107-18 Middle Creek Farms

Permit Class
NEW
Permit Number
107-18
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermtt
for
_2L Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Middle Creek Farms, 3159 Nebraska Rd.. Engelhard. NC 27824
Authorizing development in Hyde County at headwaters of Middle Creek off the Pamlico Sound.
at Middle Creek Rd (SR 1107), near Engelhard, as requested in the permittee's application dated 6/28/18 and email
correspondence dated 8/29/18, incl. att. workplan drawings (4), Sheet 1 of 4 dated 5/22118 and Sheets 24 of 4 dated 6/28/18.
This permit, issued on September 28, 2018 , is subject to, compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
,i mese terms may oe suoject to noes, imprisonment or civil action; or may cause the permit to be null and void
Agricultural Drainage System
1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing
activities associated with the installation of the agricultural drainage system, including the culverts,
tide gates and flashboard riser brackets, all as expressly and specifically set forth in the attached
permit application and workplan drawings.
2) - No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved culvert
alignment.
3) This permit does not authorize any fill or excavation waterward of the approved culvert alignment
beyond what is necessary to install the agricultural drainage system.
(See attached sheets for Additional Conditions)
1 WJ JJUI uL au,Ou may Oe appeazeu oy me permmee or Omer
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2021
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
bignea oy me aumortty of me becretary of DEQ and the
Chairman of the Coastal Resources Commission.
v
Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Middle Creek Farms Permit No.107-18
Page 2 of 3
ADDITIONAL CONDITIONS
4) The fill material shall be clean and free of any pollutants except in trace quantities.
5) All fill material shall be obtained from a high ground source:
6) In order to protect juvenile shrimp and finfish populations, a turbidity curtain shall be left immediately
downstream of the project area, and a 24-hour period after completion of excavation shall elapse prior to
silt screen removal to prevent unnecessary siltation into the adjacent water body.
Sedimentation and Erosion Control
7) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes to ensure that eroded materials do not enter adjacent wetlands,
watercourses or properties. At a minimum, a silt fence shall be properly installed between any disturbed
areas and adjacent wetlands or watercourses immediately following completion of backfilling activities.
Operations and Management Plan
8) In accordance with commitments made by the permittee in the Operations and Management Plan
prepared for this project, and in order to satisfy concerns of the resource agencies, the following
conditions shall be adhered to:
A. The flashboard risers shall only be used to service the tide gate.
B. Flashboard risers shall be limited to only one culvert at any time.
C. Placement of flashboard risers within any culvert shall not exceed 7 consecutive days.
D. In the event flashboard risers are used, the applicant or authorized agent shall notify the Division
of Coastal Management and the Division of Water,Resources.before installation and after..
removal.
9) Failure to comply with Condition No. 8 shall be considered a violation of this permit.
General
10) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
11) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the
permitted activity without having it transferred to a third parry.
12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.

Middle Creek Farms Permit No.107-18
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2018-01411) issued 9/24/18.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4144 and assigned the project DWR Project No. 18-1047.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior. to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

DIVISION OF COASTAL MANAGEMENT
Application Processing Notes
Applicant:
Type: (Check all that apply)
New Major Mod Permit# Minor Mod Renewal Transfer
Permit Coordinator: Q cAp
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Field Representative:
Date Time
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ROY COOPER FlL(;
Gmxrnor
MICHAEL S. REGAN
Secretary
Coastal Management BRAXTON C. DAVIS
ENVIRONMENTAL QUALITY September 28, 2018
Middle Creek Farms
Earl Pugh
3159 Nebraska Rd.
Engelhard, NC 27824
Dear Mr. Pugh:
The enclosed permit constitutes authorization under the Coastal Area Management Act,
and where applicable, the State Dredge and Fill Law, for you to proceed with your project
proposal. The original (buff -colored form) is retained by you and it must be available on site
when the project is inspected for compliance. Please sign both the original and the copy and
return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant
to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with
NCGS Chapter 150E with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27611-6714, [phone] within twenty (20) days of this decision on your
permit. You should also be aware that another qualified party may submit an objection to the
issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise,
all work must be carried out in accordance with your application. Modifications, time extensions,
and future maintenance requires additional approval. Please read your permit carefully prior to
starting work and review all project plans, as approved. If you are having the worts done by a
contractor, it would be to your benefit to be sure that he fully understands all permit
requirements.
From time to time, Department personnel will visit the project site. To facilitate this
review, we request that you complete and mail the enclosed Notice Card just prior to work
initiation. However, if questions arise concerning permit conditions, environmental safeguards,
or problem areas, you may contact. Department personnel at any time for assistance. By
working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Enclosure
Sincerely,
J v 4
Do6glas V. Huggeft "
Major Permits Manager
N.C. Division of Coastal Management
State of North Carotlna I Environmental Quality l Coastal Management.
Morehead City Office 1 400 Commerce Avenue I Morehead City. NC 28557
252 808 2808

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Middle Creek Farms / Earl D Pugh Jr
L]
C)
County: Hyde
LOCATION OF PROJECT: Off SR 1104 Middle Creek Road in the community of Middletown south of Engelhard in
Hyde County North Carollina.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 28 June 2018
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded:
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE: Steve Trowel DISTRICT OFFICE: Washington
DISTRICT MANAGER REVIEW:��•�.. w
DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 400.00 (60/40)
PUBLIC NOTICE REC'D: 8 July 2018 END OF NOTICE DATE: 28 July 2018
ADJ. RIP. PROP NOTICES REC'D:
DEED REC'D:
APPLICATION ASSIG TO: �i �r ON:
t2 t I
75 DAY DEADLINE: 11 September 2018 150 YYDEADLINE:
CA %" 0
�- /
MAIL OUT DATE: $T DATE:
FEDERAL DUE DATE: 46&91b5 fb gUE FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE
COMMENTS
RETURNED
OBJECTION
S:
YES NO
NOTES
Coastal Management - Regional Representative
Coastal Management - LUP Consistency
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ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN PA
Secretary
BRAXTON C. DAMS
Director
August 7, 2018
Mr. Daniel Brinn
Hyde Co. Water and Flood Control Coordinator
PO Box 219
Swan Quarter, NC 27885
SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Mr.
Earl Pugh (Middle Creek Farms) in Hyde County
Dear Mr. Brinn:
This letter is in response to the above referenced CAMA permit application for Mr. Earl Pugh,
which was accepted as complete by the Division's Elizabeth City office on June 28, 2018.
Processing of the application is ongoing. However, it has been determined that additional
information will be required prior to the Division taking final action on your application. These
required items are summarized below:
1) In accordance with 15A NCAC 07H.0208(a)(2)(B), it is the policy of this Division that,
prior to taking final action on a project of this nature, a Water Quality Certification for
the proposed development must first be approved by the Division of Water Resources
(DWR). Based upon the attached hold for additional information from the DWR dated
August 2, 2018, it appears as though additional information from the applicant will be
required before a final decision on issuance of a Water Quality Certification can be made.
2) In addition, the Division of Coastal Management Fisheries Resource Specialist has
submitted concerns related to the retention of water by the flashboard risers.
Therefore, it is necessary that processing of your permit application be placed in abeyance until
such time as the resource concerns are satisfied, the required information is provided to the
DWR, a Water Quality Certification is issued for the project, and a copy of the approval supplied
to this office.
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead Crty, North Carolina 28557
252.8082808

If you have any questions concerning these matters, please feel free to contact me by telephone
at [phone] extension 215, or by email at gregg.bodnarCa ncdenr.gov.
Sincerely,
Gregg Bo ar
Division of Coastal Management
Assistant Major Permits Coordinator
CC:
Anthony Scarbraugh, DWR WaRO (via email)
Raleigh Bland, USACE Washington Regulatory Field Office (via email)
Samir Dumpor, DEMLR WaRO (via email)
Shane Staples, DCM WaRO (via email)
Maria Dunn, WRC WaRO (via email)
Elizabeth City DCM
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808

AUG 3 2018
11NOWCULPEPWR
6"O�ergai"•
August2,,2018
VWR # 18-1047
Hy.de0prity
.CERTIFIEUMAIL:7017 11070190I 100 022- 0S$
RETURN RECEIPT REQUESTED
Midd.letrek Fbirrnsi Inc.
Attn: Mr., WINgh. flt
3159 Nebraska Road
C.
frigelhard, N27.8 . 24
S"6j6ct: RE AL
...,QUEST FOR ADDITION -INFORMATION
Middle Creek Farms — Water Control Structure
-Dear M-r.Pugk
On July 30,2018, the Division ofWater Resources (Division) received your application
c.a.tion dated july9, 2018,
requestirl 'a 401 Water Quality and Buffer Author" - tion g lza .. Certifications from the Division for theasubject
project. The Division has determined that your application is Incomplete.and cannot be -066cess6d. The
application is:on-hold until all of.the following information Is received::
1. f6chniclafDetzlfls for Water Control Structure:
Basdd on a edviewQf your appllc .@tJo h g6ingto maintain , please provide details on how you. are
the biological integrity (functioning Primary Nurser _y Area) cif:the.channelized stream above and
below the proposed 2 30'!k30!t-culvektt.With ,.tidal ..gates on -the downstream .eod..of-th6-culverts
and flashbo0d riser to the:.'u0strearn ends. jj5A,NCAc0211 .0502(b) (2)and 15ANCAC629.612A.]
Pursuant, to 15A. NiCAC.'01H .0502(h)(2) and.15A NCAC 02B 0221) the applicantshall furnish 411 of the
above requested information for the proper consideration of the appjlcatlom If all of the requested
ir1fdrmattion is notreceivedIn writ . ing within 30 calendar days of receipt of this letter, the Division will be
unable to approve the. application :and it will, be. returned. The 'return ofthisproject will necessitate
reapplication to4he Division for approval, including .acomplete aoplitatioiipackage apd, the appropriate
fee.
I is a�' 1 2")
North Carolina bepatImcnto(Environmental Quality ibiJisi.qn,otWaterRwourm-Washingio)i.Regional.0frice
9.0 Washin&tan Sj=6 Mall, Washington, North Carolina 27889

Middle;Creek Forms, Inc.
Attn: Mr. Earl Pugh, III
kqu6stforAdditionai Information
Page 2 of 2
Please -respond !hwriting Withiri3Qcaje'ndb,rdays of receipt.of this letterby-sprtding three Copies of all of
the above requested information to the 4.61-8ttuffer liermitting Urk; 1%7 Mail Service. tent.er,11alei h,
NC 27699'=1617.
Please be aware that you have no authorization under Section 401 of the Clea n.Water Actor To rwftrnll , co
Riparian Buffer Rules forrthls activity ,and any work done within waters of'the state and bdff0o4y hea
violation of North Carolina .Gen&al S.totutes and Adthinistrative Code.
Please cont,iptAqthony8carbrau ghat252-948-,3924or:anthonV-scarbraugh(o)ncdehr.g6 ifyoulboye
any ciuestions or concerns.
Sincerely,
Robert Tankard, Assistant: Regional Supprvis.or
Water.Quality Regional Operation Section.
Division of Water Resources; NCDECL,
cci Raleigh Bland, USACE Washington.Regulatory Field office
6inegg:Bodnar, bCM Morehead. City
Steve Trowel], IXIVI WaRO
Sarbir Duhipor, DEMLRWARO
6WA Wallb 401 files
Laserfithe
Daniel Bri6h, Hyde County Sol! &Water (via email: [e-mail])
RECEIVED
AUG 3 2018
I
po�
North C.8mlin&Dcpmtment,ofEnvizonineqtat Qualhi.,lbivi,siono.f WatorResqurcqs - Washingtoi(Rogioftol Oftkc
943WmhingtotiSqmr-cMifl,Washington, NodliCwoliha.27889
252-946-6481

d
due n,
�U41, 0 gVto.l ✓{%I 11 1 t a I
MEMORANDUM:
TO: Gregg Bodnar, Assistant Major Permits Coordinator
FROM: Shane Staples, DCM Fisheries Resource Specialist
SUBJECT: Earl D. Pugh Jr./Middle Creek Farms
DATE: 7/31/18
A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed
the subject permit application for proposed actions that impact fish and fish habitats. The applicant
proposes to construct a water control structure in the channelized headwaters of Middle Creek a
designated primary nursery area, PNA. Two 30" x 30' culverts are proposed to be installed with flanges
to attach tide gates to the downstream portion of the culvert and flash board riser to the upstream portion.
The installation of the culverts will require the area be dredged to grade and then earthen fill will be
placed, over top the culverts. The primary purpose of the project is to preventsaltwater intrusion into the
agriculture drainage system upstream of this area. The project will result in the loss of access to
approximately 2,000 linear feet of canal and construction of the water control structure will fill
approximately 360ft2 of coastal wetlands
DCM fisheries has visited thd site in March of 2018 and in July of 2018. During the March visit the canal
at this location and upstream was dominated by filamentous algae and no other visible signs of aquatic
life. During the July visit fish and shrimp we seen throughout the channelized creek and upstream canal
with mullet, shrimp, crab, and killifish observed. The area where the water control structure is proposed is
the last portion of the canal that has signs of the natural channel and a riparian area consisting of
wetlands. Above this location the canal narrows and is flanked by the gravel road and earthen dyke the
south. While the tide gate installation at this location will cut off access to a portion of canal, this area is
marginalized as habitat being narrow, shallow, and pinched between a road and, a dyko.'DCM_fsheries
canal systems, particularly during dry periods of the summer, can cause the water to become anoxic
rapidly and can lead to the concentration of any run-off (chemical or sediment) from agricultural
practices. When riser boards are removed and anoxic water released it can cause mortality to larval and
juvenile fish in the downstream area and general avoidance of critical habitat afterward until conditions
stabilize.
DCM fisheries also recommends a moratorium on Tn-water work -from Apnll,.to Sepfember30'due to the
dredge and fill proposed that could negatively impact the nursery functions of Middle Creek for larval and
juvenile fish and shellfish with increased turbidity.
Contact Shane Staples at (252) 08-3950 or shane.sta les .ncdenr.gov with further questions or
concerns.
RECEIVED
Sia1evfNcr:F7aruana.l Env(ramnenVdqu dy1C*asraTMm.Uanent r�
was VffinAt&e1943wastirL0QtrS4d90WTI.wdsh?rtgMkNaff.BinanaM84
=04 A48T AUG 2 2019
MP SECTION MHD'

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Tuesday, August 07, 2018 11:12 AM
To: Staples, Shane; Dunn, Maria T.; '[e-mail]'
Cc: Scarbraugh, Anthony, Trowell, Steve
Subject: FW: [External] RE: Request for Additional Information for Middle Creek Farms (DWR
Project No. 18-1047)
Attachments: Dawson Pugh Water Control Structure Maintenance and Management Agreement
2016.pdf
Morning all,
Daniel Brinn (Agent for Mr. Pugh) has provided the above attachment that notes the O&M plan for the structure. Please
review and let me know how this fits into any comments.
Thanks,
Gregg
From: Daniel Brinn [mailto:[e-mail]]
Sent: Tuesday, August 07, 2018 10:58 AM
To: Scarbraugh, Anthony <[e-mail]>
Cc: Dumpor, Samir <[e-mail]>; Trowell, Steve <[e-mail]>; Bodnar, Gregg
<[e-mail]>; [e-mail]
Subject: [External] RE: Request for Additional Information for Middle Creek Farms (DWR Project No. 18-1047)
Mr. Scarbraugh,
Please find attached the operation and maintenance agreement signed by Mr. Pugh which is specific to the proposed
structure. This is the management regime that is used statewide on NC Ag Cost Shared Risers funded through the
Division of Soil & Water Conservation. Mr. Pugh has committed to this management and it is subject to random
inspection by the Hyde Soil and Water Conservation District for 10 years upon installation.
I believe this is a good starting point for discussion of riser management at this location and I would look to you and
other DEQ staff to provide further input about concerns and desired actions to move forward.
Thanks for your assistance,
Daniel
From: Scarbraugh, Anthony [mailto:anthony.scarbraugh cbncdenr.gov]
Sent: Friday, August 3, 2018 7:39 AM
To: Daniel Brinn (dbrinnCa hvdecountync.aov)
Cc: Dumpor, Samir
Subject: Request for Additional Information for Middle Creek Farms (DWR Project No. 18-1047)
Mr. Brinn,

A'
Mr. Scarbraugh,
Please find attached the operation and maintenance agreement signed by Mr. Pugh which is specific to the proposed
structure. This is the management regime that is used statewide on NC Ag Cost Shared Risers funded through the
Division of Soil & Water Conservation. Mr. Pugh has committed to this management and it is subject to random
inspection by the Hyde Soil and Water Conservation District for 10 years upon installation.
I believe this is a good starting point for discussion of riser management at this location and I would look to you and
other DEQ staff to provide further input about concerns and desired actions to move forward.
Thanks for your assistance,
Daniel
From: Scarbraugh, Anthony rmailto:anthony.scarbraugh(alncdenr.gov]
Sent: Friday, August 3, 2018 7:39 AM
To: Daniel Brinn (dbrinn( hydecountvnc.gov)
Cc: Dumpor, Samir
Subject: Request for Additional Information for Middle Creek Farms (DWR Project No. 18-1047)
Mr. Brinn,
Please find attached a copy of the additional information request for the proposed project. If you have any questions,
please feel free to contact me.
Regards,
Anthony Scarbraugh
Environmental Specialist II
Division of Water Resources —Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthony.scarbraug h(cDncdenr.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.
,avast This email has been checked for viruses by Avast antivirus software.
www.avast.com

}' . r A
Water Control Structure
Maintenance and Management Agreement
Addendum to NC-ACSP-2
NC-ACSP-WCS
This is an agreement between t)ekWStn Pu,S� and the '1 as Soil
and Water Conservation District for the purpose of managing the water level Me drainage system
by flashboard riser(s). Contract number: '1 �-20I6—a92 Structure location: see attached
map.
The objective for managing water control structure(s) is to reduce the amount of agriculture
pollutants leaving the farm through the drainage system. Water management may also improve
yields and crop production. In order to preserve water quality and to assure that the structures are
being maintained and performing the function for which they were originally designed, the
following requirements must be met:
1. Recommended depth from ground surface to water level in the chart below should be followed.
Other crops may require a different schedule.
2. The water level must be maintained within 36 inches of the ground surface along at least 50%
of the upstream ditch reach all year 4T order to reduce nitrate losses and maximize water quality
benefits. Short term adjustments shall be permitted to accommodate field access (trafficability)
and unusually high rainfall.
3. Have enough boards on the site and at the structure(s) to bring the water level in the ditch to
the designed maximum elevation. This is usually the top of the riser or the maximum water level
the structure was designed to handle.
4. Structure(s) will be checked after major storms but at least semi-annually.
5. As the ditch fills with sediment, it will be necessary to clean out the ditch. Vegetated borders
may be needed to reduce the input of sediment.
I agree to manage the water level in my drainage system as stated above. With the exception of
maintenance and repairs there will always be 1 Z, inches of boards above the sediment level
in the bottom of the ditch.
Applicant iluDate at
Landowner Date
Chairman
Date
RECEIVED
AUG 7 2018
MP SECTION MHD

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Tuesday, August 07, 2018 11:17 AM
To: 'Daniel Brinn'
Cc: Trowell, Steve
Subject: RE: [External] RE: Request for Additional Information for Middle Creek Farms (DWR
Project No. 18-1047)
Morning Mr. Brinn,
I have passed along your email to DMF, WRC and USACE for those with questions or for additional information. As
comments come in on the information you provided I will keep you up to date. If you feel a meeting would be beneficial
we can set up one as well.
Thanks,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 office
Gregg. Bodnar(ncdenr.00v
400 Commerce Ave
Morehead City, NC 28557
K.,C.
-'" Nothing Compares....,..
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Daniel Brinn [mailto:[e-mail]]
Sent: Tuesday, August 07, 201810:58 AM
To: Scarbraugh, Anthony <[e-mail]>
Cc: Dumpor, Samir<[e-mail]>; Trowel[, Steve <[e-mail]>; Bodnar, Gregg
<[e-mail]>; [e-mail]
Subject: [External] RE: Request for Additional Information for Middle Creek Farms (DWR Project No. 18-1047)

Bodnar, Gregg
From: Dunn, Maria T.
Sent: Tuesday, August 07, 20181:13 PM
To: Bodnar, Gregg; Staples, Shane;'[e-mail]'
Cc: Scarbraugh, Anthony; Trowell, Steve
Subject: RE: [External) RE: Request for Additional Information for Middle Creek Farms (DWR
Project No.18-1047)
Gregg,
The plan Daniel sent is just the standard water management plan across the state for the best water levels to facilitate
better agricultural growth — not a management plan for surface waters. This is just guidance across the state for crops,
not water quality for surface waters. Although it provides a minimum water level for 50% of the ditch, this is more or
less to address nutrient loads rather than flows, dissolved oxygen, and other parameters important for the downstream
PNA habitats. The concerns NCWRC would need to have addressed would be more related to how much water would be
retained during warm months when flow, water temperature, and dissolved oxygen are crucial; what would trigger
retaining and release of water, how parameters would be monitored, etc. This a similar discussion previously had with
the county. I do not believe a detailed management plan would be necessary for only the tide gates.
Maria
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
office:252-948-3916
fax:[phone]
www.ncwiIdlife.org
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg
Sent: Tuesday, August 07, 2018 11:12 AM
To: Staples, Shane <[e-mail]>; Dunn, Maria T. <[e-mail]>;
'[e-mail]' <[e-mail]>
Cc: Scarbraugh, Anthony<[e-mail]>; Trowell, Steve <[e-mail]>
Subject: FW: [External] RE: Request for Additional Information for Middle Creek Farms (DWR Project No. 18-1047)
Morning all,
Daniel Brinn (Agent for Mr. Pugh) has provided the above attachment that notes the 0&M plan for the structure. Please
review and let me know how this fits into any comments.
Thanks,
Gregg

From: Daniel Brinn[mailto:[e-mail]
Sent: Tuesday, August 07, 2018 10:58 AM
To: Scarbraugh, Anthony <[e-mail]>
Cc: Dumpor, Samir<[e-mail]>; Trowel], Steve <[e-mail]>; Bodnar, Gregg
<[e-mail]>; [e-mail]
Subject: [External] RE: Request for Additional Information for Middle Creek Farms (DWR Project No. 18-1047)
Mr. Scarbraugh,
Please find attached the operation and maintenance agreement signed by Mr. Pugh which is specific to the proposed
structure. This is the management regime that is used statewide on NC Ag Cost Shared Risers funded through the
Division of Soil & Water Conservation. Mr. Pugh has committed to this management and it is subject to random
inspection by the Hyde Soil and Water Conservation District for 10 years upon installation.
I believe this is a good starting point for discussion of riser management at this location and I would look to you and
other DEQ staff to provide further input about concerns and desired actions to move forward.
Thanks for your assistance,
Daniel
From: Scarbraugh, Anthony'rmailto:anthony.scarbrauoh@ncdenr.00vl
Sent: Friday, August 3, 2018 7:39 AM
To: Daniel Brinn (dbrinn( hydecountync.gov)
Cc: Dumpor, Samir
Subject: Request for Additional Information for Middle Creek Farms (DWR Project No. 18-1047)
Mr. Brinn,
Please find attached a copy of the additional information request for the proposed project. If you have any questions,
please feel free to contact me.
Regards,
Anthony Scarbraugh
Environmental Specialist II
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthony.scarbrau.qh(@ncdenr.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.

• QVdSt This email has been checked for viruses by Avast antivirus software.
www.avast.com

Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Thursday, August 09, 2018 10:18 AM
To:
'Daniel Brinn'
Cc:
Trowell, Steve
Subject:
Conference call
Morning Daniel,
Steve passed along your interest in a conference call, so I floated the idea to the agencies to get them thinking about
scheduling. I got a pretty quick reply of interest with some further direction, so I wanted to provide that asap.
Times available and comments...
WRC Tuesday 800-1000 or Wednesday 800-930 or after 330. Maria also added that her concerns are identical to
DMF and DWR, so she wouldn't need to be there.
DWR Monday from 8 -1:30. As a follow up to information provided by Mr. Brinn, the use of a flashboard riser within a
modified stream system as a water management practice is a concern to the Division of Water Resources due to
potential impacts from the release of retained waters during the summer months when potential low dissolved oxygen
could have impacts to aquatic life with the downstream PNA habitat. This Office would support the installation of the
double barrel culvert with tidal gates on the downstream ends to combat salt intrusion into agricultural lands.
DMF Monday and Wednesday. You have DMF comments.
USACE No adverse comments have been received by the Corps, therefore, we do not have any objections or concerns
regarding this project. Please convey this information to Messrs. Brinn and Pugh during your conference call.
I hope this helps with scheduling and where each of the agencies are at with their concerns. Please let me know what
time and we can figure out a phone number to call into.
Thanks again,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 office
Gregg. Bodner(a)ncdenr.gov
400 Commerce Ave
Morehead City, NC 28557
t: -'"!"Nothing Compares..-....

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

o�1

Milo )1(�
vo Srw v � ,VH fig �? D) 2�

Bodnar, Gre
From: Daniel Brinn <[e-mail]> V (� 6ep—\L-
Sent: Wednesday, August 29, 2018 1:24 PM
To: Bodnar, Gregg 6 fin^ r5 O.k b"� ✓1
Cc: Trowell, Steve; Dawson and Bethany Pugh
Subject: Re: [External] RE: Conference call
Attachments: i mage002 j pg
Categories:
Gregg and Steve,
Important
Thanks for the opportunity to do the conference call with all the resource folks, it was very helpful to hear the concerns.
Mr. Pugh would be willing to agree to a conditional permit in order to be able to install the structures with risers as
originally presented.
The risers would only be used in the event that a tide gate needed to be serviced,
Placement of riser boards would occur in only one of the two risers at a time, ensuring no water was being held/backed
up.
Placement of boards would be limited to no more than 7 consecutive days. /
Notification would be made to the CAMA field rep. before boards were place. <� �� (per- Ac. Ct"ta-
Thanks again for your time,
Daniel
On Mon, Aug 13, 2018 at 10:11 AM Daniel Brinn <[e-mail]> wrote:
Got it!
Thanks Mr. Gregg,
Daniel
From: Bodnar, Gregg [mailto:greoo.bodnar( ncdenr.00v]
Sent: Monday, August 13, 2018 9:07 AM
To: Daniel Brinn
Cc: Trowell, Steve
Subject: RE: [External] RE: Conference call

Technology glitch. Hopefully you received another email with a number.
Gregg
From: Daniel Brinn [mailto:dbrinn hvdecountync.eovl
Sent: Monday, August 13, 2018 8:54 AM
To: Bodnar, Gregg <[e-mail]>
Cc: Trowell, Steve <steve.trowell(@ncdenr.eov>
Subject: RE: [External] RE: Conference call
Mr. Gregg,
The email thread below is all I have seen and I couldn't find where it contained a number, I may just be overlooking
something but resending the number would be great,
Thanks for everything,
Daniel
From: Bodnar, Gregg rmailto:oreoo.bodnar(obncdenr.00vl
Sent: Monday, August 13, 2018 8:31 AM
To: Daniel Brinn
Cc: Trowell, Steve
Subject: RE: [External] RE: Conference call
Morning Daniel,
Hopefully you should have received an email request for the conference call with a phone number attached. If you did
not please let me know and I will resend.

Thanks,
Gregg
From: Daniel Brinn [mailto:dbrinn(@hvdecountync.gov
Sent: Monday, August 13, 2018 7:29 AM
To: Bodnar, Gregg <[e-mail]>
Cc: Trowell, Steve <[e-mail]_>
Subject: [External] RE: Conference call
Mr. Gregg,
Mr. Pugh and myself are available for an 8am call tomorrow morning, what is the number we need to use to call into
the conference?
Daniel
From: Bodnar, Gregg rmailto:oreoo.bodnarCalncdenr.00vl
Sent: Thursday, August 9, 2018 10:18 AM
To: Daniel Brinn
Cc: Trowell, Steve
Subject: Conference call
Morning Daniel,

Steve passed along your interest in a conference call, so I floated the idea to the agencies to get them thinking about
scheduling. I got a pretty quick reply of interest with some further direction, so I wanted to provide that asap.
Times available and comments...
WRC Tuesday 800-1000 or Wednesday 800-930 or after 330. Maria also added that her concerns are identical to
DMF and DWR, so she wouldn't need to be there.
DWR Monday from 8 -1:30. As a follow up to information provided by Mr. Brinn, the use of a flashboard riser within
a modified stream system as a water management practice is a concern to the Division of Water Resources due to
potential impacts from the release of retained waters during the summer months when potential low dissolved oxygen
could have impacts to aquatic life with the downstream PNA habitat. This Office would support the installation of the
double barrel culvert with tidal gates on the downstream ends to combat salt intrusion into agricultural lands.
DMF Monday and Wednesday. You have DMF comments.
USACE No adverse comments have been received by the Corps, therefore, we do not have any objections or concerns
regarding this project. Please convey this information to Messrs. Brinn and Pugh during your conference call.
I hope this helps with scheduling and where each of the agencies are at with their concerns. Please let me know what
time and we can figure out a phone number to call into.
Thanks again,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management

Department of Environmental Quality
252 808 2808 ext 215 office
Gregg. Bodnar(d)ncdenr.gov
400 Commerce Ave
Morehead City, NC 28557
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
0
This email has been checked for viruses by Avast antivirus software.
www.avast.com

Bodnar, Gre
From: Bodnar, Gregg
Sent: Thursday, August 30, 2018 1:13 PM
To: Staples, Shane; Dunn, Maria T.;'[e-mail]'; Scarbraugh, Anthony
Cc: Trowell, Steve
Subject: FW: [External] RE: Conference call
Attachments: i mage002 jpg
Afternoon all,
Mr. Brinn has provided a plan for the flashboard risers (see below), please review and provide back comments when
able.
Thanks,
Gregg
From: Daniel Brinn [mailto:[e-mail]]
Sent: Wednesday, August 29, 2018 1:24 PM
To: Bodnar, Gregg <[e-mail]>
Cc: Trowell, Steve <[e-mail]>; Dawson and Bethany Pugh <[e-mail]>
Subject: Re: [External] RE: Conference' call
Gregg and Steve,
Thanks for the opportunity to do the conference call with all the resource folks, it was very helpful to hear the concerns.
Mr. Pugh would be willing to agree to a conditional permit in order to be able to install the structures with risers as
originally presented.
The risers would only be used in the event that a tide gate needed to be serviced,
Placement of riser boards would occur in only one of the two risers at a time, ensuring no water was being held/backed
up.
Placement of boards would be limited to no more than 7 consecutive days.
Notification would be made to the CAMA field rep. before boards were place.
Thanks again for your time,
Daniel
On Mon, Aug 13, 2018 at 10:11 AM Daniel Brinn <dbrinn hvdecountvnc.sov> wrote:
Got it]

taditaMandgemenr
`ttE7'V Rom"64TA .9nAurY
MEMORANDUM
ROY COOPER
Governor
MICHAELS.REGAN
Secretary
BRAXTON C. DAVIS
Director
RECEIVED JUL 08 1010
TO: Mr. Clif Whitfield
Public Water Supply Section
NCDENR WARO
FROM: Greg Bodnar Respond to Greg Bodnar
Major Permits Processing Coordinator Morehead City Office
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 09 July 2018
SUBJECT: CAMA Application Review
APPLICANT: Earl D. Pugh Jr./ Middle Creek Farms
PROJECT LOCATION: Project site is located SR 1107 at 1265 Middle Creek Rd in the community of
Middletown south of Engelhard in Hyde County, North Carolina.
PROPOSED PROJECT: Applicant proposes to construct a water control structure consisting of dual custom built
aluminum 30" wide x 30" long culverts equipped with tide gates and flash board risers for the primary purpose of
preventing saltwater intrusion into the agricultural drainage ditch system north of Middle Creek Road.
Please indicate below your position or viewpoint on the proposed project and return this form by 30 July 2018.
Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When
appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes are
incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
comments. ' %
Signed Date / —
RECEIVED
'Nothing Compares!!,, JUL 9 $6ff
snr.etxaM,.e,rc6h.learimam�eilQntiytcwW SS+ml�mm�
Onwnwatmsga bun I%A!A2 Vc2790 Itfl —
2729MOSI l�!1PSEC� ION-

to fan
DMWC�rtuaMurr
To:
From:
Through:
Subject:
Date:
2 July 2018
Doug Huggett
Steve Trowell-Sra
Jonathan Howell'S
ROY COOPER
I Ovemer
MICHAEL S. REGAN
Se"I"'5
Earl D. Pugh Jr. Major CAMA/Dredge and Fill permit application
2 July 2018
BRAXTON C. DAVIS
Director
Enclosed is a Major CAMA/Dredge and Fill permit application submitted by Mr. Daniel Brinn,
Hyde County Water and Flood Control Coordinator, on behalf of Mr. Earl D. Pugh,
landowner/farmer, for the construction of a water con4l structure in Middle Creek canal off the
Pamlico Sound near the community of Middletown south of Engelhard in Hyde County, North
Carolina. The water control structure consists of 2-30" wide x 30' long culverts custom built to
have tidegates on the downstream end and flash board risers on the upstream end. The tidegates
are concave aluminum flaps that have a rubber gasket that seals to a collar bolted to the culvert so
when a wind tide flows up the creek to the channelization the tide gate seals preventing saltwater
from moving up the channelization past the water control structure. The flap props open when
drainage upstream is the greater hydraulic force. The flash board riser has two puposes: the riser
can hold fresh water upstream during dryer times and can also aide in blocking the movement of
saltwater upstream.
Installation of this structure will eliminate the movement of aquatic organisms upstream of the
water control structure therefore any habitat use in the canal will be permenately lost. This location
was chosen by the applicant because it also stops saltwater intrusion from entering another lateral
drainage canal to the north and allows for the road bed adjacent the northern lateral canal and
Middle Creek road to serve as a flood prevention dike.
If there are no significant objections from the review agencies concerning negative impacts to
water quality, loss of habitat or negative impacts to the primary nursery area in Middletown Creek,
DCM Staff in the Washington Regional Office recommends issuance of the permit. Coastal
Resource Commission rules that would support a denial or issuance of the permit include the use
standards for Coastal Wetlands 7H.0205d, Estuarine Waters 7H.0206(d), general use standards for
Public Trust Areas 7H.0208(a)(2)(A)-(G), and 7H.0208(b)(3)(D). Staff recommends the standard
conditions for culvert pipe installation with the exception that "the culvert shall be buried at least
one foot below normal bed elevation" as this will disrupt the function of the tide gates.
RECEIVED
!"Nothinq Compares...` JUL 1 1 2018
IftbeE ia6 Cadalam"Wamm" Q.&O I C—td mkwDCM-M H D CITY
2529466431

Bodnar, Gregg
From: Thorpe, Roger
Sent: Wednesday, July 18, 2018 3:56 PM
To: Bodnar, Gregg
Subject: CAMA Major - Middle Creek Farms Water Control Structure - Hyde County
Gregg
The subject project will not require a State stormwater permit.
Roger
Roger K. Thorpe
Environmental Engineer
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
252-948-3923 office
[e-mail]
Washington Regional Office
943 Washington Square Mall .
Washington, NC 27889
K" C".
(Nothing Compares�
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

1
�t•aA,
Coastal Management
ENVIRONMENTAL QUALITY
TO:
MEMORANDUM
Mr. Lee Padrick
Division of Community Assistance
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
FROM: Greg Bodnar Ftprehead'City
ond to reg Bodnar
Major Permits Processing Coordinator rOffice
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 09 July 2018
SUBJECT: CAMA Application Review
APPLICANT: Earl D. Pugh Jr./ Middle Creek Farms
PROJECT LOCATION: Project site is located SR 1107 at 1265 Middle Creek Rd in the community of
Middletown south of Engelhard in Hyde County, North Carolina.
PROPOSED PROJECT: Applicant proposes to construct a water control structure consisting of dual custom built
aluminum 30" wide 30" long culverts equipped with tide gates and flash board risers for the primary purpose of
preventing saltwater intrusion into the agricultural drainage ditch system north of Middle Creek Road.
Please indicate below your position or viewpoint on the proposed project and return this form by 30 July 2018.
Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When
appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes are
incorporated. See attached.
This office objects to the proposed project. for reasons described in the attached
comments. r7
Signed. /� Date
-�Nothlllg Compares"-,,
SUtt of iatlt Cudiat Enir aA Q.Lty-'Cwtg` 4rq mint
933 \Calhiratw'ASy:ae �L;t MaLhaij-m•XC 27S89

CottstalManagement
INVNIONNEWAL QUALITY
TO:
Mr. Tim Walton
Director
State Property Office
MEMORANDUM
FROM: Greg Bodnar
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 09 July 2018
SUBJECT: CAMA Application Review
APPLICANT: Earl D. Pugh Jr./ Middle Creek Farms
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
RECEIVED
JUL 11 2018
DOA
STATE PROPERTY
QFFIrF
Respond to Greg Bodnar
Morehead City Office
PROJECT LOCATION: Project site is located SR 1107 at 1265 Middle Creek Rd in the community of
Middletown south of Engelhard in Hyde County, North Carolina.
PROPOSED PROJECT: Applicant proposes to construct a water control structure consisting of dual custom built
aluminum 30" wide x 30" long culverts equipped with tide gates and flash board risers for the primary purpose of
preventing saltwater intrusion into the agricultural drainage ditch system north of Middle Creek Road.
Please indicate below your position or viewpoint on the proposed project and return this form by 30 July 2018.
Please contact Steve Trowell at 252A48-3854, if you have any questions regarding the proposed project. When
appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
�ntr0 � This office has no comment on the proposed project.
;F f �a This office approves of the proposed project only if the recommended changes are
�I11 incorporated. See attached.
1O �USbn This office objects to the proposed project for reasons described in the attached
K)m 4 � comments. j }�
Signed Date Z~1
(S
RECEIVED
-5:7�Nothulg Compares JUL 17 2018
310a"66 caa " &M0MM"W Q*&W - emul mm {mnt
saea,�a.INs�m.we ay,rsr.xc:7stc DCM-MHD CITY
:s:s+leswl

Coastal Management
ENVIRONMENTAL QUALITY
MEMORANDUM
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
TO: Mrs. Rachel Love-Adrick
District Planner
Division of Coastal Management
FROM: Greg Bodnar Respond to Greg Bodnar
Major Permits Processing Coordinator Morehead City Office
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 09 July 2018
SUBJECT: CAMA Application Review
APPLICANT: Earl D. Pugh Jr./ Middle Creek Farms
PROJECT LOCATION: Project site is located SR 1107 at 1265 Middle Creek Rd in the community of
Middletown south of Engelhard in Hyde County, North Carolina.
PROPOSED PROJECT: Applicant proposes to construct a water control structure consisting of dual custom built
aluminum 30" wide x 30" long culverts equipped with tide gates and flash board risers for the primary purpose of
preventing saltwater intrusion into the agricultural drainage ditch system north of Middle Creek Road.
Please indicate below your position or viewpoint on the proposed project and return this form by 30 July 2018.
Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When
appropriate, in depth comments with supporting data are requested.
REPLY -?I— This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes are
incorporated. See attached.
This office o 'ects to the proposed project for reasons described in the attached
om nts.
Signed Date��A
Alto aHW-WOO
Nothing Compares-.
$lOZ't
sw 01%'0*C.a.Q cmxsawE
9�3 Q'uhvEron S i+r: 9+E Eitir+V�. `:C :'86
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a3N3J U

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Gregg Bodnar, Major Permits Processing Coordinator
Division of Coastal Management /1 ,
FROM: Rachel Love-Adrick, District Planner
Division of Coastal Management
SUBJECT: Major Permit Request by Earl D. Pugh Jr./Middle Creek Farms
DATE: July 16, 2018
Consistency Determination: The request is consistent with/not in conflict with the 2008 Hyde County
CAMA Core Land Use Plan certified by the CRC on March 28, 2008.
Project Overview: The applicant is proposing to construct a water control structure consisting of 30' x 30'
culverts equipped with tide gates and flash board risers to prevent saltwater intrusion into the agricultural
drainage ditch system of north of Middle Creek Rd. The project is located at the channelized head of
Middle Creek (35°28'52.7"N, 76001'22.1"W) off Pamlico Sound adjacent to SR 1107, in Middletown, Hyde
County, North Carolina.
Areas of Environmental Concern in the project area include EW, PTA, ES, PTS, and CS. The canal is
approximately 20' wide and 2.5' deep at NWL. Middle Creek is designated SA;HQW, is a PNA, and is closed
to shellfishing. There was no SAV observed during the site visits in the spring. There are Coastal Wetlands
marsh vegetated predominately with black needlerush, salt grass, and salt meadow hay associated with
Middle Creek. A review cultural or archaeological resources was not provided.
Anticipated impacts resulting from this project as proposed will result in the loss of any estuarine
dependent species from utilizing the canal upstream of the project site. The proposed culvert will fill 360
ft2 of Coastal Wetland march and the excavate and fill 600 ft2 of canal bottom.
Basis for Determination:
The project site is in Hyde County and is subject to the 2008 Hyde County CAMA Core Land Use Plan. The
Future Land Use Map (FLUM) designates the project site as Agricultural Low Density Residential and Lake
,G DONQ��
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.808:2808

Landing National Register Historic District; and all AECs as "Unbuildable Land", which limits development
to 15A NCAC 7H use standards. The project appears consistent with these land use categories.
The following policies may be applicable to this project.
P.53 Hyde County supports reducing soil erosion, runoff, and sedimentation to minimize the adverse
effects on surface and subsurface water quality. -
P.88 At a minimum, Hyde County will rely on 15A NCAC 7H to protect water quality `
P.101 The county supports protection of those waters known to be of the highest quality or supporting
biological communities of special importance.
D_EQ�Ny11MGaCVN4
RWMW MFItP 6aIQW1,�
North Carolina. Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 commerce Avenue I Morehead Cky, North Carolina 28557
252.808.2808

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
MEMORANDUM
TO: Jerry Hardison
Hyde County Building Inspector
P.O. Box 95
Swanquarter, NC 27885
FROM: Greg Bodnar Respond to Greg Bodnar
Major Permits Processing Coordinator Morehead City Office
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
DATE: 09 July 2018
SUBJECT: CAMA Application Review
APPLICANT: Earl D. Pugh Jr./ Middle Creek Farms
PROJECT LOCATION: Project site is located SR 1107 at 1265 Middle Creek Rd in the community of
Middletown south of Engelhard in Hyde County, North Carolina.
PROPOSED PROJECT: Applicant proposes to construct a water control structure consisting of dual custom built
aluminum 30" wide x 30" long culverts equipped with tide gates and flash board risers for the primary purpose of
preventing saltwater intrusion into the agricultural drainage ditch system north of Middle Creek Road.
Please indicate below your position or viewpoint on the proposed project and return this form by 30 July 2018.
Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When
appropriate, in depths comet nts with supporting data are requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended changes are
incorporated. See attached.
This office objects to the proposed project for reasons described in the attached
Si ned �/oi� .'I /1l
Date / /J' /V
Nothing Compare",-_.
ittMrrNYartY Crd+r,iLmiwre}ral G'�+VW CwtnS otamtewnt
911�V»�maE+pn }%II: RyY,yne,�C :'819
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ftEcENEt)
0-1gZ0%
DCM_MHp CITY

P�
Coastal Management
ENVIRON14CNTAL OUAUTV
TO:
Sneirsn JU( 112018C
lNa Of 'InQ�slt y' Secpon
MEMORANDUM
Shannon Jenkins
Shell fish Section
Division of Environmental Health
FROM: Greg.Bodnar
Major Permits Processing Coordinator
Coastal Management Division
400 -Commerce Avenue
Morehead ;City NC 28557
DATE: 09 July 18
SUBJECT: CAMA Application Review
ROY'COOPER
Governor
S.REGAN
Secretary
BRAXTON C. DAVIS
Director
Respond'to Greg Bodnar
Morehead,City Office
APPLICANT: Earl D. Pugh.Jr./ Middle Creek Farms
PROJECT LOCATION: Project site is located SR 110 at,'1265 Middle Creek Rd in the community of
Middletown south of Engelhardn Hyde County, North Carolina.
PROPOSED PROJECT: Applicant,proposes to construct a water control structure consisting of dual custombuilt
aluminum 30" wide'x30" long culverts equipped with Side gates and flash board risers for 'the -primary purpose of
preventingsaltwater intrusion into the agricuituratdrainage ditch system north of Middle Creek Road.
Please indicate below your position or viewpoint on the, proposed project and return this form 'by30 July '20,Is.
Please contact:Steve Trowell at 252-948-3854,_ if you have any questions regarding the proposed project. When'.
appropriate, in de th comments with sp depth pportitig data are requested.
REPLY This.office has no objection to the project M proposed.
This office has no comment on the proposed project.
This office approves of the, proposed project only if the recommended changesare,
incorporated. See attached.
This office .objects to the proposed project, for reasons described in the attached
c0 meats. ��_ � f
Signed )/Gy �(��iLC l/V l�/ Y Date lI �7r j
-FDP �Shit nh1 11 Jeo K-mn ((1/
-5' 'Nothing CompareC%
sug of\aQrCudim A Emim dzl Qyeitg i em1w%lawlem"t
9331CtIh'vaton 8 awls NMI I%VA0%initrn.SC:7889
:5:9t6bi81

Nyk
Coastal Afanagrimen,
Received: 071/13%2018(TV
State, Historic Preservation Office ROY C-0013i9ftf
6110rilar"
MICR S; P.9dATq
AEI: Secrilaty
BRAXTOWC,.,DAMS
'
Director
MEMORA"UM,
TO: Ms-Renee.GledhilkEarly
NC Department. of Cultural Resources
Archives &-l-listoryBuilding
FROM. Grcg,�Btidnar
Majpr'Permits:Processifig.Cdqrdinatot,
Coistal:Matin'gement.Di'vision
400 Commerce Avenue,
ER 18-1609,
Respond'a Grcg�p�qdnar. _41q G
M Motd , C
qtdhead City'Office
Due -- 7/30A8
DATE: 09 July 2018
SUBJECT: CAMA ApplicationRcJicw A
APPLICANT: 'Eail D. Pugh Jr. Middle Creek Farms
PROJECT LOCATION: Pr6ject,site. is located SR 1107,at 1265-MiddleCreekRiIin thevammunity0f
,Middletown south of Engelhard in . Hyde;County, North Carolina:
I
aluminum 30"wlde. Y00" 16ng.cul
preventing into
system north
Please indicate.below your position or viewpoint on the proposed p,roject,an'd return thi§:fbrnvby 30,July,2018.
Please -contact 'Steve 'Trowell aV-152448-3854, if yduihave any, questions,regardift9, the, proposed project. When
appiopriat6, fil,ddlith comments With support I ing data are requested.
RE -PLY This office has no objection to the,projept asproposed-
This office has no commenton the proposed project.
This ,office -a0provcs.of'thc proposed prqJc&,,0nIy, if'ih'e recommended -changes are
incorporated. Scc,attache,4
This, office, objects, 16 the-'pr4p9sed, pr0 ject, for, reasons �describcd .in the-attachod
.-
cbrarneum,
Date
-55>^Nothing Compares. -,
jut vs NIB,

Bodnar, Gregg
From:
Staples, Shane
Sent:
Monday, September 24, 2018 3:17 PM
To:
Bodnar, Gregg; Dunn, Maria T.
Cc:
Trowell, Steve
Subject:
RE: [External] RE: Conference call
I was good with the plan and notifications.
Shane Staples
Fisheries Resource Specialist
Division of Marine Fisheries
North Carolina Division of Environmental Quality
252-948-3950 office
Shane.staales@ ncdenrgov
943 Washington Square Mall
Washington, NC 27817
From: Bodnar, Gregg
Sent: Monday, September 24, 2018 3:15 PM
To: Staples, Shane <[e-mail]>; Dunn, Maria T. <[e-mail]>
Cc: Trowell, Steve <[e-mail]>
Subject: RE: [External] RE: Conference call
Afternoon all,
Just wanted to check in. Anthony and Raleigh have authorized based off of the plan described below. Please let me
know what your thoughts are.
Thanks,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 office
Gregg. Bodnar(iDncdenr. gov
400 Commerce Ave
Morehead City, NC 28557
W-:` Nothing Compares --..

Coastal Management
1aVIRON116117AL OUAL17Y
TO:
tll_ 1 ' • \I1 J01
Mr. Shane Staples
Division of Coastal Management
943 Washington Sq. Mall
ROY COOPER
Governor
MICHAEL S. REGAN
.Secretary
REC EIS iEWON C. DAVIS
'Y � �J Director
AUG 2 2018
MP SECTION M HD
FROM: Greg Bodnar Respond to Greg Bodnar
Major Permits Processing Coordinator Morehead City Office
Coastal Management Division
400 Commerce Avenue
Morehead City NC 28557
RECEIVED
DATE: 09 July 2018
JUL 10 1818 .
SUBJECT: CAMA Application Review
DCM-FISheHoe
APPLICANT: Earl D. Pugh Jr) Middle Creek Farms WARO
PROJECT LOCATION: Project site is located SR 1107 at 1265 Middle Creek Rd in the community of
Middletown south of Engelhard in Hyde County, North Carolina.
PROPOSED PROJECT: Applicant proposes to construct a water control structure consisting of dual custom built
aluminum 30" wide x 30" long culverts equipped with tide gates and flash board risers for the primary purpose of
preventing saltwater intrusion into the agricultural drainage ditch system north of Middle Creek Road.
Please indicate below your position or viewpoint on the proposed project and return this form byi30 July 2018.,
Please contact Steve Trowell at 252-948-3854, if you have any questions regarding the proposed project. When
appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
— This office approves of the proposed project only if the recommended changes are
incorporated. See attached.
This office objects to the
com
proposed project for reasons described in the attached
Date Z�2 le
Stitto^Na2eu" 1rnvi freed Qatiy 1 cand ahm/tmnt
Ail Nsttvg;Sq=,1,10!u9ilikSt -M2t829
2$29166i61

Ok s

ROY 0,010PER
a
Iv1ICKAEL &ARGAN
rsJo�&Jano errtent BRAXTION E. DAMS
ranaaaetcrru.
MEMORANDUM:
TO: Gregg Bodnar, Assistant Major Permits Coordinator
FROM: Shane Staples, DCM Fisheries Resource Specialist
SUBJECT: Earl D. Pugh Jr./Middle Creek Farms
DATE: 7/31/18
A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed
the subject permit application for proposed actions that impact fish and fish habitats. The applicant
proposes to construct a water control structure in the channelized headwaters of Middle Creek a
designated primary nursery area, PNA. Two 30" x 30' culverts are proposed to be installed with flanges
to attach tide gates to the downstream portion of the culvert and flash board riser to the upstream portion.
The installation of the culverts will require the area be dredged to grade and then earthen fill will be
placed over top the culverts. The primary purpose of the project is to prevent saltwater intrusion into the
agriculture drainage system upstream of this area. The project will result in the loss of access to
approximately 2,000 linear feet of canal and construction of the water control structure will fill
approximately 360ft of coastal wetlands
DCM fisheries has visited the site in March of 2018 and in July of 2018. During the March visit the canal
at this location and upstream was dominated by filamentous algae and no other visible signs of aquatic
life. During the July visit fish and shrimp we seen throughout the channelizcd creek and upstream canal
with mullet, shrimp, crab, and killifish observed. The area where the water control structure is proposed is
the last portion of the canal that has signs of the natural channel and a riparian area consisting of
wetlands. Above this location the canal narrows and is flanked by the gravel road and earthen dyke the
south. While the tide gate installation at this location will cut off access to a portion of canal, this area is
marginalized as habitat being narrow, shallow, and pinched between a road and a dyke. DCM fisheries
does not object to the culvert and tide gate installation at this location for limiting saltwater intrusion.
However, removal of the proposal to install flashboard risers is requested as this water management
practice can have negative impacts on the PNA waters downstream of the structure. Holding water in
canal systems, particularly during dry periods of the summer, can cause the water to become anoxic
rapidly and can lead to the concentration of any run-off (chemical or sediment) from agricultural
practices. When riser boards are removed and anoxic water released it can cause mortality to larval and
juvenile fish in the downstream area and general avoidance of critical habitat afterward until conditions
stabilize.
DCM fisheries also recommends a moratorium on in -water work from April 1 to September 30 due to the
dredge and fill proposed that could negatively impact the nursery functions of Middle Creek for larval and
juvenile fish and shellfish with increased turbidity.
Contact Shane Staples at [phone] or shane.staples .ncdenr.gov with further questions or
concerns.
RECEIVED
State oMorthCaroMa 16aVidlmentalQWaty lCoasratManaganent
waa *9wnlN&e 1943waahftVtonsgtiaieMaa I waa11b9tMNcrutca.d1na27889 AUG 2 2018
2M94a.64a1
IVzP SECTION MH

Coastal Management
ENVIRONMENTAL OUAIIVY
MEMORANDUM
TO: Mr. Anthony'Scarbraugh
DWR Water Quality Programs
943 Washington Regional Office
ROY COOPER
Governor
MICHAEL S.'REGAN
RECElIrFIJ,IPiCt !Rl7vJR Secretary
BRAXTON'C. DAVIS
JUL 9 201E Director
Wa!Or (1UP14y 1Rcgionel
Operations SBCtlon
INashirioglon flegtop?,d 011106)
FROM: Greg Bodnar Respond to Greg Bodnar
Major Permits Processing Coordinator Morehead City Office
Coastal Management Division
400 Commerce Avenue
Morehead City'NC H557
DATE: 09 July2018
SUBJECT: CAMA Application Review
APPLICANT: Earl D. Pugh.Jr.1 Middle Creek Farms,
PROJECT LOCATION: Project site is located SR 1167 at 1265 Middle Creek Rd in the community of
Middletown south of Engelhard in Hyde.County, North Carolina.
PROPOSED PROJECT: Applicant proposes to construct a water control structure consisting of dual custom built
aluminum 30" wide x 30" long culverts equipped with tide gates and flash board risers for the primary purpose of
preventing saltwater intrusion into the agricultural drainage ditch system north of Middle Creek Road.
Please indicate below your position or viewpoint on the proposed project and return this form by'30 July 2018.
Please contact Steve Trowell at 252-948-3854,'if youhave any questions regarding the, proposed project. When
appropriate, in depth comments with supporting data are requested.
REPLY This office has no objection to;the project as proposed.
This office has no comment on the proposed project.
C/ This office approves of the proposed project only if the, recommended changes are
incorporated. See attached.
This office objects to the proposed 'project for reasons described in the attached
Signed
Date "Z,y
-5:�Nothilig Compares
S we axa6! CuRim I Cw!ul?hwSNRent
90 %VM*4!4n4 pwn 1,13111 ll'a!Ainlmn,\C 574S9
2529466451
RECEIVED
AUG 3 2018
MP SECTION MHD

RQY COOPER
�Covrnior
'10�ICkIAEh'S,+REG�N
S rrsJary
LITID "CULP,EPKIt
Jrt(riLlfOrrtYlar
August 2, 2018
.CERTIFIED MAIL: 70171070 0000 99221755
RETURN RECEIPT REQUESTED
Middle Creek Farms; Inc.
Attn: Mr. Earl Pugh, III
3159 Nebraska Road
Engelhard, NC27824
Subject: REQUEST FOR ADDITIONAL INFORMATION
Middle Creek Farms— Water Control Structure
Dear Mr. Pugh:
RECEIVED
AUG 3 2018
MP SECTION MHD
DWR If 18-1047
Hyde County
On July 30, 2018, the Division of Water Resources (Division) receivedyour application dated July'9, 2018,
requesting a 401 Water Quality and Buffer Authorization Certifications from the Division for the subject
project. The Division has determined that your application is incomplete and cannot be processed. The
application is on -hold until all of the following information is received:
1. Technical Details for Water Control Structure:
Based on a'review of your application, please provide details on how you are;going to maintain
the biological integrity (functioning Primary Nursery Area) of.the channelized stream above and
below the -proposed 2 30" x301 culverts with tidaLgates oh -the downstream end -of -the culverts
and flashboard riser to the upstream ends. (15A NCAC 02H .0502(b) (2) and 15A NCAC 02B .0221)
Pursuant to 15A NCAC 02H .0502(b)(2) and 15A NCAC 02B .02211 the applicant shall furnish allof the
above requested information for the proper consideration of the application. If all of the requested
information is not received in writing within 30 calendar days of receipt of this letter, the Division will be
unable to approve the application and it will be returned. The return of this project will necessitate
reapplication to the Division for approval, including a complete application package and the appropriate
fee.
North Carolina Department of Environmental Quality IDivision of Water Resources _ Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
�S�_Odf�FdRl

Middle:Creek Farms, Inc,
Attn: Mr. Earl Pugh,_ III
Request :for Additional Information
Page 2 of 2
Please respond in writing within 30!calendar days of receipt of this letter by sending three copies of all of
the above requested information to the 401 &,Buffer Permitting Unit; 1617 Mail Service Center,, Raleigh,
NC P699-1617.
Please be aware that you have no authorization under Section 401 of the Clean Water Act or Tar -Pamlico,
Riparian Buffer Rules for this activity,and any work done within waters of!the>state and buffer may be a
violation of North Carolina General Statutes and Administrative Code.
Please contact Anthony Scarbraugh at 252-948-3924 or [e-mail] If you have.
any questions or concerns.
Sincerely,
Robert Tankard, Assistant` Regional Supervisor
Water.Quality Regional Operation Section:
Division of Water Resources; NCDEQ
cc Raleigh Bland, USACE Washington Regulatory field Office,
Gregg Bodnar, DCM Morehead City
Steve Trowel], DCM WaRO- - -
Samir Dumpor, DEMIR;WaRO
DWR WaRO 401 files.
Laserfiche
Daniel Brim, Hyde County Soil & Water (via email: [e-mail])
11xE60E0VE®
AUG 3 2018
MP SECTION lull®
it D ,,
North Carolina Department of Environmental Quality IDivision of WaterResoumes - Washington Regional Otrce
943Washington Square Mall; Washington, North Carolina 27889
252-946.6481

Bodnar, Gregg LTrGA-tS
From: Scarbraugh, Anthony P6VI
Sent: Tuesday, September 04, 2018 1:17 PM
To: Bodnar, Gregg; Staples, Shane; Dunn, Maria T.;'[e-mail]'
Cc: Trowell, Steve
Subject: RE: [External] RE: Conference call
Gregg,
The Division of Water Resources will also like to be notified before boards were placed in the riser
Regards,
Anthony Scarbraugh
Environmental Specialist II
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthonv.scarbraughAncdenr. oov
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: Bodnar, Gregg
Sent: Thursday, August 30, 2018 1:14 PM
To: Staples, Shane <[e-mail]>; Dunn, Maria T. <[e-mail]>;
'[e-mail]'<[e-mail]>; Scarbraugh, Anthony
<a nthony.sca rbraugh @ ncden r.gov>
Cc: Trowell, Steve <[e-mail]>
Subject: FW: [External] RE: Conference call
Afternoon all,
Ko ( Lerro11
Mr. Brinn has provided a plan for the flashboard risers (see below), please review and provide back comments when
able.
Thanks,
Gregg
From: Daniel Brinn[mailto:[e-mail]
Sent: Wednesday, August 29, 2018 1:24 PM
To: Bodnar, Gregg <[e-mail]>
Cc: Trowell, Steve <[e-mail]>; Dawson and Bethany Pugh <[e-mail]>
Subject: Re: [External] RE: Conference call

ROY COOPER
cover?w
MICHAEL S. REGAN
se -wary
LINDA CULPEPPER
inmim Director
Middle Creek Farms, Inc.
Attn: Mr. Earl Pugh, III
3159 Nebraska Road
Engelhard, NC 27824
NORTH CAROLINA
Environmental Quality
September 18, 2018
DWR # 18-1047
HYDE County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Middle Creek Farms — Water Control Structures
Dear Mr. Pugh:
You have our approval for the impacts listed below for the purpose described in your application dated
July 9, 2018 and received by the Division of Water Resources (Division) on July 30, 2018 with subsequent
information received on August 29, 2018. These impacts are covered by the attached Water Quality
General Certification Number 4144 and the conditions listed below. This certification is associated with
the use of CAMA Major Permit and General Permit(s)198000291 issued bythe US Army Corps of Engineers
(USAGE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal
Management issues it. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 028 .0506(b)(c)]
RECEIVED
SEP 2 4 2018
MP SECTION MHD
North Carolina Department of Environmental Quality Division of Water Resources -Washington Regional Office
943 Washington Squarc Mall, Washington, North Carolina 27889
252-946.6481

MIDDLE CREEK FARMS, INC,
DWR# 18-1047
401 APPROVAL
Page 2 of 4
Type of Impact
Amount
Amount Approved
Plan location/
Approved
(units)
Reference Attached
(units)
Temporary
Permanent
Wetlands
W1 (Fill associated with
installation of 2 culverts
0.01(acres)
0 (acres)
with tide gates and
flashboard risers)
Sheets: 2 of 4, 3 of 4,
4 of 4
Waters
OW-1 (Fill associated with
installation of 2 culverts
0.01 (acres)
0 (acres)
with tide gates and
flashboard risers)
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporatedby reference as part of the Certification. If you change
your project, you must notify the Division and you may be required to submit a new application
package with the appropriate fee. If the property is sold, the new owner must be given a copy of this
approval letter and General Certification and is responsible for complying with all conditions. [15A
NCAC 02B .0507(d)(2)]
3. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 4144. [15A NCAC 02B .0507(c)]
Continuing Compliance
4. Turbidity Standards
The Permittee shall adhere to Title 15A NCAC 02B .0221 Tidal Salt Water Quality for SA Waters and
the water quality standards applicable to Class SC and SB waters as described in Rule .220 and Rule
.0222, including but not limited to:
(g) pH: shall be normal waters for the waters in the area; which generally shall range between 6.8
and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the resultof natural conditions;
115A NCAC 02B .0220(g)]
(1) Turbidity: the turbidity in the receiving waters shall not exceed 25 NTU; if turbidity exceeds this
level due to natural background conditions, the existing turbidity level shall not be increased.
Compliance with this turbidity standard can be met when land management activities employ Best
VE
' �.
SEP 2 4 2018
North Carolina Deportment of Emironmental Quality IDivision or Water Resources - Washington Regional Office
943 Washington square Mali, Washington, North Carolina 27889
252-946.6481 MP SECTION PAH®

MIDDLE CREEK FARMS, INC.
DWR# 18-1047
401 APPROVAL
Page 3 of 4
Management Practices (BMPs) [as defined by Rule .0202 of this Section]. BMPs must be in full
compliance with all specifications governing the proper design, installation, operation and
maintenance of such BMPs; [1SA NCAC 02B .0220(I)]
Other Conditions
5. This approval and their conditions are final and. binding unless contested. [G.S. 143-215.5]
6. Operation and Maintenance Plan (0&M)
The applicant shall adhere to the following conditions in order to install the proposed 2-30 inch
culverts with flashboard risers of upstream end and tidal gates on the downstream end of the
culverts. Placement of riser boards to impede full culvert capacity will be limited to one culvert of
the two at a time and only for the purpose of servicing of the tidal gate. The placement use of riser
boards within the riser will be limited to no more than 7 consecutive days. If servicing of the tidal
gates is required, then the Permittee or authorized agent are required to contact the DWR
Washington Regional Office (252-946-6481). (15A NCAC 02B .0221)
This approval is for the purpose, and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you change
your project, you must notify the Division and you may be required to submit anew application
package with the appropriate fee. If the property is sold, the new owner must be given a copy of this
approval letter and General Certification and is responsible for complying with all conditions. [15A
NCAC 02B .0507(d)(2)]
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 4313000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition
is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received
in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
_ RECEIVED
DL SEP 2 4 2018
North Carolina DepartnuaR of Environmental Quality Division of Water Resources- Washington Re�ir� fftcC��TI®IY YYY�®
943 Washington Square. Mall, Washington, North Carolina 27889 NNrr �LS�"",, 1
252-946-6481

If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
MIDDLE CREEK FARMS, INC.
DWR# 18-1047
401APPROVAL
Page 4 of 4
If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Rules. Please
contact Anthony Scarbraugh at 252-94873924 or [e-mail] if you have any
questions or concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division -of Water Resources, NCDEQ
Enclosures: GC 4144
Certification of Completion
cc: Raleigh Bland, USACE Washington Regulatory Field Office
Gregg Bodnar, DCM, Morehead City
Steve Trowell, DCM WaRO
Samir Dumpor, DEMLR WaRO
DWR WaRO 401 files
Laserfiche
Daniel Brinn, Hyde County Soil & Water (via email: [e-mail])
��
SEP 2 4 2018
North Carolina Department of Environmental Quality IDivision of Water Resources - Washingi e�io6 c TC O V M ill
943 Washington Squaw Mall, Washington, North Carolina 27889
252-946-6481

Bodnar, Gregg
From: Bland, Raleigh W CN CESAW CESAD (US) <[e-mail]>
Sent: Monday, September 24, 2018 7:22 AM
To: Bodnar, Gregg
Subject: [External] Projects
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<mailto:[e-mail]>
Hope you made it through the storm ok. Our phones still out. I wanted to make sure we were up to date on projects.
Thanks!
Earl Pugh
Britt Real Estate
Jimmy Stallings
James Hill
Hyde SAW 2018-01411
Hyde SAW 2018-01718
Beaufort SAW 2018-01715
Beaufort
TJ Development Beaufort
SAW 2018-01716
SAW 2018-01563
There may be more but these were on the top of my stacks. Thanks!
1

Bodnar, Gregg
From: Dunn, Maria T.
Sent: Tuesday, September 25, 2018 8:30 AM
To: Bodnar, Gregg
Subject: RE: [External] RE: Conference call
The plan sounds good Gregg. Will it be included in the permit conditions?
From: Bodnar, Gregg
Sent: Monday, September 24, 2018 3:15 PM
To: Staples, Shane <shane.stapies @ncdenr.gov>; Dunn, Maria T. <[e-mail]>
Cc: Trowell, Steve <[e-mail]>
Subject: RE: [External] RE: Conference call
Afternoon all,
Just wanted to check in. Anthony and Raleigh have authorized based off of the plan described below. Please let me
know what your thoughts are.
Thanks,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 office
Gregg. BodnarCc ncdenr.gov
400 Commerce Ave
Morehead City, NC 28557
�% Nothing Compares .�
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg
Sent: Thursday, August 30, 2018 1:13 PM
To: Staples, Shane <shane.stapies @ncdenr.gov>; Dunn, Maria T. <[e-mail]>;
'[e-mail]'<[e-mail]>; Scarbraugh, Anthony

DCMCoordinator:_Permit #:
J
MAILING DISTRH3UTION SHEET
DCM Field Offices
Elizabeth City (with revised work plan drawings)
Morehead City
Washington IP.Ce(t/*"; CFO rkS
Wilmington
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Tyler Crumbley (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Renee Gledhill -Earley at [e-mail]
Heidi Cox (WIRO)
Shane Staples
David Hams
Shannon Jenkins / Sharron Gupton
Tim Walton / Mike Moser
Karen Higgins
Clif Whitfield (WARD)
Curt Weychert
z782<{
Washington: Anthony Scarbraugh-401 J6
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender)
Chad Coburn — 401 (Brunswick, New Hanover)
Georgette Scott - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARO)
Natural Heritage Program Rodney Butler
LPO:
Fax Distribution: Permittee #: Agent#_
(NCDOT) Travis Wilson

OGM MP-1
APPLICATION for RECEIVED
Major Development Permit JUN 2 S 2018
(last revised 12/27/06)
��MM WARD
North Carolin�DM5ION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Middle Creek Farms
Project Name (if applicable)
Applicant 1: First Name
Earl
MI
D
Last Name
Pugh Jr.
Applicant 2: First Name
Earl
MI
"Dawson"
Last Name
Pugh III
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
3159 NEBRASKA RD
PO Box
City
Engelhard
State
NC
ZIP
27824
Country
Hyde
Phone No.
252-943-5198 ext.
FAX No.
Street Address (f different from above)
City
State
ZIP
Email
2. Agent/Contractor Information
Business Name
Hyde County Water And Flood Control Coordinator
Agent/ Contractor 1: First Name
Daniel
MI
A
Last Name
Brinn
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
30 Oyster Creek Rd.
PO Box
219
City
Swan Quarter
State
NC
ZIP
27885
Phone No. 1
252.926 - 7253 ext.
Phone No. 2
252 - 943 - 7973 ext.
FAX No.
252 926 3705
Contractor #
Street Address (f different from above)
City
State
ZIP
Email
<Form continues on back> RECEIVED
252-808.2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net
DCM-MHD CITY

Form DCM MP-1 (Page 2 of 4) RECEIVED APPLICATION for
JUN 2 8 2018
Major Development Permit
3. Project Location DCM-WARD
County (can be multiple)
Street Address
State Rd. #
Hyde
1265 Middle Creek Rd.
1107
Subdivision Name
City
State
Zip
NA
Engelhard
NC
27824 -
Phone No.
Lot No. (a) (A many, attach additional page with list)
NA - ext.
NA, I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Tar -Pamlico
Middle Creek
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
[]Natural ®Manmade ❑Unknown
Pamlico Sound
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city lima the proposed
[]Yes ®No
work falls within.
NA
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
NA
4,229,676 sqft 97.1 Ac.
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NA, I I
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
2.5' ❑NHW or ®NWL
e.
Vegetation on tract
Mowed Fescue, Salt Meadow Hay fring directly at waters edge +/-12' wide, cultivated cropland and pine plantation,
no marsh upstream of progect site.
f.
Man-made features and uses now on tract
DOT gravel road to the north and Cultivated cropland to the south of a 20ft wide manmade drainage canal
g.
Identify and describe the existing land uses ad4aoen to the proposed project site.
Upstream are 350 acres of improved property. Cultivated cropland and pine plantation.
It.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
NA
(Attach zoning compliance certificate, if applicable)
❑Yes []No ®NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No []NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page>
RECEIVED
018
2 5 2 - 8 0 8 - 2 8 0 8 ,:AST .. www.nccoastalmanagement. net
DCM-MHD CITY

Form DCM MP-1 (Page 3 of 4)
RECEIVED
JUN 2 8 2018
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ❑No
(ii) Are there coastal wetlands on the site? ®Yes ❑No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
NA
o. Describe existing drinking water supply source.
NA
p. Describe existing stone water management or treatment systems.
NA
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government
®Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
The project will prevent salt water intrusion into the agricultural properties upstream which can yeild cropland sterile. Tide
gates will act as automatic check valve allowing excess water from rainfall to flow out but preventing saltwater from the
pamlioo sound to flow in. Flashboard risers will allow the applicant to manage drainage water in accordance with Soil &
Water Conservation guidelines to reduce nutrient loading by up to 30%.
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Installation of culverts„ flashboard risers, and tide gates will be achieved using a tracked excavator working from high ground
as well as a dump truck to bring in suitable fill from an existing borrow site
d.
List all development activities you propose.
Installation of two 30" culverts, 30' long with 54" flashboard risers on the upstream end and 30" tidegates on the
downstream/outlet end
e.
Are the proposed activities maintenance of an existing project, new work, or both? Both
f.
What is the approximate total disturbed land area resulting from the proposed project? 960 ®Sq.Ft or []Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
No new discharge is proposed, existing surface runoff will be uneffected
I.
Will wastewater or stonnwater be discharged into a wetland? []Yes ®No []NA
If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA
j.
Is there any mitigation proposed? ❑Yes ®No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>
RECEIVED
252-808-2b-, ._ - -- www.,._.. ....... --.,yament.net
2018
DCM-MHD CITY

RECEIVED
Form DCM MP-1 (Page 4 of 4) N 2 $ 2018 APPLICATION for
Major Development Permit
nr%RA_IAIAOn
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name SEE ATTACHED Riparian Landowners List Phone No.
Address
Name Phone No.
Address
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, W necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act,
1 7. Certification and Permission to Enter on Land I
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date t - 2 * — 1 L Print Name Oft , I a r, �'
Signature
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
RECEIVED
jyL 1 1 ?018
252-808-2808 .. 1-888-4RCOAST :: www.nccoastaimanagement.net
DCM-MHD CITY

RECEIVED
JUN 2 8 Z018
Form DO MP-5
and CULVERTS
DCM-WARO
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. BRIDGES ®This section not applicable
a. Is the proposed bridge: b. Water body to be crossed by bridge:
❑Commercial ❑Public/Government ElPrivatelCommunity
c. Type of bridge (construction material):
e. (i) Will proposed bridge replace an existing bridge? []Yes []No
If yes,
(ii) Length of existing bridge:
(III) Width of existing bridge:
(iv) Navigation clearance underneath existing bridge:
(v) Will all, or a part of, the existing bridge be removed?
(Explain)
d. Water depth at the proposed crossing at NLW or NWL:
f. (i) Will proposed bridge replace an existing culvert? ❑Yes ❑No
If yes,
(ii) Length of existing culvert: _
(iii) Width of existing culvert: _
IN) Height of the top of the existing culvert above the NHW or
NWL: _
(v) Will all, or a part of, the existing culvert be removed?
(Explain)
9. Length of proposed bridge: _ h. Width of proposed bridge: _
I. Will the proposed bridge affect existing water flow? []Yes []No j. Will the proposed bridge affect navigation by reducing or
If yes, explain: increasing the existing navigable opening? ❑Yes []No
If yes, explain:
k Navigation clearance underneath proposed bridge: I. Have you contacted the U.S. Coast Guard concerning their
approval? ❑Yes []No
If yes, explain:
m. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands: _
waters? ❑Yes []No
If yes, explain:
2. CULVERTS []This section not applicable
a. Number of culverts proposed: 2 b. Water body in which the culvert is to be placed:
Middle Creek Canal
< Form continues on back>
RECEIVED
252-808-2808 :: 1-888-4RCOAST :: www.nccoasiannaiayi>r�irni.ne[
revised: 10i26106
DCM-MHD CITY

Form DCM MP-5 (Bridges and Culverts, Page 2 of 4)
RECEIVED
JUN 2 8 2018
c. Type of culvert (construction material):
Aluminum
d. (1) Will proposed culvert replace an existing bridge?
❑Yes ONO
If yes,
(it) Length of existing bridge:
(iii) Width of existing bridge:
(iv) Navigation clearance underneath existing bridge:
(v) Will all, or a part of, the existing bridge be removed?
(Explain)
f. Length of proposed culvert: 30'
h. Height of the top of the proposed culvert above the NHW or NWL.
3"
j. Will the proposed culvert affect navigation by reducing or
increasing the existing navigable opening? []Yes ONO
If yes, explain:
DCM-WARD
e. (i) Will proposed culvert replace an existing culvert?
❑Yes ONO
If yes,
(ii) Length of existing culvert(s):
(iii) Width of existing culvert(s):
(iv) Height of the top of the existing culvert above the NHW or
NWL: _
(v) Will all, or a part of, the existing culvert be removed?
(Explain)
9. Width of proposed culvert: 30"
i. Depth of culvert to be buried below existing bottom contour.
0"
k. Will the proposed culvert affect existing water flow'?
®Yes ONO
If yes, explain: Placement of tide gates on the
downstream side will prevent salt water intrusion from
affecting agricultural land upstream, Flashboard risers
on the inlet end will allow for management in
accordance with NC Soil & Water Conservation
guidelines to reduce nitrogen runoff by as much as 30%
3. EXCAVATION and FILL ❑This section not applicable
a. (i) Will the placement of the proposed bridge or culvert require any
excavation below the NHW or NWL? ®Yes []No
If yes,
(ii) Avg. length of area to be excavated: 30'
(iii) Avg. width of area to be excavated: 20'
(iv) Avg. depth of area to be excavated: 1_5'
(v) Amount of material to be excavated in cubic yards: 33cy
b. (i) Will the placement of the proposed bridge or culvert require any
excavation within coastal wetlands/marsh (CW), submerged
aquatic vegetation (SAV), shell bottom (SB), or other wetlands
(WL)? If any boxes are checked, provide the number of square
feet affected.
❑CW ❑SAV ❑SB
OWL ®None
(ii) Describe the purpose of the excavation in these areas:
RECEIVED
252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanaaement_net revised: 2,-
DCM-MHD CITY

Form DCM MP-5 (Bridges and Culverts, Page 3 of 4)
RECEIVED
c. (i) Will the placement of the proposed bridge or culvert require any
high -ground excavation? ❑Yes ®No
If yes,
JUN 2 8 2018
(u) Avg. length of area to be excavated:
(!it) Avg. width of area to be excavated: _ D C IV I _ V Y A R Q
(iv) Avg. depth of area to be excavated:
(v) Amount of material to be excavated in cubic yards:
d. If the placement of the bridge or culvert involves any excavation, please complete the following:
(i) Location of the spoil disposal area: On site high ground south of the culvert installation
III) Dimensions of the spoil disposal area: 20'x30'
(iii) Do you claim title to the disposal area? ®Yes ❑No (If no, attach a letter granting permission from the owner.)
(iv) Will the disposal area be available for future maintenance? ®Yes []No
(v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell
bottom (SB)?
❑CW ❑SAV ❑WL ❑SB ®None
If any boxes are checked, give dimensions if different from (ii) above.
(vi) Does the disposal area include any area below the NHW or NWL? ? ❑Yes ®No
If yes, give dimensions if different from (ii) above.
e. (i) Will the placement of the proposed bridge or culvert result in any f. (i) Will the placement of the proposed bridge or culvert result in any
fill (other than excavated material described in Item d above) to fill (other than excavated material described in Item d above) to
be placed below NHW or NWL? ®Yes ❑No be placed within coastal wetlands/marsh (CW), submerged
If yes, aquatic vegetation (SAV), shell bottom (SB), or other wetlands
III) Avg. length of area to be filled: 30' (WL)? If any boxes are checked, provide the number of square
feet affected.
(III) Avg. width of area to be filled: 20' ®CW 360 ❑SAV ❑SB
(iv) Purpose of fill: Fill wil be brought in to act as a ❑WL _ ®None
foundation under and around the culverts to prevent (ii) Describe the purpose of the excavation in these areas:
settling of the proposed structure. Fill placed to the south of the structure will create an
elevation matching the existing dike to the south and
will be necessary to prevent tidal inundation
g. (i) Will the placement of the proposed bridge or culvert result in any
fill (other than excavated material described in Item d above) to
be placed on high -ground? ❑Yes ®No
If yes,
(ii) Avg. length of area to be filled:
(III) Avg. width of area to be filled:
IN) Purpose of fill:
a. Will the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary
utility lines? []Yes ®No detour structures? []Yes ®No
If yes, explain: If yes, explain:
RECEIVED
252-808-2808 :: 1-888-4RCOAST :: www.ncco.astalmanagement.net revise 4.uw
DCM_AAwr, ...�

Forth DCM MP-5 (Bridges and Culverts, Page 4 of 4)
If this portion of the proposed project has already received
approval from local authorities, please attach a copy of the
approval or certification.
< Form continues on back>
c. Will the proposed project require any work channels? d. How will excavated or fill material be kept on site and erosion
❑Yes ®No controlled?
If yes, complete Form DCM-MP-2.
e. What type of construction equipment will be used (for example,
dragline, backhoe, or hydraulic dredge)?
Tracked Excavator and Dump Truck
g. Will the placement of the proposed bridge or culvert require any
shoreline stabilization? ®Yes []No
If yes, complete form MP-2, Section 3 for Shoreline
Stabilization only.
C-�2 n,
Date
M, as i.
Project Name
Applicant Narrle i.
Appkcant Signature dK�, L--1 A Joy 1_
All disturbed soil will be covered with mulch and then
properly seeded to establish vegitation
f. Will wetlands be crossed in transporting equipment to project site?
❑Yes ®No
If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
RECEIVED
JUN 2 8 2018
DCM-WARD
RECEIVED
JUL 1 1 2018
252-808-2808 :: 1-888-4RCOAST :: www,nccoastalmana2ement. net lev se f
DCi -RAW[ LYTY

. a

Bodnar, Gregg
From:
Daniel Brinn <[e-mail]>
Sent:
Wednesday, August 29, 2018 1:24 PM
To:
Bodnar, Gregg
Cc:
Trowell, Steve; Dawson and Bethany Pugh
Subject:
Re: [External] RE: Conference call
Attachments:
image002jpg
Categories: Important
Gregg and Steve,
Thanks for the opportunityto do the conference call with all the resource folks, it was very helpful to hear the concerns.
Mr. Pugh would be willing to agree to a conditional permit in order to be able to install the structures with risers as
originally presented.
The risers would only be used in the event that a tide gate needed to be serviced,
Placement of riser boards would occur in only one of the two risers at a time, ensuring no water was being held/backed
up.
Placement of boards would be limited to no more than 7 consecutive days.
Notification would be made to the CAMA field rep. before boards were place.
Thanks.again for your time,
Daniel
On Mon, Aug 13, 2018 at 10:11 AM Daniel Brinn <[e-mail]> wrote:
Got it!
Thanks Mr. Gregg,
Daniel
From: Bodnar, Gregg[mailto:greoa.bodnarCcbncdenr.gov]
Sent: Monday, August 13, 2018 9:07 AM
To: Daniel Brinn
Cc: Trowell, Steve
Subject: RE: [External] RE: Conference call

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ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
August 7, 2018
Mr. Daniel Brinn
Hyde Co. Water and Flood Control Coordinator
PO Box 219
Swan Quarter, NC 27885
SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Mr.
Earl Pugh (Middle Creek Farms) in Hyde County
Dear Mr. Brian:
This letter is in response to the above referenced CAMA permit application for Mr. Earl Pugh,
which was accepted as complete by the Division's Elizabeth City office on June 28, 2018.
Processing of the application is ongoing. However, it has been determined that additional
information will be required prior to the Division taking final action on your application. These
required items are summarized below:
1) In accordance with 15A NCAC 07H.0208(a)(2)(B), it is the policy of this Division that,
prior to taking final action on a project of this nature, a Water Quality Certification for
the proposed development must first be approved by the Division of Water Resources
(DWR). Based upon the attached hold for additional information from the DWR dated
August 2, 2018, it appears as though additional information from the applicant will be
required before a final decision on issuance of a Water Quality Certification can be made.
2) In addition, the Division of Coastal Management Fisheries Resource Specialist has
submitted concerns related to the retention of water by the flashboard risers.
Therefore, it is necessary that processing of your permit application be placed in abeyance until
such time as the resource concerns are satisfied, the required information is provided to the
DWR, a Water Quality Certification is issued for the project, and a copy of the approval supplied
to this office.
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808

If you have any questions concerning these matters, please feel free to contact me by telephone
at [phone] extension 215, or by email at greg .bg odnarkgcdenr. ov.
Sincerely,
Gregg Bo
Division of Coastal Management
Assistant Major Permits Coordinator
CC:
Anthony Searbraugh, DWR WaRO (via email)
Raleigh Bland, USACE Washington Regulatory Field Office (via email)
Samir Dumpor, DEMLR WaRO (via email)
Shane Staples, DCM WaRO (via email)
Maria Dunn, WRC WaRO (via email)
Elizabeth City DCM
D_EQ�
North Carolina Department ofEnAra mentalpya8ty I DMstonofCoastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead Crty. North Carolina 2&W
2528082808 '

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RECEIVED
AUG 3 2018
MP SECTION MHD
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RECEIVED
AUG 3 2018
IMP SECTION MHD

❑,n i,h vi„ e(+ man u A U A' • c i.�
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TO:
Gregg Bodnay Assistant Major Permits Coordinator-
FROM:.
Shane Staples, DCM Fisheries Resource Specialist
SUBJECT;
Earl D. Pugh WMiddle Creek Fanma•
DATE:
7/31/18'
A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed•
the subject permit application for proposed actions that impact fish and fish habitats. The applicant
proposes to construct a water control structure in the channalized headwaters of Middle Creek a
designated primary nursery area, PNA. Two 30" x 30' culverts are proposed to be installed with flanges
to attach tide gates to the downstream portion of the culvert and flash board riser to the upstream portion.
The installation of the culverts will require the area be dredged to grads: and then earthen fill -will be
placed over top the culverts. The primary purpose of the project is to prevent saltwater intrusion into'the
agriculture drainage system upstream of this area. The project will result in the loss of access to
approximately 2,000 linear feet of canal and construction of the water control structure will fill
approximately 360ft of coastal wetlands
DCM fisheries has visited the site in March of 2018 and in July of 2018. During the March visit the canal
at this location and upstream was dominated by filamentous algae and no other visible signs of aquatic
life, During the July visit fish and shrimp we seen throughout the channelized creek and upstream canal
with mullet, shrimp, crab, and killifish observed, The area where the water control structure is proposed is
the last portion of the canal that has signs of the natural channel and a riparian area consisting of
wetlands. Above this location the canal narrows alid is flanked by the gravel road and earthen dyke the
south. While the tide gate installation at this location will out off access to a portion of canal, this area is
marginalized as habitat being narrow, shallow, and pinched between a road and, a dyke: DCM fisheries
does not object to the culvert and tide gate installation at this location for limiting saltwater. intrusion.
'However, removal of the proposal to install flashboard rigors is requested as this water management
practice can have negative impacts on the PNA waters downstream of the structure: Holding water in
canal. systems, particularly during dry periods of the summer, can cause the water to become anoxic
rapidly and can lead to the concentration of any ran -off (chemical or sediment) from agricultural.
practices. When riser boards are removed and anoxic water released it can cause mortality to larval and
juvenile fish in the downstream area and general avoidance of critical habitat afterward until conditions
stabilize. .
DCM fisheries also recommends a moratorium on in -water work from April I to September 30 due to the
dredge and fill proposed that could negatively impact the nursery functions of Middle Creek for larval and
juvenile fish and shellfish with increased turbidity.
Contact Shane Staples at [phone].or shane sta lrlees(dncdenr.gov with further questions or
concerns.
RECEIVE®
Sie�afNotavGemana .t EYIv(romnenfetQualiky 4 Pna�'el Rtmmgweiit•
w�ae0tbn.oake was �s rn�slw a+sm e. ur ,imar�es. AUG 2 2018
�asaasaar
•.,,�' _ MP SECTION MH®

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
DueMr
NORTII CAROL INA
Environmental Quality
September 25, 2018
Mr. Daniel Brim
Hyde Co. Water and Flood Control Coordinator
PO Box 219
Swan Quarter, NC 27885
SUBJECT: Coastal Area Management Act (LAMA) Permit Application Submittal for Mr.
Farl Pugh (Middle Creek Farms) m Hyde County
Dear Mr. Brinn:
This letter is in response to the above referenced CAMA permit application, which was accepted
as complete by the Division's Washington office on June 28, 2018. On August 7, 2018,
processing of your application was placed on hold pending resolution of issues with The NC
Division of Water Resources (NC DWR), Division of Marine Fisheries (DMF) and Wildlife
Resources Commission (WRC). This office received the conditioned 401 certification from the
NC DWR staff on September 18, 2018. On September 25, 2018, the Division received
confirmation of the Operations and Management Plan from DMF and WRC. Therefore,
processing of your permit application has officially resumed. The revised projected 75-day
deadline for making a decision is December 23, 2018.
Please feel free to contact me by phone at [phone] ext. 215 if you would like to discuss
this matter fiuther.
Sincerely,
14
k
Gregg B
Assistant Major Permits Coordinator
North CaroUna Department ofEnvlronmental Quality I DivisionofCaastal Management
Morehead City Offle 1 400 Commerce Avenue I Morehead City, North Carolina 28557
2528082808

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Earl D. Pugh Jr.
2. LOCATION OF PROJECT SITE: Project site is adjacent SR 1107, Middle Creek Road, on the channelized
headwaters of Middletown Creek off the Pamlico Sound in the community of Middletown near Engelhard in
Hyde County, North Carolina.
Photo Index - 2006:114-8947 N-7 2000:114-1385 K-22 1995:114-1225 I-12
Lat Long Coordinates: 35°28'52.68" N, 76'01'22.12 W
3. INVESTIGATION TYPE: CAMA/Dredge and Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 7 June 2018
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received — 28 June 2018
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Hyde County
Land Classification From LUP — Community
(B) AEC(s) Involved: EW, PTA, ES, PTS, CW
(D) Water Dependent: Yes
(D) Intended Use: Agriculture Drainage
(E) Wastewater Treatment: Existing - None.
Planned - None
(F) Type of Structures: Existing - None
Planned — 2- 30" culvert pipes equipped with tidegates downstream and
flashboard risers upstream.
(G) Estimated Annual Rate of Erosion: Unknown
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
±360 ft2 Coastal Marsh
600 ft2
(B) Non -Vegetated Wetlands
600 ft2
Canal bottom
(C) Other
Uplands
(D) Total Area Disturbed: 1,560 ft2 (0.04 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA HQW
Open: NO
8. PROJECT SUMMARY: The applicant proposes to place 2-30" wide x 30' long culvert pipes equipped with
tide gates on the downstream end and flashboard risers on the upstream end for the primary purpose to prevent
saltwater intrusion to adjacent cropland upstream. RECEIVED
JUL 112018
DCM-MHD CITY

Earl D. Pugh Jr.
Middletown Creek
Hyde County
Project Setting
The project site is located at the channelized head of Middle Creek off the Pamlico Sound
adjacent SR 1107, Middle Creek Road, in the community of Middletown south of Engelhard in
Hyde County, North Carolina. Middle Creek at its headwaters is channelized and parallels Middle
Creek road and appears to be a borrow canal used for fill to construct the Middle Creek road. The
barrow canal interfaces with the head of Middle Creek. The borrow canal/channelization is
approximately 20' wide and 2.5' deep at normal water levels (NWL). The project site is located
immediately downstream of an intersection of another drainage canal that drains cropland to the
north of Middle Creek road. A ±30" culvert, open without riser or tide gate, connects this drainage
canal to Middle Creek under Middle Creek road. There is a spoil road that parrels the
aforementioned drainage canal north of the project site. The spoil road has an elevation t2' higher
than the surrounding land elevation. Middle Creek is bordered by Middle Creek road to the north
and a flood prevention dike to the south. Both are t2.5' high above the NWL in Middle Creek.
The drainage ditch system in the cropland south of this dike is contained inside the dike and drains
to Middle Creek thru a culvert in the dike downstream of the project site. This pipe is equipped
with a tide gate. There are Coastal Wetlands marsh vegetated predominately with black needlerush
(Juncus roemerianusl, salt grass Distichlis s icata and salt meadow hay S artinapatens
associated with Middle Creek. The widths of this associated marsh vary and marsh is more
.prevalent where the stream has not been channelized downstream of the project site. At the project
site the southside of the canal has an area of Coastal wetland marsh (t12' wide x 116' long)
vegetated primarily with salt meadow hay S artina atens . Upstream of the project site the canal
bank gains elevation and Coastal Wetlands marsh is not present to the terminus of the drainage
feature. The Middle Creek channelization narrows upstream of the project site.
Water depths at the project site minus 2.5' to 3.0' below NWL. There was no submerged
aquatic vegetation observed during site visits this spring. Middle Creek is designated as a primary
nursery area (PNA) by the Marine Fisheries Commission and SA HQW by the Environmental
Management Commission and is closed to shellfishing.
Project Description
The applicant is the landowner on the southside of Middle Creek adjacent the project site.
The applicant also owns a parcel and farms the cropland on the north side of Middle Creek road.
The applicant proposes to construct a water control structure consisting of dual custom built
aluminum 30" wide x 30' long culverts equipped with tide gates and a flash board riser for the
primary purpose of preventing saltwater intrusion into the agricultural drainage ditch system north
of Middle Creek road as well as further up Middle Creek canal and ultimately into the ditch system
in cropland to the south. This location is advantageous to the applicant in that it allows for the
spoil road on the east side of the drainage canal across Middle Creek road to the north to serve as
RECEIVED
JUL 1 1 2018
DCM-MHD CITY

Earl D. Pugh Jr.
Middletown Creek
Hyde County
Page Two
a flood prevention dike for the cropland to the west. The tide gates are concave aluminum flaps
with a rubber gasket that seals to a flange bolted to the pipe that seals off the pipe preventing the
flow of water upstream when the hydraulic pressure from an incoming wind tide exceeds hydraulic
pressure from drainage upstream. When hydraulic pressure from gravity flow drainage upstream
is greater the flap opens allowing water flow to move downstream. The riser on the upstream end
has a twofold purpose: It can hold water to maintain a higher water table for crops during dry
periods in the growing season as well as serve as a backup to the tide gate in slowing or stopping
the movement of saltwater upstream of the water control structure. By placing the gated culverts
in this location also allows for Middle Creek road also to serve as a flood protection dike for land
north of the road bed. An excavator will excavate out the muck in the culvert footprint, t30'long
x 20'wide. This area will then be backfilled most likely with gravel to provide a stable foundation
to support the culverts. Fill dirt will be placed over the culverts to an elevation of 1.7' from the
top of the culvert pipe contained by an aluminum headwall on the upstream side. The fill dirt will
be sloped at a minimum 2' to l' on the downstream side with the toe of the fill at the collar
supporting the tide gates. The fill dirt will be sloped and graded then seeded and covered with
mulch to provide a vegetated ground cover to prevent erosion. Riprap may also be placed on the
slope on the downstream side to stop erosion of the fill dirt. An area of high marsh will be filled
on the south side of the canal 12' x 30' maintaining the elevation of the fill over the water control
structure to the existing earthen dike in adjacent cropland.
Anticipated Impacts
The project as proposed will result in the loss of any estuarine dependent species from
utilizing the canal upstream of the project site. The proposed culvert will result in the filling of
±360 ftz of Coastal Wetland marsh and the excavation and filling of 600 ft= of canal bottom.
Steve Trowell — Washington Regional Office - 25 June 2018
RECEIVED
JUL 1 1 2018
DCM-MHD CITY

Middle Creek Tide Gates
Major LAMA Permit Application
Project Narrative
6-4-2018
Mr. Earl Pugh Jr. and his son Earl (Dawson) Pugh III are applying for a Major CAMA permit to
install a water control structure in Middle Creek Canal at 1265 Middle Creek Rd Engelhard, NC 27824.
The site is strategically located based upon existing Hydrology and infrastructure. Dawson Pugh has
worked with the North Carolina Agricultural Cost Share Program to design and help fund the installation
to Natural Resource Conservation Service Standards.
At the Proposed site the structure would provide protection from salt water intrusion and
drainage water management to approximately 240 acres of mostly crop land, with some pine plantation
included. This location is strategic because it would allow the Pugh's to utilize an existing dike to the
south and existing culverts and a Road bed to the north to act as barriers to saltwater intrusion.
There is a proposed fill of coastal wetlands of +/- 360 sqft in this proposal and upstream of the
structure is a manmade canal with no wetlands within the watershed. Moving the structure upstream
would require the Pugh's to construct an additional 1600ft of dike,1600ft of canals, require a new
culvert be installed under and bisecting Middle Creek Rd, and result in 16 acres of land being removed
from the watershed
RECEIVED
JUN 2 8 2018
DCM-WARO
RECEIVED
JUL 1 1 2018
DCM-MHD CITY

RECEI ED
92 FM671
eliA(
JUN 0 7 018
-
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STATE OF NORTH CAROL.INA '
DCM-WARO
COUNTY
OF HYDE
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%• THIS INDENTURE, made this 27th day of March 1972, by and
between WILLIAM LAWRENCE JOHNSTON and wife, GAIL R. JOHNSTON, of Pander
County, North Carolina, parties of the first part, and EARL DAWSON PUGH, JR.
(Single), of Hyde County, North Carolina, party of the second part,
WITNESSETH:
.
THAT the said parties of the first part, for and in consideration of the sum
of ONE ($1,00) DOLLAR and other valuable considerations to them in hand paid by
the said party of the second part, the receipt whereof Is hereby acknowledged, have
igiven,
granted, bargained and conveyed, and by these presents do hereby give,
grant, bargain and convey and confirm unto the said party of the second part, his
O
heirs, administrators and executorsr, � footev�tn all that certain lot of land situated,
lying and being In Hyde County, North Carolina, bounded and described as follows:
j
TRACT #I: Lying and being in Lake Landing Township,
" Hyde County, North Carolina, and particularly described
l w as follows: Containing Twelve and one-half (12 1/2) acres,
more or less, and being bounded on the North by the Fulford
! " "v Land: Bounded th East by �}�
{
on
t y,- anla know aq ,��•ltrsa,! L,
w . Jeanette Land, nail'"by 6 f-SP'tdddd'eil
now o � onr�he
au' South by the public road and Rattlesnake Canal, and bounded
1
Iw on the West by other land known as the "R. L. Jeanette Land"
¢ which is now owned by l3arol4; r.Naal, ,Jaricc E. tfidycC6c
i_... , and
i
TRACT #2: Lying and being In Lake Landing Township,
g Hyde County, North Carolina and particularly described
l
r as follows: BEGINNING at a point In the Saunderson
1
o n Canal at the mouth of the East Cox ditch, and running thence
i„ South 41 degrees 10 mins. West 3272 feet to a corner at the
woods, in the line of the lands purcha sed by S. A. Wlndley
1
from Walton O'Neal; then with the line of S. A. Wlndley's
land North 72 degrees 25 mins. East 842 feet to another
comer; running thence North 73 degrees, with the center of
r[��
s"--a ditch 877 feet to a stake or stone - a comer, running
ithence North 47 degrees 35 mins. East, with the center
o Lof said ditch 300 feet to a stake or stone; running thence
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RECEIVED
�rnf 92 jaft672 JUN 0 7 2018
North 41 degrees East, with the center of said ditch, 981
feet to a stake or stone - a comer; running thence South DCM_yyARO
42 degrees East 1587 feet to the North side of a ditch,
which lies on the North side of the Seth Gibbs' road, ,
running thence North 44 degrees 15 mfns. East 425*feet to a
stake in the bank of said ditch; running thence North 41
degrees 5 mins. East 1100 feet to the mouth of the Gibbs
Canal at the South side of Middle Creek; running thence up
and with said Creek and Saunderson's Canal, which leads
into the head of the same, to the beginning, containing
100 acres, more or less. Reference is hereby made to deed
by T. J. Mann and wife to L. P. Spencer, dated March 16,
1915, of record in Deed Book 39, Page 64, Office of the
Register of Deeds of Hyde County.
This land is conveyed subject to the reservation of a cartway
as described In deed by T. J. Mann and wife, hereinabove
mentioned,
together with all and singular, the lands, tenements, easements and appurtenances
thereto belonging, or in anywise appertaining.
TO HAVE AND TO HOLD the above granted and described premises, together with
all and singular, the rights, privileges, easements, tenements and appurtenances
thereunto belonging, or in anywise appertaining unto the said party of the second
and assigns, w.JP
part, his heirs, executors and administrators,/in fee simple, FOREVER.
And the said parties of the first part, for their heirs, executors and J
administrators, do covenant to and with the said party of the second part, his heirs,
executors and administrators, that they are seized in fee of the above granted
and described premises, and they have good right to sell and convey the same in fee
simple; that the same are free and clear from any and all encumbrances; and that
they will, and their heirs, executors and administrators, shall WARRANT and
DEFEND the title to the same against the lawful claims and demands of any and all
persons, whomsoever.
IN TESTIMONY WHEREOF, the said parties of the first part have hereunto
set their hands and affixed their seals, the day and year
first above written.
William Lawrenceohnston
(SEAL) y�
Gail R. Johnston
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92 Fv673
STATE OF NORTH CAROLINA _
COUNTY OF M HANOVER
1, �� R Oil-Cr�, a Notary Public In and for the
State and Cotnty aforesaid, do hereby certify that WILLIAM LAWRENCE JOHNST
and wife, GAIL R. JOHNSTON, each personally appeared before me this date an
acknowledged the due execution of the foregoing Instrument for the purposes thi
set forth,
'�'•"" VITNESt: my hand and seal, this vjZ day of March, 1972.
Notary Public
My Commission expires:
1 .2 /97S
RECEIVED
AN 0 7 2018
NORTH CAROLINA
HYDE COUNTY
The foregoing certificate of Mildred A. Fredere, e
Notary Public of the County of New Hanover, State of North
Caroline, together with her Notarial Seal attached, Is certified
to be correct. This instrument was presented for registration
this day and hour and duly recorded in tho Office of the
Register of Deeds of Hyde County, North Carolina, in Dead
Hook, page.
This the 30th day of March, 1972, at
o'clock, P. M.
:t ��is er o� f h�aods
Hyde County, North Carolina
i
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RECEIVED
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
7 2018
Name of Property Owner Requesting Permit: F�^ r • D-IALp11Q
Mailing Address:
Phone Number:
Email Address:
I certify that I have authorized
32• N e lo r s (.-%a
7 9ZY
(2s2-) L-1-73 -D28o
Mi�Aleto— -i-Cc,cyx-%P cvv%.6ararnn-l•ce•n
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: T� 14 c( I in f t o r
n c l n -79
at my property located at 'j� � S t/%1 r dd Cr-. � d • knc5 I e , 2�szy
in County.
I furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
99 ,Signature
/a6 � Jr
nn Print drType Name
a*v Qwxe/
r Title
Date
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F-
This certification is valid through o U
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"'This is a word processing form to be completed in Microsoft Word —
NC Division of Coastal Management
Major Permit Application Computer Sheet
(02/15/2010)
Applicant: Date: 7l2/2018
Project Site County t L
Staff: District: ❑Elizabeth City ashington
L ❑Morehead City []Wilmington
Project Name: Rover File:
SITE DESCRIPTION/PERMIT INFORMATION
PNA: Yes ❑No
Photos Taken: Yes No
Setback Required (riparian): ❑Ye o
Critical Habitat: ❑Yes XNo ❑Not Sure
15 foot waiver obtained: ❑Yes ANo
Hazard NppjyJficefion Returned:
❑Yes ,8a'V0
SAV: ❑Yes o ❑Not Sure
Shell Bottom: ❑Yes o ❑ Not Sure
Temporary Impacts: ❑Yes EfNo
Sandbags: []Yes No ❑ Not Sure
Did the land u;e classification come from
county LUP: FtKes ❑No
Mitigatiog jequired (optional):
❑Yes Mo
Moratorium Conditions: Yes ❑No
]NA
Environ ntal Assessment Done:
❑Yes JANo ❑NA
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW)
High Quality Waters (HQW) ❑ Outstanding Resource Waters (OR"
WETLANDSIMPACTED
(404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort ( Salicomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
altemiflora)
cynosuroides)
(DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncos
(SP) San eadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) Priv. public or Comm w/ D&F to 1
can be applied - $250
acre; 3490 can't be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit -$250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 3490 can be applied - $400
❑ Major development extension request -
ll. Public or commercial/no dredge
$100
and/or fill - $400
❑ I. Private no dredge and/or fill - $250
XIII(C) Priv. public or Comm w /D&F to 1
acre; 3490 can be applied; DCM needs
RECEIVED
DWQ agreement - $400
JUL 1 1 2018
252-808-2808 :: 1-888-4RCOAST :: www.neconstalmanaeement.net DG*V-1Wiib1t1tY

NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3)
Applicant:
Date: 7/2/2018
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft
(Applied for.
Disturbance total
includes any
anticipated
restoration or
tem im ads
FINAL Sq. Ft
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
impact amount
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
tempimpacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount
,.y
Dredge Fill% Both �y Other ❑
Dredge ❑ Fill 1r Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
RECEIVED
252-808.2808 :: I.888-4RC0A8T :: www.nccoastaimannooment.net
JUL 1 1 2018
15I` OD CITY

NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3)
Applicant:
Date: 7/2/2018
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet
TYPE REPLACE i
Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3
One I One i i
Dimension 4
New Work
Replace
30
t
Maint ❑
❑ YAN
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Mart ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
RECEIVED
JUL 112018
176Af/tITY

Middle Creek Tide Gates
Major CAMA Permit Application
Riparian Landowner List
6-4-2018
YODER DONALD W
1480 FARROW FORK RD.
ENGELHARD,N.C. 27824
MCKINNEY, JULIAN W.
P.O. BOX 187
ENGELHARD, NC 27824
LOW COUNTRY FARM, LLC
2131 COWPER DR
RALEIGH, NC 27608
KKW INVESTMENTS, LLC
2S14 SMITH HARBOUR DR
DENVER, NC 28037-8093
NC DOT DISTRICT 1
Darrick LEE
19210 US 64 East
Williamston NC 27892
RECEIVED
JUN 0 7 2018
DCM-WARO
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RIPARIAN NOTIFICATION FOR
CAMA MAJOR PERMIT APPLICATIONS
Daniel Brinn
Hyde County Water & Flood Control Coordinator
30 Oyster Creek Rd
P O Box 219
Swan Quarter, NC 27885
Certified Mail —Return Receipt Requested
June 4t', 2018
MCKINNEY,JULIAN W.
P.O. BOX 187
ENGELHARD, NC 27824
Dear Mrs. McKinney
RECEIVED
JUN 0 7 P018
DCM-WARO
Earl Dawson Pugh Jr. is applying for a CAMA Major permit to install culverts, tide gates and risers located
within Middle Creek Canal at 1265 Middle Creek Rd, Engelhard, NC 27824, in Hyde County, North
Carolina. The specifics of the proposed work are in the enclosed application forms and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of
the development in order to give you the opportunity to comment on the project. Please review the
attached permit application and drawings.
Should you have any objections to this proposal, please send your written comments to Jonathan
Howell, District Manager, 943 Washington Square Mall, Washington, NC 27889, within 30 days of your
receipt of this notice. Such comments will be considered by the Department in reaching a final decision
on the application. No comment within 30 days of your receipt of this notice will be considered as a no
objection. If you have any questions on this project, please call me at 252-926-7253, or e-mail me at
[e-mail]
Sincerely,
Daniel Brinn
Water & Flood Control Coordinator
}
Enclosures, MP1, MP4, Drawings/Maps 1-4
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RECEIVED
RIPARIAN NOTIFICATION FOR JUN 0 7 2018
CAMA MAJOR PERMIT APPLICATIONS
DCM-WARO
Daniel Brinn
Hyde County Water & Flood Control Coordinator
30 Oyster Creek Rd
P O Box 219
Swan Quarter, NC 27885
Certified Mail — Return Receipt Requested
June 0, 2018
Low Country Farm LLC
2131 COWPER DR
RALEIGH, NC 27608
Dear Low Country Farms LLC
Earl Dawson Pugh Jr. is applying for a CAMA Major permit to install culvert, tide gates and Risers located
within Middle Creek Canal at 1265 Middle Creek Rd, Engelhard, NC 27824, in Hyde County, North
Carolina. The specifics of the proposed work are in the enclosed application forms and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of
the development in order to give you the opportunity to comment on the project. Please review the
attached permit application and drawings.
Should you have any objections to this proposal, please send your written comments to Jonathan
Howell, District Manager, 943 Washington Square Mall, Washington, NC 27889, within 30 days of your
receipt of this notice. Such comments will be considered by the Department in reaching a final decision
on the application. No comment within 30 days of your receipt of this notice will be considered as a no
objection. If you have any questions on this project, please call me at 252-926-7253, or e-mail me at
[e-mail]
Sincerely,
Daniel Brinn
Water & Flood Control Coordinator
Enclosures, MP1, MP4, Drawings/Maps 1-4

RECEIVED
RIPARIAN NOTIFICATION FOR JUN 0 7 2018
CAMA MAJOR PERMIT APPLICATIONS
DCM-WARO
Daniel Brinn
Hyde County Water & Flood Control Coordinator
30 Oyster Creek Rd
P O Box 219
Swan Quarter, NC 27885
Certified Mail — Return Receipt Requested
June 4th, 2018
NC DOT District 1, Derrick Lee
19210 US 64 East
Williamston, NC 27892
Mr. Derrick Lee
Earl Dawson Pugh Jr. is applying for a CAMA Major permit to install culvert, tide gates and Risers located
within Middle Creek Canal at 1265 Middle Creek Rd, Engelhard, NC 27824, in Hyde County, North
Carolina. The specifics of the proposed work are in the enclosed application forms and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of
the development in order to give you the opportunity to comment on the project. Please review the
attached permit application and drawings.
Should you have any objections to this proposal, please send your written comments to Jonathan
Howell, District Manager, 943 Washington Square Mall, Washington, NC 27889, within 30 days of your
receipt of this notice. Such comments will be considered by the Department in reaching a final decision
on the application. No comment within 30 days of your receipt of this notice will be considered as a no
objection. If you have any questions on this project, please call me at 252-926-7253, or e-mail me at
[e-mail]
Sincerely,
Daniel Brinn
Water & Flood Control Coordinator
Enclosures, MP1, MP4, Drawings/Maps 1-4
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RECEIVED
RIPARIAN NOTIFICATION FOR JUN 07 Z018
CAMA MAJOR PERMIT APPLICATIONS DCM_WARO
Daniel Brinn
Hyde County Water & Flood Control Coordinator
30 Oyster Creek Rd
P O Box 219
Swan Quarter, NC 27885
Certified Mail — Return Receipt Requested
June 4th, 2018
KKY Investments LLC
2514 Smith Harbour Dr.
Denver, NC 28037
KKY Investments LLC
Earl Dawson Pugh Jr. is applying for a CAMA Major permit to install culverts, tide gates and risers located
within Middle Creek Canal at 1265 Middle Creek Rd, Engelhard, NC 27824, in Hyde County, North
Carolina. The specifics of the proposed work are in the enclosed application forms and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of
the development in order to give you the opportunity to comment on the project. Please review the
attached permit application and drawings.
Should you have any objections to this proposal, please send your written comments to Jonathan
Howell, District Manager, 943 Washington Square Mall, Washington, NC 27889, within 30 days of your
receipt of this notice. Such comments will be considered by the Department in reaching a final decision
on the application. No comment within 30 days of your receipt of this notice will be considered as a no
objection. If you have any questions on this project, please call me at 252-926-7253, or e-mail me at
[e-mail]
Sincerely,
Daniel Brinn
Water & Flood Control Coordinator
Enclosures, MP1, MP4, Drawings/Maps 1-4
10
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RIPARIAN NOTIFICATION FOR
CAMA MAJOR PERMIT APPLICATIONS
Daniel Brinn
Hyde County Water & Flood Control Coordinator
30 Oyster Creek Rd
P O Box 219
Swan Quarter, NC 27885
Certified Mail — Return Receipt Requested
June 41", 2018
Donald W. Yoder
1480 Farrow Fork Rd.
Engelhard, NC 27824
Dear Mr. Yoder
Earl Dawson Pugh Jr. is applying for a CAMA Major permit to install culverts, tide gates and risers located
within Middle Creek Canal at 1265 Middle Creek Rd, Engelhard, NC 27824, in Hyde County, North
Carolina. The specifics of the proposed work are in the enclosed application forms and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of
the development in order to give you the opportunity to comment on the project. Please review the
attached permit application and drawings.
Should you have any objections to this proposal, please send your written comments to Jonathan
Howell, District Manager, 943 Washington Square Mall, Washington, NC 27889, within 30 days of your
receipt of this notice. Such comments will be considered by the Department in reaching a final decision
on the application. No comment within 30 days of your receipt of this notice will be considered as a no
objection. If you have any questions on this project, please call me at 252-926-7253, or e-mail me at
[e-mail]
Sincerely,
Daniel Brinn
Water & Flood Control Coordinator
Enclosures, MP1, MP4, Drawings/Maps 1-4 RECEIVED
JUL 112018
DCM-MHD CITY

U.S. Postal Service"
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PS Form 3800, April 2015 PSN ]53002LOO Soa> See Reverse for Instructions
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JUL 112018
pCPA-MHD CITY

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ROY COOPER
Governor
MICHAEL S. REGAN
secremry
Coastal Management
ENVIRONMENTAL QUALITY BRAXTON C. DAVIS
Director
05 July 2018
Middle Creek Farms
Earl D. Pugh Jr.
Earl D. Pugh III
3159 Nebraska Rd
Engelhard NC 27824
Dear Middle Creek Farms:
The NC Division of Coastal Management hereby acknowledges receipt of your application for
State approval for development of your property located off SR 1107 at 1265 Middle Creek Rd. at
head of Middle Creek near Engelhard in Hyde County, North Carolina. It was received on 28 June
2018, and appears to be adequate for processing at this time. The projected deadline for making a
decision is 11 September 2018. An additional 75-day review period is provided by law when such
time is necessary to complete the review. If you have not been notified of a final action by the
initial deadline stated above, you should consider the review period extended. Under those
circumstances, this letter will serve as your notice of an extended review. However, an additional
letter will be provided on or about the 75th day. Steve Trowell, Field Representative for the
Division of Coastal Management is responsible for processing your permit and he can be reached
at 252-948-3854 or via email at Steve.TrowellAancderingov if you have any questions.
If this agency does not render a permit decision within 70 days from 28 June 2018, you may
request a meeting with the Director of the Division of Coastal Management and permit staff to
discuss the status of your project. Such a meeting will be held within five working days from the
receipt of your written request and shall include the property owner, developer, and project
designer/consultant.
NCGS I I3A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must
be posted at the property of your proposed development. You should post this notice at a
conspicuous point along your property where it can be observed from a public road. Some
examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way
fronting your property, or at a point along the road right-of-way where a private road would lead
one into your property. Failure to post this notice could result in an incomplete application.
-'>�NothingCompares.,` JUL 112018
6=nr *w&Caaina Ea.im :Beal Quality C=td afiiw.mmt � 943WnhigmnSRmMNa➢ Wadinpmn,\C27229 DCM—MHD CITY
Y/
2529466491

Middle Creek Farms
Earl D. Pugh Jr.
Earl D. Pugh III
05 July 2018
Page 2 of 2
An onsite inspection will be made, and if additional information is required, you will be
contacted by the appropriate State or Federal agency. Please contact me if you have any questions
and notify me in writing if you wish to receive a copy of my field report and/or comments from
reviewing agencies.
Steve Trowell
Coastal Management Representative
Division of Coastal Management
Washington Regional Office
Enclosure
Cc: Greg Bodnar - Assistant Major Permit Coordinator
WARO
JUL 1 1 2018
DCM-MHD CITY

AMA PERMIT
APPLIES FOR
, ■.. .. ....
pllfwu�A rTT3W4
COMMENTS ACCEPTED THROUGH a$ uu�u aoiz
APPLICANT:
•
• . . ..
; .
In .05 WTI I
AT Firtamiq
FOR MORE D ETAI LS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
1 Steve Trowell, RenreSent'a+;%fe
_N C Division o V 1 rgz4- MaM rn t-
94S Ugg:hofn#M Sa Mall
UTAShinatan NC a1299
(asa)q g.3B54

Water Resources
ENVIRONMENTAL QUALITY
Coastland Times
P.O. Box 400
Manteo, NC 27954
05 July 2018
Attention: Legal Advertising Department
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
BRAXTON C. DAVIS
Director
Please include the enclosed Notice of Filing in the Public Notice section of the July 8, 2018 edition of your
newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about
this notice, please call me as soon as possible at 948-3820.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. Please send the affidavit, an original copy of the
published notice, and an original invoice to:
ATTACHMENT
Cc: File
Melissa Sebastian
NCDENR
COASTAL MANAGEMENT DIVISION
400 COMMERCE AVENUE
MOREHEAD NC 28557
252-809-2808 ext. 229
Sincerely,
Aj—
Keri Sparks, Administrative Assistant
Division of Coastal Management
Jul 1 1 2013
`^Nothtrtg G�trtpa `. DCM-MHO CITY
SnsufNarIh Cadm Pnvi,000 "Quality Ca tgh&ftg m t
9/3wahigmsgmn1laa Wuhapi NC27ts9
2529166gs1

NOTICE OF FILING
OF APPLICATION FOR
CAMA MAJOR DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S.
113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under
the Coastal Area Management Act (CAMA) was received on 28 June 2018. According to the said application
submitted by Mr. Daniel Brinn on behalf of Mr. Earl D. Pugh, applicant proposes to construct a water control structure
consisting of dual custom build aluminum 30" wide 30" long culverts equipped with tide gate sand flash board riser
for the primary purpose of preventing saltwater intrusion into the agricultural drainage ditch system north of Middle
Creed road as well as further up Middle Creek canal.
A copy of the entire application may be examined or copied at the office of Jonathan R. Howell, District
Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours.
Public comments received by 28 July 2018 will be considered. Later comments will be accepted and considered up to
the time of permit decision. Project modifications may occur based on further review and comments. Notice of the
permit decision in this matter will be provided upon written request.
Steve Trowel], Field Representative
Coastal Management Representative
NC Division of Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889
[phone]
Please publish on: 05 July 2018
JUL 1 1 2018
DCM-MND CITY

MAJOR }f IELV1dV R ll 1P 1PaE 1V1'A ll li X
.416B�10QS1®$a
yelec46®¢ DevelopmentType Cee DCU, % DWQ %
a
(14300 1601435100093 1625 6253) (243001602 435100095 2341)
'ij
I. Private, non-commercial
❑ development that does not $250 100% ($250) 0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
II. Public or commercial
development that does not $400i 100% ($400) 0% ($0)
involve the filling or
excavation of any wetlands i
or open water areas:
Major Modification to a $250 100% ($250) 0% ($0)
CAMA Major permit
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B C, or D below applies:
III(A). Private, non-
commercial development, if $250 100% ($250) 0% ($0)
General Water Quality
Certification No. 3490 (See
attached)can be a lied:
Ill(B). Public or commercial
development, if General $400 100% ($400) 0% ($0)
Water Quality Certification
No. 3490 (See attached)
can be a lied:
General III C f -.
( ) Water
Quality Certification No. $400 60% ($240) 40% ($160)
3900 see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
a uatic life:
III(D). If General Water
Quality Certification No. $400 60% ($240) 40% ($160)
3900 (see attached) cannot
be applied:
IV. For development that :Mn involves the filling and/or $475 60% ($285) 40% ($190)
excavation of more than
one acre of wetlands and/or RECEIVE
open water areas:
JUL 1 1 2018
DCM-MHD CITY

"ECEIVED
JUL 1 1 2018
DCM-MHD EI7
Received From:
Permit No.:
Applicant's Name:
Project Address:
NC Division of Coastal Management 6488 Adl C D
Cashier's Official Receipt
Date: 20
i/ CtD
Please retain receipt for your cords as proof of payment for permit issued.
Signature of Agent or Applicant:
Signature of Field Representative:
Date:
Date—
s �