20060930 Ver 4_Other Agency Comments_20090602

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF: May 29, 2009
Regulatory Division
Action ID. SAW-2006-40204
Raeford Trask
1202 Eastwood Road
Wilmington, North Carolina 28403
Dear Mr. Trask:
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JUN 2, 2009
DENR -WATER QUALITY
WYETLANDS AND STORMWYAIER BRANCH
Through coordination with the North Carolina Division of Coastal Management (NCDCM),
we have learned of your request for your proposed plans to construct a private/community
kayak/canoe launch dock at Autumn Hall Town Center, located along the southside of Eastwood
Road (US 74), adjacent to an unnamed tributary to Bradley Creek, New Hanover County, North
Carolina. The proposed facility will encroach 25 feet into the creek; the creek is 50 feet wide.
On February 20, 2007, the Corps of Engineers issued a NWP 39 that authorized permanent
impacts to 0.115 acres of riparian wetlands and 147 linear feet of stream associated with the
construction of the Autumn Hall mixed used development. As required by this permit, on March
1, 2007 you provided our Office a recorded copy of the Restrictive Covenants and Wetland
Preservation Map to protect all the remaining Section 404 wetlands on the Autumn Hall property
in perpetuity. This instrument does not allow for any structures within the recorded preservation
area.
We have reviewed your request and determined that your proposal does not comply with the
recorded restrictive covenants for Autumn Hall. Thus, construction of the proposed kayak/canoe
facility within the preservation area would violate the terms and conditions of your previous
Corps permit authorization. Accordingly, consideration of your proposed canoe/kayak launch
dock would first require modification of your previous authorization.
Additionally, on March 16, 2005, we renewed general permit No. 197800056, (copy
enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks,
boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in
navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the
Rivers and Harbors Act of 1899.
-2-
We typically authorize activities similar to your proposal under this General Permit, however,
your proposed kayak/canoe launch dock will extend into the creek a distance of 25 feet where the
creek width is currently 50 feet. Therefore, it does not comply with our 1/3 width rule of this
permit as specified in special condition (d), and therefore cannot be authorized under this general
permit.
By copy of this permit we are notifying the NCDCM of our objections to your proposal.
Should you have any questions please call Ms. Emily Hughes at [phone].
Sincerely,
Enclosures
Copies Furnished (without enclosures):
Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
William T. Walker, Jr., Chief
Wilmington Regulatory Field Office
Mr. Ronald J. Mikulak, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
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
M . Cyndi Karoly
ivision of Water Quality
N.C. Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
Mr. Jim Gregson, District Manager
Wilmington Regional Office
N.C. Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
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Ms. Sarah King
N.C. Clean Water Management Trust Fund
1651 Mail Service Center
Raleigh, North Carolina 27699-1651
Ms. Kim Williams
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina 28403