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Home My WebLink About20080653 Ver 1_Other Agency Comments_20080910REPLY TO ATTENTION OF: Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 gr�s��C September 8, 2008% jJ, S '_ F' 1 fl 2�r)R Action ID No. SAW -2008-01955-010 Ms. Samantha Hughes 1750 Shallotte Point Loop Road Shallotte, North Carolina 28470 Dear Ms. Hughes: Please reference your application for Department of the Army (DA) authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899, to undertake regulated activities within Waters of the United States, for the purpose of developing The Point & C. W's Bar & Grill. Your application includes a proposal to reconfigure the existing docks and perform maintenance dredging within the existing marina, located at 1800 Village Point Road, adjacent to the Shallotte River and the Atlantic Intracoastal Waterway, near the Town of Shallotte, in Brunswick County, North Carolina. As you are aware, your proposed project is located in proximity to the intersection of two Federally -authorized Navigation projects: Shallotte River, North Carolina and Atlantic Intracoastal Waterway, North Carolina (AIWA). The U.S. Army Corps of Engineers (Corps), Wilmington District is responsible for ensuring that piers, docks, or any other waterfront structures do not interfere with vessel traffic or dredging operations along these Federal Navigation channels. As such, the Corps manages the location of these structures by establishing channel "setbacks" to ensure that such structures are constructed landward of these setbacks. In addition to the setbacks associated with each Navigation project, the Corps has also established a setback for the intersection between the Shallotte River and the AIWW. The purpose of the intersection setback is to ensure that vessels are able to navigate their turns from the Shallotte River channel to the AIWW channel and vice versa. Upon review of your proposal and in coordination with the Corps' Operations Division, we have determined that your project, as designed, does not meet the conditions of Regional General Permit (RGP) 198000291. Specifically, General Condition e. states "activities authorized by this general permit must not interfere with the public's right to free navigation on all navigable waters of the U.S. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than -2 - safety. In addition, General Condition k. states, "This general permit does not authorize the interference with any existing or proposed federal project". As you will note on the attached Figure, "Proposed Marina Conflict with Shallotte River and AIWW Setbacks", developed by the Operations Division, portions of your proposed project encroach into the channel set -back. If you wish to pursue your project under the Regional General Permit process, you must modify your proposal to meet the terms and conditions of this RGP. To assist you in a project re -design, we have attached another Figure, "Channel Setback for Shallotte River and AIWW", courtesy of the Operations Division, that depicts the State Plane Coordinates of the setback boundaries. If you decide to pursue your project as currently designed, we must proceed with evaluating your request under our Individual Permit process. Please be aware, however, that due to your project's conflict with the Corps' channel setbacks and Navigational concerns, the Regulatory Division may be unable to authorize (permit) the encroachments. As such, we request that you submit to this office, within 30 days of receipt of this letter, either a modified proposal to qualify for the RGP or an Individual Permit request. In addition, we ask that you submit a copy of your response to the North Carolina Division of Coastal Management, see addresses below. If we do not receive your response within the 30 -day timeframe, we will consider your application withdrawn and close the file. If you have any questions regarding these matters, please contact Mr. David Timpy, Project Manager at (910) 251-4634. Enclosures Copies Furnished (with enclosures): Jim Gregson Division of Coastal Management N.C. Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Sincerely, S. Kenneth Jolly, Chief Regulatory Division Doug Huggett Division of Coastal Management N.C. Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 -3 - Mr. Chad Coburn Division of Water Quality N.C. Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Molly Ellwood N.C. Wildlife Resources Commission SE Permit Coordinator 127 Cardinal Drive Extension Wil ' gton, North Carolina 28405 s. Ci Karoly Division of Water Quality N.C. Department of Environment and Natural Resources 2321 Crabtree Blvd, Suite 250 Raleigh North Carolina 27604-2260 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 Service Pivers Island Beaufort, North Carolina 28516 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 CWO Steve Lyons Staff Symbol: Aton 2301 East Ft Macon Rd. Atlantic Beach, NC 28512 Mr. Steve Everhart Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405