19961054 Ver 2_Other Agency Comments_20110922

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
September 22, 2011
Regulatory Division
Action ID SAW-2009-01242 and State Permit No. 90-97.
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Dear Mr. Sechler:
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t aa,-L- - 3.01 1
Please reference the Bennett Brothers Yacht, Inc's application for a Department of the Army
(DA) permit to hydraulically dredge within the footprint of the existing marina at Bennett
Brothers Yachts, Inc, adjacent to the Cape Fear River, on the northeast side of the Isabella
Holmes Bridge, Wilmington, New Hanover County, North Carolina.
On July 26, 2010, we received a request from the applicant to re-activate its DA permit
application. This request reduces the proposed dredge depths from -6.0 ft MLW to -4.5 ft MLW
and the respective dredge volumes from 6,700 cy to 4,400 cy. This request also includes a
compensatory mitigation proposal consisting of the placement of approximately 25 tons of class
B riprap at the northern end of the project site. The Corps of Engineers issued a public notice on
May 10, 2011 to solicit public comments on this request. All public notice comments submitted
by the state and federal resource agencies on this proposal expressed concern that the proposed
project would result in significant adverse impacts to fishery resources. Moreover, all the
resource agencies recommend denial of the DA permit. On July 23, 2011, the applicant
responded to the objectionable state and federal resource agency comments on our public notice.
We have thoroughly reviewed the resource agency comments and the applicant's responses to
these comments. The Corps of Engineers concur with the resource agencies that the applicant's
initial mitigation proposal does not adequately address the concerns expressed by the state and
federal resource agencies regarding the potential significant adverse impacts to fishery resources.
On September 20, 2011, the applicant submitted an "Amended" mitigation plan in order to
resolve these concerns (copy attached). Please review the applicant's amended mitigation
proposal and provide your comments and concerns to the Corps on or before October 20, 2011.
V
-2-
Thank you for your time and cooperation. I can be reached at [phone].
Sincerely,
Dave Timpy
Project Manager
Enclosure
Copy Furnished (without enclosure):
Bruce Marek, PE
5489 Eastwind Road
Wilmington, North Carolina 28403
Copies Furnished (with enclosure)
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Ms. Karen Higgins
Division of Environmental Management
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Ronald J. Mikulak, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
-3-
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
101 Pivers Island
Beaufort, North Carolina 28516
Ms. Rennee Gledhill Earley
North Carolina Department of Cultural
Resources
State Historic Preservation Office
4617 Mail Service Center
Raleigh, North Carolina 27699
Rob Mairs
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Molly Ellwood
Southeastern Permit Coordinator
NCWRC/Habitat Conservation Program
127 Cardinal Drive
Wilmington, North Carolina 28405
Ms. Anne Deaton
Division of Marine Fisheries
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Jessi Baker
Division of Marine Fisheries
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28403
Ms. Deborah Wilson
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
BRUCE MAREK, P.E.
5489 Eastwind Rd
Wilmington, NC 28403
marckN d a cc. mcoin 910-799-9245
By E-Mail: September 19, 2011
Mr. Dave Timpy, U.S. Army Corps of Engineers, Wilmington, NC
Ms. Cyndi Karoly, Division of Water Quality, Raleigh, NC
Mr. Jim Gregson, Mr. Chad Coburn Division of Water Quality, Wilmington, NC
Mr. Fritz Rodie, Mr. Ron Sechlor, Mr. Miles Croom, NMF
Ms. Jessi Baker, Ms Anne Deaton, Dr. Louis Daniel, Mr. Rich Carpenter DMF
Mr. Pete Benjamin, Mr. Mark Bowers USFWS
Ms. Molly Ellwood, WRC Wilmington
Mr. Robb Mairs, DCM Wilmington
Re: Amended Mitigation Proposal: Bennett Brothers Yachts, Inc./Cape Fear Marina
Per NC DWQ Water 401 Quality Certification #3131, dated July 11, 2011, Condition #2;
SAW 2009-01242
On behalf of Mrs. Patricia Bennett and Bennett Brothers Yachts, Inc., I am submitting this
amended mitigation proposal to remove DWQ 401 Certification condition #2 that
indicated additional mitigation was necessary for our planned 1.85 acres of open water
dredging disturbance. Likewise, I am submitting this simultaneously to the commenting
agencies listed above in order to hopefully obtain clearance for our Federal Individual
404 Permit for Bennett Brothers Yachts, Inc/Cape Fear Marina, 1701 J.E.L. Wade Drive,
Wilmington, NC.
Attached pdf color drawing Bennett Brothers Yachts MIT-1, seal dated 9-19-11,
illustrates the proposed mitigation area increased to1.85 acres of marsh grass
plantings/enhancement to the tidally flooded shallow bottom area landward of the south
main docks from the initially proposed 2000 plantings. At an average spacing of 18" on
center, the new quantity equates to 36,000 marsh grass plantings. Assuming a 90%
success rate, our offer is to plant 40,000 plantings over a two year period, plus any
additional as needed, if the success rate is less than 90%. Typical native species found
on the site include smooth cordgrass, big cordgrass, cattails and sawgrass. Seeds are
being/will be harvested as per appropriate time fame for preferred use for the mitigation.
The plantings area is in the 3.2 acre acres of shallow bottom open water that is landward
of the southern main docks. The vegetation line location to achieve the 1.85 acres is a
perpendicular distance of 45' off of the centerline of the landward piles of the portion of
the southern main dock, from landward side pile S7 to S14. This parallel to the main dock
line then tapers outward to the intersection of the current marsh line at pile S17. Typical
species found on the site include smooth cordgrass, big cordgrass, cattails and sawgrass.
In formulating our amended mitigation proposal, I have had conversations with Steve
Mercer of Coastal Transplants and Dr. Mike Mallin of the UNCW Center for Marine
Sciences. Jim Gregson and Chad Coburn of DWQ have made a low tide site visit.
9-19-11 Bennett Brothers Yachts Mitigation Amendment - Bruce Marek, P.E. Page 1
I have considered alternate solutions of root wad/root mass shoreline stabilization per
NC Stream Notes Vol. 1 Number 1 that provides additional fish habitat. However, with
our closeness to the navigation channel and the Isabelle Holmes Bridge, and the seasonal
tropical storm/hurricane risk of river flooding, root was/root mass could pose a
navigation risk or get caught in the bridge approach.
And while the Coastal Habitat Protection Plan for the North Carolina Coast (page 6)
encourages marsh toe revetments (a.k.a. rprap at the waterward toe of the marsh) for
estuarine shoreline stabilization, I am rescinding our previous offer of 25 tons of Class B
Riprap at the northern end of the marina site. I still believe that that method is
engineeringly valid, and can possibly extend the time period(s) between maintenance
dredging. Asa separate issue from mitigation we will try to do either a co-operative
effort with the City of Wilmington Sweeney Water Treatment Plant to place rip-rap as
energy dissipation/ dispersion media at its 18" outfall pipe, or to place rip-rap at the
existing escarpment at BBY under general or repair exemption permits.
According to Mr. Mercer of Coastal Transplants, typical planting schedules are between 1'
to 2' on center. 18" o.c. is a desirable spacing in that it is not so dense that the plants get
trampled during installation, second year planting, or during monitoring. He appreciated
our already stated 2 year approach and the intended use of native plantings at the time
that the plantings are best suited/ready to be planted. This typically is a mid to late
Spring time frame.
Hoping that the economy will be better for the boat business by next Spring (2012), we
will try to plant a minimum of 25,000 plants rather than the half amount of 20,000, to be
verified by shipping receipts. The second year planting to be the balance to reach 40,000,
plus any excess needed if less than 90% success rate was achieved.
To keep the natural look of the marina, the 18" on center each way is only referenced as a
measure of quantity, and not to be taken as straight, perfectly even spaced rows, one sprig
perfectly spaced from the next. Mr. Mercer recommends groupings of certain species in
clusters of up to about 500 plants, in random pockets, and then the more linear spaced
plants in between. We have not yet finalized whether we work from the 45' offset line
from the center of the landward side piles landward towards the existing marsh, or to
start from the marsh outward, with the first year plants and then the balance the second
planting season. A 4'x4' "hollow square" with 3" interior perimeter template will be used
verify a planting density of 6 to 7 plants per setting after the second year planting.
I have identified the southern landward side of the main docks with alpha-numeric
designations S1 starting at the bottom of the ramp and with S18 closest to the Isabelle
Holmes Bridge. This will make for easily monitoring the marsh grass establishment from
established conditions labeled on the drawing. Dimensions, taken by laser distance
measurer or by tape can be recorded on copies of the drawing at periodic intervals.
9-19-11 Bennett Brothers Yachts Mitigation Amendment - Bruce Marek, P.E. Page 2
My suggestion is for three times a year monitoring, based on no expected growth in the
winter quarter. A March-April; May-June; and a September-October recording is
proposed. It is our intent to synchronize these with DWQ to meet the requirements of the
performance bond.
Google Earth downloads can be used to verify the mitigation and its success. They appear
to update satellite images yearly, usually over the winter when there is less foliage. This
can be done yearly, and pictures put into the file(s) for reporting to DWQ and CAMA. A
note to those from outside of the Wilmington area, the Bennett Brothers site is less than a
15 minute drive from either the Army Corps of Engineers on Darlington or DWQ on
Cardinal Drive Extension, and site visits are welcome.
The ratio of proposed mitigated area to disturbed area is 1:1 based on our minimized
footprint from the landward side of the main docks out to the -11' MLW contour. CAMA
had approved us for a larger area to the -12' MLW contour. Our dredge volume has also
been minimized, to slightly under 4000 cubic yards (3942 per permit application). 4000
cubic yards is not much based on the approximate 1900' length of river frontage. Using
an 8" hydraulic dredge, at a rate of 40 cubic yards per hour based on volume rates further
downstream at Deep Point Marina in Southport, the amount of dredging is less than 100
hours. Less if a larger dredge is used.
Drawing MIT-2 indicates a typical scheme for sediment screening placement, showing
examples at a perpendicular to the river slip and a parallel to the river slip. The curtain
or curtains can be set and then appropriately moved as the work progresses, and as
vessels are shifted in the slips. We have yet to place the project out for bid, but will make
MIT-2 part the sediment curtain or other Best Management Practices in the bid package.
Final details will be worked out with the Wilmington Regional DWQ field agent once we
have a selected dredge firm.
We hope that our much increased mitigation efforts are acceptable to bring closure to the
permit portion of the project and allow us to move forward with dredging before the next
yearly moratorium period between April 1 in September 30. Bennett Brothers
Yachts/Cape Fear Marina as a Clean Marina has always tried to be a good steward to the
environment. The site is much improved over the dilapidated old timber wharves,
bulkheads and submerged riverwood that existed from this pre-Civil War Lumber Yard.
The 106'x28' steel barge no longer sits rusting away at appx slips J-N. Holding tank
pump-out is available in-slip at all of the slips. During the Public Notice, there were 18
positive responses in favor of the dredging to COE, and no negative public responses. And
the site once again proved to be a great hurricane hole and haul-out during
Tropical Storm Irene. 'AO41Nq
P q'''??? l 11
Drawings are formatted for 8 Y7" x 11" per COE standard. Cq;(# kJo ted hard-t optes at
u? =
11"x17" available on request. = 0S
Cr.
Bruce Marek, P.E. ? V. e.,
For Patricia D. Bennett, President • •'• ENb? ?'`?
Bennett Brothers Yachts Inc. '9%CE 10011111010, 9-19-11 Bennett Brothers Yachts Mitigation Amendment - Bruce Marek, P.E. Page 3

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