20221204 Ver 1_Combined 2009-01242 Re-issuance Transfer Modification OTH Realty Cape Fear Marina.docx_20221222

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
December 21, 2022
Regulatory Division
Action ID No. SAW-2009-01242 and State Permit No. 90-97
OTH Realty, LLC
Attn: Jason Ruegg
232 Causeway Drive, Suites 1-3
Wrightsville Beach, North Carolina 28480
Dear Mr. Ruegg:
Through coordination with the North Carolina Division of Coastal Management, we have
learned of your request to re -issue, transfer the permittee and modify the work associated with
your Department of the Army (DA) permit issued on April 3, 2013, which originally authorized
dredging within the Cape Fear Marina located immediately north of the Isabella Holmes Bridge,
adjacent to the Northeast Cape Fear River, Wilmington, New Hanover County, North Carolina.
The permit is hereby re -issued and transferred from Bennett Brothers Yachts, Inc. to OTH
Realty, LLC.
Excavation will include approximately 4400 cubic yards of material from 1.85 acres 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 -12.0 MLW at the outer edge of proposed dredging limits. The dredged
material will be disposed onto a high ground area located on the site.
The permit is also being modified to install two floating docks and a forklift drop platform,
increasing the wet slip count from 52 to 56. The proposal is to install a 67 feet long by 14.75 feet
wide fixed concrete forklift drop platform. The platform will tie into the existing concrete
abutment and extend approximately 20 feet into the Northeast Cape Fear River. The platform
will extend over approximately 18 square feet of coastal wetlands and approximately 72 square
feet of freshwater 404-type wetlands. In the area where the platform extends over coastal and
404- type wetlands, it will be located approximately 12 feet above the substrate.
A further proposal is to construct two floating docks to create four transient slips.
Immediately south of the proposed forklift drop platform will be a 17 feet long by 6 feet wide
concrete abutment and access stairs leading to a 45 feet long by 5 feet wide gangway that will
slope down to a 60 feet long by 6 feet wide floating dock. The floating dock will create two
transient slips on the south side of the proposed floating dock. To the north of the existing travel
lift, there will be a 9 feet long by 8 feet wide concrete abutment and an 80 feet long by 5 feet

-2-
wide gangway leading to a 58 feet long by 8 feet floating dock, creating two additional transient
slips. The proposed floating docks and forklift drop platform will cover and shade approximately
1,340 square feet of Estuarine Waters of the US and will cover and shade approximately 18
square feet of coastal wetlands and approximately 72 square feet of freshwater 404-type
wetlands.
Your proposal continues to be consistent with the provisions and objectives of the
Standard Department of the Army Permit issued on April 3, 2013. The permit is hereby re-
issued, modified and transferred from Bennett Brothers Yachts, Inc. to OTH Realty, LLC. The
new expiration date of your DA permit is December 31, 2026.
Questions or comments may be addressed to Greg Currey, Wilmington Field Office,
Regulatory Branch, at [e-mail] or at [phone].
Sincerely,
Gregory
Currey
Greg Currey
Regulatory Project Manager
Enclosures:
Manatee Guidelines
Plans
Copies furnished by email:
NOAA/NMFS; Mr. Fritz Rhode/Ms. Twyla Cheatwood
NOAA/NMFS; Dr. Pace Wilber
NCDEQ/DCM; Mr. Jonathan Howell
NCDEQ/DCM; Ms. Tara McPherson
NCDEQ/DWR; Ms. Holley Snider
NCDEQ/DCM; Mr. Cameron Luck
NCDEQ/DCM; Mr. Bryan Hall
NCDEQ/DCM; Ms. Amanda Cannon
USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews
USEPA; Mr. Todd Allen Bowers
USCG; BOSN3 Mr. Ryan Doody
Davey Resource Group; Mr. Greg Finch
Digitally signed by
Gregory Currey
Date: 2022.12.22
14:12:02 -05'00'

-3-
Special Conditions
1. All work authorized by this permit must be performed in strict compliance with the
submitted plans, dated September 13, 1996, December 1, 2021 and June 27, 2022, which
are a part of this permit. Any modification to these plans must be approved by the US
Army Corps of Engineers (USACE) prior to implementation.
2. Except as authorized by this permit or any USACE approved modification to this permit,
no dredge, fill, or mechanized land -clearing activities shall take place at any time in the
construction or maintenance of this project within waters outside the designated permitted
boundary. This permit does not authorize temporary placement or double handling of
excavated or fill material within waters outside the permitted area.
3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or maintenance of
this project, in such a manner as to impair normal flows and circulation patterns within
waters or wetlands or to reduce the reach of waters or wetlands.
4. The permittee shall advise the Corps in writing prior to beginning the work authorized by
this permit and again upon completion of the work authorized by this permit.
5. Work in wetlands is prohibited during the dredging, material disposal, or any other aspects
of work associated with this project. All dredged material must be deposited on high
ground.
6. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this permit. A copy of this permit, including all
conditions, shall be available at the project site during construction and maintenance of
this project.
7. The permittee shall remove all sediment and erosion control measures placed in waters of
the US prior to project completion.
8. The permittee shall take measures to prevent live or fresh concrete, including bags of
uncured concrete, from coming into contact with any water in or entering into waters of
the United States. Water inside coffer dams or casings that has been in contact with
concrete shall only be returned to waters of the United States when it no longer poses a
threat to aquatic organisms (concrete is set and cured).
9. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt
fencing or similar appropriate devices around all areas subject to soil disturbance or the

-4-
movement of earthen fill, and the immediate stabilization of all disturbed areas.
Additionally, the project must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973.
10. The activity must be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such
that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout
waters by the North Carolina Division of Environmental Management (NCDEM), 25
NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less
in trout waters, are not considered significant.
11. In order to protect anadromous fish, no excavation or filling activities will be permitted
between the dates of February 15th and June 30th without the prior approval of the Corps
of Engineers.
12. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
permittee must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and
strictly adhere to all requirements therein. The guidelines can be found at
http://www.fws.govinc-s/mammal/manatee_guidelines.pdf.
13. All applicable conditions of the 2020 South Atlantic Regional Biological Opinion for
Dredging and Material Placement Activities in the Southeast United States must be
followed.
14. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other
toxic materials. In the event of a spill of petroleum products or any other hazardous waste,
the permittee shall immediately report it to the N.C. Division of Water Resources at (919)
733-5083, Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution
and Hazardous Substances Control Act will be followed.
15. All excavated materials will be confined landward of the mean high water (MHW)
elevation contour and any regularly or irregularly flooded vegetated wetlands within
adequate dikes or other retaining structures to prevent spillover of solids into any
vegetated wetlands or surrounding waters.
16. Prior to any dredging events, the applicant must submit to the Corps of Engineers a
location and plan for a dredged material disposal site.
17. The final dredging or excavation depth will not exceed -12.0 ft below mean low water
(MLW).
18. The permittee will monitor the pipeline during construction activities, in order to check for
potential leaks, which may emanate from the pipeline couplings. All dredge and fill
activities will cease if leaks are found. Operations may resume upon appropriate repair of
affected couplings, or other equipment.

-5-
19. This permit does not authorize the interference with any existing or proposed Federal
project, and the Permittee will not be entitled to compensation for damage or injury to the
authorized structure or work which may be caused from existing or future operations
undertaken by the United States in the public interest.
20. No attempt will be made by the Permittee to prevent the full and free use by the public of
all navigable waters at or adjacent to the authorized work. Use of the permitted activity
must not interfere with the public's right to free navigation on all navigable waters of the
United States.
21. The Permittee must install and maintain, at its expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on all authorized
facilities constructed within navigable waters of the United States.
22. It is possible that the authorized structure may be damaged by wavewash from passing
vessels. The issuance of this permit does not relieve the Permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats and
barges. The Permittee will not hold the United States liable for any such damage.
23. A representative of the Corps of Engineers will periodically and randomly inspect the
work for compliance with these conditions. Deviations from these procedures may result
in an administrative financial penalty and/or directive to cease work until the problem is
resolved to the satisfaction of the Corps.
24. All reports, documentation and correspondence required by the conditions of this permit
shall be submitted to the following address: U.S. Army Corps of Engineers, Regulatory
Division, Wilmington Regulatory Field Office, Attn: Greg Currey, 69 Darlington Avenue,
Wilmington, NC 28403 or by email at [e-mail]. The Permittee
shall reference the following permit number, SAW-2009-01242, on all submittals.
25. Violation of these conditions or violation of Section 404 of the Clean Water Act of
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington
District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the
violation

-6-
Permit Conditions for 2020 SARBO Project Design
Criteria (PDC)
For all activities:
(ED1) All personnel associated with this project shall be instructed about the potential presence
of species protected under the ESA and MMPA and the appropriate protocols if they are
encountered.
(ED2) All on -site project personnel are responsible for observing water -related activities for the
presence of ESA -listed species.
(ED3) All on -site project personnel will be informed of all ESA -listed species that may be
present in the area and advised that there are civil and criminal penalties for harming, harassing,
or killing ESA -listed species or marine mammals.
(ED4) All on -site project personnel will be briefed that the disposal of waste materials into the
marine environment is prohibited. All crew will attempt to remove and properly dispose of all
marine debris discovered during dredging operations, to the maximum extent possible.
All In -water Activities:
(INWATER1) All work, including equipment, staging areas, and placement of materials, will be
done in a manner that does not block access of ESA -listed species from moving around or past
construction.
(INWATER2) Equipment will be staged, placed, and moved in areas and ways that minimize
effects to species and resources in the area, to the maximum extent possible. Specifically:
• All vessels will preferentially follow deep -water routes (e.g., marked channels) to avoid
potential groundings or damaging bottom resources whenever possible and practicable.
• Barges, scows, and other similar support equipment will be positioned away from areas
with sensitive bottom resources such as non -ESA -listed seagrasses, corals, and
hardbottom, to the maximum extent possible.
• Pipelines will be placed in areas away from bottom resources and of sufficient size or
weight to prevent movement or anchored to prevent movement or the pipeline will be
floated over sensitive areas.
(INWATER3) All work that may generate turbidity will be completed in a way that minimizes
the risk of turbidity and sedimentation to non -ESA -listed non -mobile species (e.g., non -ESA -
listed corals, sponges, and other natural resources) to the maximum extent practicable. This may

-7-
include selecting equipment types that minimize turbidity and positioning equipment away or
downstream of non -mobile species.
(INWATER4) If turbidity curtains are used, barriers will be positioned in a way that does not
block species' entry to or exit from designated critical habitat and does not entrap species within
the construction area or block access for them to navigate around the construction area. Project
personnel must take measures to monitor for entrapped species in areas contained by turbidity
curtains and allow access for them to escape if spotted.
(INWATER5) If lines or cables are used (e.g., to mark floating buoys, lines connecting pickup
buoy lines, or for turbidity curtains):
• In -water lines (rope, chain, and cable) will be stiff, taut, non -looping. Examples of such
lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible
in -water lines, such as nylon rope or any lines that could loop or tangle, will be enclosed
in a plastic or rubber sleeve/tube to add rigidity and to prevent the line from looping or t
angling. In all instances, no excess line is allowed in the water.
• All lines or cables will be immediately removed upon project completion.
• All in -water lines and materials will be monitored regularly to ensure nothing has
become entangled.
• Cables or lines with loops used to move pipelines or buoys will not be left in the water
unattended.
All Dredging:
(STURGEON2) Dredging operations, including related equipment, and projects conducted by
other entities in the vicinity will not block more than 50% of the sturgeon river width to allow
safe passage of sturgeon.
Cutterhead Dredge:
(CUTTER1): The cutterhead will not be engaged/turned on when not embedded in the sediment,
to the maximum extent possible.

-8-
Special Conditions for Hydraulic Cutterhead and Hopper Dredge Plants
1. Reporting requirements:
a. Pre -Construction Notification: At least 2 weeks prior initiating the work authorized
by this permit, the Permittee shall submit a completed "SARBO Pre -Construction
Notification" form (see form below) to the following emails:
[e-mail] and [e-mail]. The checklist must
be completed using the form function (i.e. do not handwrite or create text boxes). Upon
receipt of the notification form, you will receive a list of the Corps primary points of
contact for reporting turtle take/incidents. If the permit authorizes multiple work events,
the Permittee must submit the SARBO Pre -Construction Notification prior to each event.
b. Take Reporting: All lethal and nonlethal take associated with a project covered
under SARBO will be reported within 48 hours. Project details related to take that will be
reported by completing "SARBO Take Reporting" form (see form below) and sent to the
following emails: [e-mail] and [e-mail].
The checklist must be completed using the form function (i.e. do not handwrite or create
text boxes).
c. Post -Construction Reporting: Within 30 days of completing the work authorized by
this permit, the Permittee shall submit a completed "SARBO Post -Construction
Notification" form (see form below) to the following emails:
[e-mail] and [e-mail]. The checklist must
be completed using the form function (i.e. do not handwrite or create text boxes).

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387.13 North Green Meadows Dr
Wilmington, NC 28405
910.821.1358
Vertical Datum
Conversion
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4.3' NAYDO8
2.3'
MLLW
OFF THE HOOK YACHT SERVICES
1701 J.E.L. Wade Drive
Wilmington, NC 28401
CONDITION SURVEY - November 2021
Location & Drawing Layout
Graphic Scale
050 100' 200'
Scale: 1 = 100
Notes
1. Harrzontal Datum NC Slate Plane - Zone 3200 • •
2. Vertical Dahrn, Mean Lower Low Water IMLLW)
3. Data collected by TI Coastal on November 23. 2021 and represent conditions at that lime.
4. Soundings are expressed en feel and tenths.
5. Survey data collected rn NAVD88 and convertedAOtiAG 1 2 2022
6. Vertical Datum conversions reference to NOAA a 1111 r local area rlIC Inland
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7. Aerial Photos NC One Map - 2020
8. Edge of Vegetation line digitized Rom geo-reterenced Aerial Photographs.
DWG NAME: 211123 OTNYS Travel Lift Surveyalwg . .
DWG DATE: December 1, 2021 SURVEY DATE: November 23, 2021
SCALE: 1" = 100' SHEET 1 OF 3

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4. Soundings are expressed in feet and tenths.
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DWG NAME: 211123 OTHYS Travel Lltt Survey.dwg
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DWG DATE: December 1, 2021
SCALE: As Shown
SURVEY DATE: November 23,2021
SHEET: 2 OF 3

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35.00
4n Of,'
211'2 C1 L S''e,
DBL 50.00 FI:In
Depth 15.00 Ft:In
TI Coastal Services, Inc.
387.B North Green Meadows Dr
W,Im,ngton, NC 28405
910.821.1358
Verticaf Datvm
Conversion
MHW
2.d
MAV091
2.3'
t- MLLW
X: 2318079.20
Y: 185491.86
0.00
20.00
-15.00
-10.00
5.00
0.00
5.00
10.00
15 X
20.00
25.00
30.00
35.00
40.00
211123 CND
0+50.TIN
0+50.TIN
50.00 100.00
Length: 555.00
150.00 200.00
Azimuth: 280.44
250.00 300.00
X: 2317533.39
Y: 185592.42
350.00 400.00
-20.00
15.00
10.00
5.00
0.00
5.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
= 1 11 1 I 1 1 1 1 I 1 1 1
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Sur'ey
DBL 50.00 FI:In
Depth 15.00 FI:In
X: 2318065.61
Y:185418.10
0.00
20.00
-15.00
-10.00
5.00
0.00
5.00
10.00
15.00
20.00
25X
30.00
40.00
211123 CND
1+25.TIN
1+25.1114
50.00
Length: 555.09
100.00 150.00 200.00
Azimuth' 280.44
250.00 300.00
X: 2317519.80
Y: 185518.66
350.00 400.00
-20.00
15.00
10.00
-5.00
0.00
5.00
1010
15.00
29.00
25.00
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Survey
DBL 50.00 Ft:
Depth 15.00 Ft:In
X: 2318074.67
Y: 185467.27
0.00
-20.00
-15.00
-10.00
-5.00
5.00
10.00
15.00
20.00
25.OD
3D.00
35.00
40.00
211123 CND
0+75.TIN
0+75.1IN
50.00 100.00
Length: 555.00
150,00 200.00
Azimuth: 280.44
250.00 300.00
X:2317528.86
Y: 185567.84
350.00 400.00
20.0D
15.00
10.00
5.00 .
5.00
1000
15.00
20.00
25.00
30.00
35.00
40.00
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Survey
DBL 50.00 Ft:In
Depth 15.00 FI:In
X: 2318061.08
Y: 185393.51
0.00
-20.00
-15.00
-10'00
5.00
ago
5.00
10.00
15.00
20.00
25.00
30.00-
35.00
4000
211123 CND
1+50.TIN
1+50.11N Length: 555.00 Azimuth: 280.44
50.00 100.00 150.00 200.00 250.00 300.00
X'. 2317515.27
Y: 185494.08
350.00 400.00
-2D.00
15.00
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25.00
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DBL 50.00 FI:In
Depth 15.00 Ft:In
0�3
NOT TO SCALE - ORIGINAL IS 34" x 22"
OFF THE HOOK YACHT SERVICES
1701 J.E.L. Wade Drive
Wilmington, NC 28401
CONDITION SURVEY - November 2021
CROSS SECTIONS
Graphic Scale
0' 25' 50' 100'
Horizontal Scale: 1" = 50'
0' 7.5' 15' 30'
Vertical Seale: 1"= 15'
Notes
1. Horizontal Datum NC Slate Plane - Zone 3200
2. Vertical Datum. Mean Lower Low Wale, (MLLW)
3. Data collected by TI Coastal on November 23. 2021 and represent conditions al Mal time
4. Soundings are expressed in feet and tenths. yy
5. Survey dais collected in NAVD86 and converted ta11411NW f'7
6. Vertical Datum conversions reference to NOAA V for 1 a e fN r '7 alld
Waterways and Sounds Version 1).
7. Cross sections generated from TIN (DTM Model) and cut along slation Ines.
( DWG NAME: 211123 OTNYS Travel Lift Survay.dwg
DWG DATE: December 1, 2021 SURVEY DATE: November 23, 2021
SCALE: AS NOTED
SHEET: 3 OF3

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CAPE FEAR PUBLIC UTILITY AUTHORITY
235 GOVERNMENT CENTER DRIVE
WILMINGTON NC 28403
Existing Docking Facilities
USACE Navigation Channel
CITY OF WILMINGTON
102 NORTH THIRD STREET
WILMINGTON NC 28403
Legend
Property Boundary
NHC Tax Parcels
Riparian Corridor
15' Setback
USACE Setback
USACE Navigation Channel
Mean High Water
30' CAMA Buffer
Coastal Wetland Line
404 Wetland Line
75' AEC
Appx. Normal High Water
NOTES:
1. 2018 PARCELS AND 2020 AERIAL FROM
NCONEMAP.
2. LENGTH OF SHORELINE AT APPROXIMATE
NORMAL HIGH WATER IS -2,330 FEET.
3. BASE FILE FROM ARDURRA GROUP.
4. NOT A SURVEYED OR ENGINEERED DRAWING.
FOR ENVIRONMENTAL PERMITTING ONLY.
0
150
300
600
RECEIVED
y
IA� i
Resource Group
3805 Wrightsville Ave Suite 15
Wilmington, North Carolina 28403
910-452-0001
Project:
Bennett Brothers
Date:
6/27/2022
Revision Date: 16 2°2
AM
Scale:
1"=300'
Job Number.
r eeDAAR`GAN'CW��2AA1,N2G i C
BI INizuvi
1 of 4
'
Title:
Site Location and
Existing Conditions
Drawn By:
WAD
A,

USACE Setback
Proposed 67' x 14.75' Forklift Drop Platform
(Ties to Existing Concrete Abutment)
Proposed 60' x 6' Floating Dock
Existing Dock
MLW
Proposed 80' x 5' Aluminum Gangway
Proposed Concrete Abutment
Joint Coastal / 404 Wetland Line
30' CAMA Buffer
Existing Travel Lift
75' AEC
404 Wetland Line
3' x 6' Coastal Wetland Patch
l Proposed Concrete Abutment and Access Stairs
Proposed 45' x 5' Aluminum Gangway
Existing Dock
Legend
Subject Property
Joint Coastal/404 Wetland Line
404 Wetland Line
USACE Setback
Mean High Water
30' CAMA Buffer
75' AEC
Mean Low Water
NOTES:
1. 2018 PARCELS AND 2020 AERIAL FROM NCONEMAP.
2. WATER DEPTHS, MHW AND COASTAL WETLAND SURVEY PROVIDED BY TI COASTAL SERVICES, INC. COLLECTED NOVEMBER 23, 2021.
3. WATER DEPTHS ARE RELATIVE TO MLLW, NAVD88.
4. LENGTH OF SHORELINE AT APPROXIMATE NORMAL HIGH WATER IS -2,330 FEET.
5. BASE FILE FROM ARDURRA GROUP.
6. NOT A SURVEYED OR ENGINEERED DRAWING.
7. FOR ENVIRONMENTAL PERMITTING ONLY.
0
10
20
40
DAVEY
Resource Group
3805 Wrightsville Ave Suite 15
Wilmington, North Carolina 28403
910-452-0001
Project:
Bennett Brothers
Date:
6/27/2022
RECEIVED
AUG 6 2022
DC1VI WILMINGTCN, VC
Revision Date:
N/A
Title:
Plan View
Forklift Drop Detail
Scale:
1"=20'
Job Number:
DRGNCW21.232
Drawn By:
WAD
Sheet Number:
2 of 4
2 oc

USACE Setback
Proposed Forklift Drop P atform (67' x 14.75'
Proposed 60' x 6' Floating Dock
30' CAMA Buffer
404 Wetland Line
Existing Concrete Abutment
3' x 6' Coastal Wetland Patch
Proposed 45' x 5' Aluminum Gangway
Proposed Concrete Abutment and Access Stairs
Mean High Water
Mean Low Water
0
8
16
32
A
14
12
10
8
6
4 MHW
2
0 MLW
-2
-4
-6
-8
0+I00
30' CAMA Buffer
404 Wetland Line
Proposed Forklift Drop (67' x 14.75')
Existing Grade
0+I40
Pilings per Contractor
(Size, Spacing, Depth)
0450
0+I60
0+I70
Existing Concrete
I14
12
10
8
6
4
2
0
-2
- 4
- 6
-8
0+I80
0
4
8
16
Legend
Subject Property
404 Wetland Line
USACE Setback
Mean High Water
30' CAMA Buffer
Mean Low Water
NOTES:
1. 2018 PARCELS FROM NCONEMAP.
2. WATER DEPTHS, MHW AND COASTAL WETLAND SURVEY PROVIDED BY TI COASTAL SERVICES, INC. COLLECTED NOVEMBER 23, 2021.
3. WATER DEPTHS ARE RELATIVE TO MLLW, NAVD88.
4. LENGTH OF SHORELINE AT APPROXIMATE NORMAL HIGH WATER IS—2,330 FEET.
5. BASE FILE FROM ARDURRA GROUP.
6. NOT A SURVEYED OR ENGINEERED DRAWING.
7. FOR ENVIRONMENTAL PERMITTING ONLY.
RECEIVED
AUG 16 2022
DCM WILMINGTON, NC
DAVEY
Resource Group
3805 Wrightsville Ave Suite 15
Wilmington, North Carolina 28403
910-452-0001
Project:
Bennett Brothers
Title:
Plan View
Forklift Drop Detail
Date:
6/27/2022
Revision Date:
N/A
Scale:
As Noted
Job Number:
DRGNCW21.232
Drawn By:
WAD
Sheet Number:
3 of 4
LICAMA\2021 CAMA FILESILMG21.232 — Bennett Brothers, Ruegg\Bennett Brothers.dwg
o f

USACE Setback
USACE Navigation Channel
Legend
Subject Property
USACE Navigation Channel
USACE Setback
Mean High Water
30' CAMA Buffer
Coastal Wetland Line
404 Wetland Line
Proposed Dry Stack Storage Racks [MO
Mean High Water
Mean Low Water
Proposed Open Dry Stack Storage Rack - 2 High (16 spaces)
Proposed Open Dry Stack Storage Rack - 2 High (16 spaces)
Existing Brick Shed
(to be removed)
404 Wetland Line
30' CAMA Buffer
75' AEC
NOTES:
1. 2018 PARCELS AND 2020 AERIAL FROM NCONEMAP.
2. WATER DEPTHS, MHW AND 404 / COASTAL WETLAND SURVEY PROVIDED BY TI COASTAL SERVICES, INC.
3. WATER DEPTHS ARE RELATIVE TO MLLW, NAVD88.
4. LENGTH OF SHORELINE AT APPROXIMATE NORMAL HIGH WATER IS —2,330 FEET.
5. BASE FILE FROM ARDURRA GROUP.
6. PROPOSED OPEN DRY STACK STORAGE RACKS CONSTRUCTED OVER EXISTING IMPERVIOUS GRAVEL.
7. PROPOSED OPEN DRY STACK STORAGE DIMENSIONS 198' LONG X 12' WIDE.
8. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY.
Appx. Normal High Water
75' AEC
0
10
20
40
Proposed Open Dry Stack Storage Rack - 4 high (32 spaces)
Proposed Open Dry Stack Storage Rack - 4 high (32 spaces
AU G 16 2022
DCM WILMINGTON, NC
�`
YGY
Resource Group
3805 Wrightsville Ave Suite 15
Wilmington, North Carolina 28403
910-052-0001
Project:
Bennett Brothers
Date:
6/27/2022
Revision Date:
N/A
Scale:
1"=20'
Job Number:
DRGNCW21.232
Title:
Plan View
Drystack Detail
Drawn By:
WAD
Sheet Number:
4 of 4
0

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally -listed
endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 et seq.). The
manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article
25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead
Federal agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been
recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly
found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and
inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly
submerged, making them difficult to detect even in shallow water. While the manatee's principal
stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary
measures for general construction activities in waters used by the species. Implementation of these
measures will allow in -water projects which do not require blasting to proceed without adverse impacts to
manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment
or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental
document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review
of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act.
These measures include:
1 The project manager and/or contractor will inform all personnel associated with the project that
manatees may be present in the project area, and the need to avoid any harm to these endangered
mammals. The project manager will ensure that all construction personnel know the general appearance
of the species and their habit of moving about completely or partially submerged in shallow water. All
construction personnel will be informed that they are responsible for observing water -related activities for
the presence of manatees.
2. The project manager and/or the contractor will advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees which are protected under the Marine
Mammal Protection Act and the Endangered Species Act.

3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel
movement, all appropriate precautions will be implemented to ensure protection of the manatee. These
precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet
of the operational area of the equipment. Activities will not resume until the manatee has departed the
project area on its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made
to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252-
728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel
operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer months,
primarily from June through October. Idle speed is required if operating this vessel in shallow
water during these months. All equipment must be shut down if a manatee comes within 50 feet
of the vessel or operating equipment. A collision with and/or injury to the manatee must be
reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine
Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252-
448-1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during
project activities. Upon completion of the action, the project manager will prepare a report which
summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field
Office.
7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times
while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All
vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in
which manatees cannot become entangled; (b) secured in a manner that they cannot break free and
entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled.
Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat.
Prepared by (rev. 02/2017):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520
2

Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and
muddy waters of coastal North Carolina, one normally sees only a small part of the head when the
manatee raises its nose to breathe.
Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-
evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North
Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.
3