proposed SpoilBasin on-site, outside of 75' AEC
?This section not applicable
b. Type of material to be excavated.
Sand/Silt
d. High-ground excavation in cubic yards.
N/A
?This section not applicable
b. Dimensions of disposal area.
Available 292'x148' = appx 1.0 acres; x 12' Berm Height
c. (i) Do you claim title to disposal area?
®Yes ?No ?NA
(ii) If no, attach a letter granting permission from the owner.
e. () Does the disposal area include any coastal wetlandshmarsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
?WL ONone
(ii) Describe the purpose of disposal in these areas:
d. (i) Will a disposal area be available for future maintenance?
®Yes ?No ?NA
(ii) If yes, where?
Proposed Basin with Berms is approx 12,500 cu yds,
almost double initial dredge volume requested
f. () Does the disposal include any area in the water?
?Yes ®No ?NA
(ii) If yes, how much water area is affected?
APR 0 9 2009
DCK4 WIzM1E G-1-ON, NC
Form DCM MP-2 (Excavation and Fill, Page 2 of 2)
3. SHORELINE STABILIZATION ®This section not applicable
(ff development is a wood grain, use MP-4 - Structures)
a. Tvoe of shoreline stabilization: b. Length:
?Bulkhead ?Riprap ?Breakwater/Sill ?Other: Width:
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill Riprap
Breakwater/Sill Other
L Source of fill material.
4 OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. (1) Will fill material be brought to the site? ?Yes ONo
If yes,
(i) Amount of material to be placed in the water
(iii) Dimensions of 61 area
(iv) Purpose of fill
f. () Has there been shoreline erosion during preceding 12
months?
?Yes ?No ?NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
lbw
APR 0 9 ''9
®This section not applicable
?NA b. () Will fill material be placed in coastal wetlands/marsh (CW),
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
OWL ?None
(ii) Describe the purpose of the fill in these areas:
5. GENERAL
a. How win excavated or fill material be kept on site and erosion
controlled?
Constructed Berm, Vegetated/Stabilized Slopes, Silt Fence
c. () Will navigational aids be required as a result of the project?
?Yes ®No ?NA
(ii) If yes, explain what type and how they will be implemented.
b. What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
Hydraukic Dredge &/or Backhoe
d. () Will wetlands be crossed in transporting equipment to project
site? ?Yes ONo ?NA
(i) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Date
Maintenance Dredging Major Mod CAMA Permit #90-97
Project Name
Bruce Marek, P.E. , for T?Qi?'Bft Brothers Yachts
licant Na Ilt? •55??? '••
Applicant Signature : Z tp, 5 : fr
?., •• ' , ENO INVFi? .
.,
'1#1,111111k,,
Mcmillan, Ian
From: Karoly, Cyndi
Sent: Monday, August 02, 2010 12:54 PM
To: Mcmillan, Ian
Subject: FW: Bennett Bros Yachts-- Conference Call 7-28-10 @ 1 pm
Attachments: BENNETT BROTHERS WPD.pdf; BENNETT BROTHERS PERMIT.pdf
For the file
-----Original Message-----
From: Timpy, David L SAW [mailto:[e-mail]]
Sent: Monday, July 26, 2010 1:18 PM
To: Shiver, Rick; Karoly, Cyndi; [e-mail]; Walker, William T SAW
Subject: RE: Bennett Bros Yachts-- Conference Call 7-28-10 @ 1 pm
I talked to Bruce Marek earlier today. He will be sending the Corps a request to re-activate
his permit application soon. I explained that he needed to resolve all issues spelled out in
our denial letter, including EFH concerns of the NMFS and DWQ, in order to obtain a DA
permit. He said he would include a mitigation proposal with his submittal.
Please note the Corps has not decided to elevate this project to an IP. This would only be
done if warranted. It would be premature for the Corps to make this decision at this time.
I am hoping the issues can be resolved and we can move on.
Attached is a copy of the CAMA permit.
I will get back you on the conference call details after Tom and I have had a chance to
discuss. It's still planned for 7-28-10 (Wednesday) at 1:00.
Dave Timpy
Regulatory Division
Project Manager
US Army Corps of Engineers
Wilmington District
Wilmington, North Carolina 28402-1890
Office: 910-251-4634
Cell: 910-617-3254
Fax: [phone]
Email:[e-mail]
Website: http://www.saw.usace.army.mil
The Wilmington District is committed to providing the highest level of
> support to the public. To help us ensure we continue to do so, please
> complete the Customer Satisfaction Survey located at our website at
> http://per2.nwp.usace.army.mil/survey.html
-----Original Message-----
From: Timpy, David L SAW
Sent: Thursday, July 22, 2010 3:59 PM
To: Walker, William T SAW; Shiver, Rick; Cyndi Karoly ([e-mail]); Ron Sechler
([e-mail])
Subject: Bennett Bros Yachts-- Conference Call 7-28-10 @ 1 pm
I have tentatively scheduled a conference call on the subject project for
Wednesday, July 28th at 1:00 pm. The proposed project is to dredge PNA
shallow bottom areas located within the Bennett Brothers marina.
;As you know, DCM denied the original permit request for this project. The NCDWQ
subsequently put the project on hold. The Corps denied the without prejudice the proposal.
:Recently the DCM approved the proposed project via a CRC Variance. The applicant has
submitted a request to DWQ for a 401. To date, the applicant has not contacted the Corps
regarding our approval.
.The purpose of the conference call is to coordinate permit processes on the proposed
project. Please let me know if this time is acceptable with you.
If so, I will set a conference call in number.
Dave Timpy
Regulatory Division
Project Manager
US Army Corps of Engineers
Wilmington District
Wilmington, North Carolina 28402-1890
Office: 910-251-4634
Cell: 910-617-3254
Fax: [phone]
Email:[e-mail]
Website: http://www.saw.usace.army.mil
The Wilmington District is committed to providing the highest level of
x support to the public. To help us ensure we continue to do so, please
x complete the Customer Satisfaction Survey located at our website at
> http://Per2.nwp.usace.armV.mil/survey.html
2