20181047 Ver 1_DMF Comments_20180731

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Coastal Management
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TO:
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Mr. Shane Staples
Division of Coastal Management
943 Washington Sq. Mall
ROY COOPER
Governor
NUCHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
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 2810
SUBJECT: CAMA Application Review
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APPLICANT: Earl D. Pugh Jr./ Middle Creek Farms WARD
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.
—LZ 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
coml ents.
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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 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 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 .ncderingov with further questions or
concerns.
State ofNortInCarolina I Environmental Quality I Coastal Management
Washington Office 1943 Washington Square Mail Washington;.North Carolina 27889
252946.6481