20060137 Ver 1_General Correspondence_20060426

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF: April 17, 2006
Regulatory Division
Action ID No. 200600466
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T.L. .. ., ,...,
Carolina Marina Inc.
c/o Mr. Tim Ward
1512 Burnett Road
Wilmington, North Carolina 28409
Dear Mr. Ward:
Please reference your request for the Department of the Army (DA) authorization to
excavate a boat basin and access channel, reconfigure and enlarge an existing dock, relocate and
enlarge an existing boat ramp, replace bulkhead, install breakwaters and develop a marina
clubhouse with associated parking area at 1512 Burnett Road, adjacent to the Atlantic
Intracoastal Waterway, just south of the Carolina Beach Inlet, New Hanover County, North
Carolina.
After review of your proposal, the United States Fish and Wildlife Services (by letter dated
March 29, 2006); the National Marine Fisheries Service (by E-mail dated March 21, 2006);
Violet and Tim Ward and adjacent property owners (cover letter dated March 6, 2006, 171etters
total); and the North Carolina Division of Water Quality (by letter dated March 14, 2006) have
recommended revision of your application and plans (copies of the letters are enclosed). These
recommendations are due to anticipated adverse environmental impacts. Please provide a
response addressing this concern.
Our administrative process provides you the opportunity to propose a resolution and/or rebut
any and all objections before a final decision is made. In this regard, I would appreciate being
made aware of your intentions in writing.
Also, on February 6, 1990, the DA and the U.S. Environmental Protection Agency signed a
memorandum of agreement (MOA) establishing procedures to determine the type and level of
mitigation necessary to comply with Clean Water Act Section 404(b)(1) Guidelines. This MOA
provides for first, avoiding impacts to waters and wetlands through the selection of the least
damaging, practical alternative; second, taking appropriate and practical steps to reduce impacts
on waters and wetlands; and finally, compensation for remaining unavoidable impacts to the
extent appropriate and practical. To enable us to process your application, in compliance with
the MOA, we request that you provide the following additional information:

a. Permits for work within wetlands or other special aquatic sites are available only if
the proposed work is the least environmentally damaging, practicable alternative. Please furnish
information regarding any other alternatives, including upland alternatives, to the work for which
you have applied and provide justification that your selected plan is the least damaging to water
or wetland areas.
b. It is necessary for you to have taken all appropriate and practicable steps to minimize
wetland losses and adverse impacts to waters of the United States (fishery resources). Please
indicate all that you have done, especially regarding development and modification of plans and
proposed construction techniques, to minimize adverse impacts.
c. The MOA requires that appropriate and practicable mitigation will be required for all
unavoidable adverse impacts remaining after all appropriate and practicable minimization has
been employed. Please indicate your plan to mitigate for the projected, unavoidable loss of
waters or wetlands or provide information as to the absence of any such appropriate and
practicable measures.
The aforementioned, requested information is essential to the expeditious processing of your
application and should be forwarded to us within two (2) weeks of your receipt of this letter.
I am responsible for processing your application and available to assist you in coordinating
with the review agencies. If you have any questions you may call me at [phone].
Sin erely,
Vv
Henry Wicker, Project Manager
Wilmington Regulatory Field Office
Enclosures
Copy furnished (with enclosures):
Land Management Group Inc.
Post Office Box 2522
Wilmington, North Carolina 28402
Copies Furnished (without enclosures):
Mr. Pete Benjamin
US Fish and Wildlife Service
Ecological Services
Post Office Box 33726
Raleigh, North Carolina 27636-3726

Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Mr. Ron Sechler
National Marine Fisheries Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
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