19961054 Ver 2_Other Agency Comments_20100816

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
Regulatory Division
August 10, 2010
Action ID SAW-2009-01242 and State Permit No. 90-97.
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Dear Mr. Sechler:
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D6NR - WATER QUALITY
WETLANDS AND STORhY A; ER BRANCH
Please reference the Bennett Brothers Yacht, Inc's application for a Department of the Army
permit to hydraulically dredge 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 and your email
dated August 18, 2009 regarding this project.
As you are aware, the application for the subject project was emailed to the federal agencies
for comment on July 1, 2009. The proposed project involved excavation of approximately 2
acres of estuarine bottom in an area designated as a primary nursery area (PNA) for species
managed by the North Carolina Division of Marine Fisheries and an area designated as Essential
Fish Habitat (EFH) for Federally managed species such as bluefish and summer flounder. By
email dated August 18, 2009, the NOAA Fisheries Service recommended against Department of
the Army (DA) authorization of the proposed project. By letter dated November 3, 2009, the
applicant was provided a copy of your comments, advised the Corps has similar concerns, and
provided an opportunity to respond to these concerns.
On December 23, 2009, the North Carolina Division of Coastal Management denied the
applicant's permit request. Accordingly, by letter dated January 6, 2010 the Corps denied,
without prejudice, the applicant's DA permit application. By variance of the Coastal Resources
Commission (CRC), the Division of Coastal Management issued a CAMA Permit on July 13,
2010 that allows for excavation not to exceed -4.5 ft MLW at the landward side of the docks;
with the depth of excavation gradually increasing to -12.0 MLW at the outer edge of the
connecting waters. A copy of this permit is attached.
On July 26, 2010, we received a request from the applicant to re-activate its permit
application (copy attached). This request reduces the proposed dredge depths from -6.0 ft MLW

-2-
to -4.5 R MLW and the respective dredge volumes from 6,700 cy to 4,400 cy. The applicant's
request also includes a mitigation proposal consisting of the placement of approximately 25 tons
of class B riprap at the northern end of the project site. These revisions are considered the
applicants response to concerns stated in your email dated August 18, 2009 and our letter dated
November 3, 2009. Please review the applicant's response and provide the Corps your
comments and concerns on or before September 10, 2010.
Thank you for your time and cooperation. I can be reached at [phone].
Sincerely,
Dave Timpy
Project Manager
Enclosure
Copies Furnished (without enclosure):
Bruce Marek, P.E.
5489 Eastwind Road
Wilmington, North Carolina 28403
Ms. Cyndi Karoly
Division of Environmental Management
North Carolina Department of
Environment and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557

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Dr. Steve Everhart
Division of Coastal Management
North Carolina Department of Environment,
Health, and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Jessi O'Neal
North Carolina Division Marine Fisheries
127 Cardinal Drive Ext.
Wilmington, North Carolina 28405
Copies Furnished (with, enclosure):
Ms. Becky Fox
United States Environmental
Protection Agency - Region 4
1307 Firefly Road
Whittier, North Carolina 28789
Commander
United States Coast Guard
Sector North Carolina (WWM)
2301 East Fort Macon Road
Atlantic Beach, North Carolina 28512
Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Pace Wilber
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110