20071938 Ver 2_Email between DWR and Consultant on Clarification of Add Info_20181220

From: Scarbrauoh, Anthony
To: "Dennis Fornes"
Cc: Bodnar, Grego; May, David; seafood (Ou lchersnc. net; Pelletier. Josh R SAW (Josh. R.PelletierCabusace.army.mil);
Dunn, Maria T.; Staples, Shane
Subject: RE: [External] Re: Additional Information Request for Gideon Creek (DWR #07-1938 V2)
Date: Thursday, December 20, 2018 12:54:00 PM
Mr. Fornes,
Thank for your further clarification. Your response has adequately addressed item #2 of the
additional information request regarding the wastewater management system. Please note, this
Office will condition the 401 Water Quality Certification to address compliance with no wash down
and/or maintenance on the property until the necessary permitting requirements of 15A NCAC 02T
.0104 are met. Following the receipt of documentation that an NCG190000 has been submitted to
the Division of Energy, Mining, and Land Resources, DWR will take the CAMA Major application off
hold.
Regards,
Anthony Scarbraugh
Environmental Specialist II
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthony.scarbraughUncdenr.gov
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Dennis Fornes [mailto:[e-mail]]
Sent: Thursday, December 20, 2018 12:33 PM
To: Scarbraugh, Anthony <[e-mail]>
Cc: Bodnar, Gregg <[e-mail]>; May, David <[e-mail]>;
seafood @fulchersnc.net; Pelletier, Josh R SAW (Josh. R. [e-mail]1)
<Josh. R. [e-mail]>; Dunn, Maria T. <[e-mail]>; Staples, Shane
<[e-mail]>
Subject: [External] Re: Additional Information Request for Gideon Creek (DWR #07-1938 V2)
Mr. Scarbraugh,
As I have previously stated within my responses for
requests for additional information in various e-mails

and within the application documents, "There is no
proposed washing or maintenance of vessels requested or
proposed under the scope of the current application
being considered."
When and if there are such activities proposed at some
future time, then applications will be made to the
appropriate Governing Authorities for such facilities and
activities.
Again, as I have previously stated in previous
correspondence and as reflected in the application
documents, "THE TOTAL SCOPE OF THE CURRENT
APPLICATION IS TO INSTALL TWO SUPPORT
PLATFORMS TO CARRY A 110 TON SHUTTLE LIFT
FOR THE PURPOSE OF LIFTING, TRANSPORTING,
AND STORING VESSELS.
I trust this will help to clarify you concerns.
Thank you for you assistance with this application.
Sincerely,
Dennis Fornes, Agent for Three Seas Legacy, LLC
On Thu, Dec 20, 2018 at 9:59 AM Scarbraugh, Anthony<anthonv.scarbraughna.ncdenr.gov>
wrote:
Mr. Fornes,
This Office has received your responses to Division of Water Resources's (DWR)
additional information request and clarification emails from Division of Coastal
Management and Division of Energy, Mining, and Land Resources. I have attached an
email from you regarding the long term use of the facility as potentially unladen barge
inspection, maintenance and repair facility as part of your justification for a 110 ton lift. In
addition, the you stated proposed use of the property as a haul out and boat storage facility
to include recreational boats, catamarans, and the like. As such, any cleaning of these boats
and/or maintenance of these boats will require a wastewater management system that
complies with 15A NCAC 02T .0104. This Office will require further clarification whether

that boat washing and/or maintenance will or will not occur at the facility.
Regards,
Anthony Scarbraugh
Environmental Specialist II
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthony.scarbraughoncdenr.gov
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
---------- Forwarded message ----------
From: Dennis Fornes <ncsurv, �mail.com>
To: "Connell, Brad" <brad.connell(oncdenr.gov>, "seafoodUfulchersnc.net"
<seafood cnr fulchersnc.net>
Cc: "Staples, Shane" <shane.staplesnncdenr.gov>, 'Bodnar, Gregg"
<gregg.bodnaro,ncdenr.gov>, "Dunn, Maria T." <maria.dunnkncwildlife.org>,
"Scarbraugh, Anthony" <anthony.scarbraughnncdenr.gov>
Bcc:
Date: Thu, 15 Nov 2018 19:33:26 +0000
Subject: [External] Re: Three Seas Legacy, LLC - Additional Information
CAUTION:ternal emai . Do not c i s or open attac ments unless verified. Sesuspicious email as an
to
I appologize but I accidently sent the previous email
before it was completed.
To continue: In the short term, this facility will service
any vessel that, as previously stated can safely navigate
the channel of Gideon Creek and has a draft of such
that there will be no plowing or prop washing created
within the channel of the creek.
In the Long Term: The Applicant has determined that
there could be expanded and additional operations that
may be undertaken at this Facility. It is conceivable that

unladen Barge inspection, Maintenance and repairs
could be undertaking at this Facility. That type vessel,
while having a great amount of weight but a somewhat
shallow draft requires additional lifting capabilities.
Lifting a vessel of such a weight an configuration will
require a substantial size Lift. A 110 ton lift is not
oversized for that type operation.
The Applicant is in fact in the business of repair and
restoration of Vessels of various sizes. The 110 ton Lift
will provide lifting services for the Long Term plans for
this Facility.
While the concerns voiced have some merit, it seems
that an assumption that the size of the lift will directly
contribute to violations is perhaps premature. Should
such occur then of course there are remedies to correct
such.
In conclusion, I trust that those having a part in
consideration of this proposal will take into account
that the Applicant stands ready to comply with all state
and federal regulations during the short term and long
term operation of this facility.
Thank you for your help,
Dennis Fornes, Agent for Fulcher Point, LLC
On Thu, Nov 15, 2018 at 1:58 PM Dennis Fornes <ncsurv, ,umai1.com> wrote:
To all concerned parties >
Subject: gideon Creek Application
In response to concerns raised concerning the size and

draft of vessels that will be serviced at the proposed
Gideion Creek Facility, please be advised that it is not
the intent of the Applicant to service any vessel at this
site that cannot safely navigate the channel of Gideon
Creek or the connecting waters at the current channel
depths. While we understand such concerns we want
to respond to those in as much detail as possible.
First and foremost the proposal for the no ton Travel
Lift is that the applicant has Lift of that size already on
site, erected and ready to provide lifting services. He
does not have in his possession a 50 ton lift and does
not desire to purchase such but rather make use of the
current one on-site.
Secondly, in planning Facilities or infrastructure it
normal and common practice to plan for the long term
as opposed to planning for the short term.
On Thu, Nov 8, 2018 at 8:06 AM Connell, Brad <brad.connell�.ncdenr.gov> wrote:
Mr. Fornes,
Can you assist Mr. Staples with this inquiry?
Brad Connell
Environmental Specialist I
NC Division of Coastal Management
http://portal.ncdenr.org/web/cm/dcm-home
[phone] ext. 214
[e-mail]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records
Law and may be disclosed to third parties.
From: Staples, Shane

Sent: Wednesday, November 07, 2018 4:55 PM
To: Connell, Brad <brad. connell&ncdenr. gov>
Cc: Bodnar, Gregg <gregg.bodnarnncdenr.gov>; Dunn, Maria T.
<maria.dunnnncwildlife.org>; Scarbraugh, Anthony
<anthony. scarbraughna.ncdenr.gov>
Subject: Three Seas Legacy, LLC - Additional Information
Brad,
I am requesting information of the size of vessels and draft expected to be serviced at this
facility. The application only list various size vessels. There are limiting water depths of -6.8'
@ NWL in Gideon Creek and it would seem a 110 ton lift would expect to service vessels with
a draft that exceeds this depth or be of size to likely cause significant prop dredging over the
entire length of Gideon Creek when accessing this facility.
Thanks
Shane
Shane Staples
Fisheries Resource Specialist
Division of Marine Fisheries
North Carolina Division of Environmental Quality
252-948-3950 office
Shane.staples(@ncdenr.gov
943 Washington Square Mall
Washington, NC 27817