19961054 Ver 2_Other Agency Comments_20100713

Permit Class
MODIFICATION/MAJOR
(by CRC Variance)
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
ermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-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. includige the
attached workvlan 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 1S` and September 30`x' 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
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.
C4,4.7,/. 1// L-,4-y?
James . 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.).
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-
10542.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 2009-
01242.
M WLI
APPLICATION for
Maier ImIsoment Permit
Pam rs+ilaid -1 Z rXM
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 Name
Triaa MI
D Last Name
Bennett
Applicant 2: First Name MI Last Name
N additional appkants, please attach an additional page(s) with names li sted.
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 Name
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 ZIP
Email
[e-mail]
<Form continues on back> RECEIVED
APR 0 9 2009
DCM WILMINGTON, 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 site.
®Natural OManmade []Unknown North East Cape Fear River
e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city imd the proposed
®Yes []No work falls within.
Wilmington
4. Site Description
a. Total length of shoreline on the tract (R) b. Size of entire tract (sq.fL)
1910 456508 sf (10.48 Acres)
c. Size of individual lot(s) d. Approximate elevation of bad above NHW (normal high water) or
NWL (normal waterleve(I
(if many Ibt sizes, please attach additional page w*h a list) 10.68' at Travel Lift Pier ®NHW or ?NWL
e. Vegetation on trail
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 Dock/Slips
g. Identify and describe the existing land uses adiacent to the proposed project site.
Urban Waterfront/Industrial
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
Industrial (Attach zoning compliance certificate, I 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
If 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?
<Form continues on next page> RECEIVED
APR 0 9 2009
DCM VifILMINGTON, NC
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (1) 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, /f 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 Stonnwater Permit # SWB-970403
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? Wommercial ?Public/Govemment
?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 Yadtts/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, Bulldozer,Tnrcks, Tree
Clearing Equipment for Construction of Spoils Basin. Bads Hoe/Trucks 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 111' 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.R 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
L Will wastewater or storrnwater 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.
RECEIVED
<Form continues on back>
APR 0 9 2 -CM
DCM WILMINGTON, NC
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
& Addidonallnformadon
In addition to this completed application form, (MP1) the following items below, if applicable, must be submitted in onfer for the application
package to be complete. Items (a) - (Q are always applicable to any major development applcabon. Please consult the application
Instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sekdonal 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 darns 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 to application and plats by certified 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
Name Harnett 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. Thins 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 trail Include permit numbers, pennittee, and issuing dates.
Stornwater. SW8-970403, Approved 6-23-97 CAMA #90-97 7-2-97, with mods through 3-19-07
Corps of Engineers Action I.D. #199602652, 8-15-97/5-29-05 Sediment tf 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 sigrred by property ownet)
k. A statement of compliance with the N.C. Environmental Policy Ad (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.
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.
OPI pnett
Date 4-6-09 Print Name _Bruce Marek, P.E. ,AgX-vr
Signat
ure
'' •
z0 is S?P? W "
Please indicate application attachments pertaining to your proposed project. yrO0 ' CC
®DCM MP-2 Excavation and Fill Information ?DCM MP-5 Binges end Cu ?
?DCM MP-3 Upland Development RECEIVED •.. ENOlf,??:?
?DCM MP-4 Strictures Information ?'?e'9UCE ?P?•`'?
APR 0 9 2009
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 -6'MLW 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 wetlandstmarsh
(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 the excavation in these areas:
?This section not applicable
b. Type of material to be excavated.
Sand/Silt
d. High-ground excavation in cubic yards.
N/A
2. DISPOSAL OF EXCAVATED MATERIAL ?This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
Proposed SpoilBasin on-site, outside of 75' AEC
c. (i) Do you claim title to disposal area?
OYes ?No ?NA
(ii) If no, attach a letter granting permission from the owner.
Available 292'x148' = appx 1.0 acres; x 12' Berm Height
d. (i) Will a disposal area be available for future maintenance?
OYes ?No ?NA
(ii) If yes, where?
Proposed Basin with Berms is approx 12,500 cu yds,
almost double initial dredge volume requested
e. () Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? ff any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SS
?WL ®None
(Ii) Describe the purpose of disposal in these areas:
Does the disposal include any area in the water?
?Yes ONo ?NA
(ii) ff yes, how much water area is affected?
APR 0 9 2009
DCM W10VIINGTf:rN, NC
Form DCM MP-2 (Excavation and Fill, Page 2 of 2)
a.: Type 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: L () 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.
g. Number of square feet of fill to be placed below water level. h. Type of fill material.
Bulkhead backfill ther rrl y ` e %
Breakwater/Sill r/SIII Other r
1% 16 NO* U V FM LO
i. Source of fill material.
APR 0 9 2 J9
D- C'AA WILMINGIONrNC
4. OTHER FILL ACTIVITIES 0This section not applicable
(Excluding Shoreline Stabilization)
a. 0) Will All material be brought to the site? []Yes ?No ?NA b. () Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(i) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
submerged aquatic vegetation (SAW 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 will excavated or fill material be kept on site and erosion
controlled?
Constructed Berm, Vegetated/Stabilized Slopes, Sit Fence
c. (i) Will navigational aids be required as a result of the project?
[]Yes ONo ?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 Wor Backhoe
d. n Will wetlands be crossed in transporting equipment to project
site? []Yes ®No ?NA
(i) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Bruce Marek, P.E. , for
Date
Maintenance Dredging Major Mod CAMA Permit 1190-97
Project Name
?ro
Brothers Yachts
Iicant N %
Applicant Signature
: Z =? 5
?'??
??''? BAUCE JP I,