20140090 Ver 7_Water transfers from Smith Creek_20191202

Wanucha, Dave
From: Bryan, Jeff
Sent: Wednesday, November 27, 2019 3:43 PM
To: Peele, Linwood
Cc: Wanucha, Dave
Subject: FW: Water transfers from Smith Creek
Attachments: Smith Creek and Ponds.JPG; GS_143-215.22H.pdf
Hi Linwood,
Hope you are well. Can you help Mr. Wanucha with this matter (see email below). Does the farmer need to register/re-
register the withdrawal?
Thank you,
Jeff
Jeff H. Bryan, P.E.
Assistant Regional Engineer
Public Water Supply Section
Department of Environmental Quality
336 776 9663 office
336 403 1092 mobile
ieff.bir an U)ncde ir.gov
Winston Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston Salem, NC 27105
Ernadd corrvrrvood)on dencc to arid drrvorn this address is or biecd to the
lVorlh Carolina Public Records Law arid ina.y be disclosed to third 1,mildco.
From: Wanucha, Dave <[e-mail]>
Sent: Monday, November 25, 2019 1:02 PM
To: Bryan, Jeff <[e-mail]>
Subject: Water transfers from Smith Creek
Jeff,
Per our telcon, DOT basically plans to relocate Smith Cr (WS-III) north into the ponds. The ponds will be drained and a
new channel built. A vault will be built by DOT so the farmer can pump water to what ponds are left.
The issue is whether or not the farmer can continue with withdrawing water from Smith Creek for aquaculture
purposes. Apparently they have been doing this for years. Does he need permission from NC to continue with the
transfers?

I need to know in about two weeks at the latest so I can get back with DOT. Imagery and GS attached. Thanks.
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Dave Wanucha
Division of Water Resources
4.01.._. B_L-aff_r.Trnsortation Iermittin
NC Department of Environmental Quality
336-776-9703 office
336-403-5655 mobile
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NC DEQ Winston Salem Regional Office
450 West Hanes Mill Road, Suite 300
Winston Salem, NC 27105
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§ 143-215.22H. Registration of water withdrawals and transfers required.
(a) Any person who withdraws 100,000 gallons per day or more of water from the
surface or groundwaters of the State or who transfers 100,000 gallons per day or more of water
from one river basin to another shall register the withdrawal or transfer with the Commission.
A person registering a water withdrawal or transfer shall provide the Commission with the
following information:
(1) The maximum daily amount of the water withdrawal or transfer expressed in
thousands of gallons per day.
(la) The monthly average withdrawal or transfer expressed in thousands of
gallons per day.
(2) The location of the points of withdrawal and discharge and the capacity of
each facility used to make the withdrawal or transfer.
(3) The monthly average discharge expressed in thousands of gallons per day.
(b) Any person initiating a new water withdrawal or transfer of 100,000 gallons per day
or more shall register the withdrawal or transfer with the Commission not later than two
months after the initiation of the withdrawal or transfer. The information required under
subsection (a) of this section shall be submitted with respect to the new withdrawal or transfer.
(b 1) Subsections (a) and (b) of this section shall not apply to a person who withdraws or
transfers less than 1,000,000 gallons per day of water for activities directly related or incidental
to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy products,
livestock, poultry, and other agricultural products, or to the creation or maintenance of
waterfowl impoundments.
(b2) Registration of a withdrawal or transfer of water under this section or information
that is provided by a water user pursuant to G.S. 106-24 and authorized for release to the
Commission by the individual water user may be used as evidence of historic water use in the
event that it becomes necessary or desirable to allocate available water resources among
specific classes, persons, or individuals who use water resources.
(c) A unit of local government that has completed a local water supply plan that meets
the requirements of G.S. 143-355(1) and that has periodically revised and updated its plan as
required by the Department has satisfied the requirements of this section and is not required to
separately register a water withdrawal or transfer or to update a registration under this section.
(d) Any person who is required to register a water withdrawal or transfer under this
section shall update the registration by providing the Commission with a current version of the
information required by subsection (a) of this section at five-year intervals following the initial
registration. A person who submits information to update a registration of a water withdrawal
or transfer is not required to pay an additional registration fee under G.S. 143-215.3(a)(1a) and
G.S. 143-215.3(a)(1b), but is subject to the civil penalty established under this section in the
event that updated information is not submitted as required by this subsection.
(e) Any person who is required to register a water transfer or withdrawal under this
section and fails to do so shall pay, in addition to the registration fee required under G.S.
143-215.3(a)(1a) and G.S. 143-215.3(a)(1b), a civil penalty of one hundred dollars ($100.00).
A person who is required to update a registration under this section and fails to do so shall pay
a civil penalty of fifty dollars ($50.00). For each willful action or failure to act for which a
penalty may be assessed under this subsection, the Commission may consider each day the
action or inaction continues after notice is given of the violation as a separate violation. A
separate penalty may be assessed for each separate violation. (1991, c. 712, s. 1; 1993, c. 344,
s. 1; c. 553, s. 81; 1998-168, s. 3; 2008-143, s. 1; 2008-198, s. 11.6.)
G.S. 143-215.22H Page 1

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