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Home My WebLink About20071453 Ver 1_Denial Letter_20071205o~-~~ p~ _ ~ x.53 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P. O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO December 5, 2007 Regulatory Division Action ID. SAW-2007-01678-065 Robert O. Hill, Jr. P O Box 615 Kinston, North Carolina 28504 Dear Mr. Hill: By copy of the North Carolina Department of Environment and Natural Resources (NCDENR) letter to you of November 2, 2007, we have learned that North Carolina Coastal Management Consistency Certification for your proposed plans to construct a private docking facility to accommodate nine (9) vessels adjacent to the AIWW as described by the CAMA application dated June 24, 2007 adjacent to the Atlantic Intracoastal Waterway in Masonboro Sound 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. Additionally, we received unfavorable comments from the United States Fish and Wildlife Service (copy enclosed). Their reaction to your proposal is the result of anticipated significant adverse impacts. The Corps has similar concerns. I have provided these comments to alert you to concerns in addition to those identified in the State's denial letter. While appealing the State permit is the next step in pursuing State authorization, you should be aware that Federal agency comments will be unchanged by the outcome of that appeal. Should you be successful in obtaining a consistency certification, all issues raised by agency comments will have to be resolved before a decision can be made on your permit application. -2- Mr. Dave Timpy of the Wilmington Regulatory Field Office staff is available to answer any questions you may have or to assist you in developing a revised plan. Mr. Timpy maybe reached at telephone (910) 251-4634. Sincerely, John E. Pulliam, Jr. Colonel, U.S. Army District Commander Enclosures Copies Furnished (without enclosures): Jimmy North Coastal Marine Construction 6314 Wrightsville Avenue Wilmington, North Carolina 28403 ~`Ms. Cyndi Karoly Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 North Carolina Division of Marine Fisheries Post Office Box 769 Morehead City, North Carolina 28557 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. Becky Fox Wetlands Regulatory Section _ Region IV U.S. Environmental Protection Agency 61 Forsyth Street Atlanta, Georgia 30303