20170555 Ver 1_USACE Denial_20170929

Regulatory Division
Action ID. SAW 2017-00959
Frank Fortescue
865 Sladesville Road
Scranton, North Carolina 27875
Dear Mr. Fortescue:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
2407 W 5`" Street
Washington, North Carolina 27889
September 27, 2017
RECEIVED/N C DE N R!f)Y!P
SEP 29 2017
Water Ouali ,, f1•
Operations ;:eco,:
Washington Regional 0.....
By copy of the enclosed North Carolina Department of Environmental Quality letter to you
dated September 19, 2017, we have learned that the North Carolina Coastal Management
Consistency Certification for your proposed plans to undertake maintenance excavation within
the channelized headwaters of Smith Creek and the sidecasting of resultant spoil material within
approximately 20,448 square feet (0.46 -acre) of adjacent coastal and freshwater wetlands has
been denied. The project is located off State Road 1152, adjacent to Smith Creek and the Pungo
River, near the Community of Scranton, in Hyde County, North Carolina. The Coastal Zone
Management Act provides that no Federal permit may be issued for an activity within the coastal
zone where the State has denied a consistency certification. Accordingly, your Department of the
Army application is hereby denied, without prejudice, and your file has been retired.
Should you obtain a consistency certification from the State for this activity, your file will be
reopened. While appealing the State permit is the next step in pursuing State authorization, you
should be aware that this issue must be resolved prior to issuance of a Department of the Army
permit. We strongly recommend that if you wish to pursue this matter, you give serious
consideration to revising your plans for this project.
Thank you for your time and cooperation. Mr. Raleigh Bland of my Washington Regulatory
Field Office staff is available to answer any questions you may have, or to assist you in
developing a revised plan. Mr. Bland may be reached at telephone [phone].
Sincerely, \
FOR THE DISTRICT ENGINEER
Robert J. Clark
Colonel, U.S. Army
Commanding
Enclosures