19961054 Ver 2_CAMA Application_20090701

Beverly Eaves Perdue
Governor
June 29, 2009
U 05 1+ V 2,
WDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
James H. Gregson Dee Freeman
Director Secretary
MEMORANDUM:
TO: Cyndi Karoly, Supervisor
401 Oversight & Express Permits Unit
Division of Water Quality-Surface Water Protection
JUL 12009
WETLANDS AND T EORMWATERR BRANCH
FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA / Dredge & Fill Major Permit Application Review
Applicant: Bennett Brothers Yachts, Inc.
Project Location: adjacent to the NE Cape Fear River, on the NE side of the Isabella Holmes
Bridge, in Wilmington, New Hanover County
Proposed Project: Modification of State Permit No. 90-97 to hydraulically dredge to a depth of
-12 feet at NLW within the footprint of the existing marina
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by July 25, 2009. If you have any questions regarding the proposed project,
contact Holley Snider at [phone], when appropriate, in-depth comments with supporting
data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer
North Carolina
Naturallil
LAMA Major Modification #90-97 Bennett Brother's Yachts, Inc. Page 2
9. PROJECT DESCRIPTION
The project site is located adjacent to the Northeast Cape Fear River, approximately .85 miles north of its
division with the Cape Fear River. This property abuts the Isabella Homes Bridge to the south side, and
fronts J.E.L. Wade Drive. The tract is approximately 13 acres in size, and is comprised of several tracts
of land controlled by Bennett Brothers Yachts. The project site has highground elevations ranging from 6
feet to 35 feet above mean sea level and has a grade of approximately 40+ degrees, sloping from
J.E.L.Wade Drive to the river's edge. The soils are sandy, and support Loblolly Pine, Wax Myrtle, Red
Maple, and various vines such as Poison Ivy and Catbrier. The site currently operates as Bennett
Brothers Yachts, Inc., existing man-made highground features include a boat repair and maintenances
building, paint shop, office building, mechanical building and shed, marina clubhouse and
gravel/concrete parking lot. The highground also features several concrete retaining walls, located along
the vegetated hillside, and some remnant building foundations are present. The project site has
approximately 1,910 linear feet of shoreline frontage along the Northeast Cape Fear River. Water
dependant structures on the property include a travel lift pit with piers and floating docks. The Bennett
Brothers Yachts received CAMA Major Permit #90-97 on July 2, 1997, which authorized the
development of the marina with an 80-slip docking facility and associated upland structures. The
permit was modified to include changes to the slip lay-out and has been renewed five (5) times.
Dredging within the travel lift pit was approved by CRC Variance #749 on March 19, 2007. CAMA
Major Permit #90-97 is due to expire on December 31, 2010. The City of Wilmington supplies the
drinking water to the project site and wastewater treatment facilities.
There are Section 404 Wetlands located on the project site although no development or impacts are
proposed within these wetlands at this time. Along the river's edge, there are coastal wetlands,
predominantly vegetated with Spartina altem ora, Spartina cynosoroides, and Scirpus spp.. The
wetlands along the north shoreline range in width from approximately 30 feet to greater than 100 feet
along the south shore. Typha lati olia and Cladium jamaicense are interspersed along the shoreline. The
Northeast Cape Fear River is approximately 700 feet wide in the immediate vicinity of the project site.
Water depths in the area of the marina docking facility range from 0.0 feet at Normal Low Water (NLW)
to approximately -3 feet along the landward side of the floating docks. The waterward edge of the
floating finger piers have water depths of approximately -25.0 feet at NLW and are located approximately
110 feet from the edge of the Army Corps of Engineers Northeast Cape Fear Navigation Channel.
The Wilmington-New Hanover County LUP classifies the upland areas of the project site as
Conservation/Developed. The waters of the Cape Fear River are classified as SC by the NC Division
of Water Quality (DWQ). The NC Division of Marine Fisheries (DMF) has designated this area of
the Cape Fear River as Primary Nursery Area and the waters adjacent to the proposed project are
closed to the harvesting of shellfish. There has been no archeological assessment done on the project
site. No Stormwater or Sedimentation/Erosion Control Plans have been submitted for this project and
previous authorization was obtained in 1997 under the CAMA Major Permit #90-97.
10. PROPOSED PROJECT:
The applicant is proposing to modify the existing permit to hydraulically dredge to a depth of -12 feet at
Normal Low Water within the footprint of the existing marina. The proposed dredge limits
CAMA Major Modification #90-97 Bennett Brother's Yachts, Inc. Page 2
would be located entirely within the footprint of the existing floating docks. The applicant is proposing to
dredge the entire length of the marina facility (approximately 1790 feet). As proposed, the dredge limits
would extend from the landward edge of the floating docks waterward approximately 60 feet and slope to
meet the connecting water depth contours. The proposed dredging would increase water depths (on
average) from an average depth of approximately -3.0 feet at NLW to approximately -12 feet at NLW
along the landward edge of the southern floating dock. The proposed dredging under the northern
floating dock, located approximately 15-45 feet waterward of coastal wetlands, would increase water
depths from 0.0 feet at NLW to -12 feet at NLW along the landward edge of the floating dock. The
dredge spoil material would be located on the property outside of the 75 feet Estuarine Shoreline Area of
Environmental Concern (AEC). The applicant is proposing to construct a spoil retention basin, for
disposal of dredge material, by grading the existing sloping hillside, utilizing native soils to construct
dikes and retention walls. The basin footprint, including constructed dikes, would measure
approximately 322 feet in length by 148 feet in width. The applicant is proposing to construct dike walls
measuring approximately 10-15 feet in height at a 2:1 vertical slope. The applicant is proposing to install
a 24-inch outlet pipe that would connect to an 8-inch outfall pipe extending south along the project site
through wetlands ultimately depositing into the river. The applicant states the proposed spoil retention
basin would have the ability to potentially retain approximately 9,050 cubic yards of material with
approximately 4 feet of free board.
11. ANTICIPATED IMPACTS
As proposed the hydraulic dredging would impact approximately 87,000 square feet of shallow bottom
area. The proposed dredging would result in approximately 6,500 cubic yards of material being removed
from below Normal High Water (NHW). The proposed dredge would result in the disturbance of
approximately 87,000 square feet of water bottom located within a designated Primary Nursery Area.
Approximately 330 linear feet of floating dock is located approximately 15-45 feet from Coastal
Wetlands. Proposed dredging to a depth of -12 feet NLW in these areas could potentially result in severe
sloughing along the shoreline and adjacent wetlands. The proposed spoil retention basin construction
would result in disturbance to the hillside that is currently stabilized with retaining walls and vegetation.
Spoil disposal would disturb approximately 47,656 square feet of highground. The applicant states the
retention basin could potentially retain 9,050 cubic yards of material. Increases in turbidity should be
expected during the dredging period however, no long term or adverse impacts are anticipated.
Submitted by: H. Snider Date: 6/24/09 Office: Wilmington
Recommendations for State Permit - Bennett Brother's Yachts, Inc.
It is staff's recommendation that the proposed excavation surrounding the proposed docking facility is
INCONSISTENT with the Rule in 15 NCAC 7H.0208 (b) (1) which states "Navigation channels,
canals, and boat basins shall be aligned or located so as to avoid primary nursery areas, highly
productive shellfish beds, beds of submerged aquatic vegetation, or significant areas of regularly or
irregularly flooded coastal wetlands." As proposed the excavation surrounding the docking facility
would be located adjacent to, but outside of the existing federally maintained navigation channel. The
proposed new excavation would result in the removal of approximately 6,500 cubic yards of material
from the designated Primary Nursery Area located within the Northeast Cape Fear River. As
proposed the dredge limits would be located, at the nearest point, within 15 feet of Coastal Wetlands,
along the 0 feet contour at Mean Low Water and as proposed would be dredged to a depth of -12 feet
at NLW.
This office has objections to the proposed dredging within the footprint of the existing docking facility
based on the inconsistency with Rule in 15 NCAC 7H.0208 (b) (1) and the Wilmington-New Hanover
County Land Use Plan that prohibits new excavation within designated Primary Nursery Areas.
NOTE: An archaeological investigation sufficient to determine the nature, extent, condition, and
significance of resources, which might be adversely affected by the proposed construction, shall be
conducted subject to the approval of the Division of Archives and History, through the Division of
Coastal Management, if deemed necessary by the Division of Archives and History.
no wl
q Lo- ? os'* v2
APPLICATION for
Maier Development Permit
past revised 1227106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Bennett Brothers Yachts, Inc. Project Name (if applicable)
Maintenance Dredging Major Mod CAMA Permit #90-97
Applicant 1: First Name
Tricia MI
D Last Name
Bennett
Applicant 2: First Name MI Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
1701 J.E.L. Wade Drive PO Box City
Wilmington State
NC
ZIP
28401 Country
USA Phone No.
910 - 772 - 9277 ext. FAX No.
910 - 772 -1642
Street Address (if different from above) City State ZIP
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Bruce Marek, P.E.
Agentl Contractor 1: First Name MI Last Name
Bruce J Marek
Agent/ Contractor 2: First Name MI Last Name
Mailing Address PO Box City State
5489 Eastwind Rd Wilmington NC
ZIP Phone No. 1 Phone No. 2
28403 910 - 799 - 9245 ext. 910 - 228 - 2484 ext.
FAX No. Contractor #
NC P.E.# 15684
Street Address (d different from above) City State ZIP
Email
[e-mail]
R
C. 2
ERE
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APR 0 9 2009
D C M Wi1.id i,? i^. N, RAC
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple) Street Address State Rd. #
New Hanover 1701 J.E.L. Wade Drive
Subdivision Name City State Zip
Wilmington NC 28401-
Phone No. Lot No.(s) (if many, attach additional page with list)
910 - 772 - 9277 ext. I ,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
Cape Fear North East Cape Fear River
c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site.
®Natural ?Manmade ?LInknown North East Cape Fear River
e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ?No work falls within.
Wilmington
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq_ft.)
1910 456508 sf (10.48 Acres)
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high watet) or
NWL (normal water level)
(if many lot sizes, please attach additional page with a list) 10.68' at Travel Lift Pier ®NHW or ?NWL
e. Vegetation on tract
Hardwoods, Pines, Coastal & 404 Wetlands and Domestic Grasses
f. Man-made features and uses now on tract
Boatyard, Boat Repair Building/Paint Shop, Offices, Mechanics Bldg/Sheds, Travel Lift Pit, Marina Club House, Parking
Lot,Marina Dock/Slips
g. Identify and describe the existing land uses adiacent to the proposed project site.
Urban Waterfront/Industrial
h. How does local government zone the tract? L Is the proposed project consistent with the applicable zoning?
Industrial (Attach zoning compliance certificate, if applicable)
®Yes ?No ?NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ®Yes ?No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ?No ®NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA
National Register listed or eligible property?
<Form continues on next page> R El C; E L' to
APR 0 9 2009
P ?'
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ?No
(ii) Are there coastal wetlands on the site? ®Yes ?No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ?No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
City of Wilmington
o. Describe existing drinking water supply source.
City of Wilmington
p. Describe existing storm water management or treatment systems.
Wet Pond on Site per Stormwater Permit # SW8-970403
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? [@Commercial ?PubliclGovemment
? Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Maintenance Dredging for Continued Use of existing slips for Bennett Brothers Yachts/Cape Fear Marina; Construction of a
Spoils Basin on-site outside of 75' AEC; Periodic emptying of Spoils Basin and Redredging to requested depths.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Hydraulic Dredge, Barge Mounted Back Hoe, or Back Hoe (Pit Area) for Dredging. Back Hoe, Bulldozer,Trucks, Tree
Clearing Equipment for Construction of Spoils Basin. Back Hoefrrucks for Periodic Emptying of Spoil Basin or for Spillway
Maintenance
d. List all development activities you propose.
Periodic Maintenance Dredging of Existing Slips (existing footprintof marina, part of urban waterfront, no new navigation
channel); Spoil Basin Construction, maintenance and periodic emptying. Note - this is 11th year of slips in the water.
Periodic dredging hopefully only needed at > 5 year intervals. First dredging: Appx 6500 cu yds
e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance of an existing project
within existing marina 3.1 ac footprint.
f. What is the approximate total disturbed land area resulting from the proposed project? Dredge Area 87,000 sf (2.0 Acres)
Spoil Basin Area: 1 Acre (Upland)
?Sq.Ft or ?Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes ®No ?NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
N/A
i. Will wastewater or stonnwater be discharged into a wetland? ?Yes ®No ?NA
If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ?NA
j. Is there any mitigation proposed? ?Yes ®No ?NA
If yes, attach a mitigation proposal.
is
<Form continues on back>
APR 0 t+ .^CI
- -- - - f 3 lye l i_t ;`I ti i?b f-, `d" n f i 11i
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (t) are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the
proposed project Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Harnett Landing (Adjacent Property to the North): (Mark Maynard) Phone No. 910-251-5030
Address P.O. Box 1229, Wilmington, NC 28402
Name Plantation Builders (South of Holmes Bridge, old Dean Hardwoods site) Phone No. 910-763-8760
(Dave Spetrino, President(CEO)
Address 720 N. Third Street, Suite 301, Wilmington, NC 28401
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
Stormwater: SW8-970403, Approved 6-23-97 CAMA #90-97 7-2-97, with mods through 3-19-07
Corps of Engineers Action I.D. #199602652, 8-15-97/5-29-05 Sediment & Erosion Control: Number unknown, 1997
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N_C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
?Iltl
Date 4-6-09 Print Name -Bruce Marek, P.E. , Agent?fdr" ?k' pnett
Signature •'•.?f ' `? 7??
= Z :X
Please indicate application attachments pertaining to your proposed project. ?g?? Q ?
®DCM MP-2 Excavation and Fill Information ?DCM MP-5 Brioges'and Culverts
EN????•l?,co
?DCM MP-3 Upland Development
RECEIVED '
pDCM MP-4 Structures Information e9%CE •,P? APR 0 9 2009

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access Other
Channel
(NLW or Canal Boat Basin Boat Ramp Rock Groin Rock
Breakwater (excluding
shoreline
NWL) stabilization
Length 1854'
47' avg width
Width (87,000 sf
dredge area)
Avg. Existing NA NA
Depth
Final Project -6'MLW to NA NA
Depth -12' MLW
1. EXCAVATION ?This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards. Sand/Silt
6500 Cu Yds
c. (i) Does the area to be excavated include coastal wetlands/marsh d.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
?WL ®None
(ii) Describe the purpose of the excavation in these areas:
High-ground excavation in cubic yards.
N/A
2. DISPOSAL OF EXCAVATED MATERIAL ?This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
Proposed SpoilBasin on-site, outside of 75' AEC
C. (i) Do you claim title to disposal area?
®Yes ?No ?NA
(ii) If no, attach a letter granting permission from the owner
Available 292'x148' = appx 1.0 acres; x 12' Berm Height
d. (i) Will a disposal area be available for future maintenance?
®Yes ?No ?NA
(ii) If yes, where?
Proposed Basin with Berms is approx 12,500 cu yds,
almost double initial dredge volume requested
e. (i) Does the disposal area include any coastal wedands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
?WL ®None
(ii) Describe the purpose of disposal in these areas:
f. (i) Does the disposal include any area in the water?
?Yes ENo ?NA
(ii) If yes, how much water area is affected?

APR 0 9 911009
P+^

a. Type of shoreline stabilization: b. Length:
[]Bulkhead ?Riprap []Breakwater/Sill []Other: Width:
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12
months?
[]Yes ?No ?NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
g. Number of square feet of fill to be placed below water level. h. Type of fill material.
Bulkhead backfill Riprap
Breakwater/Sill Other ;.,. % . .
i. Source of fill material.
APP 9v
11
='44 Will WhIGIN!'W1 N-
C OTHER FILL ACTIVITIES 0This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? []Yes ?No ?NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
submerged aquatic vegetation tbAvf, snen oottom tangy, or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
[]CW ?SAV ?SB
[]WL []None
(ii) Describe the purpose of the fill in these areas:
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
Constructed Berm, Vegetated/Stabilized Slopes, Silt Fence
c. (i) Will navigational aids be required as a result of the project?
[]Yes ONo ?NA
(ii) If yes, explain what type and how they will be implemented.
b. What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
Hydraukic Dredge Wor Backhoe
d. (i) Will wetlands be crossed in transporting equipment to project
site? []Yes ZNo ?NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
46-09
Date
Maintenance Dredging Major Mod CAMA Permit #90-97
Project Name
Bruce Marek, P.E. , for
Applicant Signature

tt Brothers Yachts
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Bruce Marek, P.E.
5489 Eastwind Rd APR 17 7-79
Wilmington, NC 28403
910-749-9245 DC W I L NU N G I `:? N. NC
Project Narrative: Bennett Brothers Yachts/Cape Fear Marina Request for Major Modification to CAMA
Permit #90-97 for Maintenance Dredging of Marina Slips Rev.1: 4-17-07
Bennett Brothers Yachts, Inc seeks to be allowed to do periodic maintenance dredging of the Bennett
Brothers Yachts/Cape Fear Marina, located at 1701 J.E.L. Wade Drive, Wilmington (immediately north
of the Holmes Bridge), along the east bank of the North East Cape Fear River. The 1854' long marina is
considered by Mike Christenbury, CAMA District Planner, to be the northern end of the Wilmington
Urban Waterfront. The accompanying drawing C1 with photos dated 2-16-09 shows recent depth
conditions whereas the main floating docks are no longer floating at low tide. This was not the case
when the marina opened 11 years ago (2 photos are also included on drawing C1 from 1998).
Reference drawing R-1 has a photo underlay of the North East Cape Fear River Navigation Channel.
This request is not a request to gain any additional berth area and is not a request for a new
navigation channel. The project boundary as indicated on the drawing is the existing marina
between the landward side of the main docks and the river side of the tee-heads/finger pier ends.
The included area is approximately 135,000 sq ft (3.1 acres). River dock frontage from north to south is
approx 1854 If. Proposed dredge area for 2009 (shown hatched in red) is approximately 87,000 sf (2.0
acres), for an average width of 47'. The rivermost side of this 2009 dredge boundary is the -12' Mean
Low Water Line. Depths were measured on 2-16-09. The depth requested for the landward side along
the majority length of the main dock is -6 MLW. This equates to an approximate depth of -8' MLW to
the water side of the main docks. Considering there are several approved slips 50' or larger that are
parallel to the southern main floating dock, having sufficient depth for a sailboat with 8' draft is felt to
be a reasonable request and in line with how the docks were most likely originally set.
Yard owner Paul Bennett passed away two years ago; thus we do not have the benefit of his
recollection of permit discussions and mean low water depths from when the marina/boatyard was
permitted in 1997 as CAMA #90-97. His wife, Tricia Bennett, now president of Bennett Brothers Yachts,
Inc. has asked that I pursue this maintenance dredging major modification. The silting of several of the
slips has reduced the ability of some slip holders to dock in their slips, and for the yard to effectively
berth transients and vessels awaiting repairs. Such maintenance dredging is very important to the
survival of a marina. Vessels or propellers could become stuck or damaged if water depth in a slip is
too shallow to free float the vessel. Floating dock systems can likewise be damaged if the floats are
aground at low tide. We also feel that slips being aground twice a day is not good for the water
environment. With the downturn in the economy, marinas and marine businesses have all been hit
especially hard. Having maintenance dredging capabilities eliminates one more strike against this
job-producing downtown Wilmington business.
Drawing C-2 is the overall Bennett Brothers Yachts Boatyard Site Plan, including the proposed location
for an on-site spoil basin, outside of the 75' AEC. Drawing C-3 includes typical Spoil Basin berm and
spillway details. The basin is shown sized at 148' x 298', which equals approximately a one acre
footprint. Proposed top of berm height is 12' above local grade. Note that a dredger has not yet
been selected, and that they may have their own preferred details and thoughts on basin size.
Included in this request for maintenance dredging is permitted ability to have sand/spoil removed
from the basin to a Land Quality Permitted Site, outside of the AEC, either on-site or elsewhere. Any
such spoil basin material movement to inside an AEC should, of course, require obtaining a Letter of
Refinement.
CAMA#90-97 Bennett Brothers Yachts Major Mod Maintenance Dredging Narrative: Page 1
Dredging will be primarily by hydraulic dredge. At this point the best guesstimate is for hydraulic
dredging every 5 to 10 years, based on the 11 years that the marina has been open. We do ask for
the option to use a land based back hoe (especially in the travel lift pit and adjacent maintenance
slip area) or for use of a barge mounted back hoe (possible smaller/touch up jobs). We will make the
proper advance notifications and provide spoil and spoil basin capacity estimates as required.
The Bennett Brothers Yachts Marina is in a historical wharf location along the North East Cape Fear
River. Three sources of historical information include: "The Big Book of the Cape Fear River" by Claude
V Jackson III, based on a 1993-94 U.S. Army Corps of Engineering cultural resource project and a NC
DEHNR funded Underwater Archeology Unit cartographic study and submerged cultural resources
survey; a 1902 Wilmington Chamber of Commerce Report, which has been scanned and available on
the internet; and the Cape Fear Heart Pine website. Cartographic research of charts, maps and data
dating back to the 1600's are included in "The Big Book of the Cape Fear". More specifically, an 1873's
map of Wilmington shows a saw mill at the Bennett Brothers location. Several 1880's & 1890's reports
of the North East Cape Fear River also mention a ferry landing south of the Hilton Railroad Bridge at
Hilton Street, which is at the north end of the marina. An 1893 US Army Corps of Engineers chart/report
lists the name of the wharf immediately south of the Hilton Street Ferry as "Parsely's Mill Wharf".
The 1902 Chamber of Commerce report on page 62 lists the Hilton Lumber Company, formed in 1894
by William L. Parsely, located on the site which included approximately 15 acres; 1700 ff of river
frontage; railroad tracks running full length of the property; a 500 hp steam mill with 12,000,000 feet of
annual capacity of dressed pine and cypress; with ships being able to be loaded on at the wharf
directly from the mill. Further history indicates that William L. Parsely's father O.G. Parsley had founded
the business in about 1856, and that for a while the business was also called Parsely & Wiggins.
Page 64 of the same report shows a picture of a couple of large three masted schooners docked
further downtown in Wilmington. Page 24 is a summary of the Port of Wilmington, indicating that "the
deepest draft a vessel could draw in antebellum days was ten to twelve feet, now are often unloaded
ships at the wharfs up to twenty feet, and this without detention". Approximately half the vessels were
steam, the other half sailing vessels. Pages 11 and 12 talk about the lumber and shingle business(es) in
Wilmington. In 1901, of the 42,000,000 feet of lumber shipped from Wilmington, the amount of lumber
shipped coastwise was 33,000,000 feet, with another 9,000,000 feet being dispatched to foreign
countries.
The Hilton Lumber Company provided about'/, of the area total of lumber. While no mention of vessel
size was indicated for the wharf for the Hilton Lumber Company, it would appear that vessels drawing
at least ten to twelve feet, if not greater in draft were commonly docked at the site. At the south end
of the site, there was a ramp/wooden slipway at which the logs from "log rafts" or from barges were
dragged up into the mill. There was no direct mention of dredging, but large vessels did use the site
for many years. According to the Cape Fear Heart Pine website, logs occasionally fell off of barges,
and/or got stuck amidst the wharf piles. Machinery in the 1800's and early 1900's was not such that
such lost logs could be easily retrieved. With time, they sunk or got mired along the river bottom.
According to the deed for the property, Bennett Brothers Yachts purchased the site from Corbett
Industries. Corbett Industries among other things is/was in the timber/lumber business, and presumably
also used the site for bringing upstream timber to their mills and/or shipping finished lumber out.
Another historic note is that the site was part of the Hilton Plantation owned by William Hilton in 1663,
and later owned by Cornelius Harnett in the 1770's. William Parsley of the Hilton Lumber Company is
the namesake of William L. Parsley Elementary School in New Hanover County.
REC.;,
APR 17 2009
CAMA#90-97 Bennett Brothers Yachts Major Mod Maintenance Dredging Narrative: Page 2
In an October 2008 multi-agency project scoping meeting about maintenance dredging of the
Bennett Brothers Yachts Marina, it was brought up that at least a portion of the site was considered to
be in a primary nursery area (PNA). Any portion of the marina riverward of the navigation channel
dredging setback line was considered outside of the PNA as it was construed as disturbed area. We
were tasked to find proof that dredging/disturbance had occurred closer to shore. Historically
speaking we believe it to be the case based on the long term site use as a saw mill/loading wharf. The
deep draft lumber vessels and the dragging of logs undoubtedly were indications of this. More recent
is the original CAMA #90-97 permit condition #5 regarding the wharf and crib structure. Pile removal
was allowed, and item c allowed for other historical finds. There are still some pile remnants visible east
of the south main dock of the prior wharf.
Evidentially, among the timber piles hundreds of submerged logs were found and subsequently pulled
from the river bottom. This "6verwood" was as large as a 5' diameter cypress, several hundreds of
years old. Removal of timber piles and harvesting of riverwood was in two major stages with CAMA
knowledge. First in 1997-1998 when Phase One, the northern part of the marina (slips A-U) were
constructed. Phase Two, the southern (numbered) slip construction/pile removal occurred in 2005.
Additionally, riverwood was somewhat continuously removed from the southern portion of the site
between 1998 and 2004 by a Mr. Pete Davida, of Riverwood Co., who had his own permit allowing
harvesting of 6verwood along the Cape Fear and the North East Cape Fear River. Note that there is
believed to be an 11" x 17" hand drawing that Paul Bennett provided to CAMA that indicated timber
pile locations. I do have a copy of correspondence between the site developer Yerkes Construction,
Inc and the North Carolina Underwater Archaelology Unit, April 27, 1998 referencing Permit Number
97NER595, giving notice of intent to remove an old abandoned steel barge from Underwater
Archaelogy Unit Site #0038NER. This was submerged in the area north of the travel lift pit. It had to be
cut up to be removed from the river bottom.
Another item of disturbance since Phase One of the marina was completed was the collapse of a City
of Wilmington storm drain at the extension of Compton Street, near slips M-O. This sent a lot of silt into
the river, and is part of the problem for the northern docks bottoming out at low tide.
The western edge of the marina slips/tee-heads are per permitted "Revised Slip Layout 6-17-97". Army
Corps of Engineers letter dated 8-15-97 references the agreed on position. The channel dredging
setback is approximately 140 ft, the agreed setback 112'. Thus, the western third of the marina is
already located in an area of existing allowed dredging by virtue of being between the navigation
channel and the dredging setback line. See reference drawing R-1. As mentioned previously, the
marina also is part of the urban waterfront indentified in the Wilmington-New Hanover County 2006
CAMA Plan Update and the Wilmington Vision 2020 Plan. This allows the exception in a PNA for
maintenance dredging where there is a water dependent need. We believe that a working
boatyard/marina permitted in 1997 prior to the 1997 Cape Fear River Corridor Plan and 2004
Wilmington Vision 2020 Plan qualifies as water dependent. The site's purpose has been as a
wharf/vessel dockage/ferry landing area for well over a century.
In further support of this maintenance dredging request, we feel that having the floating docks float,
will be better for protecting water quality than having them rest aground twice a day. The removal of
piles, riverwood and the barge indicates that what we are proposing is not new excavation. The
width of the river is not being increased to create new or expanded use of the channel. We are just
trying to define and return to what we believe was the original depth of the marina footprint.
E EII
APR 17 2009
D CM WiLMING-TON NC
CAMA490-97 Bennett Brothers Yachts Major Mod Maintenance Dredging Narrative: Page 3
Previously I mentioned that the landward side of the majority of the main docks is requested at a
dredge depth of -6 MLW. The two exceptions to this are the 161' long "U- dock" at the north end of
the marina and the 109' long southernmost main dock. Both of these have slips to the landward side,
and both already exist at a depth greater than -6' MLW. The landward side of U-dock is presently at -
9' MLW to -10' MLW. We ask to be allowed to define the allowed dredge depth to this landward side
as -10' MLW, which equates to approximately -12' MLW on the river side. A sailing vessel longer than
100' could easily have a 12' keel draft. At the southern end of the marina, likewise there is existing -8'
MLW depth to the landward side. We would like to designate the last 109' of the main dock with this
present -8' MLW depth. As such, dredging would not occur under U-dock during this first dredging
cycle, and only minor touch up is needed under the southernmost main dock.
The Mean Low Water Depth of -12' is our dredge limitation within the slips, i.e. we will start at -6 MLW at
the main dock landward edge, and dredge in an approximate straight line taper until we intersect the
existing -12 MLW contour. For the proposed 2009 dredging, this 87,000 sf (2.0 acre) red hatched area
of proposed disturbed area on drawing C-1 has an approximate volume of 6500 cu yds.
C'WOLI.A.
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APR 17 2009
Dc;M WILMINGTON, NC
CAMA#90-97 Bennett Brothers Yachts Major Mod Maintenance Dredging Narrative: Page 4
Bruce Morek, P.E.
5489 Eastwind Rd
Wilmington, NC 28403
910-799-9245
May 15, 2009
Project Narrative: Bennett Brothers Yachts/Cape Fear Marina Request for Major Modification to CAMA
Permit #90-97 for Maintenance Dredging of Marina Slips: Additional Narrative for Spoil Basin
Drawing C-3 has been revised on 5-15-09 (Rev 1) to reflect comments as to spoil basin sizing. I have
increased proposed length of basin from 298' to 322', in the direction parallel to J.E.L. Wade Drive. The
slope of the hill inside of the boatyard fence has long been stabilized with rip-rap and/or concrete
walls. Thus, the proposed basin is more akin to a three sided basin than a stand-alone spoil basin.
Reference photos show this riprap stabilization and the concrete walls.
From the known surveyor benchmark of 10.68 on the travel lift pier, the boatyard elevation is in the 10'
to 12' range. Road elevation of J.E.L. Wade Dive appears to be at least 30', with a possible centerline
elevation at the intersection of Compton Street & J.E.L. Wade Drive of 35.45'. There is a concrete wail
of approximate 4' height that runs along a portion of the marled boatyard and at the office. Using
the base of this concrete wall as local grade = basin 0' elevation, top of berm is now set at +16' local
grade. The tall retaining wall along J.E.L. Wade is +19' local grade. Allowing for 2' of freeboard over
a 2' water height, volume calculations for spoil are based on top of spoil elevation +12'. To create the
three sided berm, existing soil will be excavated from the site to 2' below local grade (-2'). This gives us
a storage height of 14'. From Autocad listing of areas, this top area is 24000 sf (236' length x avg 96'
width). Bottom area at -2' local grade = 10900 sf by Autocad listing. Bottom dimensions are 180'x
approx 60'.
Volume based on 14' height x ((24000 sf + 10900 sf)/2)= 244300 sf. Dividing by 27 = 9050 cu yds. Thus,
basin as drawn is 9050/6500 = 1.4 x estimated dredge volume for the first dredge sequence. It is
anticipated that the spoil basin will probably built to a lower height than shown, and then build up the
height with spoil or spoil/soil mixture after the first dredging.
Based on an abundance of poison ivy seen at the site, we may find that after the site is bush hogged
that we have more favorable site conditions than I have conservatively based my design on. We will
also consult with the dredger once one is selected. However, we do have the capacity to store the
required dredge material on site. Bennett Ventures, a sister company, owns property across the street
on the other side of J.E.L. Wade Drive that could also be utilized for a spoil basin. Next door neighbor
to the north, Harnett Landing, may be an additional source for spoiling or disposal, as they will most
likely require fill for their eventual site work. 11,1,,1to,
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RECEIVED
DCM WILMINGTON, NC
MAY 1 5 2009

Dudley monument at an expense of $800 and the Weathersby monument costing $700_ These are but a selection of many
hundreds which have been put up by the house. The firm do an extensive trade in stone for building purposes, and they are now
supplying the stone for the new Murchison National Bank, now in course of erection here. Mr. R. D. Tucker is a gentleman of
practical experience in his business, with a thorough knowledge of the trade with which he has been identified for twenty-five
years. The pride of a house is in it work and every detail is carefully overlooked by the proprietor to ensure perfection and artistic
excellence in every instance.
HILTON LUMBER COMPANY,
Manufacturers of Lumber, Wilmington, N. C.
This business was founded about 1866 by Mr- 0. G. Parsley. Later the firm title was changed to Parsley & Wiggins and
subsequently Mr- W- L_ Parsley became the sole proprietor. Finally, in 1894, the Hilton Lumber Company was organized with Mr.
W_ L. Parsley, the son of the founder, as president and Mr. R. A. Parsley, his grandson, as secretary and treasurer. The plant of
the company covers about fifteen acres, with 1700 feet frontage on the river- The mechanical equipment is operated by steam of
600-horse power capacity. The machinery and appliances throughout are of the latest improved and best character. The tracks of
the Atlantic Coast Line and Seaboard Air Line runs the entire length of the property, and ships can be loaded direct from the mill.
The capacity of the mill is about 12,000,000 feet of dressed North Carolina pine and cypress lumber annually- About two hundred
men are given employment at the mill and at the logging camps. The trade of the house is largely in New York and New England,
and other Northern points- The company have also a factory for the manufacture of crates for shipping strawberries, etc. They turn
out about 76,000 crates during the fruit shipping season. The gentlemen at the head of the enterprise are well qualified by
experience to conduct the business- Mr. W. L Parsley has been connected with it since 1876 and Mr. R. A_ Parsley has had
about ten years' experience of its details.
I U Q1 r% A IU

APR 17 2009
01114
Page J D, McEACHERN,
Wholesale Grocer and Naval Stores, 204 and 206 North Water Street,
Prominently engaged in the wholesale grocery trade here is the enterprise of Mr_ D_ McEachern, who commenced
operations in 1501 Since that period he has succeeded in consolidating a business which has become permanent and which has
gained the favorable consideration of the trade generally. Premises are utilized at the above address, which comprise two floors,
and which occupy an area of 40x 120 feet- The stock comprises a full assortment of hea+,y groceries, such as canned and pickled
meats corn, hay, flour, sugar.. molasses, tobacco, snuffs. etc-, all of which are derived direct from first hands and original sources
of supply, and are placed at the disposal of the trade at the very lowest market prices- The trade of the house extends throughout
I
k
X

1-1, 27,?' . x"
!r`ww.
[D_ McEachern, Wholesale Grocer and Naval Stores, 204 and 206 North Water Street]
a radius of 150 miles from Wilmington, and is represented on the road by commercial travellers- A special department of the
business is in naval stores- Mr_ twIcEachern buys and sells these commodities and also handles them on commission. He invites
consignments of the same, making liberal advances as required, and his facilities enable him to assure quick sales and prompt
returns- He carries a large stock and all orders are filled to the satisfaction of shippers- Mr, McEachern, the sole proprietor of this
business, is identified with a number of othe interests, which have contributed in no small measure to Wilmington's facilities and
welfare- Thus, he is president of the Cape Fear and Peoples' Steamboat Company, a freight and maid line, plying between
Wilmington and Fayetteville, and he is chairman of the Board of County Commissioners- He is a member also of the Chamber of
Commerce and the Produce Exchange, and may be said to be generally active in all that would contribute to the city's
advancement and progress- Referring again to the business, we may say that in all that conduces to the interests of his patrons,
he is in every way active, assuring them every inducement in the way of terms and prices, along with fair dealing, and every
courtesy and attention-

APR 17 2009
J C M ON ; 'ON
Page Z
The Port of Wilmington.
Wilmington is well known among the Southern ports of the Atlantic coast line of North America, achieving a prominent place
as long ago as the beginning of the past century- The calamities of war and the enlargement of sea-going vessels, requiring
deeper water than it could offer, reduced it for a time in importance. But the enterprise of its merchants and the successful work of
the government have completely removed the retraints on its commerce, but there is still room for deeper water, and there is every
reason to hope that the facilities will be still further enhanced in the near future. The deepest draft a vessel could draw in ante-
bellum days was ten to twelve feet, now are often unloaded ships at the wharfs up to twenty feet, and

LUTHERAN CHURCH.
this without detention, with the result that the annual tonage is steadily increasing.
The following figures give some idea of the growth and development of the shipping interests of the port- In 1898 the tonnage
of seagoing American vessels entering and leaving this port was 106,000 tons, 62,000 tons of which were steam vessels. Foreign
tonnage was 84,817 tons, of which 62,000 tons were steam. Total tonage for year, 190,012 tons. In 1899, American tonnage
120,000 tons, of which 77,000 tons were steam; foreign, 62,476 tons, of which 46,052 were steam, numbering 27 vessels. Total
tonage for 1899, 182,000. In 1900 there were 129,000 tons American, 57 steamers, of 70,000 tons; foreign, 36 steam ships,.
aggregating 61,000 tons- Total tonnage 1900, 261 vessels, amounting to 212,385 tons. In 1901, there were 234 American vessels
of 194,933 tons, of which 113 were steam, aggregating 145,150 tons- Foreign, vessels of 80,055 tons, of which 40 were steamers,
amounting to 67,027 tons. Grand total for 1901, 307 vessels of 24,988 tons- The above refers to sea-going vessels.
RECEIVE
APR 17 2009

Lumeer ana ziningies.
The lumber and kindred interest of Wilmington may be said to rank among the fi rst in the importance and volume of
transactions effected- Throughout this and neighboring states there are vast lands upon which the supply of standing timber is
enormous. There are hundreds of mills in operation throughout this territory and much of their product is shipped to this city or is
marketed through the efforts of the timber agents here. or in other cases, the lumber is manufactured in Wilmington and shipped
to all parts. During the year 1901 the amount of lumber shipped from here was 42,695,644 feet. of
Page r
1
which 33,316,447 feet went coastwise, the remainder, 9,379,197 feet. being dispatched to foreign countries. This, however, does
not represent the whole of Wilmington's lumber trade, large quantities being sold through the agency of Wilmington houses and
dispatched direct to destinations from the mills. In shingles, 5,614,940 were shipped to domestic points and 1,161.950 went
abroad. The lumber trade of
FIRST BAPTIST CHURCH.
Wilmington is not by any means dependent upon the home demand, large quantities going as will be seen above, to foreign
countries- The long leaf yellow pine and short leaf pine, are the principal varieties handled and there are the best varieties for all
kinds of building material and house finish, and are particularly well suited to the foreign demand. Lumber, timber and shingles are
shipped from Wilmington to the West Indies and South and Central America, the ships returning

APR 17 2009
D C NC

Bruce Marek, P.E.
5489 Eastwind Rd.
Wilmington, NC 28403
Approximate Dredge Volume Calculations for Bennett Brothers Yachts, Inc./Cape Fear Marina
Location D1 is at North End of Marina (North End of "U-Dock"); D27 is at South End of Marina
Length Is Distance between Measurement Locations Depth Measurement Date = 2/16/2009

ocation
I Appx Dist to
-12.0' MLW
From Dock
Landward Side MLW Depth
at Dock
Landward Edge
2/16/2009 Desired Depth
at Dock
INBD Edge Existing
Triangular
Profile
Area sf Proposed
Triagular
Profile
Area sf Dredge
= Profile
Differece

ength

olume
Di 10' -10.0' -10.0' 10 sf 10 sf 0 sf
D2A 10' -10.0' -10.0' 10 sf 10 sf 0 sf 155.0' 0 cu yds
D28 42' -0.5' -6.0' 242 sf 126 sf 116 s
D3 30' -0.3' -6.0' 176 sf 90 sf 86 sf 60.0' 223 cu yds
D4 37' 0.7' -6.0' 235 sf 111 sf 124 sf 30.0' 116 cu yds
D5 41' 0.0' -6.0' 246 sf 123 sf 123 sf 96.0' 439 cu yds
D6 44' 0.0' -6.0' 264 sf 132 s 132 s 96.0' 453 cu yds
D7 55' 0.0' -6.0' 330 s 165 sf 165 s 57.0' 314 cu yds
D8 43' 0.0' -6.0' 2S8 s 129 sf 129 sf 50.0' 272 cu yds
D9 44' 0.0' -6.0' 264 sf 132 s 132 5 32.0' 155 cu yds
D10 45' 0.1' -6.0' 272 sf 135 sf 137 sf 47.0' 234 cu yds
Dll 54' 0.1' -6.0' 327 sf 162 s 165 5 100.0' 559 cu yds
D12 73' 0.0' -6.0' 438 sf 219 s 219 sf 51.0' 362 cu yd
D13 75' -0.2' -6.0' 443 sf 225 s 218 s 46.0' 372 cu yds
D14 83' -0.2' -6.0' 490 sf 249 sf 241 sf 51.0' 433 cu yds
D15 48' -1.5' -6.0' 252 sf 144 s 108 sf 60.0' 387 cu yds
D16 48' -1.9' -6.0' 242 s 144 sf 98 sf 78.0' 298 cu yds
D17 22' -3.5' -6.0' 94 5 66 sf 28 sf 63.0' 147 cu yds
D18 37' -3.2' -6.0' 163 5 111 sf 52 sf 60.0' 88 cu yds
D19 50' -5.2' -6.0' 170 s 150 sf 20 sf 50.0' 66 cu yds
D20 43' -3.7' -6.0' f 129 s 49 sf 58.0' 75 cu yds
D21 36' -3.6' -6.0' 108 s 43 sf 60.0' 103 cu yds
D22 44' -3.0' -6.0' 132 sf 66 sf 108.0' 218 cu yds
D23A 52' -1
0' -6.0' P 156 sf 130 sf 71.0' 258 cu yds
D23B 52' .
-1
0' -6.0' 156 sf 130 sf
D24 51' .
-2
5' -6.0' 242s
f 153 sf 89 sf 127.0' 516 cu yds
D25 63' .
-3
0' -6.0' 284 s 189 s 95S f 70.0' 238 cu yds
D26 65' .
4'
-S -6.0' 215 sf 195 sf 20 sf 61.0' 129 cu yd
D27 63' .
-8.2' -8.0' 120 sf 126 sf -6 sf 117.0' 29 cu yds
Sums 1854' 649S cu yd
Round-Up = 6500 Cu yd
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APR 0 9 2009

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