20121137 Ver 1_Other Documents_20160303

Strickland, Bev
From:Bowers, Todd <[e-mail]>
Sent:Thursday, March 03, 2016 10:59 AM
To:Scarbraugh, Anthony; Trowell, Steve
Cc:Higgins, Karen; Spivey, Kelly; May, David; Pelletier, Josh R SAW
Subject:RE: Complaint from Arleen Burley of Ocracoke about Permits # 12-1137 and #
14-0398 (NCDENR)
Attachments:burley letter 02_21_16.pdf
Steve and Anthony,

Please take a look at this letter and provide an appropriate response to Ms. Burley. She still seems to be very concerned
with her property and the potential for hydrologic trespass that the mitigation project adjacent to her property may be
causing. She is requesting a direct response and relief from the local offices to her concerns about her property. Please
let me know how you are or plan to resolve this matter with her. Ms. Burley has provided many aerial photos and google
earth images but no pictures of her property and the perceived damage to her home. Therefore the claimed level of
damage to her property remains unknown, however her issues do not seem to have been resolved by previous site visits
and letters from the Corps or DCM.

Thank you for looking into this again and your assistance in this matter is greatly appreciated. Our agency has committed
to working with the local agencies to ensure that the project is meeting Clean Water Act standards.

Best Regards,
Todd Bowers

From: Scarbraugh, Anthony \[mailto:[e-mail]\]
Sent: Friday, May 01, 2015 10:59 AM
To: Bowers, Todd <[e-mail]>
Cc: Higgins, Karen <[e-mail]>; Spivey, Kelly <[e-mail]>; Trowell, Steve
<[e-mail]>
Subject: RE: Complaint from Arleen Burley of Ocracoke about Permits # 12-1137 and #14-0398 (NCDENR)

Todd,

How is 10:30 on Monday morning sound? You can call [phone] for David’s office. Steve Trowell with the
Division of Coastal Management met with Ms. Burley concerning her complaints and could possible also
participate in the conference call if his schedule allows.

Thanks,
Anthony Scarbraugh

Anthony Scarbraugh
Environmental Senior Specialist
Washington Regional Office
North Carolina Department of Environment and Natural Resources
Division of Water Resources – Water Quality Regional Operations Section
1

943 Washington Square Mall
Washington, NC 27889
[phone]

****************************************************************************
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties unless the content is exempt by statue or other regulation.
****************************************************************************

From: Bowers, Todd \[mailto:[e-mail]\]
Sent: Friday, May 01, 2015 10:31 AM
To: Higgins, Karen; Smith, Ronnie D SAW; Crumbley, Tyler SAW
Cc: Scarbraugh, Anthony; May, David; Able, Tony
Subject: RE: Complaint from Arleen Burley of Ocracoke about Permits # 12-1137 and #14-0398 (NCDENR)

Thank you very much Karen,
I will touch base again with Anthony and David on Monday as I’ve got a really short day in the office today. I’ve
been out all week but this matter is at the top of my priority list as our Regional Administrator has to sign my
agency response. Sounds like they could really provide some answers and/or course of action. This helps a great
deal.

David and Anthony,
Could you send your phone numbers? I would like to make a quick phone call on Monday or at your convenience
in order to get some details. I appreciate any information you can provide.

Best Regards to you all,
Todd

From: Higgins, Karen \[mailto:[e-mail]\]
Sent: Friday, May 01, 2015 10:24 AM
To: Bowers, Todd; Smith, Ronnie D SAW; Crumbley, Tyler SAW
Cc: Scarbraugh, Anthony; May, David
Subject: RE: Complaint from Arleen Burley of Ocracoke about Permits # 12-1137 and #14-0398
(NCDENR)

Hey Todd-

Here is a link to the 401 file for #12-1137 and here’s a link for #14-0398.

I’ve copied Anthony Scarbraugh – Anthony was involved in issuing the 401s for both sites. I’ve
also copied David May, who is the Regional Supervisor. I’m not sure if they’ve been contacted
by Ms. Burley already; but they can conduct an inspection (if they haven’t already) to assess the
compliance status of the site.

Thanks-
Karen

--

2

Karen Higgins
401 & Buffer Permitting Unit Supervisor
NC DENR - Division of Water Resources
1617 Mail Service Center, Raleigh, NC 27699-1617
Phone: [phone]
Email: [e-mail]
Website: http://portal.ncdenr.org/web/wq/401bufferpermitting

E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law
and may be disclosed to third parties.

From: Bowers, Todd \[mailto:[e-mail]\]
Sent: Friday, May 01, 2015 10:05 AM
To: Smith, Ronnie D SAW; Crumbley, Tyler SAW; Higgins, Karen
Subject: Complaint from Arleen Burley of Ocracoke about Permits # 12-1137 and #14-0398 (NCDENR)

Ronnie, Tyler and/or Karen
I have just received correspondence from Arleen Burley of Ocracoke, NC requesting my agency take
action on permits:
Compensatory Mitigation Site/Permit #12-1137 and Oden Tract/Ocracoke Youth Foundation Permit #14-
0398.

Arleen’s contact information is as follows:
PO Box 405
Ocracoke, NC 27960
252.928.6361

She is complaining that the NCDENR/CAMA/USACE permitted project is not in compliance with the
permit requirements.

I don’t have information on nor do I recognize the permitted activity numbers. Do any of you know or
could put me in contact with the appropriate person (Dare County Corps and State personnel) that can
look into this? She is requesting that my agency investigate and take action to terminate the projects
and restore the area to its former state. She is an adjacent landowner that apparently was never
notified of the activity, is experiencing flooding on her adjacent property due the project, and believes
that several inappropriate activities have occurred.

I need to respond to her with some information and a potential course of action (if there is one) but I am
not in a position to evaluate the situation at this time with no background info. She only included the
state 401 cert permit numbers I noted above and did not include either a DA Action # or CAMA permit
number.
I’m going through my files to see if the NCDENR approval is in my files.

If any of you can help me out I would greatly appreciate it. I basically need to give her some assurance
that someone with the proper authority is looking into the matter.

Best Regards,
Todd

3

Todd Allen Bowers
Wetlands Regulatory Project Manager - NC
Region 4 Water Protection Division
US Environmental Protection Agency
61 Forsyth St. SW
Atlanta, GA 30303
404.562.9225 office
404.562.9343 fax
[e-mail]
www.epa.gov/region4/water/wetlands

"A thing is right if it tends to preserve the beauty, integrity and stability of the biotic community; it is
wrong when it tends otherwise."
Aldo Leopold, "The Land Ethic," A Sand County Almanac

The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that
the link points to the correct file and location.

4