19961054 Ver 2_Public Notice Comments_20110705 (56)

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t.AY 2 5 2011
v,FG W?LM. FLD. OFC.
Beverly Eaves Perdue, Governor
Linda A. Carlisle, Secretary
Jeffrey J. Crow, Deputy Secretary
May 20, 2011
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North Carolina Department of Cultural Resources
State Historic Preservation Office
Claudia Brown, Acting Administrator
Office of Archives and History
Division of Historical Resources
David Brook, Director
Dave Timpy
Wilmington District
US Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28402
Re: Bennett Brothers Yachts, Inc., Maintenance Dredging at Cape Fear Marina, 1701 J. E. L. Wade Drive,
Wilmington, New Hanover County, ER 04-3074
Dear Mr. Timpy:
We have reviewed the proposal to limit the depth and area of dredging from the earlier proposed 6 feet depth
just landward of the primary dock to an outward contour at 12 feet depth during mean low water (1VII.W). We
feel that the current proposal limiting dredging to 4.5 feet just landward of the primary dock to the 11 foot
contour (MLW) for an estimated total dredged volume of 3942 cubic feet is an adequate compromise that will
allow the marina's continued operation while minimizing the potential impact to possible unknown maritime
archaeological resources.
We would like to notify you and the marina owner that this project should be undertaken with caution. As the
project narrative relates, this area has seen extensive maritime activity and the possibility exists that buried
archaeological material such as small watercraft may be buried within the sediment where the dredging is
proposed. If during dredging activity submerged archaeological materials are encountered, it is the
responsibility of the Army Corps of Engineers-Wilmington District to notify us immediately, pursuant to
Section 106 of the National Historic Preservation Act of 1966. In addition, the area is protected by North
Carolina legislation (G.S. 121-22 to 28, Article 3: salvage of abandoned shipwrecks and other underwater
archaeological materials on all bottoms from low water to one marine league seaward, and bottoms of other
navigable waters). This law is supported by the Abandoned Shipwreck Act of 1987 (P.L. 100-298) which gives
the state jurisdiction over a broad range of living and nonliving resources in state waters and submerged lands,
including certain abandoned shipwrecks, which have been deserted and to which the owner has relinquished
ownership rights with no retention.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. 1n all future
communication concerning this project, please cite the above-referenced tracking number.
Sincerely,

,i i Claudia Brown
Location: 109 East Jones Street, Raleigh NC 27001 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599