20071527 Ver 1_USACE Correspondence_20100104

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO January 7, 2010
ATTENTION OF: Regulatory Division

Action ID. SAW-2006-00293
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WETLANDS AND STOR?l,Qy E BRANCH
James Pyrtle
103 S. Lea Lily Court
Hampstead, North Carolina 28443
David Greer
103 S. Lea Lily Court
Hampstead, North Carolina 2844
Dear Messer's Pyrtle and Greer:
By copy of the North Carolina Department of Environment and Natural Resources
(NCDENR) letter to you dated November 3, 2007, we have learned that North Carolina Coastal
Management Consistency Certification for your proposed plans to dredge an access channel and
basin adjacent to the existing boat ramp, relocate the existing boat ramp, install a gravel
drive/parking area, perform maintenance dredging, and install eight channel markers at the
existing channel at Lot 7 and Road B on Pelican Walk (SRI 670), adjacent to the AIWW, Pecan
Grove Subdivision, in Hampstead, Pender County, North Carolina has been denied. The Coastal
Zone Management Act provides that no Federal permit may be issued for an activity within the
coastal zone where the State has denied a consistency certification. Accordingly, your
Department of the Army application is hereby denied, without prejudice, and your file has been
retired.
Additionally, we received unfavorable comments from the National Marine Fisheries Service
on your project (copy enclosed). An advance copy of these comments was emailed to you on
October 14, 2009. Their reaction to your proposal is the result of anticipated significant adverse
impacts. The Corps has similar concerns. These comments are provided to alert you to concerns
in addition to those identified in the State's denial letter. While appealing the State permit is the
next step in pursuing State authorization, you should be aware that Federal agency comments
will be unchanged by the outcome of that appeal. Should you be successful in obtaining a
consistency certification, you will have to resolve all issues raised by federal agency comments
before our decision can be made on your permit application.

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Mr. Dave Timpy of the Wilmington Regulatory Field Office staff is available to answer any
questions you may have or to assist you in developing a revised plan. Mr. Timpy may be reached
at telephone [phone].
Sincerely,
Jefferson M. Ryscavage
Colonel, U.S. Army
District Commander
Enclosures
Copies Furnished (without enclosures):
Ms. Cyndi Karoly
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Molly Ellwood
Southeastern Permit Coordinator
NCWRC/Habitat Conservation Program
127 Cardinal Drive
Wilmington, North Carolina 28405
Jessica Oneal
North Carolina Division of Marine Fisheries
127 Cardinal Drive Ext.
Wilmington, North Carolina 28405
Ms. Becky Fox
Wetlands Regulatory Section - Region IV
United States Environmental Protection
Agency
61 Forsyth Street
Atlanta, Georgia 30303