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HomeMy WebLinkAbout20060137 Ver 3_USACE Correspondence_20111013REPLY TO ATTENTION OF: Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 (o? - o? 31 V 3 Vim- r 2v 1 1 October 5, 2011 Action ID No. SAW-2006-00466 and State Permit No. 2-07 Carolina Marina Inc. c/o Mr. Tim Ward 1512 Burnett Road Wilmington, North Carolina 28409 Dear Mr. Ward: o r= (r--,,, -1 D5 DENR - WATER QUALITY" WETLANDS AND STOMMATER BRANCH By copy of the North Carolina Department of Environment and Natural Resources (NCDENR) letter to you dated September 21, 2011 (copy enclosed), we have learned that the North Carolina Coastal Management Consistency Certification for your proposed permit modification to extend the previously authorized floating dock an additional 32 feet into the AIWW, the northern forklift support pier an additional 35 feet into the AIWW, and the southern forklift support pier an additional 25 feet into the AIWW 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 request to modify your Department of the Army permit 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. -2- Mr. Dave Timpy of the Wilmington Regulatory Field Office staff is available to answer any questions may have or to assist you in developing a revised plan. Mr. Timpy may be reached at (910) 251-4634. Sincerely, Steven A. Baker Colonel, U. S. Army District Commander Enclosures Copies Furnished (with 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 Ms. Deborah Wilson North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Becky Fox Wetlands Regulatory Section - Region IV U.S. Environmental Protection Agency 61 Forsyth Street Atlanta, Georgia 30303 Chad Coburn Division of Water Quality North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Pete Benjamin U.S. 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 Ms. Karen Higgins Division of Water Quality / North Carolina Department of Environment and Natural Resources 2321 Crabtree Boulevard, Suite 250 Raleigh, North Carolina 27699-1650