19961054 Ver 2_More Info Received_20090810

Bruce Marek, P.E.
5489 Eastwind Rd
Wilmington, NC 28403
910-799.9245
Aug 6, 2009
Mr. Chad Coburn
NC DENR DWQ
127 Cardinal Drive Extension
Wilmington, NC 28405
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AUG 1 0 2009
DEW - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Re: DWQ Project # 96-1054v2 and CAMA Permit # 90-97 Major Modification Submittal for Marina
Maintenance Dredging, Bennett Brothers Yachts, Inc. 1701 J.E.I. Wade Drive:
Dear Mr. Coburn,
This letter is in response to your July 16, 2009 request for more information regarding the Bennett
Brothers Yachts CAMA 91-96 Major Modification Request for maintenance dredging of their marina
within the existing footprint of the marina. Per our phone conversation, on behalf of Bennett Brothers
Yachts, we do intend to continue pursuing this maintenance dredging in order to reinstate the depths in
the slips at low water that existed when the docks were installed. We have been working through
CAMA, as lead agency, to state our case for this dredging, which is allowable, through exemption for
maintenance dredging for marinas in an urban waterfront. CAMA has confirmed that they consider
this marina, at 1701 J.E.L. Wade Drive, Wilmington to be part of the Wilmington Urban Waterfront
and the Wilmington Industrial Waterfront.
Item #1 of your request for more information indicates that your office is concerned that the proposed
dredging is in areas of Primary Nursery Area (PNA's) that have not been previously dredged, and that
our project would cause significant adverse impacts of the primary nursery area, which would be
considered a degredation of water quality.
There is a recently published book "The Big Book of the Cape Fear River" by Claude V. Jackson III,
based on a joint 1993-94 U.S. Army Corps of Engineering and NC DENR Underwater Archaeology
Unit cartographic study and submerged cultural resources survey. This book provides much historical
data of the site that wasn't readily available for use in the permitting process back in 1997. Also,
when the marina was first permitted in 1997, the internet was not yet as powerful a search tool as it is
today. Internet searches, based on information gathered from "The Big Book of the Cape Fear River"
indicated the long time use of the site on the North East Cape Fear River as a lumber mill, dating back
to the 1860's (Parsely's Mill). By the early 1900's, Hilton Lumber Company was a major Wilmington
Industry, with wharves serving steamships and schooners loading lumber for delivery throughout the
East Coast, the Caribbean and other foreign countries. Two railroad lines ran to the property and along
its 1700 ft length. Logs were "rafted" and brought downstream, to be rolled up a ramp a wooden
slipway to the sawmill. Barges also brought timber downstream for unloading at the site. A ferry ran
from the north end of the property at Hilton Street to across the river. The predecessor to the Isabel
Holmes Bridge at the south end of the site was constructed in the late 1920's. Prior to that, the Bennett
Brothers Yachts site was truly a part of the vibrant downtown Wilmington waterfront. The Hilton
Railroad Bridge, approximately 700 ft upstream and Smith Creek, were the northern Limits of
Wilmington. It appears that Corbett Timber Company was the successor to the Hilton Lumber Mill,
with Corbett Industries still owning several timber processing buildings nearby along Smith Creek and
on Castle Hayne Road. Bennett Brothers purchased the site from Corbett Industries.
I go through this "found history" in response to the site as not being previously dredged, and that
dredging would cause a significant adverse impact to the primary nursery area. While actual dredging
records for the site have not been found, a considerable portion of the marina is in an allowed dredge
zone of the side slopes of the navigation channel. The site also has a long history of being bulkheaded,
with much of the wood bulkhead being removed, along with several hundred piles that formed the
foundation for the wooden wharves when the marina was constructed. The installation of the timber
piles and the bulkhead today would be considered as a disturbance, as well as their subsequent
removal. Along with the removal of bulkhead and piles, the marina site contained much "riverwood",
submerged logs that either fell off barges during offloading, or didn't successfully make it up the
slipway to the saw mill. A link to the Bennett Brother Yachts Website shows a 5' diameter Cypress
log that was harvested from the site. Not really dredging, but really the same if not more severe
disturbance. Bennett Brothers Yachts was allowed by their permits to harvest this riverwood (often
found when trying to drive piles), and they also subsequently used another firm that was similarly
permitted to harvest riverwood.
Included with this letter is a copy of a fax letter from Yerkes Construction, Inc. on April 27, 1998 to
the State Underwater Archaeology Unit as advance notification that a semi-submerged barge was to be
removed. Along with the longtime ferry usage from the northern end of the site, this area has had
continued recorded disturbance for over 150 years.
The late Paul Bennett had studied the history of this location prior to and after purchasing the site for
his boatyard/marina. He unfortunately died from cancer two years ago. A lot of the knowledge of the
construction and the initial permitting discussions of the marina are lost with his passing. His wife,
Tricia (Patricia Donovan) Bennett, is now president of Bennett Brothers Yachts, Inc., the CAMA
Permit Holder. The marina is a closed head marina, includes multiple in-dock pump out stations, and
has recently received North Carolina's Clean Marina designation. The boatyard has an innovative
system for waste-water treatment for the pressure wash- down pad.
We do understand that there are areas of downtown Wilmington, south of the Holmes Bridge that have
been deemed "no longer functioning PNA". While the 1997 permits indicated the Bennett Brothers
Yachts marina site as PNA, based on the now available history of the site and past usages/disturbances,
coupled with the best management practices that Bennett Brothers Yachts employs, we feel that
maintenance dredging of the existing footprint of the marina would not be a significant adverse impact
or degradation of the water quality.
Thanks in advance for your kind for your attention to this matter. If you have any questions, please
call me at 910-799-9245 or cell 910-228-2484 or email me at [e-mail]
till
Bruce Marek, P.E.
Cc: Tricia Bennett, President, l3enne t?thers. Yachts, Inc.
Holley Snider, CAMA; Rich Cariaente? F; MQiedlwood, NCWRC; Ian McMillan, 401 Wetlands Unit
From: CG Yerkes To: Bennett Brother's Yachts Date: 4/27/1998 Time: 12:15:22 PM Page 2 of 2
ERKES
CONSTRUCTION, INC
April 27, 1998
North Carolina Underwater Archaeology
PO Box 58
Kure Beach, NC 28448
Re: Permit Number 97NER595
Dear Sirs:
This is a statement of official notification as required by the above referenced permit. We hereby
give notice that an abandoned barge is to be removed from Underwater Archaeology Unit Site
#0038NER on or about May 4, 1998.
If there are any questions regarding this matter please feel free to call the office at 772-9343.
Regards,
Leigh Anne Lowder
Office Assistant
cc: Bennett Brothers Yachts/Paul Bennett