20090886 Ver 1_USACE Comments_20100108

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF January 6. 2010
Regulatory Division
Action ID. SAW-2009-01536
Richard Pascal
260 Outback Road.
Chapin, South Carolina 29036
Dear Mr. Pascal:
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RAlYCH
By copy of the North Carolina Department of Environment and Natural Resources
(NCDENR) letter to you of November 24, 2009, we have learned that the North Carolina Coastal
Management Consistency Certification for your proposed plans to construct a docking facility
consisting of a 770' pier with a 16' X 16' "T"-Head, (2) 13' X 16' boatlifts, a 20' X 6' finger
pier and 8' X 16' floating dock, at 206 Shoreline Drive East, over Jinks Creek to the Atlantic
Intracoastal Waterway (AIWW), in Sunset Beach, Brunswick 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.
Should you appeal and receive a North Carolina Coastal Management Consistency
Certification, the Department of the Army will review your project again for Federal
authorization.
Mr. Dave Timpy of the Wilmington Regulatory Field Office staff is available to answer any
questions. Mr. Timpy may be reached at telephone [phone].
Sincerely,
Jefferson M. Ryscavage
Colonel, U.S. Army
District Commander
Enclosures
Copies Furnished (without enclosures):
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
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
Mr. Ronald J. Mikulak, Chief
Wetlands Section - Region IV
Water Management Division
United States Environmental Protection
Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
M . Cyndi Karoly
,vision of Water Quality
orth Carolina Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27699-1650
Mr. Steve Everhart, District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Stephen Conway
Southeastern Coastal Construction
157 Rogersville Road
Wilmington, North Carolina 28403