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HomeMy WebLinkAbout19961054 Ver 2_Public Notice_20110512 C 1 1 t??'1 US Army Corps PUBLIC NOTICE Of Engineers Wilmington District Issue Date: May 10, 2011 Comment Deadline: June 8, 2011 Corps Action ID #: SAW-2009-01242 All interested parties are herby advised that the Wilmington District, Corps of Engineers (Corps) has received a permit application from Bennett Brothers Yachts, Inc. seeking to perform dredging within the Cape Fear Marina located immediately north of the Isabella Holmes Bridge, adjacent to the Northeast Cape Fear River, Wilmington, North Carolina. Specific plans and location information are described below and shown on the attached plans. This Public Notice and all attached plans are also available on the Wilmington District Web Site at www.saw.usace.army.miI/wetlands. Applicant: Patricia Donovan Bennett Bennett Brothers Yachts, Inc 1701 J.E.L. Wade Drive Wilmington, North Carolina 28401 AGENT: Bruce Marek, PE 5489 Eastwind Road Wilmington, North Carolina Authority The Corps will evaluate this request application and a decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act (33 USC 1344) and Section 10 of the River and Harbors Act. Location The proposed project is located at 1701 J.E.L Wade Drive, Wilmington, North Carolina. This site is located immediately north of the Isabella Holmes Bridge and adjacent to the Northeast Cape Fear River, approximately 0.85 miles north of its division with the Cape Fear River. The site is located in HUC 03030007, Northeast Cape Fear. The approximate geographic coordinates of the site are: Latitude N 34° 15.3' and Longitude W 77° 56.9'. Existing Site Conditions The proposed project is located on a 13 acre tract of land located on the Northeast Cape Fear River. Ground elevations of the site range from 6 feet to 35 feet above Mean Sea Level (MSL). According to the New Hanover County Soil Survey, the site contains Urban soils (Ur), indicating disturbance from development that has altered the soil properties to the extent that a soil series cannot be recognized. Vegetation on the site is dominated by mixed hardwoods consisting of loblolly pine (Pinus taeda), wax myrtle (Myrica pennsylvanica), and red maple (Acer rubrum). The river's edge is vegetated by coastal wetlands dominated by smooth cordgrass (Spartina alterniflora) and big cordgrass (Spartina cynosorides) and sparsely vegetated with common cattail (Typha latifolia) and sawgrass (Cladium jamaicense). Section 404 wetlands exist on the site located and are located mostly landward of the adjacent coastal wetlands. The project site has approximately 1,910 linear feet of shoreline frontage along the Northeast Cape Fear River. The river is approximately 700 feet wide at the site. Water depths within the existing marina range from 0.0 ft NLW along the landward side of the existing floating docks to approximately -25.0 ft along the waterward side of the floating finger piers. The tides are semi-diurnal with a range of 4.7 ft. Maximum tidal current speeds are typically at -1.5 knots and wind driven currents up to 3.5 knots. The site is adjacent to the federal maintained navigation channel in the Northeast Cape Fear River. The authorized channel dimensions are 32 ft MLW depth and 400 ft width. The outer docks of the marina, closest to the federal channel, are located approximately 112 ft from the federal navigation channel. The waters of the Cape Fear River are classified as SC by the NC Division of Water Quality (DWQ) and Primary Nursery Area (PNA) by the NC Division of Marine Fisheries. The site is used by Bennett Brothers, Inc for boat repair and maintenance and includes a marina clubhouse, office building, mechanical building, and shed. The marina facilities include a travelift with piers and floating docks. The docks were constructed in 1997. According to the applicant, the new docks had a depth of -4.0 ft MLW at the time of construction. The existing marina facility accommodates approximately 80 boat slips. The average vessel length docked at the marina is approximately 42 ft, with 112 ft being the largest vessel presently berthed. The tract also contains retaining walls located along a vegetated hillside and remnant building foundations. Applicant's Stated Purpose According to the applicant, the main docks of the marina are no longer free floating at low tide. The purpose of the proposed project is to restore water depths along the main dock to the approximate original water depths that existed when the docks were constructed. Project Description The applicant is proposing to excavate approximately 3,942 cy of material from 1.85 acres (80,586 sf) of shallow bottom habitat. The proposed excavation will be accomplished by hydraulic dredging to a depth of -4.5 MLW at the landward side of the main docks, with the depth gradually increasing to approximately -11.0 ft MLW at the outer edge of proposed dredging limits. The dredged material will be disposed onto a high ground area located on the site. Project Background On July 2, 1997, CAMA Major Permit No. 90-97 was issued to Bennett Brothers Yachts, Inc which authorized construction of an open water marina with associated development. On August 15, 1997, a Department of the Army (DA) permit was issued to Bennett Brothers Yachts which authorized construction of a yacht manufacturing and maintenance facility, including an open slip marina resulting in impacts to approximately 4.02 acres of open water and wetlands. No dredging activities were proposed or authorized as a part of the original state and federal permits. On December 3, 1997, the Coastal Resources Commission (CRC) granted a variance to Bennett Brothers Yachts, Inc to allow dredging of 0.02 acres of Primary Nursery Area (PNA) to deepen the area designated as the travel lift pit. On July 13, 2010, the CRC granted another variance to excavate approximately 4,417 cy from 2.0 acres (87,000 sf) of shallow bottom habitat within existing marina and to deepen the marina to -4.5 ft MLW at the landward side of the main docks, with the depth of excavation gradually increasing to -12 ft MLW at the outer edge of the authorized dredge limits. Project Impacts On April 6, 2009, the applicant's original CAMA Major Permit application proposed to remove approximately 6,500 cy from 2.0 acres (87,000 sf) of shallow bottom habitat and to deepen the existing marina from -6.0 MLW at the landward side of the main docks, with the depth of excavation gradually increasing to -12 ft MLW at the outer edge of the authorized dredge limits. The currently proposed project includes excavation of 3,942 cy of material from 1.85 acres (80,586 sf) of shallow bottom habitat; to deepen the existing marina from -4.5 MLW at the landward side of the main docks, with the depth of excavation gradually increasing to -11 ft MLW at the outer edge of the authorized dredge limits. Proposed Mitigation The applicant's DA permit application includes a mitigation proposal (copy attached to this notice) summarized as follows: 1. The applicant has proposed placing of 24 tons of rip-rap at the north end of the site, along the eroded shoreline of U-dock to reduce sedimentation in the marina. 2. The applicant has proposed to plant native marsh grasses in the area landward of the southern docks. This planting includes 2000 native plants placed over two consecutive years during May through June each year. Other Required Authorizations This notice and all applicable application materials are being forwarded to the appropriate State agencies for review. The Corps will generally not make a final permit decision until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and this public notice in the NCDWQ Central Office in Raleigh serves as application to the NCDWQ for certification. A waiver will be deemed to occur if the NCDWQ fails to act on this request for certification within sixty days of the date of the receipt of this notice in the NCDWQ Central Office. Additional information regarding the Clean Water Act certification may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding the application for certification under Section 401 of the Clean Water Act should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), Section 401 Oversight and Express Permits Unit, 1650 Mail Service Center, Raleigh, North Carolina 27699-1605, Attention: Ms Cyndi Karoly by June 1, 2011. The applicant has certified that the proposed work complies with and will be conducted in a manner that is consistent with the approved North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2 (b)(2) the Corps is, by this notice, forwarding this certification to the North Carolina Division of Coastal Management (NCDCM) and requesting its concurrence or objection. Generally, the Corps will not issue a Department of the Army (DA) permit until the NCDCM notifies the Corps that it concurs with the applicant's consistency certification. Essential Fish Habitat This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may adversely impact EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. The proposed dredging will remove approximately 3,942 cy of material from 1.85 acres (80,586 sf) of shallow bottom habitat designated by the state of North Carolina as PNA. Cultural Resources The Corps has consulted the latest published version of the National Register of Historic Places and is not aware that any registered properties, or properties listed as being eligible for inclusion therein are located within the project area or will be affected by the proposed work. Presently, unknown archeological, scientific, prehistoric, or historical data may be located within the project area and/or could be affected by the proposed work. Endangered Species The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined pursuant to the Endangered Species Act of 1973, that the proposed project will have no effect on federally listed endangered or threatened species or their formally designated critical habitat. Evaluation The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the discharge of dredged or fill materials in waters of the United States, the evaluation of the impact of the activity on the public interest will include application of the Environmental Protection Agency's 404(b)(1) guidelines. Commenting Information The Corps is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing shall be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing. Written comments pertinent to the proposed work, as outlined above, will be received by the Corps of Engineers, Wilmington District, until 5pm, June 8, 2011. Comments should be submitted to: Dave Timpy Wilmington District Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28402. f 4332i1S N1313IH W13213> "" „ ' A S.QS$I 3115 AiIS33 ? IMAM= oa R. w 'x.253 k j ? ?dJ in z vs ,^ {s ? {{ W va 2,?. pWy{rt F a q #3 r Cl c -a 44 Q. Ut fl v z =§ ,??, - s ttt ; •i]' - - t ,s c _ _ r z ?,,,Y LYhY ? , ? * • ay gig 'CIO `' r-a 4 `"'? 1??1 X 3 W i r?LL. ' 1 min lx,w '?' ??' q?-Jt •Y "1 7 §x vi? CIN ,y < .r G1 ?? va ¢d 2 i I p i t? ? p V § M" mil' `' /, a r+ q 2" i rr?? u ' ?. .. a t ; fu W ? x^? Axu +L o,w I ? m ? w ?o? ..t?sn .° f 7 ' + - z tt} W k3 Y tG O ?''a z 9 z V1 3'DaMS S3WMH 31139VSI ;? 2v=ia'? not to scale is LOCATION PLAN CAPI ARMY COE APPLIt -__--D-R-E- DGE PERMIT CERTIFICATION PER CAMA # 90-97 PICTURE TAKEN AT MARINA OPENING, AUG 1998 VARIANCE FOR lb 93' LIGHT BLUE SAILBOAT WITH 9'-6" DRAFT (SLIP A); ,QEXISTING OPEN 80' BURGER POWERBOAT 5' BOW DRAFT, ON SOUTH FACE OF SLIP , PRIOR TO INSTALLATION OF 1A - 4: VESSELS NEVER WERE AGROUND IN THEIR SLIPS. CAMA Approved Waterward Limit of NAV CHAS Dredging = -12 MLW (Depths 2-16-09) - PROPOSED 'Minimized' Waterward Limit of Dredging = -11 ML W MARINA/S. ~- Project Boundary is Existing MILL / W HA Maritta Dock Envelope" <A.K,A, Pr (Not a new navigation channel) w J J w Q. -? __ „ _ N-t84,757II57&3& outer J 2a?' Ap, pe e of putboar / y4T _?`?` ) S/r Pth0to244 w (;ANlA APPROVED DREDGING AREA: 2. U AcreS PROPOSEDIVIINIMIZcDAREA: 1.85Acres EHARV( PROJECT BOUNDARY EXISTING MARINA FOOTPRINT 135 000 SF = 3 1 ACRES ...... __ ? t ? 10.1 t7Z SR,4 ? -• .? - ?.- 6.1E ...-_.? 79 G G ?G G ?G. ,g NOTEf APPX 32 ACRES OF SHALLOW WATER, Tx ? LANDWARD OF SOUTHERN MAIN DOC, UNDREDGED/UNDSTURDED KtS? TO PROPOSED MITIGATION t R r APPX - MARINA FOOTPRINT OF 3,1 ACRES AND 1.75 x PROPOSED DREDGE FOOTPRINT ADD ,,NATIVE MARSH GRASSES _._. -MARSH LINE SEPT 2010 -, 0 40' 80' 120' 160' 200'240'280` ?'" r a~ - - T Zr_ AM, leis. 1'=185' WHEN PLOTTED ON 8.5'x11' PAPER 1'=120' WHEN PLOTTED ON 11'X17' PAPER ALWAYS VERIFY W/GRAPHIC SCALE PICTURES TAKEN AT LOW TIDE, SHOWING MAIN FLOATING DUCKS AGROUND OR ALMOST SO ON LANDWARD SIDE. C ? E _ 1 A NOTE, APPX 32 ACR SHALLOW WATER, Ld 12F SOUTHERN MAIN TO REMAIN UNDREDG BENNETT BR March 4, 2011 March 4, 2011 BOTHERS YACHTS, INC. 'E FEAR MARINA 7 ID JCATION DRAWING FOR INDJ UAL =T & NC DWQ 401-WATER QUALITY Ami I (JOINT-APPLICATTON) 97 MAJOR MOD 7-13-10 BY CRC MAINTENANCE DREDGING OF PICTURE TAKEN AT MARINA OPENING, AUG 1998 w' 1 WATER MARINA DOCKS/SLIPS. LARGE POWERBOATS IN SLIPS P8H VESSELS NEVER WERE AGROUND IN THEIR SLIPS. AST CAPE FEAR f 7-13-10 CANA 90-97 APPROVED DREDGE AREA-L0 AC 00 RIVER PROPOSED 4-S-11 'MINIMIZED' AREA = 1.85 ACRES z HANNEL DEPTH MIN = APPX -34' DRIGINAL4-9 DISTURBED AREA REDUCTION) UDREDGE VOLUME+ 6500 C :. REDUCED VOLUME 1-4-10 FOR VARIANCEE4417 CU YDS /SITE LOCATED AT FORMER LUMBER 39 - VOLUME 'MINIMIZED' VOLUME FFR12M 4-9-09 su4? TT tr°° rv ??n pe?ths 2-16 09? } ? 'HARE DATING BACK TO 1860'S: _12 MLw ( L o -I PARSLEY'S MILL WHARF - 1893) --" " .-? _?-- rn ..: w (?91ng and Limit Ord Linli# Of Dredc? w Steel a e m roved W d'" e?i1068, Sunken in$ LAMA APP but up & Removedr PROPOSED minirfli TEE DURING MARINA CONSTRUCTION, AS ??zo iTiGATIO RT OF CAMA PERMIT, RIVERW??D WAS PCpt?G?c AEI, -yq IiJ ?.? RVESTED AND MANY OLD WOOD PILES k( 1 rts? _ `, `, .RE REMOVED ADO' o 2is ? tt l? ? ? , ?_ ? a "" ?l?T H\fyhfl `..7.5 1l IR,?t.4 e'' a,?, !"t ?W^K 70 _ • a_a ? n ?. s.`? r t D 4 is.5 ?. UU , -G• :7.5 S t _?.-?d --? 2?° ,%.? t I a ? a _xaA ?iDx i 2A J. ° flA - ..?3 LEGEND A w S 1 ?,.--- 0_11.- 7!r AEC s? BGCK* 7M a>FFX&'%4?W NO= BENCHMARK ELEV. 10.68' oll ?mod; ACRES OF HARVESTED RIVERWOOD LANDWARDS DURING MARINA CONSTRUCTION D, 3-q),-11 !EDGED. 3_ CYPRESS LOG, APPX 5'0 I'lotts t 1, 0 yy I e? x s 4 "UC I BRUCE MAREK, P.E. 5489 EASTWIND RD. WILMINGTON, NC 28403 PROJEW MUNAARy- --------- PROMSSD Ron DREDGE RmNwy, 75AEC, - ?• -• - ?[" ?Li's.Ask7a EXISTING APPROX MLW FROM 7OCKBUILDER PLANS - - tIOTT€7M S1UNI)INGS 1-16-09 -2C.9NLW AROPUSU MIT46ATIOM ITEMS ARE 1 NASCATED IN RED PROPOSED MINIMIZED MAINTENANCE DREDGING PLAN WITH MITIGATION AREAS BENNETT BROTHERS YACHTS, INC. CAPE FEAR MARINA 1701 J.E.L. WADE DR WILMINGTON, NC 28401 910-772-9277 FAX: 910-772-1642 BBY-MAINT DREDGING ',',ISSUE: 4-18-11 1 f Q E-I (MARINA PLAN VIEW) VERIFY W/GRAPHIC SCALE ! ; 1 BENNETT BROTHERS YACHTS, INC. CAPE FEAR MARINA ARMY C OE APPLICA'14ON DR11Ct'ING 17OR INDIVIDUAL DRI DGF PI?RNll'l' & NC DXX'Q 401 NN%,A`I'ER Qt',\I,Fl"° CI R'I'IFIC Ar iON (JOIN'T' APPLICATION) PER CAMA # 90.97 NUAJOR NtOD 7-13-10 BY CRC NOTE, DOCKS WERE ALL VARLkNC'E FOR NLAINTENANC.L DREDGING OF FREE-FLOATING AT TIE OF EXISTING OPEN W'A'ITElt MARINA DOCKS/SUP-S. INSTALLATION, SEE DRAWING CLE-1 FI32 PROPOSED MITIGATION WATER LEVEL CSHOWN ICATM Appx SPX M11/) -4.S I IVt STEEL I (TYP) 8'3 MAIN WATER LEVEL (SHOWN'" A APPX M LW) - -4.S MLW APPx DREDGED SLOPE/ b- <TYP SE NC STAKE SL J OR AS TOPOGRAPHY WARRANTS TO SLOPE TO -II' NLV COIR4TOm TYPICAL CROSS-SECTION AL N MAIN DOCK (NOT TO SCALE) SEE DRAWING COE-i FOR PROPOSED MITIGATION DOCK(S) TYP. - CAMA/CRC APPROVED I Vertlrp DREDGE LIMIT -12' MLW or zm n APPX DREDGED SLOPE y^? '- '*r y .. . (TYP SE NC STABLE SL ) _ ? -.. l OR AS TOPOGRAPHY _ - '? WARRANTS TO SLOPE TO -I1' -. _. ,. M,W COUNTOLR _ -12 MLW TYPICAL CROSS-SECTION A PILES (NOT TO SCALE) PROPOSED MINIMIZED +.?/?r ," - MAINTENANCE DREDGING (T b" , YP PROJECT CROSS SECTIONS BENNETT BROTHERS YACHTS, INC. -:s CAPE FEAR MARINA 1701 J.E.L. WADE DR WILMINGTON, NC 28401 910-772-9277 FAX, 910-772-1642 Zr BHY-MAFNT DREDGING *" ISSUE, 4-18-11 C ? E - 2 BRUCE MAREK, P.E. 3489 EASTWIND RD WILMINGTON, NC 28403 I0-799-9245 r w (CROSS SECTUD YEeNFY v/IFAPrQC SCALE T F 4a i Y ff?? .4 r hN, i a ?A& Mai, sr..' ' Aft& t d(je tO-ivvy' l 3 r, Z'7 7 _ t- - Navigation Channel -Point--_is_n..ow ow the Active Layer BBY VICINITY MAP 2 Z '? "? Bruce Marek, P.E. 5489 Eastwind Rd Wilmington, NC 28403 April 18, 2011 Project Narrative for U.S. Army Corps of Engineers Individual Permit/NC DWQ 401 Water Quality Joint Certification for Maintenance Dredging of Bennett Brothers Yachts, Inc/Cape Fear Marino 1701 J.E.L. Wade Dr. Wilmington, NC 28401 by COE ENG FORM 4345 dated 4-18-11 (Previously assigned COE Action I.D. 2009-01242 8 NC DWQ No. 96-1954v2) Bennett Brothers Yachts, Inc. has been in business in New Hanover County since 1989, after relocating from Connecticut. It operated a new boat construction and repair facility on Market Street in Wilmington near Ogden while searching for a suitable waterfront boatyard/marina facility for the deep drafted sailing vessels and larger power yachts that it built/restored. Bennett Brothers Yachts, Inc. was issued CAMA Permit # 90-97 on July 2, 1997 for the construction of a 72 slip marina and upland boat repair facility along the Northeast Cape Fear River at 1701 J.E.L. Wade Drive, Wilmington, NC. The open water marina site, approximately 1910 ft in length, is located immediately north of the Isabelle Holmes Bridge, along the east side of the river. The high bluffed site offers some of the best hurricane protected dockage in the New Hanover/Brunswick County area. The marina has held the NC "Clean Marina" designation since 2009 and has in slip pump-out facilities for all slips. Historically, the site was part of downtown Wilmington's waterfront since the 1700's. Dating back to pre- Civil War 1856, it was home to a succession of large sawmills (including Parsley's Mill), wharfs for upstream log timber barges, outgoing ocean schooners and thence steamships and a pile supported wood ramp system used to pull pine and cypress logs up into the mill. Unconfirmed data indicates about 18% of logs in a log raft sunk prior to making it to the sawmill. The site is bounded to the north by the City of Wilmington Sweeney Water Treatment Plant. The Hilton Railroad Bridge is 700' upstream (north) of the site. Prior to the first Highway 117 (Holmes) bridge in the 1920's, the Point Peter ferry ran across the North East Cape Fear River at Hilton Street, approximately at U- Dock. A 32' deep federally maintained Corps of Engineers Shipping Channel runs down the center of the river. The channel continues northward to several industrial and chemical plants along the river. There are developed plans, under the Wilmington Harbor NC-96 Act to deepen the shipping channel from the Holmes Bridge northward to Chem-Serve to 38', and to create a 38' deep turning basin north of the Hilton Railroad Bridge. (Opinion only: high estimated costs, less usage by large ships, and undoubtedly now the economy has lessened the interest in the additional taxpayer burden of dredging the additional 6' of depth from 32' to 38' for infrequent large ship usage.) With the closeness to the deep water channel and long history as a wharf, Paul Bennett purchased the site in 1997 to create his boatyard/marina. Because of the approximate 27+/- mile distance to the mouth of the Cape Fear River/Atlantic Ocean at Bald Head Island, and the approximate 30 mile distance to Wrightsville Beach/Masonboro Inlet, Bennett Brothers Yachts/Cape Fear Marina is better suited for use by larger yachts, and not by small trailerable boats. The average vessel length docked at the marina is approximately 42', with 112' being the largest vessel presently berthed. Against the tide, it is at least a 4 hour trip to the Atlantic Ocean in a 42' sailboat. 1 Bennett Brothers Yachts: COE ENG Form 4345 Narrative 4-18-11 Shoaling has occurred under much of the length of the 8' wide main docks that run parallel to the river, such that at low tide the landward side of the docks are aground or nearly aground. The typical vessel size anticipated for the slips risk being aground with their rudder, keel or propeller(s). Some of the shoaling has occurred is directly related to an isolated collapse of a city storm sewer in 2000 that outfalls near H-dock, and also from erosion caused by constant outflow from a City of Wilmington Water Treatment Plant 18" Discharge Pipe that no longer appears to have adequate energy dissipation (rip- rap) under the pipe end. At one of the early multi-agency meetings during the CAMA Major Modification for Maintenance Dredging Application Process, Rich Carpenter of NC Division of Marine Fisheries, who has long been familiar with the site, indicated that he would not have anticipated the shoaling that has occurred at the marina. The CAMA permit modification application was denied because of concerns of dredging in a Primary Nursery Area (PNA). The North Carolina Coastal Resource Commission approved Bennett Brothers Yachts, Inc. variance request at its April 2010 Meeting, resulting in a major modification dated 7-13-2010 which allowed for maintenance dredging within the footprint of the existing marina, from -4.5' MLW under the landward side of the main docks out to the -12' MLW Contour, an area of 2.0 acres (87,000 sf). The initial permit request was for -6' MLW under the docks landward edge, which would have meant -8' MLW at the river side of the 8' docks, using 4 Horizontal:1 vertical as a design stable bottom slope. Lunar Mean Lower Low Water can be as low as -.6 ' MLW, thus yielding a 7.5' draft along the dock edge. Anticipated dredge volume was 6500 cu yds. For the variance submittal, the dredge depth was voluntarily reduced/minimized to calculations for -4.5' draft at the landward side of the dock, which calculated to a 4417 cu yds dredge spoils volume. The CAMA 90-97 (97 is the year of first issue) Permit Modification included the condition(s) to secure any other required state or federal agency permit. The NC Division of Water Quality (DWQ) required Section 401 Water Quality Certification and Army Corps of Engineers Approval. COE ENG Form 4345 is a joint application form for both, with the COE being the lead agency. Bennett Brothers Yachts, Inc Form 4345 Application, as well as an Applicant Proposed Mitigation Statements (APMA), both dated 4-13-11 are part of this submittal. This narrative, as well as other attachments & drawings, are in support of our request for the necessary approvals/certifications. The river waters are classed as SC, basically the lowest classification available. To minimize/mitigate the adverse impact(s) if any, that the maintenance dredging to restore the marina to its free floating dock condition that existed when it was built, Bennett Brothers Yachts, Inc. proposes to limit its outward dredge contour to -11' MLW. This reduces the dredge volume to 3942 cu yds (almost a 40% reduction) and the dredge footprint to 1.85 acres (a 7.5% reduction). Additionally, Bennett Brothers Yachts, Inc. offers the placement of 24 tons of appropriate sized rip-rap at the north end of the site, landward of U-dock, to alleviate the erosion caused by the water treatment plant discharge and to act as habitat/hiding places for juvenile fish. At the south end of the site, planting of local native marsh grasses is proposed, 2000 plants from seeds harvested on site, and properly germinated and grown by a local sea oat/marsh grass grower. Plantings will be 1000 plants a year at the appropriate time frame (May/June). Note that the project minimization is offered in the spirit of good environmental stewardship. While this is the thirteenth year that the northern docks have been in place, we were not able to get any definitive answer from any of the regulators that we met with whether it was better to do less dredging more often, or deeper dredging less often. If any of the review agencies comes up with a conclusive, scientifically sound 2 Bennett Brothers Yachts: COE ENG Form 4345 Narrative 4-18-11 reason to dredge less often, then the concept of minimization would not necessarily be appropriate for our project and we would go back to the CAMA permitted -12' MLW and 4417 cu yds. The proposed potentially shorter dredge periods will have higher mobilization costs, but at this time we are comfortable with the minimization concept promulgated by the avoidance/mitigation/compensation concept. In a 1997 Coastal Resource Commission Variance removing initial permit condition #2 in regards to dredging the travel lift pit, they indicated that PNA was generally considered as waters shallower than 4' of depth. They also indicated that area of the marina at the lift pit was "...PNA that does not have a high resource value." Interestingly, the Cape Fear River/North East Cape Fear River has a designation of PNA for the "entire width of river excluding the maintained channel", from Snow's Cut to the south to upstream of Bennett Brothers. Thus waters that is almost 32' in depth just outside the shipping channel north of the Holmes Bridge, and waters up to 40' in depth outside of the channel south of the Holmes Bridge, are all considered PNA. This seems to be an overly conservative determination of PNA. Fisheries and other agencies are using this broad definition of PNA from shoreline to the channel edge to preclude maintenance dredging of this historic wharf site. The "Cape Fear Chronicles" details dredging of the river from its mouth at Smith Island (Bald Head Island) up to Wilmington, dating back to 1822 to 1829 by the State of North Carolina, and thence from 1835 through the present by the U.S. Government. At the start of first dredging, the bar off of Bald Head Island only had a low tide channel depth of 9'. in 1863, there were projects {12,800 If of stone breakwall} to close the breeches that were created between Zekes Island and Smith Island, at the same time as New Inlet was created during a 1761 hurricane. New Inlet was closed between 1875 to 1881 with a 5300 ft long stone breakwall to help increase flow out of the river mouth. In 1874 a dredge project was started that increased the channel from Bald Head to Wilmington to 1.00' wide x 12' deep. In 1881 the scope was increased to 270' wide x 16' deep. In 1890 the depth was increased to 270' wide x 20' deep, and in 1912 to 300 ft wide x 26' MLW depth. This was prior to the first steel bridge at the Holmes Bridge location in the 1920'x, and the marina site was considered as part of the downtown Wilmington waterfront. The 26' dredge depth undoubtedly was needed for the deep draft ocean going schooners that carried lumber products to the West Indies. The lack of specific dredge records has caused our request to be treated as a request for new dredging in a PNA, rather than maintenance dredging of previously dredged areas. Remnants of the tops of old timber bulkheads can be found on the site, landward of the main docks. The site was designed as an open water marina with no need for dredging based on the original permitted 1997 layout. There was no need to try to quantify the restoration/clean up of the site as a mitigation/compensatory credits. The first being removal of an old submerged steel barge, 106'x28' located approximately at J thru N-dock. Secondly, old piles were removed from the days of the wood wharf/wood ramp used as a guide to pulling logs up to the sawmill. And not inconsequential, many pine and cypress old growth logs, up to 5' in diameter were extracted from the marina site and adjacent waters. Riverwood Company first had a Department of Cultural Resources Permit thence LAMA Permit 110-97 to do the expensive harvesting work. The benefits to the site for removal of the logs are many: it clears debris and increases water flow; it potentially reduces toxins from entering the water, such as turpentine; for each tree removed one less needs to be cut down, saving old growth forests; does not displace wildlife as much as logging has the potential to do; sunken logs can break loose and float downstream during hurricanes and similar storm 3 Bennett Brothers Yachts COE ENG Form 4345 Narrative 4-18-11 events; it lessens the chance for a propeller or keel to get damaged on a log, and the ridges along the river bottom caused by the extracted logs can provide velocity shelter to fish. Paul Bennett succumbed to cancer in 2007, His widow, Tricia Bennett, is now president and sole owner of Bennett Brothers Yachts, Inc. While she and others were around Paul during the marina permitting and construction, a lot of the specific details and conversations are now lost forever. The water area that is landward of the southern docks is slightly greater than the marina footprint (3.2 acres vs 3.1 acres). There is another 0.7 acres landward of the northern docks. Out of an approximate total of 7.0 acres of "river", the marina footprint is only 44%. Considering that logs and the barge were removed approximate full length of the marina, and the rip-rap and marsh grasses add another,5+acres of potential mitigation, the total enhancements/restoration/mitigation to the North East Cape Fear River are double the size of the requested minimized dredge area. The Misc. References include recent articles of State Supported Marina Dredging (Maryland, from boat taxes) and U.S. Fish & Wildlife Services Major Boating Grants in 11 states announced by Interior Secretary Ken Salazar for Boating Infrastructure Grants that "support access and provide quality outdoor opportunities... also spur major construction projects, creating jobs and providing much needed economic benefits." Here, at no cost to the taxpayer, Bennett Brothers Yachts is set to do the work on its own to keep the docks free floating for access for all boaters, and is also offering minimization and mitigation to offset any real, perceived or incidental unavoidable impacts in restoring the depth at the docks that existed in 1997. From a purely technical standpoint, based on Bernoulli's Law of fluid mechanics and energy conservation, allowing a shore to shoal will be manifested elsewhere. To keep constant flow, shoaling on one side of the river could be offset by erosion on the other side. Or, if there is a constriction due to shoaling on one or both sides of the river, then flow velocity must increase, After a significant storm event, the impacts of high water level and high velocity water can cause problems for a significant distance downstream, as after Hurricane Floyd in 1999. The river was shut down for floating pigs and debris for several days. Further downstream in the Cape Fear River Basin, the mouth of Bald Head Creek shoaled considerably to one side, almost making the entrance impassable. This caused a shoaling on one side and erosion on the other. A pier project that had had over 8' of pile embedment 6 years ago ended up needing a LAMA Repair Exemption to sister on new piles, when several of the original piles had started dangling with no or littler embedment remaining. The creek mouth is now permitted and scheduled for dredging. A further Bald Head Creek example is the "old wooden boathouse", which now has the creek running entirely between it and the adjacent land mass of the island' proper. In closing, the ability to conduct maintenance dredging, is a needed and expensive undertaking. The economic viability of the boatyard/marina and the jobs that go with it, requires that vessels need to consistently and reliably be able to dock without running aground, i.e. safe access.. The minimization, mitigation and compensatory nature of the offered and original site enhancement/restgration should be considered in the spirit of what the marina offers to the surrounding commurlityafk1e g community of South East North Carolina.` Jr Bennett Brothers Yachts: COE ENG Form 4345 Narrative 4-18-11 "}' ? Applicant Proposed Mitigation Statements Application # H-le rk to ttthorize or-verifv ecllani7ed placer minis - ,,or the Gems e. 41. A ON A the mites= 1. Avoidance of impacts to waters of the U.S., including wetlands: Please describe how, in your planning process, you avoided impacts to waters of the U.S., including wetlands, to the maximum extent practicable. Examples of avoidance measures include site location in uplands, establishing buffers in riparian areas, route selection in uplands, mine design that avoids wetlands and streams, one stream crossing instead of multiple crossings, one road instead of two roads in wetlands, stacking waste higher to avoid wetlands, siting of facilities in uplands, drill holes in uplands, use ofa stream bypass. Irlease add your specific answer(s). The Scnnett Brothers Yachts, Inc. Cape Fear Marina Project, LAMA Major Permit # 90-97 was conceived and permitted as an open water marina along the eastern shore of the North East Gape Fear River in wilmingtor, NC. Ir.'s location at 1701 J.E.L. Wade Dr. is uniquely located upstream/to the north of of the Isabelle Holmes Bridge, and downstream/to the south of the City of Wilmington Sweeney Water Treatment Plant. The site has appx. 1910 lineal feet of river frontage. The boatyard services and builds deep drafted ocean going pleasure yachts and work boats. Because of the high bluffs, the site has had its early beginnings with the initial founding of downtown Wilmington. The site has a long documented history as a lumber mill and as a commercial wharf for lumber barges and lumber schooners, dating back to pre-Civil War 1856. A federally maintained navigation charnel 021depti) passes along the site. The marina design is based on required channel setbacks to the west and avoidance of the 401 and coastal wetlands to the cast. That the final slip layout for CAN.A permit took only 2 months in 1997 from application date to permit should be an indication, that Paul Bennett,who died in 2007 of cancer, intended on avoiding adverse impacts to wetlands k U.S. waters. His widow, Tricia Bennett, oversees the yard. I Minimization of unavoidable impacts to waters of the U.S., including wetlands: Please describe haw your project design and or mine plan incorporates measures that minimize the unavoidable impacts to waters of the U.S., including wetlands, by limiting fill discharges to the minimum amount/size necessary to achieve the project purpose. Examples of minimization measures include: limiting advance stripping to one year, the bridging of streams, proper sizing of culverts for fish passage, mining only ground that is economic (not all the ground goes through the box), drill pads placed on platforms, drilling mud goes to a containment sump, fill is placed in already disturbed site(s), mining area predrilled to mine only the economic ground, overburden goes to an already disturbed site(s), concurrent reclamation is planned, immediate stabilization of all fill, waste goes to uplands, drill holes are used in wetlands for exploration rather than trenches, miner agrees to abide by the conditions of the Corps General Permit, the use of geotextile material for roads or drill pads. Please add your specific answer(s). The interesting aspect of the Bennett Brothers Yachts, Inc, marina site is that. it in in a designated PNA ,"'rima"y Nursery Aran). From `3C CRC comments in a 1997 variance to dredge the travel lift pit,PNA in usually d?>=gi 3 for sat rs 4' or shall wen in depth. The Calar3 Fear River, from snow's cut nryr 3sward, Well into the North East cape Fear River, has all. waters outside of the federally maintained shipping channel designated as PNA, oven as the water approaches the 32' (or deeper in parts) dredged depth. Normal Southeastern North Carolina engineering assumptions are for a 4 Horizontal:: Vertical side alope. as a design stable slope. Any federal dredging of the nov.i.gas iorn czhanne.1 Side slopes., by defirnS.tiors, is thus violating the PNA. A moan su,T,-le d,finiticn would seeps to be EFH (ESSedtial Fish Habitat) from the channel edges to some some shallmwor, i.-e. 4' dopt!r, and the shallower water having the FN.'S designation. The docks were presumably all set in water with depths of -41MLi4 or deeper: thus any maintenance dredging activity that we propose is really a restoration to depths at time of marina construction. Throughout the permitting proc2ss for this maintenance dredgs.rng request, we have tried to minimiza the requested amount of dredging consistent with size of vessels normally berthed at this NC designateu (2009) 'Clean marina". We nave reduced the dredge volume requested from 6560 cy to 3942 ey and the dredge footprint from 2.00 acres to 1.65 acres. I 3. Compensation for unavoidable impacts to waters of the U.S. including wetlands: Please describe your proposed compensatory mitigation to offset unavoidable impacts to waters of the U.S., or, alternatively, why compensatory mitigation is not appropriate or practicable for your project. If you do not plan on completing compensatory mitigation we need a statement to that effect. Examples of reasons that compensatory mitigation may not be required include: concurrent reclamation is ongoing and I am leaving an equal or greater amount of wetlands in the project area, settling ponds are being left for fish and or terrestrial habitat, the creek is in better condition (flood plains reestablished, sinuosity returned to creek, channelization reduced or eliminated) after reclamation than before mining, the thawed ground after reclamation has a different function (improved flood retention, improved particulate filtration, additional habitat diversity) than before minim;, restoration onsite included the "clean up" of previous disturbance, we are leaving the land in conformance with the land manager's plan. Please add your specific answer(s). Bennett Brothers Yachts, Inc. likes to consider itself as a goad steward for the North East Cape Fear River/ Cape Fear River Basin. The marina itself has in slip holding tank pump-out facilities, and is one of few marinas the New Recover/Brunswick County area that has access for larger yachts to reach the pump out locations. The outer docks have a VLW depth often in excess of -201. The :lips are well protected from the Northeast, and are considered as one of the best °hurricane holes" for larger yachts: in New Hanover County, In as much as the requested maintenance dredging is considered an impact on the waters of the U.S.., Bennett Brothers Yachts, Inc. proposes the following Permitted-Responsible compensatory Mitigation that is in addition to the already provided costly clean-pup of the river which included the removal of a submerged 1081x28` steel barge in the area of d-dock through N-Duck in 1998: removal, of old piles from the lumber mill ramp and wharves, and the removal of old river-wood, of up to 5' diameter. The maintenance dredging is a restoration acLivity,nct an attempt to create marina area. 1.. As offered in writing in the CAI LA Variance submittals, and acknowledged in the CRC Variance and the ensuing permit Major Modification, the placement of 24 tone of, rip-rap at the north end of the site, along the eroded shoreline landward of U-Dock. This is ima:tedlately south of a mostly continuously flowing 181' discharge pipe from the Sweeney :eater Treatment Plaint. While dredging is needed to keep the majority of the marina docks from grounding at low tide, the shore near U-ciock can be more classified as eroding. 'there no longer appears to be any effective cutlet energy dissipation under the pipe outfall. This Class R or other appropriate sized rip-rap would be placed using the current CRMA general Permit. Rules for rip-rap (a separate submittal if acceptable) based on Corps of Engineers Guidelines. This area is shown in red on drawing COO-1. (When first offered it was a 10, limit, presently a"). 2. As mentioned in the interagency meeting, we are in favor of providing native marsh grasses in the area. landward of - southern docks for increased habitat area. Two areas are indicated on drawing COE-1. As a permittee-responsible I ion, the intent is for 2000 plants, placed 1.000 in each of two years. While this is intended to be tied into the permit, the time line should not be tied to the dredging operation period. The dredge moratorium as desilquated in the C'AIMA permit is from April 1. through September 30 of any given year. Securing of marsh grass seeds is a tall occurrence, and there are very specific procedures to process the seeds, germinate, plant and harvest for re-planting. The time frame for laming is pro bly similar to that of sea rats, being late May or early June. The two planting years are anticipated to be consec i , b t would be contingent on evaluating the first year or years, results and seeing where/whon the second planti g w •d mci't effective. We have been in contact with St ae Mercer, a local marsh grass/sea oat provider. l d nt ig flit ate .. .. `v0 ? . ?YSbA I4 ! jX? •m tf ?f)f f _ . Eal aa Bruce Mark, P' t rK"a 5489 Eastwind Rd'"•? 2 Wilmington, NC 284 M3 Definitions: Com ensatorv Mitigation: involves actions taken to offset unavoidable adverse impacts to waters of the U.S., including wetlands, streams and other aquatic resources (aquatic sites) authorized by Corps permits. Compensatory mitigation may involve the restoration, enhancement, establishment (creation), and/or the preservation of aquatic sites. The three mechanisms for providing compensatory mitigation are mitigation banks, in-lieu fee of mitigation, and pennittee-responsible mitigation. Enhancement: the manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Establishment (creation): the manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area and functions. In-lieu fee program: a program involving the restoration, establishment, enhancement, and/or preservation of aquatic resources through funds paid to a governmental or non-profit natural resources management entity to satisfy compensatory mitigation requirements for DA permits. Similar to a mitigation bank, an in-lieu fee program sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the in-lieu program sponsor. However, the rules governing the operation and use of in-lieu fee programs are somewhat different from the rules governing operation and use of mitigation banks. The operation and use of an in-lieu fee program are govemed by an in-lieu fee program instrument. Mitiuation bank: a site, or suite of sites, where resources (e.g., wetlands, streams, riparian areas) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by DA permits. In general, a mitigation bank sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the mitigation bank sponsor. The operation and use ofa mitigation bank are governed by a mitigation banking instrument. Penmittee-responsible mitigation: an aquatic resource restoration, establishment, enhancement, and/or preservation activity undertaken by the permittee (or an authorized agent or contractor) to provide compensatory mitigation for which the pennittee retains full responsibility. Practicable: available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Preservation: the removal ofa threat to, or preventing the decline of aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Restoration: the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation, Bruce Marek, P.E. i Pr .. 5489 Eastwind Rd. a ?, p Wilmington, NC 28403 ft€c 3ca ?.°' -r.. P17cuyds Approximate Dredge Volume Calculations for Bennett Brothers Yachts, Inc./Cape Fear Marina Loc.Ala m D1 is at North End of Marina (North End of "U-Dock" ); D27 is at South End of Marina a... our Length Is Distance between Measurement Locations Depth Measurement Date = 2/16/2009 ocation Appx Dist to -11.0' 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 Dl 10' -10.0' -10.0" 5 sf 5 sf 0 sf no dre dging needed a :ong U-Dock D2A 10' -1010' -10.0' 5 st _ ' 5 sf 0 sf no dre dging needed a lon U-Dock D28 38' -05° -4.5' 200 sf 124 sf 76 sf D3 26' -03' -4.5' 139 sf 85 sf 55 sf 60.0' 145 cu ds D4 33' 0.7' -45' 193 sf ' 107 sf 86 sf 30.0' 78 cu yds DS 37' 0.0" 45` 204 sf 120 sf 83 sf 96.0" 301 cu yds D6 40' 0.0' 220 sf 130 sf 90 sf ' 96.0' 308 cu yds D7 51' 0.0' -45' 281 sf 166 sf 115 sf 57.0' 216 cu ds D8 39' 0.0' -4.5' 215 sf 127 sf 88 sf 50.0' 188 cu yds D9 40' 0.0' -4.5' 220 sf 130 sf 90 sf 32.0' 105 cu yds D10 41' 0.1' -4.5' 228 sf 133 sf 94 sf 47.0' 160 cu ds Oil 50' 0.1' -4.5' 278 sf 163 sf 115 sf 100.0' 388 cu yds 012 69' 0.0' -4.5' 380 sf 224 sf 155 sf 51.0^ 255 cu yds D13 79' -0.2' -45' 427 sf 257 sf 170 sf 46.0' 277 cu yds D14 79' -0.2' -45 427 sf 257 sf 170 sf 51,0' 321 cu yds Dis 44` -1.5' 77 209 sf 143 sf 66 sf 60.0' 262 cu ds D16 44' -1.9' -45 200 sf 143 sf 57 sf 78.0' 178 cu yds D17 18` -3.5' -45' 68 sf 59 sf 9 sf 63.0' 77 cu ds D18 33' -3.2' -4.5' 129 sf 107 sf 21 sf 60.0' 34 cu yds 019 46' -5.2' -4.5' 133sf 150 sf -16 sf 50.0' 5 cu yds D20 39' -17' -45' 142 sf 127 sf 16 sf 58.0' -1 cu yds D21 32' -16' -45 118 sf 104 sf 14 sf 60,0' 33 cu yds D22 40' -3.0' -4.5' 160 sf 130 sf 30 sf 108.0' 89 Cu yds D23A 48' -4.5' 240 sf 156 sf 84 sf 71.0' 150 cu ds D23B 48' -4.5' 240 sf 156 sf 84 sf D24 47' -2.5' 200 sf 153 sf 47 sf 127.0' 308 cu yds D25 59' --3,0' -45 236 sf 192 sf 44 sf 70.0' 118 cu yds D26 61' -S.4' 45" 171 sf 198 sf' 27 sf 61.0° 19 cu yds ID27 59' -8.2' -8.0` 83 sf 89! f -6 sf 117.0' -72 cu yds Sums 1699' 3942 cu yds Sealed 4-18-11 Bruce Marek, P.E. NC #15684 s?s?safsear„ ??• Ya ? f 4 ?-9Y , f z l r' >ft yam- v Z • t ENO Sealed Copies are Official Dredge Volumes for ACE 4-18-11 CAMA90-97 Bruce Marek, P.E. Proposed Revised Calcutararns for Variarxr based on MinimhIng Dredging 5489 Eastwind Rd. To Keep Main Dodos Afloat at MLLW W Iiriliftgton, NC 28403 1/4/2010 Approximate Dredge Volume (:atadations for Bennett Brothers Yadtts, Im/Cape Fear Marina Location Di Is at North Hsd of LUFari na (North End of *U4)0&1, D27 6 at South &W of Marion Length is Distance between Aeasrratnerrt Locations Depth Measurmrent Date = 2/15/2009 ocation Appit Dist to -12.0' MLw From Dock Landward Side MLW Depth Dock Landward Edge 2/16/2009 Desired Depth at Dock INBO Edge Existing Triangutar Profile Area sf Proposed Triaplar Profte Area sf Dredge = Profile Oifferece ength olume 01 My AW -10.0' lost 10 s 0 sf D2A 20' -100 -100 10 sf l0 sf 0 sf 155 0 0 cu yd 02B Q. -OS' -45 242 sf 158 sf 84 sf D3 30' -03' -4-5' 176 sf 113 sf 63 mly 163 cu yd D4 W. O.7' -4S' 235 sf 139 sf 96 sf 30.0' 68 cu yd 05 41' OA' -4S' 246 sf 154 sf 92 sf 96.0' 33S cu yd D6 44' 00 -4.5' 264 sf 165 99 57f 960 340 cu yds'. D7 55' 0.0' AS' 330sf 206 124 57-0' 235 cu D8 43' W? -45' 258 sf 161 97 sfl SOA' 204 cu yd 09 44' 00 AS' 264 sf 165 99 sf 32.0' 116 cu yds 010 45' 01' -4.5' 272 sf 169-sf 104 470 176 cu yds Di1 54' 0.1' AN 327 sf 203 124 sf 1000 422 cu yds 12 73` 0.0' 45' 438 sf 274 164 sf SL0' 272 cu yd D13 75' AT 75' 443 sf 281 161 sf 46.0' Z77 cu yd D14 83' -0.2' 45' 490 sf 311 sf 178 sf 510 321 cu yd 015 48' -IS` •4S' 252 sf 180 72 st , 600 278 cu yd D16 48' -1.9' -45' 242 sf 180 62 78.0" 194 cu yd D17 22' 33' -4.5` 94 sf 83 11 61 0 86 ru yds D18 37' -32' -45' 163 139 24 Goff 39 cu yds 019 50' -52' 45' 170 188 -18 sf SO.O' 6 cu yd D20 43' -3.7' -4S' 178 sf l6l 174 SB.tr 0 cu yd D21 36' fi6' 45' 15101 135 16 600 37 cu yds 622 44' -30 AS' 19901 165 33 1080 98 w yd 023A 52' -1.0' AV 286 sf 195 9151 711Y 163 cu yds 0238 52' -1A' -4S' 286 sf 195 sf 91 D24 51' -25' -45' 242 191 51 sf 127.0 334 cu yds D25 13' -3.0' -4.5' 284 236 47 sf 70.0' 127 cu ds D26 65' S.4' -6A' 2,15 195 20 sf 6L0' 75 cu ds 027 63' -82' 8 CP 120 sf 126 -6 sf 11711 29 cu yds 3854" 4417 aryds 0 L fl i Only Seated Copies are Official Dredge Volumes for CAMA 4 S'MLW Bruce Marek, P.E. 5489 Eastwind Rd. Wilmington, NC 28403 Approximate Dredge Volume Calculations for Bennett Brothers Yachts, Inc./cape Fear Marina Location Di is at North End of Marina (Worth End of "U-Dock"}; 027 is at South End of Marina length is Distance between Measurement Locations Depth Measurement Date = 2/16/2009 ocation Apex Dist to -12.0' MLW From Dock Landward Side MLW Depth at Dock Landward Edge 2116/2009 Desired Depth at Dock INSD 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' -100 lO sf 10 Sf O sf 155.0' 0 cu yds 028 42' -0.5' -6.W 242 sf 126 sf f 116s 03 30` -0.3' -6-W 176 sf 90 sf 86 sf 60.0' 223 cu yds D4 37' 0.7' -60 235 sf 111 sf 124 sf 30.0' 116 cu yds DS 41' 0.0' -60 246 sf 123 sf 123 sf 96.0' 439 cu yds DSi 44' 0.0' -6.0' 264 sf 132 sf 132 sf 96.0' 453 cu yds D7 55' 0,0' 330 sf 165 sf 165 sf , 57.0' 314 cu yds D8 43' 0.0' 6.0 258 sf 129 sf 129 sf' 50.0' 272 cu yds D9 44' 0.0' 264 sf 132 sf 1320 32.0' 155 cu yds D10 45' 0.1' -6.0' 272 sf 135 sf 137 sf' 47.0' 234 cu yds D11 54' 0.1' -6.0' 327 sf 162 sf 165 sf 100.0' 559 cu yds D12 73' 0.0' -6.0` 438 sf 219 sf 219 sf 51.0' 362 cu yds D13 75' -0.2' -6.0' 443 sf 225 sf 218 sf' 46.0' 372 cu yds D14 83' -0.2' -6.0' 490 sf 249 sf 241 Sf 51.0' 433 du yds DIS 48' -1.5 -6.0' 2S2 sf 144 sf 108 sf mu 387 cu yds DIG 48' -1.9' -6:0' 242 sf 144 sf 98 sf 78.0' 298 cu yds D17 22' -3.5' -6.0' 94 sf 66 sf' 28 sf 63.0' 147 cu yds D18 37' -3.2' -6.0' 163 sf ill sf ' 52 sf 60.0' 88 cu yds D19 so' -5.2' -6.W 170 sf 150 sf 20S f 50.0' 66 cu yds D20 43' -3.7' -6.0' 178 sf 129 sf 49 sf S8.0' 75 cu yds 021 36' -3.6' 151 sf 108 sf 43 sf 60.0' 103 cu ds 022 44' -3.0' -6.0' 198 sf 132 sf 66 sf , 10810' 218 cu yds D23A 52' -1.0' -60 286 sf 1560 130 sf 71.0' 258 cu yds D238 52' -1.0' -6.0' 286 sf 156 sf 130 sf D24 51' -2.5` -6.0' 242 sf 153 sf 89 sf 127.0' 516 cis yds D25 63' -3.0' -6.0' 284 sf 189 sf 95 sf 70.0' 238 cu yds D26 6,' -Sat -6.0' 215 sf 195 sf 20 sf 61.0' 129 cu yds D27 63' -8.T 120 st 126 sf , -6 sf , 117.0' 29 cu yds sums _ 1854' 6485 cu yds Round-Up = 6500 cu yds Seake4 4-6-539 6ruce Marek, P.E. Nc #15684 y Only Sealed Copies are Clfficiai Dredge Volumes for CAMA 4-6-09