HomeMy WebLinkAbout20221204 Ver 1_Bennett Brothers Yachts, Inc. to OTH Realty, LLC #90-97 NH transfer_20220609ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
TO: Cameron Luck
Assistant Major Permits Coordinator
FROM: Robb Mairs
Minor Permits oordinator, WiRO
DATE: June 8, 2022
SUBJECT: Request for Transfer of State Permit No. 90-97, DWR No. 19961054, DEMLR
SW8976403, USACE SAW No. 199602652 and 2009-01242
Bennett Brothers Yachts, Inc. to OTH Realty, LLC
New Hanover County
Andy Dortch with Davey Resource Group Inc. and acting agent for OTH Realty, LLC, is requesting
transfer of State Permit No. 90-97, which was originally issued to Bennett Brothers Yachts, Inc.
on July 2, 1997, for the construction of an open water marina and associated boatyard facility
located within the Northeast Cape Fear River, in downtown Wilmington, NC. State Permit No. 90-
97 was last renewed on June 12, 2020, for the Maintenance-5 Clause for maintenance excavation
and is set to expire on December 31, 2025. The agent has provided a copy of the deed for the
new ownership with this request.
On June 2, 2022, Andy Dortch has submitted a transfer request and fee of $100 (check no.
2491dated: June 1, 2022) to our Wilmington Regional Office.
This office has no objections to the transfer of State Permit No. 90-97.
Enclosures
cc: WiRO File
Greg Currey, USACE-EC
Holley Snider, DWR-EC
Christine Hall, DEMLR-EC
£D_E
aae a rnwa...m wr� �/
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
DAVEY
Resource Group
June 3, 2022
TO: Robb Mairs
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Bennett Brothers Yachts, Inc. (CAMA Major 90-97, DWR SW8976403, Corps SAW-
199602652 & 2009-01242)
CAMA Permit Transfer Request
Robb,
Please find enclosed a CAMA Permit Transfer request for the Bennett Brothers Yachts, Inc. project
located adjacent to the Cape Fear River, Wilmington, New Hanover County, North Carolina.
Specifics of the proposed work involve transfer of CAMA Major 90-97, DWR SW8976403, and
Corps SAW-199602652 & 2009-01242 permits from Bennett Ventures, LLC to OTH Realty, LLC as
recorded in New Hanover County Register of Deeds Book 6326 Page 497, June 26, 2020.
Please let me know if you have any questions or need anything in addition to accept the request
as complete.
Sincerely,
1-1,01
vc«
JUN. 0 3 2022
William A Dortch
Davey Resource Group, Inc.
Enclosures: Agent Authorization; Deed and Existing Permits; 100$ Permit Transfer Fee Check
cc: Jason Ruegg; Connor Bennett
www.Imgroup.nct • infa,'rilmgroup.ne( • Phone: 91(1.452.0001 • Fax: 910.452.0060
3805 'Wrightsville Ave., Suite 15, Wilmington, NC 28403
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: OTH Realty LLC
Mailing Address: 232 Causeway Drive Units 1-3
Phone Number:
Email Address:
Wrightsville Beach, NC 28480
410-703-5329
jasonr@offthehooks.com
I certify that I have authorized Davey Resource Group, Inc.
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
installation of two floating docks,
necessary for the following proposed development:
forklift drop platform, and dry stack storage racks. and permit transfer
at my property located at 1701 N JEL WADE DRIVE
in New Hanover County.
Y
I furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
Jason Ruegg
Print or Type Narne
ec-( 5
Titleit
lY I 9 / d- 0 )-g-
Date
12 31 I2023
This certification is valid through l
JUN 0 3 202.2
Book 6326 Page 497
BK: RB 6326504 illllillll�llllllll�l�l�l�llllllllillll�
RGORD9o-2020024062
06-26-2020 NEW HANOVER COUNTY, NC
02:33:12 PM TAMMYTHEUSCH BEASLEY
BY: SAMANTHA SPEAKER REGISTER OF DEEDS
DEPUTY
NC FEE $26.00
STATE OF NC
REAL ESTATE
EXTX $6092.00
The Attorney Preparing this Instrument Made No Record Search or Title Examination as to the Property Herein
Described, Unless the Same is Shown by Their Written and Signed Certificate.
Tax Lot No,
Verified by County on the day of , 201.
Excise Stamps $ 6,092.00
Mail after recording to: C. York Law, PLLC, 2030 Eastwood Road #7, Wilmington, NC 28403
This instrument was prepared by: Hodges Coxe & Potter, LLP
3907-100 Wrightsville Avenue, Wilmington, NC 28403
Brief description for the Index: Approx. 11 Acres J.E.L. Wade Drive and 21 Boat Slips in Cape Fear Marina
NORTH CAROLINA SPECIAL WARRANTY DEED
THIS DEED, made this Duf day of JWt , 2020 by and between
GRANTOR
BENNETT VENTURES, LLC
a North Carolina limited liability company
GRANTEE
OTH REALTY, LLC
a North Carolina limited liability company
6317 Market Street
Wilmington, NC 28405
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall include the singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple all that
certain lot or parcel of land situated in New Hanover County, North Carolina, and more particularly described as
follows:
1
JUN 0 3 ZOZZ
Book 6326 Page 498
SEE ATTACHED EXHIBIT A AND EXHIBIT B, WHICH ARE ATTACHED TO THIS
DEED AND MADE A PART OF THIS DEED AS IF FULLY SET FORTH HEREIN.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging
to the Grantee in fee simple.
And Grantor hereby warrants that Grantor has done nothing to impair the title as received by Grantor and that Grantor
will forever warrant and defend the title against the lawful claims of all persons claiming by, through or under Grantor.
This conveyance is made subject to the following Exceptions and Reservations:
I. Easements and restrictions that appear of record.
2. Taxes due but not yet payable.
3. The terms of all applicable zoning, land use and planning ordinances, statutes and regulations.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this
instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by
authority of its Board of Directors, the day and year first above written.
/ /7'MPS* �/iI (SEAL)
pia
EAL STAMP NORTH CAROLINA
0 COUNTY
I, a Notary Public of the County and State aforesaid, certify that Patricia Bennett, Manager of Grantor, personally
appeared before me this day and acknowledged that she is duly authorized by the Grantor to act on Gra�tor's behalf,
and eji ,quted the foregoing instrument. Witness my hand and official stamp or seal, this Z..'"7 day of
J V v\Q , 2020.
My commission expires: a
ZL1
Notary Public
RACHEL M BENGE
NOTARY PUBLIC
NEW HANOVER COUNTY, NC
My Commission Expires 12-8-2024
JUN 03 2022
2
Book 6326 Page 499
EXHIBIT A
A certain tract or parcels of land lying and being in the City of Wilmington, New Hanover County,
North Carolina and being part of the that tract described in book 2221 page 874 and those tracts
described in book 5149 page 1618 and portions of previously public right of ways that have been
formally closed and being more particularly described as follows:
Tract A
Beginning at an iron on the westem right of way of North J.E.L. Wade Drive (66 ft. public right
of way), said point being located N 81-11-56 W 34.16 ft. from a concrete monument at the
intersection of the centerlines of said North J.E.L. Wade Drive and Compton Street (66 ft. public
right of way): Proceed from said point of beginning and leaving said right of way S 83-43-15 W
267.00 ft. to a point, thence S 13-06-19 W 52.77 ft. to a point, thence S 70-57-23 E 59.39 ft. to an
iron, thence S 38-06-24 E 57.57 ft. to an iron, thence S 53-16-04 W 59.33 ft. to an iron, thence N
36-50-35 W 45.00 ft. to an iron, thence S 10-48-08 W 249.64 ft. to an iron, thence S 04-33-13 W
40.11 ft. to an iron, thence S 14-27-37 E 108.45 ft. to an iron, thence S 16-35-04 W 125.54 ft.,
thence S 11-57-13 E 160.74 ft., thence S 32-19-31 W 99.24 ft., thence S 42-34-50 W 36.07 ft.,
thence S 03-42-56 E 64.79 ft., thence S 12-01-29 W 173.35 ft., thence S 40-50-57 W 109.54 ft.,
thence S 30-52-41 W 90.04 ft. to a point on the northern right of way of Bradley Street (66 ft.
public right of way), thence with said right of way S 51-04-33 E 191.83 ft. to a point northern right
of way of the Isabel Homes Bridge\North 3rd Street right of way (variable width public right of
way), thence with said right of way and with a curve to the left having a radius of 770.90 ft. a
chord N 62-24-57 E 231.66 ft. to an iron, thence with a curve to the right having a radius of 2296.58
ft a chord N 34-42-49 E 624.18 ft. to an iron at the intersection of the southern right of way of
Ashe Street (66 ft. public right of way), thence with said southern right of way S 83-48-52 W
181.57 ft. to an iron on the western right of way of Cornelius Harnett Drive (variable width public
right of way), thence with said western right of way N 12-49-02 E 69.85 ft to an iron, thence with
a curve to the right having a radius of 749 .20 ft. a chord N 17-06-50 E 42.53 ft. to an iron on the
western right of way of North J.E.L. Wade Drive, thence with said western right of way N 00-36-
50 E 292.75 ft. to an iron, thence N 06-08-17 W 66.00 ft. to an iron, thence N 06-16-45 W 372.13
ft. to the point of beginning and containing 10.92 acres.
Together with a Private Access and Use Easement recorded on condo plat 11 page 278-279 and
book 2523 page 543 and being more particularly described as follows: Beginning at a point in the
western line of the above described Tract A, said point is located S 58-29-18 W 355.16 ft. from a
concrete monument at the intersection of North J.E.L. Wade Drive and Compton Street: Proceed
from said point of beginning N 80-13-25 W 54.92 ft. thence S 11-22-01 W 11.60 ft. thence S 05-
52-50 W 112.83 ft., thence S 80-16-15 E 45.36 ft. to the westem line of the above Tract A, thence
with said western line N 10-48-08 E 124.14 ft. to the point of beginning.
Said tract is subject to a Private Access, Parking and Utility Easement recorded in book 2523
page 543 and being more particularly described as follows: Beginning at a point on the western
line of North J.E.L. Wade Drive and being S 06-16-45 E 38.38 ft. from the beginning point of the
above described Tract A: Proceed from said point of beginning S 83-43-15 W 40.94 ft., thence
with a curve to the left having a radius of 90.00 ft a chord S 44-19-13 W 114.25 ft. thence S 04-
55-12 W 48.54 ft., thence N 54-09-45 W 124.27 ft. thence S 38-06-24 E 57.57 ft., thence S 53-16-
j UNI a i NIT(
Book 6326 Page 500
04 W 59.33 ft., thence N 36-50-35 W 45.00 ft., thence S 10-48-08 W 171.04 ft., thence N 69-34-
50 E 195.99 ft., thence N 89-00-05 E 135.26 ft. to the western right of way of North J.E.L. Drive
thence with said western right of way N 06-16-45 W 30.13 ft. thence leaving said right of way S
89-00-05 W 87.26 ft., thence N 54-09-45 W 34.82 ft., thence N 04-55-12 E 66.51 ft., thence with
a curve to the right having a radius of 60.00 ft. a chord N 44-19-13 E 76.17 ft., thence N 83-43-15
E 40.94 ft. to a point on said western right of way of North J E L Wade Drive, thence with said
western right of way N 06-16-45 W 30.00 ft. to the point of beginning.
Said tract is also subject to a Public Utility Easement recorded at book 2559 page 45 and NCDOT
Permanent Drainage Easement and Slope Easements #1 and #2 recorded at book 3099 page 750.
Tract B
Beginning at a point at the intersection of the southem right of way of Bradley Street (66 ft. public
right of way) and the northern right of way of Isabel Homes Bridge\North 3rd Street right of way
(variable width public right of way): Proceed from said point of beginning and with said southern
right of way N 51-04-33 W 136.04 ft. thence leaving said right of way S 30-52-41 W 56.55 ft.,
thence S 25-03-06 W 62.29 ft. to a point on said northern right of way, thence with said northern
right of way and with a curve to the left having a radius of 770.90 ft. a chord N 83-06-18 E 162.41
ft. to the point of beginning and containing 0.20 acres.
TOGETHER WITH perpetual non-exclusive easements (i) for pedestrian access and the
installation, maintenance and restoration of utility services over, upon, under and across those
portions of Cape Fear Marina, a condominium, designated as "COMMON ELEMENT (DOCK)"
together with the right to access the "COMMON ELEMENT (DOCK)" by utilizing existing
walkways and ramps, as the same may be relocated from time to time, and (ii) for access across
the COMMON ELEMENT to and for the use of all facilities located within the Bath House of
Cape Fear Marina, A Condominium, as described in Deed of Easement recorded in Book 2523
at Page 556 of the New Hanover County Registry, reference to which is made for a more particular
description.
TOGETHER WITH the perpetual non-exclusive easements reserved in Deed recorded in Book
2627 at Page 200 of the New Hanover County Registry, reference to which is made for a more
particular description, for access and the installation, maintenance and restoration of utility
services over, upon, under and across the area and improvements designated as "COMMON
ELEMENT (DOCK)" as shown and designated on that certain map or plat entitled "CAPE FEAR
MARINA A CONDOMINIUM (MARINA UNITS P THROUGH T)", said map or plat being
recorded in Condominium Map Book 11 at Page 316, in the office of the Register of Deeds of
New Hanover County, reference to said map or plat being hereby made for a more particular
description of the area upon which the easements are reserved.
TOGETHER WITH nonexclusive perpetual easements reserved in the SIXTH AMENDMENT
TO THE DECLARATION OF CAPE FEAR MARINA, A CONDOMINIUM recorded on
October 20, 2005 in Book 4923 at Page 2740 in the New Hanover County Registry, reference to
which is made for more particular description, over, upon, across and within all Common
Elements, including but not limited to the Docks, shown and designated on map recorded in
Condominium Map Book 15 at Pages 80-81 of the New Hanover County Registry for (i) access
UN 0: ?0??
Book 6326 Page 501
and (ii) the mooring and docking of boats and other marine vessels in, within and to said Common
Elements.
TOGETHER WITH nonexclusive perpetual easements reserved in the SEVENTH
AMENDMENT TO THE DECLARATION OF CAPE FEAR MARINA, A CONDOMINIUM
recorded on April 9, 2007 in Book 5166 at Page 524 in the New Hanover County Registry,
reference to which is made for more particular description, over, upon, across and within all
Common Elements, including but not limited to the Docks, shown and designated on map recorded
in Condominium Map Book 17 at Pages 5-6 of the New Hanover County Registry for (i) access
and (ii) the mooring and docking of boats and other marine vessels in, within and to said Common
Elements.
JUNI O
Book 6326 Page 502
Exhibit B
Legal Description
Marina Unit F:
Being that certain condominium unit designated as Marina Unit F and all rights and interests
appurtenant thereto, as described in the Declaration of Cape Fear Marina, A Condominium,
recorded in Book 2559 at Page 1, as amended, in the office of the Register of Deeds of New
Hanover County (the "Declaration"), and as designated on the plans and plats entitled "CAPE
FEAR MARINA A CONDOMINIUM" incorporated by reference in Exhibit B of the Declaration
and recorded in Condominium Map Book 11 at Pages 278 through 279 in the office of the Register
of Deeds of New Hanover County, North Carolina, reference hereby being made to said
Declaration and the aforesaid plans and plats for a more particular description of Marina Unit F.
Marina Units 10, 12, 16, 20, 22, 23, 24, 33 and 34:
Being all those condominium units designated as Marina Units 10, 12, 16, 20, 22, 23, 24, 33 and
34 and all rights and interests appurtenant thereto, as described in the Declaration of Cape Fear
Marina, A Condominium, recorded in Book 2559 at Page 1, as amended (the "Declaration") and
being more particularly described in the Sixth Amendment to the Declaration of Cape Fear Marina,
A Condominium, recorded in Book 4923 at Page 2740 (the "Sixth Amendment"), and as
designated on the plans and plats entitled "CAPE FEAR MARINA A CONDOMINIUM (Marina
Units 5-6, 8-13, 15-20, 22-27 and 29-34)" incorporated by reference in Exhibit B of the Sixth
Amendment and recorded in Condominium Map Book 15 at Pages 80 through 81, all in the office
of the Register of Deeds of New Hanover County, North Carolina, reference hereby being made
to said Declaration, Sixth Amendment and the aforesaid plans and plats for a more particular
description of Marina Units 10, 12, 16, 20, 22, 23, 24, 33 and 34.
Marina Units 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45:
Being all those condominium units designated as Marina Units 35, 36, 37, 38, 39, 40, 41, 42, 43,
44 and 45 and all rights and interests appurtenant thereto, as described in the Declaration of Cape
Fear Marina, A Condominium, recorded in Book 2559 at Page 1, as amended (the "Declaration")
and being more particularly described in the Seventh Amendment to the Declaration of Cape Fear
Marina, A Condominium, recorded in Book 5166 at Page 524 (the "Seventh Amendment"), and
as designated on the plans and plats entitled "CAPE FEAR MARINA A CONDOMINIUM
(Marina Units 35-47)" incorporated by reference in Exhibit B of the Seventh Amendment and
recorded in Condominium Map Book 17 at Pages 5 through 7, all in the office of the Register of
Deeds of New Hanover County, North Carolina, reference hereby being made to said Declaration,
Seventh Amendment and the aforesaid plans and plats for a more particular description of Marina
Units 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45.
This conveyance is made subject to the rights of the public in the public trust waters and rights of
the State of North Carolina and the United States of America as would relate to the same.
JUN 03 20;
Book 6326 Page 503
For Informa
Marina Unit
Marina Unit
Marina Unit
Marina Unit
Marina Unit
Marina Unit
Marina Unit
Marina Unit
Marina Unit
Marina Unit
Marina Unit
Marina Unit
Marina Unit
Marina Unit
Marina Unit
Marina Unit
Marina Unit
Marina Unit
Marina Unit
Marina Unit
Marina Unit
tion Purposes Only:
F, Tax Parcel ID: R04805-001-002-006
10, Tax Parcel ID: R04805-001-002-032
12, Tax Parcel ID: R04805-001-002-034
16, Tax Parcel ID: R04805-001-002-037
20, Tax Parcel ID: R04805-001-002-041
22, Tax Parcel ID: R04805-00I-002-042
23, Tax Parcel ID: R04805-001-002-043
24, Tax Parcel ID: R04805-001-002-044
33, Tax Parcel ID: R04805-001-002-052
34, Tax Parcel ID: R04805-001-002-053
35, Tax Parcel ID: R04805-001-002-054
36, Tax Parcel ID: R04805-001-002-055
37, Tax Parcel ID: R04805-001-002-056
38, Tax Parcel ID: R04805-001-002-057
39, Tax Parcel ID: R04805-001-002-058
40, Tax Parcel ID: R04805-001-002-059
41, Tax Parcel ID: R04805-001-002-060
42, Tax Parcel ID: R04805-001-002-061
43, Tax Parcel ID: R04805-001-002-062
44, Tax Parcel ID: R04805-001-002-063
45, Tax Parcel ID: R04805-001-002-064
JUN 0 ;
Book 6326 Page 504
TAMMY THEUSCH
BEASLEY
Register of Deeds
New Hanover County
Register of Deeds
320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401
Telephone 910-798-4530 • Fax 910-798-7716
************************************************************************************************************
State of North Carolina, County of NEW HANOVER
Filed For Registration: 06/26/2020 02:33:12 PM
Book: RB 6326 Page: 497-504
8 PGS $6,118.00
Real Property $26.00
Excise Tax $6,092.00
Recorder: SAMANTHA SPEAKER
Document No: 2020024062
************************************************************************************************************
DO NOT REMOVE!
This certification sheet is a vital part of your recorded document. Please retain with original document and submit
when re-recording.
.JUN 0 3 u��'�.
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Permit Number
Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environment, Health & Natural Resources
and
Coastal Resources Commission
trmtt
90-97
F)CM WiLMINGTON, NC
ITC 22200G
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Bennett Brothers Yachts, Inc., 8118 Market Street, Wilmington, NC 28405
authorizing development. in
St. Bridge, in Wilmington requested in the pen ittee's application elated revised 6/17/97, letter revisions dated
New Hanover
County at Northeast Cape Fear River, immed. N. of 3rd
5/5/ and 6/18/97 and attached work plan drawings described in Condition #1.
This permit, issued on — 43- ~— t'1] , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the pennit to be null and void.
The project authorized herein must be carried out in strict compliance with work plan for upland
development dated 5/2/97, with dock alignment deleted by i)CM, and work plan for modified dock
layout, "Revised Slip Layout" dated 6/17/97.
2) This permit does not authorize excavation at the boat lift or any other excavation or filling in the
Northeast Cape Fear River and adjacent coastal wetlands.
• Docking Facility Construction
3) Prior to any construction of the docking facility, an Easement must be obtained from the State
Property Office, Department of Administration, telephone: 919/733-4346.
Attached sheet for Additional Conditions)
This permit action may be appealed by the pennittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the pennit expires on
December 31, 2000
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DEHNR and the
Chairman of the Coastal Resources Commission.
— -- Roger . 'chccter, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
JUN 0 3 2022
Signature of Pennittee
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Permit /190-97
Page 2of4
ADDITIONAL CONDITIONS
4) No (lockage, including pilings, may be placed closer than 112 feet to the near edge of the
Federally -maintained channel.
Archaeological Investigation
Relic Warf and Crib Structures
5) If these archaeological remains cannot be avoided during construction and thus, destruction or
disturbance is imminent, then the following requirements apply:
a) Wharf and crib structure. An archaeologist shall record the details of this
structure. Portions of the original backfill should be screened to determine
the date of construction. Archival research should be conducted to comple-
ment the archaeological findings.
b) Piling removal. Prior to the removal of any pilings, each shall be surveyed
and plotted on the project map.
c) If the permittee discovers any previously unknown historic or archaeological
remains while accomplishing the authorized work, he will immediately notify
DCM and the Wilmington District Engineer who will initiate the required State/
Federal coordination. Contact the Division of Archives and History at 919/
733-4763 for further consultation.
Upland Development
6) The Division of Water Quality approved the project proposal on June 23, 1997 under
Stormwater Management Permit No. SW8976403. Any violation of this SWMP will be
considered a violation of this CAMA permit.
NOTE: An Erosion and Sedimentation Control Plan will be required for this
project. This plan must be filed at least thirty (30) days prior to the
beginning of any land -disturbing activity. Submit this plan to the Dept.
of Environment, Health, and Natural Resources, Land Quality Section,
127 Cardinal Drive Extension, Wilmington, NC 28405-3845.
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ADDITIONAI, CONDITIONS
Permit 1190-97
Page 3 of 4
Ft E I \11= D
DOM WILMINO' ON, NC
NOTE• The project may he subject to a state NPDES Permit for industrial L1F (. 2 2 2006
activities pursuant to 40 CFR 122.26 (DWQ General Permit NCGS-
190000). Contact the Division of Water Quality at 919/395-3900.
NOTE: The Division of Water Quality approved the wetland fill aspect of this
project on February 7, 1997 under Water Quality Certification 0131.
NOTE• The permittee is advised to contact the New Hanover Mosquito Control
Office for consultation on the prevention of mosquito breeding on the
project property.
7) No wetlands will be filled on the permittee's tract, except that delineated in the planview dated
5/2/97.
Marina and Tacili y Operation
8) A Pre -Treatment Permit must be obtained from the City of Wilmington prior to initiating
construction. Contact the Wilmington Pre -Treatment Coordinator.
9) The washing of vessels, equipment, etc., shall be done in such a manner which will not result
in runoff of wash water into surface waters. All accumulated solids from the washing of boats
Hurst be collected and properly disposed of in keeping with local and/or state rules.
10) Prior to the occupancy of any slips authorized under this permit, the marina will install and
maintain for the life of the project a sewage pumpout facility to service boats with holding
tanks.
1 I) The marina will display a sign showing the location of the onsite pumpout facility, and other
appropriate waste disposal information, at the entrance and exit from the main piers.
12) No sewage, whether treated or untreated, shall be discharged at any time from boats using the
marina. Any sewage discharge at the marina shall be considered a violation of this permit for
which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
r
r
JUN kJ..
4
S
f
/
/
Permit Class
RENEWAL
Permit Number
90-97
STATE I E+ OF NOWIT1 CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
ECEIVIED
eL sC11114 DCM WILL NGFON, NC
for
X Major Development in an Area of Environmental Come :2' 2 2°116
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Bennett Brothers Yachts, Inc., 8118 Market Street, Wilmington, NC 28405
Authorizing (le'.eiUi—Anent in
New Hanover County at Normeast Cape Fear River, named. N. of
3rd St. Bridge in Wilnjj ton , as requested in the permittee's application dated. letter dated 7/31/00.
This permit, issued on September 11, 2000 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below_ Any violation of these terms may
he subject to tines, imprisonment or civil action; or may cause the permit to be null and void.
1) This permit renewal must be attached to the original of Permit No. 90-97, which issued on 7/2/97,
and all documents must be readily available on site when Division personnel inspect the project for
compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
This permit action may be appealed by the pennittee or
other qualified persons within twenty (20) days of the issuing
dale. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2002
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Ill a rgcnient Program -.. Signature of Permittee s,
o-cs-f,.o..o„ara.oxoxarono,s0awrs.xss oxo,goi oscsJcs>so vecsmarssa w>nacono
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Donoz✓(i'. Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
JUN 0
/
•
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
w.vrsaaaomm<-.ti ...,.„<.,..4. ,.,-ro->._h :a.-ffo_-rha_w.*e+ti+> ..ass: -a: .,rsae.c-....aooa..+.e-r,,,., err»t-xa.xa rc.:ao.,.a+.tNrrmd44...+fs 0..
Permit Class Permit Number
2" RENEWAL
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Ve
rmit
90-97
kit=CE lVE-.0
DCM WILMINC'l'ON, NC
DEC 2 2 20[J6
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Bennett Brothers Yachts, Inc., 1701 J.E.L. Wade Drive, Wilmington, NC 28401
Authorizing development in New Hanover County at Northeast Cape .Fear River, immed. N. of
3rd St. Bridge, in Wilmington , as requested in the permittee's application datefl letter dated 10/9/02,
This permit, issued on November IR, 2002 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) This renewal tr+ttq be attached to the original of Permit /190-97 which was issued on 7/2/97, the
amended renewal issued on 10/10/00, and all documents must be readily available on site when
Division personnel inspect the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
NOTE: Effective 8/1/00, the Coastal Shoreline AEC category was amended to include the Public Trust
Shoreline AEC. The permittee is advised that any future development within 30 feet of the mean
high water line may require additional permit authorization from the Division,
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2004
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
4 - c,.
Donna D. Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
4.2.2. {.X.+:inyPh i- ti1-:-:+ti'v' b}: i}.Wh\' S}?,24,,, 4,,K.Y}i. h`..2.4+09. ] :: 1 ti : `444' 2411?.ti'...ti-}:-yr'.-:t::i-}..W.}pYhhh2?,rti,,24.}4}Thh+.ti4Yh:M1TC
JUN 0 3 2022
Signature of Permiltee
.d-04}}AWi..4:-,:-'J.K }Xdd.1.,s.i
Permit Class
3rd RENEWAL
�1OpIFICA lION al1NOR
STATE OF NORTH CAROLINA
Department of Environment and Natural Rcs.t e
and
Coastal Resources Commission
ermit
Permit Number
90-97
i fl; ��1
� 7
A j ti 1
J4N262005
for c, DIVISION ar-
N Major Development in an Area of EnvilA Ptdtci1_CMANA
pursuant to NCGS 113A-118 C'Mi_h±
Excavation and/or filling pursuant to NCGS 113-229
issued to Bennett Brothers hachts, Inc., 1701 J.E.L. Wade Drive, Wilmington, NC 28401
Authorizing development in
New Hanover County at Northeast Cape Fear River, N. of 3"t St.
f3ridre A�'ilmineton as requested in the permittee's application elated letter dated 11 /9104,_
including attached workplan drawing dated 1 1 /9/04
This pcintit, issued on January 20, 2005 is subject to compliance with the application (where consistent with the
permit), all applicable regulations, :pedal conditions and notes set forth below. Any violation of these terns may be subject to fines,
imprisonment or civil action; or ntay cause the permit to be null and void.
1) This minor modification/renewal authorizes the following permit modifications to the previously
authorized marina, all as depicted in the attached workplan drawing:
a, A rearrangement of the floating clock configuration,
b. A reduction in the number of slips from 59 to 57, and
c. A reduction in the number of dock pilings from 82 to 58,
2) All work authorized by this minor modification/renewal must be done within the previously authorized marina
footprint.
3) This renewal must be attached to the original of Permit No. 90-97, which was issued on 712/97, as well as all
subsequent renewals and modifications, and copies of all documents must be readily available on site when a
Division representative inspects the project for compliance.
1) All conditions and stipulations of the active permit remain in force under this minor moditicationlrenewal
unless specifically altered herein.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project nvdilication not covered
hereunder requires further Division approval.
:AII work oust cease when the permit expires on
December 31, 200E
In issuing this permit, the State of North Carolina agrees
Mai your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and tit
Chairman of the Coastal Resources C:ontntission.
n
This pcnni
j J Charles S. Jones, Director
Division of Coastal Management
nd its conditions are hereby accepted.
JUThj 0
Signature of Perntinee
Love
mit Class
{ rla1 RENEWAL
MODIFICATION/MINOR STATE OF NORTH CAROLItNA
Department of Environment and Natural Resources
and
Coastal Resources Commission
emit
.x.'
9C-97
NEC!:.IVL-I)
!)CNA VV11.1,4lNG1'UN, NC
IM ll h Y. 1 ? 11117
for
X Major Development in an Area of Cinvironmental Concern
pursuant to NCGS 113A-I 18
Excavation tol/or filling pursuant to NCGS 113-229
Issued to Bennett Brothers Yachts; Inc., 1701 J.E.L. Wade Drive, Wilmington, NC 28401
t Authorizing development in New l lanover Count at Northeast Cape Fear River, N. of 3`a SI. ---
Bridge Wilmington , as requested in the permittee's letter dated 12/13/06 including the
attached workplan drawings (6). all dated "Received Wilmington 12/22/06".
This permit, issued on March 19, 2007 is subject to compliance with the application (where consistent
With the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action: or may cause the permit to he null and void.
Marina Expansion
I) finless specifically altered herein, this minor modification/renewal authorizes the two 6 1). x •15 t.
floating docks to be installed parallel to the shoreline. and the two 10 ft. s 70 R. floating dodo to he
installed one on each side of the existing travel lift, all as expressly and specifically set forth in the
attacked letter and workplan drawings. No other structure, whether floating or stationary. shall become
a permanent part of this marina expansion without permit modification. No non -water dependent uses
of structures shall be conducted on, in or over public trust waters without permit modification.
(See attached sheets for Additional Conditions)
This permit action may he appeaetl by the prnnince or
other qualified persons within twenty (20) days of the issuing
dam. An appeal requires resohnion prier to work initiation or
continuance as the case may be.
This permit shall be accessible onsite to 1)eparnneni
personnel when the project is inspected for compliance.
Any maimen:une %cork or project modification not covered
hereunder requires further I )ivision approval.
All w, th shall cease when the pa mit expires on
December 31, 2008
In issuing this perms'. the State of N;+nh Cjrt'Ii:w aer�•
that your project 'vsat the NO11lt Car.tlin,1 Co:ut
Nl,umgement Program_
Signed by the authority ," the Secretary of DIINIt and thL
Chairman of the Coastal Resources Commission.
Clinic %. Jones, Director
Division of Coastal Management
This perms! and it' condition; an hereby :icecpL d
JUIN 03 r'2?;
Si natut,• (di Pcrmittee
DeurLCti B1'Oih(;rS Yachts, Inc
;
.ADD( IOivAT., CONDITION:
Spoil Disposal
?`: r.ni1 ,+ 90-E' i
I'a ge :`: rr.. 3
i1 C E. 1VF:T)
DCM111ti111..MINGTON,
gn at 2 2 2.00
12) All t:Xca\:tie(l shall t) (.'elnf►ned above mean lii'j 'Nebel' ltlti 'at?(14't'a:;.1 lli i',:4'lti art;' or
irregularly.flooded marsh behind adequate dikes or other retaining structures to pre\erlt spillover of
solids into ahy marsh or surrounding waters.
13) No spoil material is to he placed within 30 feet of the normal high water line.
General
14) The permittce understands and agrees that, if future operations by the United Stales requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in tlx:
. opinion of the Secretary of the Army or his authorized representative, said structure of work shall cause
unreasonable obstruction to free navigation of the navigable waters, the i :rnaittce shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or after the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against ti-'e United States or the state of North Carolina on account of any such
removal or alteration.
15) No open water areas outside the alignment depicted on the attached wot'kpl:n drawings shall be
excavated or filled, even temporarily.
16) This minor modification/renewal shall be attached to the original of Permit No. 90-97. which was issued
on 7/2/97, as well as all subsequent renewals and modification, and copies of all (loam -tents shall be
readily ;:vailahle on site when Division personnel inspect the project for compliance.
17) All conditions and stipulations of the active permit remain in force under this renewal. unless
specifically altered herein.
NOTE,: 'Phis minor modification/renewal does not eliminate the need to obtain any add it state,
federal or local permits, approvals or authorizations that may be rcquile'd.
NOTE: Future development of the pc'ulittcc's property may require a modification of this permit.
Contact a teprescntativc of the Division at (910) 796-7215 prior to the commencement of any
such activity for this determination. The permutes is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
JUN.
0 3 2022
Pamir Class
ShRENEWAL
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
4)ermtt
for
Y Nlajor Devel rprnent in an Area of Environmental Concern
pursuant to NCGS 113A- 1 18
Permit Number
90-97
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Bennett Brothers Yachts, Inc., 1701 J.E,L. Wade Drive, Wilmington, NC 28401
> Authorizing development in New Hanover County at Northeast Cape Fear River, N. of 3" Street
Bridge Wilmington , as requested in the permittec's letter dated 12/19aili
This permit, issued on _ hebtnatw 17 2009 _._ is subject to compliance with the application (when Consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terns may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
t r—
1) This renewal shall be attached to the original Permit No. 90-97, which was issued on 7/2/91, as well as
all subsequent modification, renewals and amendments, and copies of all documents shall be readily
available on site when Division personnel inspect the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
x
This permit action may be appealed by the perniiitee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be. r
�k7
This permit must be, accessible on -site to Department �/ j
personnel when the project is inspected for compliance. 1
James I Grcgson, Director
r
Any maintenance work or project modification not covered Division of Coastal Management.
hereunder requires further Division approval. 't
All work must cease when the permit expires on
December 31, 2010
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
This permit and its conditions are hereby accepted
JUN 0 ;
1
Signature of Pennine
Action ID: 199602652
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
State Permit No: 90-97 County: New Hanover
GENER.AI., PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Bennett Brothers Yachts, Inc.
Address: 1701 J.E.L. Wade Drive
Wilmington, NC 28401
Telephone No. 910-772-9277
Authorized Agent: u/a
Size and location of property (water body, road name/number, town, etc.): Site is adjacent to the Northeast Cape Fear
River, north of 3rd Street in !Wilmington, New IHanover County, North Carolina.
Description of projects area and activity: Construction of a yacht manufacturing and maintenance facility, including
a 52 slip marina, resulting in impacts to approximately 4.02 acres of open water and wetlands, adjacent to the
Northeast Cape Fear River immediately north of Third Street Bridge in Wilmington, New Hanover County, North
Carolina.
Applicable Law:
Authorization:
Permit Class:
® Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Regional. General Permit Number: 198000291
Nationwide Permit Number:
56 Renewal
MAR I i i'.(.lil'
slz WlIMlNGi
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation oldie attached conditions or deviation from your submitted plans may subject the
pennittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 395-3900.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact David Tlmpy at (9101 251-4634.
Corps Regulatory Official
kwiP
Expiration Date of Verification: 12/31/2010
Date: 03/18/2009
,II JN 0 3 2022
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit hittifiwww.saw.usace.armv.inillWETLANDS/inclex.html to
complete the survey online.
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. ® There are Navigable Waters of the United States within the above described project arca subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this detennination may be relied upon for a period not to exceed five years from the date of this
notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued _ Action ID _
Basis of Jurisdictional Determination: The site exhibits water bodies with fln Ordinary high Water Mark and are contiguous
with the Northeast Cape Fear River, a Navigable Water of the United States.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA fonn to the South Atlantic Division, Division Office at the Following address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M 15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA fonn, it m t be received at the above address by 5/18/2009.
**It is not necessary to submit an jA forme Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date 03/18/2009
Copy Furnished:
Chief, Source Data Unit
NOAA/National Ocean Survey
ATTN: Sharon Tear N/CS261
1315 East-West Hwy., Rm. 7316
Silver Spring, MD 20910-3282
Mr, Doug Huggett
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Mr. Steve Everhart
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
,j�lN O ; /i
Action ID Number: 1996-02652 County: New Hanover
Pcrmittee: Bennett Brothers Yachts, Inc.
Date Verification Issued: 03/18/2009
Project Manager: David Tinley
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
69 DARLINGTON AVE
'WILMINGTON, NORTH CAROLINA 28403
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Pcrmittee Date
JUN. 0 3 2022
Permit Class
MODIFICATION/\IAJOR
(by CRC Variance)
UA ' LE/
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
crmtt
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X , Excavation and/or filling pursuant to NCGS 113-229
Issued to Bennett Brothers Yachts, inc., 1701 J.E.L. Wade Drive. Wilmington, NC 28401.
Permit Number
90-97
Authorizing development in New Hanover County adj. Northeast Cape Fear River, north of
Holmes Brides Wilmington . as requested in the permittee's application dated A/6/09s including the
attached workplan drawings (3), C1-C3, all dated revised 6/10/09
This permit, issued on July 13, 2010 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and o'
Excavation
Jul 1 (1 2010
I ) In order to protect juvenile shrimp and linfish populations, no excavation-sbail be permitted between
April I" and September 30th of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
2) Excavation shall not exceed -4.5' below the mean low water level at the landward side of the main
docks. with the depth of excavation gradually increasing to -12' below the mean low water level at the
outer edge of the authorized dredge limits. In no case shall the depth of excavation exceed the depth of
connecting waters.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may he.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
Ail work must cease when the permit expire' on` pIC
15i rstA
June 20, 2014
In issuing this permit, the Slate of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of tile Coastal Resources Commission.
1 „4-41
James H. Gregson, Director
Division of Coastal Management
This permit and its cuuditiohS 4Ic;hercl#y 3gcc tc iz- .
�. JUN 0 3 ?02
6 j h 20ii1
Pcintittee
Y•^+•-'Yid+'-0->+`Y>4LtCo-e i•.`Yi,YtrN4.sOh�hYr Yr.•?}??rt:-:44iC•0.5f c:,4.» -.. ..-\:Jt-::-i' ,:��'�'-.wi.}:.;.ti) % T.-7--?< 4.: 44 - -Y -4O C a 4• -r'r'.54242a�•s...:. �: nv+-.-s-o-rYmK-.:v .•.: r.`y
Bennett Brothers Yachts, Inc.
ADDITIONAL, CONDITIONS
Archaeological Resource Protection
Permit t 90-97
Page 3 of 4
11) According to the N.C. Department of Cultural Resources (NCDCR), just offshore of the Bennett
Brother's Yachts Marina, and adjacent to the toe of the underlying embankment, an object suggesting the
remains of a vessel 28' in width by 106' in length was discovered during a remote sensing survey of the
Wilmington waterfront. Prior to the initiation of the excavation activities authorized by this Major
Modification, the perrnittee shall, in coordination with the NCDCR, implement an assessment to
determine the significance and susceptibility of the object to damage as a result of the authorized
excavation activities. The assessment shall be carried out by an experienced nautical archaeologist.
Contact the NCDCR at (919) 807-6579 for more information on this matter.
General
12) The permittce understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the perrnittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
13) No vegetated wetlands shall he excavated or filled, even temporarily.
14) The perrnittee and/or his contractor shall meet on site with a representative of the Division prior to
project initiation.
15) This Major Modification shall be attached to the original of Permit No. 90-97, which was issued on
7/2/97, as well as all subsequent modifications, renewals and refinements, and copies of all documents
shall be readily available on site when a Division representative inspects the project for compliance.
16) All conditions and stipulations of the active permit remain in force under this Major Modification unless
specifically altered herein.
NO'1'E: Additional authorization shall be required from the Division of Coastal Management should the
permitter wish to pursue the mitigation option offered as a component of the variance request
submitted to the Coastal Resources Commission
NOTE; The expiration date of this permit has been extended in accordance with Session Law 2009-406.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or top 40300.
approvals or authorizations that may be required, including but not limited :to a,\Ot.er Quality
Certification from the Division of Water Quality or any required authorizations from the U.S.
Army Corps of Engineers.
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Permit Class
MODIFICATION/MINOR
SPATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
90-97
Issued to Bennett Brothers Yachts, Inc., 1701 J.E.L. Wade Drive, Wilmington, NC 28401
Authorizing development in New Hanover County adi. Northeast Cape Fear River, north of
Holmes Bridge, Wilmington
as requested in the permittee's letter dated 3/5/13, including the
attached workplan drawings (2) 1 dated 3/5/13 and I dated 5/15/09
This permit, issued on March 12, 2013 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, this minor modification authorizes the change in the location of the
spoil disposal area, all as expressly and specifically set forth in the attached workplan drawings.
2) This minor modification shall be attached to the original of Permit No. 90-97, which was issued on
7/2/97, as well as all subsequent modifications, refinements and renewals, and copies of all
documents shall be readily available on site when Division personnel inspect the project for
compliance.
All conditions and stipulations of the active permit remain in force under this minor modification
unless specifically altered herein.
(See attached sheets for additional conditions)
This pennit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date, An appeal requires resolution prior to work initiation or
continuance as the case may be.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
er
This permit must be accessible on -site to Department $YMCA. f / �� �/
personnel when the project is inspected for compliance. c-- ' / //%-�ff %O l
Braxton C'. Davis, Director
Any maintenance work or project modification not covered / Division of Coastal Management
hereunder requires further Division approval. 1
All work must cease when the permit ez'pi es on 4
December 31, 2014 f �23i 1 ' 11],
fir/ [.
In issuing this permit, the State of North CaroR'ra agrees
that your project is consistent with the North Carolina Coastal
Management Program.
This permit and its conditions are hereby accepted.
1IECEIVE 1)
QCM WILMINGTON, NC
MAP 1 3 t013
JUG 0
Signature of Permittee
Bennett Brothers Yachts, Inc.
ADDTTIONAL CONDITIONS
Excavation
No Coastal Wetlands shall be excavated or tilled, even temporarily.
In order to prevent leakage, dredge pipes shall be routinely inspected. if leakage is found and repairs
cannot be made immediately, pumping of material shall stop until such leaks are fixed.
Permit #90-97
Page 2 of 3
NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at (910) 815-4895, ext. 108
to discuss operations and appropriate lighting, markers, etc. for all dredge equipment.
Spoil Disposal
All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters,
The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond
the normal low water level to prevent gully erosion and unnecessary siltation.
The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike
and a maximum distance from spillways to allow settlement of suspended sediments.
9) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
10) The diked disposal arca shall be constricted a sufficient distance from the normal high water level or
any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
11) No spoil material shall be placed within 30 feet of the normal high water line.
12) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan may be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405
13) in order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.), )UN (I ijr.t`-i EEC Ei I V In k7
DCM WII MINGTON, NC
..: 4 4 i'::+:-:-v,.}}:-}::+:+4-4?Md^C�}C'.'-: C+N4N4PMh:0-04': 1-H-t3-:?9tri .44i-T'Y:K-.'-P#OPfSMi}.W:-X- ' T7M94'n !}:KS9C44-14hti :K'1?: 3-ri4i-745 +t0-04tfJiUfA??C44MIKK1.1.hW . Q
Bennett Brothers Yachts, Inc.
ADDITIONAL CONDITIONS
Permit 00-97
Page 3 of 3
Maintenance Clause
15) The Division of Coastal Management will be notified in writing at least two (2) weeks in advance of any
maintenance work authorized by this permit and that notification include:
a, The number of the original permit
b. A statement that no dimensional changes are proposed
c. A copy of the original permit plan(s) with cross -hatching indicating the area to be
maintained and the area to be used for dredge spoil, and the estimated amount of material
to be removed.
d. The date of plan revision and the permittee's signature shown anew on the original plan
JUN 0 3 2022
F-tEEC :E1'VE0
DCM WILMING`I ON, NC
MAR 1 3 2013
•
i
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t Permit Class
GI' RENEWAL
STATE Ole NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
cr tt
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCOS 113-229
Issued to Bennett Brothers Yachts, Inc., 1701 J.E.L. Wade Drive, Wilmington, NC 28401
Authorizing development in New Hanover
13ridgc Wilmington
Permit Number
90-97
County at Northeast Cape Fear River, N. of 3rd Street
, as requested in the pernittee's letter dated
4/1/15
This permit, issued on June 9, 2015 is subject to compliance with the application (where consistent with the I
permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terns may be
subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) This renewal shall be attached to the original Permit No. 90-97, which was issued on 7/2/97, as well as
all subsequent modification, renewals, amendments, and extension letters, and copies of all documents
shall be readily available on site when Division personnel inspect the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
NOTE: A permit renewal application processing fee of$100 was received by DCM for this project.
I FIvrT)
I1CM WILMINGTON, NC
TUN 092015
This penult action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
dale.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
June 23, 2020
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Braxton C. Davis, Director
ivision of Coastal Management
This permit and its conditions are hereby accepted.
JUN i)
Signature of permittee
Bennett Brothers Yachts, Inc.,
3)
Permit #90-97
Page 2 of 2
Maintenance Clause
The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any
maintenance work authorized by this permit and that notification include:
A. The number of the original permit
13. A statement that no dimensional changes are proposed
C. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained
and the area to be used for dredge spoil, and the estimated amount of material to he removed.
D. The date of plan revision and the permittee's signature shown anew on the original plan
.3iN 0 °, '.
RECEIVED
DCM WILMINGTON, NO
JUN 0 9 201b
hermit Class
RENEWAL/
MAINTENANCE-5
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
1ermtt
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 1 13A-1 18
Excavation and/or filling pursuant to NCGS 113-229
Issued to Bennett Brothers Yachts, Inc., 1701 J.E.L. Wade Drive, Wilmington, NC 28401
Permit Number
90-97
Authorizing development in New Hanover County at Northeast Cape Fear River, N of 3"I Street Bridge,
Wilmington
, as requested in the permittee's application letter dated 4/27/20
This permit, issued on June 12, 2020 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terns may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
I) This Renewal shall be attached to the original of Permit No. 90-97, which was issued to the permittee
on 7/2/97, as well as all subsequent renewals, refinements and modifications, and copies of all
documents shall be readily available on site when a Division representative inspects the project for
compliance.
2) All conditions and stipulations of the active permit remain in force under this Renewal.
(See attached sheet for additional conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
June 23, 2025
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chait
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted. _
J U IN 1.
Signature of hennittee
Bennett Brothers Yachts, Inc. Permit No. 90-97
Page 2 of 2
,1:140orow.>.w<:-t»<uoeoo.�,2?..0u,<.<-1
ADDITIONAL CONDITIONS
Maintenance Clause
3) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
NOTE: The N.C. Division of Water Resources has assigned the proposed project DWIt Project No.
S W 8976403
NOTE: The U.S. Army Corp of Engineers has assigned the proposed project COE Action Id. No. SA W-
199602652 & 2009-01242
NOTE: A permit renewal application processing fee of $100 was received by DCM for this project.
JUN 0 Oi
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