20170555 Ver 1_Staff Comments_20170530

Strickland, Bev
From: Scarbraugh, Anthony
Sent: Tuesday, May 30, 2017 9:58 AM
To: Bodnar, Gregg
Cc: Bland, Raleigh W SAW ([e-mail])
([e-mail]); Steve Trowell; Staples, Shane; Maria Dunn
Subject: Comments on Smith Creek Canal Maintenance
Attachments: Comments on Smith Creek Canal Maintenance.pdf
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
[e-mail]
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.

otor
Coastal Management
ENVIRONMENTAL OUALITY
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
RECEIVEDINCDENRIDWR Director
MEMORANDUM
MAY 0 2 2017 ;L0 1-705d
TO: Mr. Anthony Scarbraugh
Water Quality Regional
DWR Water Quality Programs
operations section
Regional Office
943 Washington Regional Office
Washington
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: 2 May 2017
SUBJECT: CAMA Application Review
APPLICANT: Frank Fortesque
PROJECT LOCATION: Project site is located off SR 1152, Puddin Hill Road, on the channelized headwaters of
Smith Creek off the Pungo River near Scranton in Hyde County, North Carolina.
PROPOSED PROJECT: Applicant proposes to undertake maintenance excavation of the channelized headwaters
of Smith Creek.
Please indicate below your position or viewpoint on the proposed project and return this form by 22 May 2017.
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.
Signed
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.
Date —%
/'Nothing Compares"
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Water Resources
Environmental Quality
May 30, 2017
CERTIFIED MAIL: 7016 0750 000109017150
RETURN RECEIPT REQUESTED
Mr. Frank Fortescue
865 Sladesville Road
Scranton, NC 27875
Subject: REQUEST FOR ADDITIONAL INFORMATION
Smith Creek Canal Maintenance
Dear Mr. Fortescue:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 17-0555
HYDE County
On May 5, 2017, the Division of Water Resources (Division) received your application dated May 2, 2017,
requesting a 401 Water Quality and Buffer Authorization Certification 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. Avoidance and Minimization:
Please provide more details regarding avoidance and minimization of 0.38 acres of coastal and
0.09 acres of 404 wetland impacts for this project. [15A NCAC 02H .0506(f) and (g)]
• This Office believes that the proposed impacts to coastal and 404 wetlands on the plans as
described can be moved or reconfigured to minimize the impacts. Please revise the plans to
minimize the impacts or provide a detailed explanation ofwhythis plan forthe activity cannot
be practically accomplished, reduced or reconfigured to better minimize disturbance to the
coastal and 404 wetlands. As part of the narrative, please conduct an alternative analysis
addressing why this is the preferred methodology compared to other dredging methods
2. Construction Details
Please provide a narrative describing measures (i.e. utilization of matting, silt fence and/or
turbidity curtain) that will be taken to minimize impacts to coastal wetlands, 404 wetlands and/or
waters during the subject project. [15A NCAC 02H .0506 (b)(1), (b)(2), (b)(3), (b)(6), and (6)(f), 15A
NCAC 02B.0221 (3), 15A NCAC 02B.0224 (1), and 15A NCAC 02B .0259(8)(b)(iv)]
3. Plan Details for Tar -Pamlico River Riparian Buffer
Please enumerate all riparian buffer impacts on the site plan and clearly label impacts (Buffer
Impact 1, etc.). The Division recommends highlighting by hatching or shading all impacts areas for
temporary impact areas and permanent impact areas. 115A NCAC 02B .0259(8)(b)(iv)]
-'Nothing Compares'.
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

SMITH CREEK CANAL MAINTENANCE
REQUEST FOR ADDITIONAL INFORMATION
Page 2 of 2
Pursuant to 15A NCAC 02H .0506(f) and (g), 15A NCAC 02H .0506 (b)(1), (b)(2), (b)(3), (b)(6), and (6)(f), 15A
NCAC 0213.0221 (3), 15A NCAC 02B.0224 (1), and 15A NCAC 02B .0259(8)(b)(iv), the applicant shall furnish
all of 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.
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 27699-1617.
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.
iSinrely,
y Sc raugh, Environmental Senior Specialist
u ity egional Operation Section
f W er Resources, NCDEQ
cc: Roland Tooley, Tooley Farms, Inc., 725 Lynnsburg Rd, Scranton, NC 27875
Raleigh Bland, USACE Washington Regulatory Field Office (via email)
Gregg Bodnar, DCM Morehead City
Steve Trowell, DCM WaRO
Samir Dumpor, DEMLR WaRO
DWR WaRO 401 files
Laserfiche
Filename: 17-0555 Smith Creek Canal Maintenance