19961054 Ver 2_Other Agency Comments_20100108

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF: '.7 January 6, 2010
Regulatory Division
Action ID. SAW-2009-01242
Tricia Bennett
Bennett Brothers Yacht, Inc.
1701 J.E.L. Wade Drive
Wilmington, North Carolina 28401
Dear Ms. Bennett:
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By copy of the North Carolina Department of Environment and Natural Resources
(NCDENR) letter to you dated December 23, 2009, we have learned that the North Carolina
Coastal Management Consistency Certification for your proposed plans to hydraulically dredge
an area 1,854' X 47' to a depth of -12.0 ft MLW within the footprint of the existing marina at
Bennett Brothers Yachts, Inc, adjacent to the Cape Fear River, on the northeast side of the
Isabella Holmes Bridge, Wilmington, New Hanover 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 Ms. Cyndi Karoly
Division of Coastal Management vision of Water Quality
North Carolina Department of Xand rth arola Department of Environment
Environment and Natural Resources Natural Resources
1638 Mail Service Center 2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27699-1638 Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin Mr. Steve Everhart, District Manager
United States Fish and Wildlife Service Wilmington Regional Office
Fish and Wildlife Enhancement North Carolina Division of
Post Office Box 33726 Coastal Management
Raleigh, North Carolina 27636-3726 127 Cardinal Drive Extension

Mr. Ron Sechler Wilmington, North Carolina 28405
National Marine Fisheries Service Bruce Marek, P.E.
Habitat Conservation Division 5489 Eastwind Road
Pivers Island
Beaufort, North Carolina 28516 Wilmington, North Carolina 28403
Mr. Ronald J. Mikulak, Chief
Wetlands Section - Region IV
Water Management Division
United States Environmental Protection
Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303