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Home My WebLink About20110905 Ver 1_Other Agency Comments_20111118r REPLY TO ATTENTION OF Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON NORTH CAROLINA 28403-1343 Action ID No SAW 2005 00748 Uruted States Coast Guard Civil Engmeenng Umt Cleveland Attn J H Lang, Commanding Officer 1240 East Nmth Street Room 2179 Cleveland Oluo 44199 2060 Dear Mr Lang November 18, 2011 11- �qoS .� D �� v L� N� � � Y � 2011 DENR WATER Q�q��jy ��1ANDS,q�yD STpRMWATER BRANCH Please reference your application for the Department of the Army (DA) authonzation for maurtenance dredging to excavate approximately 2 2 acres (8 732 cubic yards) of matenal wrthin regulated navigable waters pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act specifically Morehead Crty Channel located at 2301 East Fort Macon Road Atlantic Beach Carteret County, North Carolma After review of your proposal the U S Fish and Wildlife Service sent a letter to the Corps dated October 20 2011 statmg no ob�ection to the proposal (copies enclosed) The North Carolina Department of Cultural Resources sent a letter to the Corps dated October 19 2011 stating they have no comment to the proposal of your application and plans (copies enclosed) The North Cazolina Division of Marine Fishenes sent an email to the Corps on October 27 2011 statmg they require that m near inlet sandy areas no dredging activrties will occur dunng an Apnl 1 to July 31 in water work moratonum (copies enclosed) The North Carolina Division of Coastal Management s letter dated October 29 2011 which was emailed to the Corps on November 8 2011 states that their consistency concurrence for the as needed maintenance dredgmg over ten years provided the special condrtions aze implemented (copies enclosed) The National Manne Fishenes Service emailed the Corps on November 14 2011 statmg they have no ob�ection to authonzation of the work as proposed (copies enclosed) Our admirustrative process provides you the opporturuty to propose a resolution and/or rebut any and all ob�ections before a final decision is made In this regazd I would appreciate being made aware of your mtentions m writmg Also on February 6, 1990 the Department of the Army (DA) and the U S Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) establislung procedures to determme the type and level of mrtigation necessary to comply wrth Clean Water Act Section r ,� 404(b)(1) Guidelines This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging practical alternative, second, takmg appropnate and prachcal steps to reduce impacts on waters and wetlands, and finally compensation for remaming unavoidable impacts to the extent appropnate and practical To enable us to process your application in compliance with the MOA we request that you provide the follovv�ng addrtional information a Permrts for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging practicable alternative Please furnish mformation regarding any other alternatives mcludmg upland alternatives to the work for wluch you have applied and provide �ustification that your selected plan is the least damaging to water or wetland areas b It is necessary for you to have taken all appropnate and practicable steps to minunize wetland losses Please indicate all th�t you have done especially regarding development and modification of plans and proposed construction techruques to mmimize adverse impacts c The MOA requires that appropnate and practicable mrtigation will be required for a11 unavoidable adverse impacts remaming after all appropnate and practicable mmimizahon has been employed Please mdicate your plan to mitigate for the pro�ected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropnate and practicable measures The aforementioned requested information is essential to the expeditious processmg of your application and should be forwarded to us wrthm two (2) weeks of your receipt of tlus letter If you have questions or comments please do not hesitate to contact me at telephone (910) 251 4637 Wilmington Regulatory Field Office Enclosure Smcerely � Chnsty Wicker Regulatory Specialist Wilmington Regulatory Field Office 3 Copies Furmshed (without enclosure) Mr Shelton Sullivan Division of Water Quality /� North Carolma Department of �� Environment and Natural Resources 1617 Mail Service Center Raleigh, North Carolma 27699 1617 Mr Stephen Rynas Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh North Carolma 27699 1638 Ms Joanne Steenhws Division of Water Quality North Carolma Department of Environment and Natural Resources 127 Cardinal Dnve Extension Wilmmgton North Cazolina 28405 Mr Pete Ben�amin U S Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolma 27636 3726 Ms Becky Fox U S Environmental Protection Agency 1307 Firefly Road Whittier North Cazolina 28789 Mr Ron Sechler National Marme Fishenes Service Habitat Conservation Division Pivers Island Beaufort North Carolma 28516