19961054 Ver 2_Emails_20100224

Mcmillan, Ian
From: Karoly, Cyndi
Sent: Wednesday, February 24, 2010 12:44 PM
To: Mcmillan, Ian
Subject: FW: Bennett Brothers Yachts Variance Request Received
Attachments: BENNETT VARIANCE REQUEST.pdf
just to add to the file for now...
From: Wakild, Chuck
Sent: Monday, January 04, 2010 2:59 PM
To: Matthews, Matt; Shiver, Rick; Coburn, Chad; Karoly, Cyndi
Cc: Sullins, Coleen
Subject: FW: Bennett Brothers Yachts Variance Request Received
for review.
From: Willis, Angela
Sent: Monday, January 04, 2010 2:43 PM
To: Gregson, Jim; Tyndall, Ted; Huggett, Doug; [e-mail]
Cc: Barrett, Tere; Howell, Jonathan; Wakild, Chuck
Subject: Bennett Brothers Yachts Variance Request Received
Please find attached a variance request for Bennett Brothers Yachts, Inc. This was received in the office today.
Angela
NC Division of Coastal Mang ernent
NC Department of Environment and Natural
Resources
400 Commerce Avenue
Morehead City, NC 28557
Phone: [phone] FAX [phone]
Toll Free: 888.912.CAMA
Angela.Willis(ancdenr.gov
E-mail correspondence to and from this
address may be subject to the North Carolina
Public Records Law and may be disclosed to
third parties.
1
JHN -04-2010(MON) 03;11 BENNETT BROTHERS YACHTS
?•
.i..! *?
BENNETT BRAS YACHTS
- YSTASLISHEO lyUb
(FAX)19107721642 P.001/012
Cape Fear Marina 34" 15.3'N . 77" 56.9'w
1701 J.E.L. Wade Drive Wilmingion, NC 28401
r 910.772.9277 r• 910.771.1642 E bby@,bbyichts.com
www.bbyachts.com
January 4, 2010
Mr. James Gregson
NCDENR
400 Commerce Avenue
Morehead City, NC 28557
CAMA MAJOR PERMIT No. 90-97
Dear Jim:
Enclosed please find a copy of the signed CAMA VARIANCE REQUEST form.
You will receive the original signed form with all the associated attachments under
separate cover via Fedcral Express,
Thank you in advance for your time and consideration. Please do not hesitate to
Enclosure - DCM Form 11 - CAMA VARIANCE REQUEST
CC: Bruce Marek
4 2010
"b^moeayopy
JHN-U4-dUIU(MUN) 03:11
DCM FORM 11
(revised 6/26/06)
BENNETT BROTHERS YACHTS (FRX)19107721642
CAMA VARIANCE REQUEST DCM FILE NO.
Petitioner supplies the following information:
Your Name: Mrs. Patricia. D. Bennett
Address: 1701 J.E.L. Wade Dr. Wilmington, NC 28401
Telephone: [phone]
Fax and/or Email: 910-772-1642 [e-mail]
Name of Your Attorney (if applicable)
Address
Telephone
Fax and/or Email
P. 002/012
10 - 0
RECEIVED
JAN 4 2010
MorehWd City DCM
Have you received a decision from the Division of Coastal Management (DCM) or a Local
Permit Officer denying your application for a CAMA permit?
no (You are not entitled to request a variance until your permit application
has been denied.)
_C_ ycs (You may proceed with a request for a variance.)
What did you seek it permit to do? I am seeking a Major Modification to existing CAMA
Permit 490-97 issued to Bennett Brothers Yachts, inc. on July 2, 1997 for periodic maintenance
dredging within footprint of existing 78 slip open water "Cape Fear Marina" marina along the
Northeast Cape Fear Marina to keep main docks floating at low tide and slips uscable for the
vessel size intended. Note that a majority of the slips are sized for vessels 45' and longer, which
can have drafts of 7.5' and deeper. Particularly affected are the slips in the southern section of
the marina which are aligned parallel to the main dock.
Dredging is not requested for the full marina; the proposed dredging is for a tapered amount
from underneath the landward side of the main docks riverward until the existing -12'MLW
(Mean Low Water) contour is encountered. See drawing C-I rev I, dated 6-10-09. Lunar Mean
Lower Low Water (MLLW) is -0.6', thus available depths in the marina are about a half a foot
less than the MLW figures shown on the drawing.
For clarity, the property is owned by Bennett Ventures, LLC, of which I am managing partner
and sole owner.
CAMA 90-97 Bennett Brothers Yachts Variance Request 14-2010
JAN-Oil-2010(MON) 03;11 BENNETT BROTHERS YACHTS (FAX)19107721642 P.003/012
Whitt Coastatl Resources Commission rule(s) prohibit this type of development?
a. 15A NCAC 071-1.0203 which state "it is the objective of the Coastal Resources Commission to
conserve and manage estuarine waters, coastal wetlands, public trust areas, and estuarine and
public trust shorelines, as an interrelated group of ACC's so as to safeguard and perpetuate their
biological, social, economic, and aesthetic values and to ensure that development occurring
within these AECs is compatible with natural chaincteristics so as to minimize the likelyhood of
significant loss of private property and public resources. Furthermore, it is the objective of the
Coastal Resources Commission to protect present common-law and statutory public rights of
access to the lands and waters of the coastal arma."
b. 15A NCAC 071-1.0206(c), which states "Management Objective. To conserve and manage
important features of estuarine waters so as to safeguard and perpetuate their biological, social,
aesthetic, and economic values; to coordinate and establish a management system capable of
conserving and utilizing estuarine waters so as to maximize their benefits to man and the
estuarine and ocean system."
c. 12A NCAC 0714.0208(a)(2)(B), which states "Before receiving approval for location of a use
or development within these AECs, the permit-letting authority shall find that no suitable sift, or
location outside of the AEC exists for the use or development and, further, that the applicant has
selected a combination of sites and design that will have a minimum adverse impact upon the
productivity and biologic integrity of coastal marshland, shellfish beds, beds of submerged
aquatic vegetation, spawning and nursery areas, important nesting and wintering sites for
waterfowl and wildlife, and important natural erosion barriers (cypress fringes, marshes, clay
soils)"
d. 15A NCAC 071-1,0208(a)(2)(C), which states "Before being granted a permit by the CRC or
local permitting authority, there shall be a finding that the applicant has complied with the
following standards: Development shall not violate water and air quality standards."
c. 15A NCAC 0711.0208(b)(1), which states that "Navigation channels, canals, and boat basins
shall be aligned or located so as to avoid primary nursery areas, highly productive shellfish beds,
beds of submerged aquatic vegetation, or significant areas of regularly or irregularly flooded
coastal wetlands."
E 15A NCAC 071q.0208(1)(13), which states "Marinas requiring dredging shall not be located in
primary nursery areas nor in areas which require dredging through primary nursery areas for
access."
The denial was made pursuant to N.C.G.S. 113A-120(a)(8) which required denial for projects
inconsistent with the state guidelines for Areas of Environmental Concern or local land use
plans, and N.C.G.S.113-229(c)(5) which cause a significant adverse affect on wildlife Or
freshwater, estuarine or marine fisheries.
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CAMA 90-97 Bennett Brothers Yachts Variance Request 1-4-2010
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Can you redesign your proposed development to comply with this rule? no_ If your
answer is no, explain why you cannot redesign to comply with the rule.
CAMA Major Permit #90-97 authorized construction of the 78 slip marina along the Northeast
Cape Fear River on July 2, 1997. The site is immediately north of the Isabelle Holmes Bridge,
downtown Wilmington, NC. The Bennett Brothers Yachts marina desigpi did meet the above 6
conditions in 1997, by limiting the size of the marina and the marina slip layout to open water
not requiring dredging. The location was selected after researching several sites in the
downtown Wilmington area, This was prior to the sale/removal of Altmont Shipping and Dean
Hardwood from the downtown area. The 1701 J.E.I.. Wade Drive property was deemed the
most suitable, as the site was historically a commercial wharf associated with sawmills owned at
various times by well known Wilmington businessmen Nee, Parsley, Hilton and Corbett. As a
commercial wharf, the site did not have contaminants likely to be found at other prior shipyard
sites. The upland acreage was of suitable size to relocate./expand the Bennett Brothers Yachts,
Inc. boat repair/boat building operations, started in 1989 on Market Street near Porters Neck..
Mike Bradley, Director of Boating Industry Services assisted my late husband, Paul Bennett, in
researching and bringing this much needed marinalboat repair facility to downtown Wilmington.
At the time of purchase, there was no better alternative. At this point, with slips in place, and
nearly 13 years of establishing the reputation as an outstanding marina in one of the historic
south's most vibrant cities, redesign is not an available option.
Can you obtain a permit for a portion of what you wish to do? _no_ If so, please state what
the permit would allow.
The Major Modification request to CAMA Permit 490-97 is specifically for maintenance
dredging of the marina.
State with specificity what you are NOT allowed to do as a result of the denial of your
permit application. it will be assumed that you can make full use of your property, except
for the uses that are prohibited as a result of the denistl of your permit application.
We will not be allowed to perform maintenance dredging at the marina to keep the main docks
floating at low tide, and to maintain sufficient depth in certain slips so that the vessels or props
are not aground twice a day.
The 1701 J.E.L. Wade Drive property consists of the marina, a boat repair facility incl uding an
NFPA compliant boat spray painting building, new boat construction capabilities and a, yacht
brokerage. Bennett Brothers Yachts employs approximately 25 to 30 workers depending on the
season and economy. The marina is a very important component of the property's use and value.
The slips allow for vessel dockage on a year round, seasonal or transient basis. The marina
provides holding tank pump out facilities at each slip. Vessels come from all over the world for
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CAMA 90-97 Bennett Brothers Yachts Variance Request 1-4-2010
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repair work by the skilled tradesmcn. The 70 ton travel lift can haul vessels over 90 ft in length.
The marina helps display brokerage and new boat for sale. Slip renters/owners have repair work
done at the boatyard. Yachtsmen come to the marina to look for new or used boats. New and
used boats need commissioning, rigging, paint jobs and bottom cleaning. Without maintenance
dredging to maintain full access to the slips and full use of the slips, then the site is not making
full use of the property and the value of the existing slips would be greatly diminished, Boaters,
their captains and crews, utilizing; the yard spend money in the Wilmington Area at restaurants,
accommodations, and some have even purchased a home.
There are many lower cost facilities away from the water in which to do boat repair, which
would not have such CAMA oversight. However, non-waterfront facilities are completely
different than what has been established at this rlverfront facility in terms of market segment and
yachts serviced. A non-waterfront boat repair facility is not a good business model for yachts
40' and over, especially in a down economy, The marina based facility provides synergy to
sustain the business while allowing safe public access for more water enjoyment.
RESPOND TO THE FOUR STATUTORY VARIANCE CRITERIA:
1. Identify the hardship(s) you will experience if you are not granted a variance and
explain why you contend that the application of this rule to your property
constitutes an unnecessary hardship. [The North Carolina Court of Appeals has
ruled that this factor depends upon the unique nature of the property rather than
the personal situation of the landowner. It has also ruled that financial impact
alone is not sufficient to establish unnecessary hardship, although it is a factor to be
considered. The most important consideration is whether you can make reasonable
use of your property if the variance is not granted. [Williams v. NCDENR, .DCM, and
CRC, 144 N.C. App. 479, 548 S.E.2d 793 (2001).]
At this time, sections of the main (8'wicle) clocks are aground twice a day at low tide.
These sections run parallel to the shoreline. Also, certain slips or slip ends closest to the
main docks have insufficient water depth for dockage of vessels. Since tide peaks shift
approximately an hour each day, it is not a simple issue to "work around" the period of
low tide. Boaters want to be able to move in and out of their slips without being held
hostage by a tide which literally has them sitting on the mud. Boaters will want to use
their boats when they have time or need to use them. Transient vessels will want holding;
tanks pumped out. The main docks sit in the mud on one edge and are barely floating on
the other, causing them to be at an angle. Docks sitting askew are not good for the docks
and piping systems.
Because of the nearby shipping channel, the docks cannot be shifted into deeper water to
avoid the need for dredging;. The Isabelle Holmes Bridge is immediately downstream of
the property.
Maintenance dredging in itself Is a hardship, as the cost of mobilization, disposal of spoil,
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LAMA 90-97 Sennett Brothers Yachts Variance Request 1-4-2010
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loss of land use for the spoil basin, and disruption of marina operations during; dredge
cycles is not one that was planned on nor that is conducive to running a business. Dredge
fees, engineering fees and contingency funds for future dredging are expenses that any
business would be very hesitant to take on, especially in this economy. But with the
alternative being a business that is severely impacted, there is no other choice.
If slips can't be rented because there isn't enough water in the slips to float the boat, that
also would be a financial hardship. Dredging; versus not dredging arc equal evils.
however, if shoaling continues and the docks are damaged, or if someone is hurt because
of the docks being; askew, or if a vessel is damaged and people bet hurt because it's prop
got damaged and the shaft pulled loose, or its rudder is bent, then that takes it to another
level. Running a marina has its risks. Safety of the marina and the people using the
marina are of higher importance than just financial impact.
The marina is protected by afire standpipe system located in the main docks. Damage to
the standpipes could ]cave all vessels unprotected in case of [ire. Plumbing lines for
holding tank pumpout are also located in the dock system. Keeping the docks floating
reduces unnecessary stresses on pipe fittings. Bennett Brothers Yachts has worked hard
to achieve the Clean Marina designation and has worked hard to make the marina a
desirable destination for boaters. A not quite so functioning marina will be a hardship in
that all aspects of the business and its 13 year reputation could be hurt.
I T., Describe the conditions that are peculiar to your property (such as location, size,
and topography), and cause your hardship.
The Bennett Brothers Yachts marina location has approximately 1700 ft of river frontage
along the east bank of the Northeast Cape Fear River. The west edge of the marina is
restricted by the existence of the Army Corps of Engineer's shipping channel. By
agreements with the COL during the 1997 permit process, much of western most slips/tee
heads are constrained such that they are less than 20% of the local river width. As noted
previously and as indicated in the CAIVIA 12-23-2009 denial, the as-permitted marina
was designed as an open-water marina, with slips located in sufficiently deep water that
no dredging was required.
Immediately south/down river of the site is the Isabelle Holmes Bridge, US74/NC133.
The lsabelle Holmes Bridge is a hardened structure. It was first constructed in the
1920's, and then replaced/rebuilt at its present location in 1980. The state has long
standing regulations against hardened structures on oceanfront beaches. At time of
property purchase, the bridge was not viewed as a detriment in the marina design
immediately north of the site is the City of Wilmington Sweeney Water Treatment Plant.
There is an outfall pipe from the plant immediately north of "U"dock. From pictures, it
can be seen that there has been erosion at the base of the pipe. The pipe appears to
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LAMA 90-97 Bennett Brothers Yachts Variance Request 1-4-2010
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constantly discharge water. This erosion is a potential source of siltation found at the
marina.
For Reference, the I-lilton Railroad Bridge is 700 ft north of the north end of the site.
Paul Bennett died of cancer in 2007. Thus much of the early permitting process, and
discussions with CANM and other agencies regarding the property, marina and layout are
no longer available. This request for major modification to the permit is without the
benefit of his insight and recollections of the original permit.
M. Explain why your hardship does not result from actions that you have taken.
The marina was designed as an open water marina without intent of need for dredging or
for a dredged channel to create a marina. The docks were located in water of sufficient
depth at time of installation, in an area where typical tidal currents are in the 1 to 1 '/.
knot range and wind driven tidal currents can easily reach 3.5 knots. Rich Carpenter, of
NC.Marine Fisheries, stated in October 2009 that when the marina was permitted in
1997, he did not think that shoaling would be an issue.
To keep things in perspective, the maintenance dredging that is being asked for is not
over the entire marina footprint. The tee-heads and river end of the slips are typically in
20' to 24' of depth of water at Mean Low Water. It is the near shore main docks and
slips that have experienced shoaling to the point that at low tide, the main floating docks
are aground to the landward side.
Over the past I I years that the marina has been operational, a couple of non-recurring
events happened that may have contributed to the shoaling. First, a city of Wilmington
storm drain collapsed, adding silt and debris to the river. Secondly, in conjunction with
the Smith Creek Parkway construction, pipeline and/or other utility crossings were added
waterward of the north side of the Isabelle Holmes Bridge. Their significance may have
been minor or of no noticeable consequence to the shoaling, but they did occur.
While it sometimes is considered that docked vessels can be the cause of silting, Lhe
major affects of the shoaling that has occurred is on the side of the main dock where
typically no vessels are docked. Permitting of any marina is an acknowledgement that
vessels will be berthed in the marina. The permitted activity should not then become a
permit denying action.
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CAMA 90-97 Bennett Brothers Yachts Variance Request 1-4-2010
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TV. Explain why the granting of the variance you seek will be consistent with the spirit,
purpose, and intent of the C12C's rules, standards, or orders; preserve substantial justice;
and wure public safety.
The Bennett Brothers Yachts marina and facility are a designated North Carolina "Clean
Marina". The site includes a DWQ approved stormwa.tcr pond, an NFPA compliant 15'x110'
Spray Paint Building, an Marine (Bottom) Washwater Compliance System, and in slip holding
tank pumpout facilities. In essence, we are doing everything that a marina should strive to do.
Item a. 15A NCAC 071-1.0203 states that "it is the objective of the Coastal Resources
Commission to protect present common-law and statutory public rights of access to the lands and
waters of the coastal area." Bennett Brothers Yachts is a full service boatyard/ marina. The
travel lilt; pit was constructed for a 120 ton capacity lift, and we presently have a 70 ton lift. We
[lave hauled vessels as long as 93' in length, and 9.5' in draft. Part of access to the waters of the
state implies use of boats. While there are many trailerable boats in the state that are ramp
launched, larger vessels do need dockage and repair facilities. Because of the 30' high elevation
along the northeast side of the site, the marina is probably New Hanover Counties safest
Hurricane Hole for large vessels.
Item b. 15A NCAC 07H.0206(c), which states "Management Objective. To conserve and
manage important features of estuarine waters so as to safeguard and perpetuate their
biological, social, aesthetic, and economic values; to coordinate and establish a
management system capable of conserving and utilizing; estuarine waters so as to
maximize their benefits to man and the estuarine and ocean system." Again it is the CRC
stated Objective of utilizing estuarine waters for the benefits to man and ocean. Boating
starts here. Boating benefits man and the ocean is enjoyed by all.
Item c. 12A NCAC 0711.0208(a)(2)(B), which states "Before receiving approval for
location ofa use or development within these AECs, the permit-letting authority shall find
that no suitable site or location outside of the AEC exists for the use or development and,
further, that the applicant has selected a combination of sites and design that will have a
minimum adverse impact upon the productivity and biologic integrity of coastal marshland,
shellfish beds, beds of submerged aquatic vegetation, spawning and nursery areas, . • •"• The
permitting of the marina in 1997 is an indication that the design was considered adequate in
having minimum adverse impact.
Item d. 15A NCAC 071-1.0208(a)(2)(C), which states "Before being granted a permit by the CRC
or local permitting authority, there shall be a finding that the applicant has complied with the
following standards: Development shall not violate water and air quality standards." Bennett
Brothers Yachts has followed best management practices in regards to water quality standards by
installation and maintenance of its stormwater pond and no discharge, bottom washdown
compliance system, and air quality by its Nl~PA compliant Paint Spray building;.
Item e. 15A NCAC 07H.0208(b)(1), which states that "Navigation channels, canals, and boat
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CAMA 90-97 13ennett Brothers Yachts Variance Request 1-4-2010
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basins shall be aligned or located so as to avoid primary nursery areas, highly productive
shellfish beds, beds of submerbcd aquatic vegetation, or significant areas of regularly or
irregularly flooded coastal wetlands." The 1701 J.E.L. Wade site was chosen fir its past history
as a commercial wharfand for the ability to seemingly site the marina to minimize impacts to
primary nursery.
Item f. 15A NCAC 07H.0208(t)(B), which states "Marinas requiring dredging shall not be
located in primary nursery areas nor in areas which require dredging through primary nursery
areas for access." The 1701 J.E.L. Wade site was chosen for its past history as a commercial
wharf and for the ability to locate the docks in water deep enough to not require dredging. Many
agencies reviewed the marina design plans and allowed approval as being consistent with this
rule.
It is interesting to note that the local Wilmington-New Hanover County 2006CAMA Land Use
Plan Strategy 3 .20.4 recognises the need and allows for an exception for maintenance dredging
in the Wilmington Urban Waterfront and Wilmington Industrial Waterfi-ont. The I.E.L. Wade
sight has long been a wharf area dating back to the Civil War. I?arge schooners and timber
barges regularly docked at the site. The Point Pcter Ferry was located at the north end at Hilton
Street. By the 1920's when the first Isabelle Holmes Bridge, schooners had already transitioned
to power driven vessels. "I'he Corbett (Timber) Company owned the site prior to Bennett
Brothers purchase in 1996. In 1998, Yerkes Construction, with archeological division approval
removed the last remaining barge from the site. In placing of the docks and piles, several
hundreds of pieces of riverwood were harvested from the marina bottom, all with Corps and
CAMA approval.
A main reason for our denial pursuant to N.C.G.S. i i3A-120(x)(8) and N.C.G.S. 113-229(c)(5)
stems from several agencies having no leeway in their rules to allow use of the dredging
exception. It is at this point that we come to the CRC for variance approval.
During the permit submission process, and at a very helpful multi-agency meeting headed by
CAMA Director Jim Gregson on October 7, 2009, we noticed that there was no consensus .
opinion on whether dredging to a shallower depth at the landward side of the main docks more
often was better than asking for dredging to a deeper depth and dredging less frequent or perhaps
even never again. There did appear to be leanings towards the dredging at a shallower depth.
With that in mind, my engineer/agent Bruce Marek, P.E. showed additional calculations based
on various dredge depths at the landward side of the main clocks. Discussions turned towards
minimization of dredge impacts and of mitigation. We also discovered that submttud drawing
C1, dated 6/10/09 was not being interpreted correctly with the submitted dredge volume
calculations. The red hatched area of 87,000 sf was intended to be taken as the area between the
landward side of the main docks riverward to the line of -12' Mi.W. If you divide 175,000 cu ft
(6500 cu yds) of dredge material by 87,000 sf, you get an average dredge amount of 2.01 ft. The
calculation sheet indicated that along the landward side of the main dock, the requested dredge
depth was -6' MLW. "U Dock" at the north end of the site was already at -10' MLW and didn't
CAMA. 90-97 Bennett Brothers Yachts Variance Request 14-2010
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require any dredging, and at the very south end of the marina the landward side of the main dock
was approximately 8' MLW, thus also not needing any dredging. There was never an intent to
do a square cut at the landward edge of the main docks down to -12' MLW. It was calculated for
a -6' MLW depth at the landward side (unless already deeper) and then a straight taper down to
the location of-12' MLW.
While several agencies don't have any policy in place with regards to mitigation, we are willing
to offer the following as a good stewardship offer of project minimization and mitigation. Based
on the 6/10/09 Drawing Cl and the following scenario, we believe we can minimize the
dredging needed for safety of the docks and the vessels to -4.6' MLW along the typical landward
edge of the main docks.
According to Mr. Marek, dead load flotation of our docks is typically about 6" without
plumbing, standpipes, water and sewage lines, electrical cables, pedestals and dock boxes, and
8" with those items, immersion due to State Building Code required 20 psf for floating docks is
an additional 10"-12", for a total of approximately 20". With the correction for MLLW, that
leaves a clearance of 28" under the landward edge of the main docks, which most likely is a
reasonable assumption of the original design placement of the docks. Dredging would proceed
waterward at approximately 1' vertical to 4' horizontal slope (I VAH). The waterside of the
main floating dock would be at -6' MLW, with centerline of a parallel moored vessel (approx 8'
off the dock) at 8' MLW. A typical Stevens 47 sailing yacht with 7.25' draft would be free
floating at extreme low tide with 3" under her keel. Volume of dredge material using 4.5' MLW
would be 4400 cu yds; for a reduction of 30% of dredge volume.
The submittal was based on using the existing footprint of the docks as the landward extent of
dredging. The 4.5' requested minimal depth will have some slough off of landward material.
Where appropriate, we would like to propose being allowed to dredge landward an additional
amount at a stable slope to minimize sloughing of material. Tfwe assume an additional 6' of
dredge width along 1000 of dock length, that would add an additional 6000 sf to the proposed
dredge area, but it would be a more stable transition. This additional volume would only be
approximately 167 cu yds of spoil. Where this is not possible because of vegetation, we also
propose that we be allowed as a condition of the variance to request a rip-rap general permit to
allow placement of Class B stone to help maintain a stable transition.
In addition to minimizing the project volume as indicated above, we would like to offer the
placement of 25 tons of class 'B riprap at the northern end of the site along the bank at U-Dock.
This is near to the erosion area at the Water Treatment. Plant Discharge. This was discussed as
an "engineered rock ledge" but is now offered as riprap placement of 10' maximum width, so as
to fit inside of ARMY COC guidelines. This riprap would hopefully prevent additional erosion
from sending silt into the slip areas, and also as a home for juvenile fish, We understand that the
riprap provides hiding places for the juvenile fish from larger predators.
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CAMA 90-97 Bennett Brothers Yachts Variance Request 1-4-2010
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In closing, 1 am trying to best keep the marina and boat repair facility as a viable business in a
very down economy. For twenty four years we have been a tax paying employer of
approximately 25 employees, plus providing,jobs for outside subcontractors such as prop
repairers, marine surveyors, yacht designers and cushion makers. We are not looking for public
finds to do the maintenance dredging. I am amenable to CAMA and the CRC's guidance on the
amount of dredge depth at any one time, Please consider our Major Modification request for
periodic maintenance dredging; favorably,
Please attach copies of the following:
Permit Application and Denial documents
Site Drawing with Survey and Topographical information
Any letters filed with DCM or the LPO commenting on or objecting to your project
Provide a numbered list of all true facts that you are relying upon in your explanation as to why
you meet the four criteria for a variance. Please list the variance criterion, ex. unnecessary
hardship, and then list the relevant facts under each criterion. [The DCM attorney will also
propose facts and will attempt to verify your proposed facts. Together you will arrive at a set of
facts that both parties agree upon. Those facts will be the only facts that the Commission will
consider in determining whether to mnt our variance r uest.]
Attach all documents you wish the Commission to consider in ruling upon your variance request.
[The DCM attorney will also propose documents and discuss with you whether he or she agrees
with the documents you propose. Together you will arrive at a set of documents that both parties
agree upon. Those documents will he the only documents that the Commission will consider in
determining whether to-grant your variance D4Wg t.J
Pursuant to N.C.G.S. 1 13A-120.1 and 15A NC J .0700, th undersigne ereby requests a
variance.
Date: l14-1 zcyl O Signatu .
This variance revuest must he fried with the pircelor ivision of Coastal Management and the
Attorney General's Once, Environmental Divisio , at the addresses shown on the attached
Certificate of'Service form.
10
LAMA 90-97 Bennett Brothers Yachts Variance Request 1-4-2010
JAN-04-2010(MON) 03:13 BENNETT BROTHERS YACHTS (FAX)19107721642
CEKTIFICATE OF SERVICE
1 hereby certify that this Variance Request has been served on the State agencies named
below by United States Mail or by personal delivery to the following:
Original served on: Director
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
copy; Attorney General's Office
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699-9001
rm r
This the A- day of JQ 70
o Petiti ttorney
P. 0 12/0 12
CAMA 90-97 Bennett Brothers Yachts Variance Request 1-4-2010