35-20 Moratorium Relief 3/2022

ROY COOPER
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
NORTH CAROLINA
Environmental Quality
March 31, 2022
Carteret County Shoreline Protection Office
Ryan Davenport via email ([e-mail])
Moffat and Nichol
Doug Huggett via email ([e-mail])
Vie
F
SUBJECT: Moratorium Relief Request for Permit No. 35-20 issued to Carteret County, for
the dredging of East Taylors Creek with placement on Radio Island, located in
Carteret County, North Carolina
Dear Sirs:
This letter is in response to the above referenced CAMA permit relief request received by the
DCM Morehead City office by email on March 28, 2022. Dredge operations were hampered due
to mechanical failure and other setbacks, and accurate daily volume rates were not available as of
the moratorium relief request date. To review this request, we coordinated with the NC Division
of Marine Fisheries (NC DMF), NC Wildlife Resources Commission (NC WRC), NC Division
of Water Resources (NC DWR), US Army Corps of Engineers (USACE), and the National
Marine Fisheries Service (NMFS).
This moratorium relief request is to complete ongoing dredging operations to be concluded no
later than April 30, 2022, with beach placement and demobilization to conclude no later than
May 15, 2022. In consultation with the resource agencies, authorization was given with the
following conditions:
The relief request is granted until April 15, 2022. This date was determined by the
resource agencies to allow time to determine daily volume rates and assess construction
timelines.
2. The NC DMF and NMFS requests that turbidity monitoring continue, and operations be
modified if turbidity levels are determined to be outside established thresholds.
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avmue I Morehead City, North Carolina 28557
252.8082808

3. The applicant or their agent shall notify the Division of Coastal Management with daily
volume rates and a revised construction timeline by April 12, 2022. At that time the
revised request will be circulated to the appropriate resource agencies for additional
review.
4. When required, demobilization shall occur in its entirety and expedited to the greatest
extent possible. To avoid negative impacts to beach nesting populations, the nourished
beach shall be smoothed of ruts and depressions. DCM shall be notified when all
operations are completed.
5. All other conditions and stipulations within CAMA Permit No. 35-20 remain in effect
unless altered herein.
Therefore, the one-time revised moratorium relief request is granted with the above conditions.
If you have any questions concerning these matters, please feel free to contact me by telephone
at [phone], or by email at Qreee.bodnarna,ncdenngov.
Sincerely,
Gregg Bodnar
Division of Coastal Management
Assistant Major Permits Coordinator
CC: Jimmy Harrison, NC DMF (via email)
Maria Dunn, NC WRC (via email)
Liz Hair, USAC Wilmington (via email)
Twyla Cheatwood, NMFS Pivers Island (via email)
YZ4J
O'DOEOE'a 0-m—k-' A
k09-11P
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Thursday, March 31, 2022 3:08 PM
To: [e-mail], Huggett, Douglas
Subject: Radio Island Relief Request
Attachments: Carteret County E. Taylors Creek (2022).pdf
Afternoon all,
Please see above for the relief determination. After consultation with the resource agencies they have determined a
revised relief date and additional information needed concerning volume rates before finalizing an end date. As
operations progress don't hesitate to provide any updates and I will pass them along.
Thanks,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
[phone] (NEW OFFICE NUMBER)
Greae.Bodnar@ ncdenr.eov
Email Correspondence to and from this address is hubject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Humett. Doualas
To: Bodnar. Greaa
Cc: Morrison, Sam; Hackett. Tyler: man.davenmrtaflcarteretcountvncaov: Foxworth. Eugene: Pirmllo. Mark
Subject: [Extemal] East Taylors Creek/Radio Island In Water Moratoria Relief
Date: Monday, March 28, 2022 6:14:22 PM
Attachments: Radio Island In Water Work Moratorium Relief Reauest Ouestions.dooc
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to $apart Spam.
Gregg
Attached please find a request for moratoria relief for the Carteret County -East Taylors Creek/Radio
Island dredging project. Due to complications with the placement and anchoring of over four miles
of dredge pipe, various equipment breakdowns, and weather delays, dredging did not begin on the
project until last Saturday (March 26, 2022). Dredging has proceeded since the start date, although
equipment issues did suspend work for a period of time on Sunday, March 27, 2022. We are
currently working to determine the volume of material that has been dredged, and we anticipate
providing more information on this item tomorrow (Tuesday). It should be noted that the initial
areas being dredged are the areas requiring shallower cuts (and therefore the removal of less
material) to get to the authorized dredge depth. Once the dredge operation moves to areas
requiring greater quantities of sand to be removed, we expect the daily dredge volumes to increase.
As you are aware, permit conditions for this project require that all in water activity cease on March
31, 2022. While the Contractor has been proceeding as quickly as possible with project mobilization
and the initiation of dredging since the final permit was obtained on February 11, 2022, work will not
be able to be completed by the March 315t target date. Carteret County therefore requests that the
permitted window for in -water work be extended to April 30, 2022 for the dredging component of
the project, and May 15, 2022 for the work involving placement of material from the DMCA onto the
Radio Island estuarine beach area. Please note that the Radio Island estuarine beach placement
area is required to be encircled with turbidity curtains, which should help to mitigate impacts to
aquatic resources during the requested extension period.
Please know that the County and its Contractor are committed to completing this project in the
quickest time possible. Attached please find a completed In Water Work Moratorium Relief Request
form. If there is any additional information that you need to allow for the timely processing of this
request, please feel free to let me know.
Thank you in advance for your attention to this matter.
Sincerely,
Doug Huggett
D01A* }f u Sett
Environmental Permit Specialist/Project Manager

Moffatt & Nichol
310-B Greenfield Drive
Newport, NC 28570
Main 919.781.4626 ext.12149
Direct 919.645.0649
Cell 919.534.6834
Creative People, Practical Solutions.

Moratorium Relief Request
Project Name: Carteret County — East Taylors Creek Dredging/Radio Island Shoreline
Stabilization
Permit Number: 35-20 Expiration Date of Permit: 12/31/25
Date: March 28, 2022
Name of dredging company: TD Eure Construction
Project Location
o Address East Taylors Creek and Radio Island
o GPS (Lat/Lon)
o.
R
Relief Request Description
o Footprint area (estimated ft2) +/- 210,000 sf
o Dredge Volume (estimated yards') +/- 35,000 CY
o Current Depth at NLW (avg. -8.8' MLLW per original permit application)
o Proposed final depth after dredging (-12' NLW)
Has Work started already? Yes
rEi;E' ED
MAR 2 3 "�)

o When did the work start? Dredging to begin on March 26, 2022
o Cause of delay?
Small delay in corralling 5 miles of pipeline. High traffic on weekend when trying to
set pipe. Mechanical issues with a tug, replaced with two tugs so have redundancy so
no issues moving forward.
How long is needed to complete the work?
Dredging — April 30, 2022
Radio Island Shoreline Placement— May 15, 2022
What is the method of dredging?
Hydraulic Dredging with material placement into upland disposal area on Radio Island. Material
then placed onto Radio Island beach once dewatered.
What is the sediment type?
Sand
Location of Spoil Site?
Upland disposal area on Radio Island. Material then placed onto Radio Island beach once
dewatered.
Are the waters of the spoil site open or closed?
Closed (per DCM Field Investigation Report)
Any history of dredge relief on this or former permits?
None that we are aware of.
Can a turbidity curtain be used in the area?
Shoreline Placement Area — Yes (already required by permit condition.
East Taylors Creek Dredge Area - No, dredge area is much to dynamic for a turbidity curtain to be
successfully used.
***All moratoria relief requests are a one-time occurrence, and each project will be evaluated
individually***
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From: Bodnar. Greaa
To: Hair. Sarah E SAW <Sarah.E.Halr0 usace.army.mll>
Cc: Stvron. Heather M.
Subject: East Taylors Creek/Radio Is Moratorium Relief Request
Date: Tuesday, March 29, 2022 7:51:00 AM
Attachments: Taylors Creek Navloation Comments Sioned.odf
CL 31 East Taylors Creek Carteret County LETTERHEAD -
Morning all,
Please see above for an attached email requesting moratorium relief till April 30, 2022 for the East
Taylors Creek dredge project in Beaufort. With new staff at DMF and DWR I have attached the
relevant comments from the original dredge project requesting or agreeing with the permittee's
moratorium offering. FYI the comments from DMF are incorrect in they agree with the permittee's
moratorium but indicate they will not dredge from 11/16 to 3/31 of any year. This is opposite of the
moratorium most indicated and what was in the application of no dredging between April 1 to
November 15 of any year.
Please review the above request and respond via email by Thursday March 31st at the latest to
comply with the beginning of the dredge moratorium.
Thanks as always for your expertise,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental quality
[phone] (NEW OFFICE NUMBER)
G regg.Bod na r0ncdenr.eov
Email Correspondence to and from this address is hubject to the
North Carolina Public Records Law and may be disclosed to third parties.

Bodnar, Gregg
From: Dunn, Maria T.
Sent: Thursday, March 31, 2022 1:56 PM
To: Harrison, James A; Bodnar, Gregg; Perry, John M; Hair, Sarah E SAW
<[e-mail]> ([e-mail]); Twyla Cheatwood
(Twyla.Cheatwood@ noaa.gov)
Subject: RE: East Taylors Creek Relief Request
Gregg,
NCWRC has reviewed Carteret County's request for an extension to work into the moratorium. We understand there are
several aspects of the project and will comment for each of those aspects accordingly.
Dredging of East Taylors Creek
The NCWRC supports the recommendations stated by NCDMF below to minimize impacts to aquatic resources in the
Taylors Creek complex. This includes a two -week allowance to work into the moratorium, allowing a better
understanding of production rates and potential impacts the project may have on aquatic resources during the peak
period of biologic activity. After two weeks, additional time may be granted, or it may be determined the project should
cease.
Radio Island and Rachel Carson Reserve
The applicant requested an additional two -week extension post -dredging activities for de -mobilization. This would have
the project ending on or about May 15 if the applicant was granted the full four -week extension, or April 28 for the
current two -week allowance. While it is understood de -mobilization would require additional time, the following are
concerns that should be addressed to minimize impacts to wildlife and public trust resources:
All equipment and activities on the Radio Island shoreline proper should be removed as soon as possible after
the last material is placed from dredge activities. Shorebird nesting season begins April 1 and sea turtle nesting
season begins May 1, so as the project extends its timeline, the opportunity to impact wildlife resources is
expanded. Equipment removal from the beach should include pipe, heavy equipment, and the traversing of the
beach by heavy equipment. The shoreline should be "dressed", smoothing all ruts and depression areas. Ideally
this should be finished within 5 days after dredge operations are complete. If additional extensions are
requested that approach the start of sea turtle nesting season, the NCWRC will review and determine if an
extension can be granted and if additional survey or monitoring needs are required.
The pipeline alignment is within and adjacent to the Rachel Carson Reserve. This Dedicated Nature Preserve
provides important habitat areas for numerous wildlife species as well as offers wildlife education opportunities
and nature enjoyment to the public. The location of the pipeline along the shoreline interrupts shoreline access
for species such as diamondback terrapins and disturbs shorebird foraging. It also can impede vessel access, the
only means to access the island, even within the ferry station. Therefore, removal of the pipeline should be done
as quickly as possible once dredge activities are finished, ideally within 5 days after dredge operations are
complete. Removal of the pipeline includes the pulling, not cutting, of any piles installed to secure the pipeline.
We strongly recommend the applicant take into consideration the impacts the project imposes in the area as the
timeline is extended. The April 1 moratorium start was requested to minimize impacts on aquatic resources as well as
shorebirds and later sea turtles during peak periods of biological activity. Additional benefits of expedited project
completion would include reduced conflicts with public access for both Radio Island and the Rachel Carson Reserve.

Thank you for the opportunity to review and provide comment on this moratorium extension request. We request
project updates continue and that if problems arise that would affect the schedule or impact natural environments,
state and federal agencies are notified as quickly as possible.
Maria
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
office: 252-948-3916
www.ncwildlife.org
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
From: Harrison, James A <[e-mail]>
Sent: Thursday, March 31, 2022 12:41 PM
To: Bodnar, Gregg <[e-mail]>; Dunn, Maria T. <[e-mail]>; Perry, John M
<[e-mail]>; Hair, Sarah E SAW <[e-mail]> ([e-mail])
<Sa ra h. E. H a i r@ u sa ce.a rmy. m i I>
Cc: Twyla Cheatwood <[e-mail]>
Subject: Re: East Taylors Creek Relief Request
Gregg,
DMF has reviewed the moratorium relief request regarding the East Taylors Creek/Radio Island project, and
offers the following in response. The request for relief included relief through April 30th for dredging activities
and an additional two weeks (approximately, at most) for post -dredge de -mobilization, clean-up, etc. DMF has
concerns with the length of the extension requested, as that puts the work occurring much closer to the time of
peak biological productivity. Due to delays resulting from weather, equipment failures, and other setbacks, the
contractor has not been able to determine an accurate estimate of daily production rates. Therefore, DMF is
amenable to granting a relief from the moratorium for two weeks in order to allow sufficient time to have
updated estimates on production and on the time needed to complete dredging activities, and revisit the relief
request closer to the end of the two -week extension.
Many of the creeks that branch off of the North River have been designated as Primary Nursery Areas (PNAs),
and the North River is designated as a Secondary Nursery Area (SNA). As such, it is expected that many
species utilizing these areas will pass the area of the dredge during ingress/egress. The likelihood of this
increases toward the middle of the moratorium period, as that is the time of peak biological productivity.
Therefore, DMF would recommend that the in -water work that occurs during the moratorium relief be
monitored for increased turbidity and operations be modified if turbidity levels are found to be outside of the
established allowable levels. DMF also supports the comments/recommendations of other resource agencies in
relation to the relief request.
Thank you for consideration of DMF's concerns and continued coordination during this process.

Jimmy
Jimmy Harrison
Ha6itat and Enhancement Section
NC Division of Marine Fisheries
[e-mail]
252-9+8-3835 (Office)
757-272-3230 (Mo6ile)
Email correspondence to and from this address is subject to the
North Carolina Public Records Lmv and may be disclosed to third parties.
From: Bodnar, Gregg <[e-mail]>
Sent: Thursday, March 31, 202211:19
To: Dunn, Maria T. <[e-mail]>; Harrison, James A <James.Harrison @ncdenr.gov>; Perry, John M
<[e-mail]>; Hair, Sarah E SAW <[e-mail]> ([e-mail])
<[e-mail]>
Cc: Twyla Cheatwood <[e-mail]>
Subject: East Taylors Creek Relief Request
Hey all,
I wanted to check in as today is the final day of the work window and April 1 starts the moratorium. I would like to
provide the applicant a determination before the end of today, preferably before 3pm.
Thanks,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality

J
[phone] (NEW OFFICE NUMBER)
[e-mail]
Email Correspondence to and from this address is hubject to the
North Carolina Public Records Law and may be disclosed to third parties.

Bodnar, Gregg
From:
Harrison, James A
Sent:
Thursday, March 31, 2022 12:41 PM
To:
Bodnar, Gregg; Dunn, Maria T.; Perry, John M; Hair, Sarah E SAW
<[e-mail]> ([e-mail])
Cc:
Twyla Cheatwood
Subject:
Re: East Taylors Creek Relief Request
Gregg,
DMF has reviewed the moratorium relief request regarding the East Taylors Creek/Radio Island project, and
offers the following in response. The request for relief included relief through April 300' for dredging activities
and an additional two weeks (approximately, at most) for post -dredge de -mobilization, clean-up, etc. DMF has
concerns with the length of the extension requested, as that puts the work occurring much closer to the time of
peak biological productivity. Due to delays resulting from weather, equipment failures, and other setbacks, the
contractor has not been able to determine an accurate estimate of daily production rates. Therefore, DMF is
amenable to granting a relief from the moratorium for two weeks in order to allow sufficient time to have
updated estimates on production and on the time needed to complete dredging activities, and revisit the relief
request closer to the end of the two -week extension.
Many of the creeks that branch off of the North River have been designated as Primary Nursery Areas (PNAs),
and the North River is designated as a Secondary Nursery Area (SNA). As such, it is expected that many
species utilizing these areas will pass the area of the dredge during ingress/egress. The likelihood of this
increases toward the middle of the moratorium period, as that is the time of peak biological productivity.
Therefore, DMF would recommend that the in -water work that occurs during the moratorium relief be
monitored for increased turbidity and operations be modified if turbidity levels are found to be outside of the
established allowable levels. DMF also supports the comments/recommendations of other resource agencies in
relation to the relief request.
Thank you for consideration of DMF's concerns and continued coordination during this process.
Jimmy
Jimmy Harrison
Ha6itat ancj Enhancement Section
NC Division of Marine Fisheries
ja mes.ha rrison@ncde n r.,gov
252-948-3835 (Office)
757-272-3230 (Mo6ile)
tv
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

A • A
From: Bodnar, Gregg <[e-mail]>
Sent: Thursday, March 31, 2022 11:19
To: Dunn, Maria T. <[e-mail]>; Harrison, James A <[e-mail]>; Perry, John M
<[e-mail]>; Hair, Sarah E SAW <[e-mail]> ([e-mail])
<S a ra h. E. H a i r@ u s a ce. a rm y. m i I>
Cc: Twyla Cheatwood <[e-mail]>
Subject: East Taylors Creek Relief Request
Hey all,
I wanted to check in as today is the final day of the work window and April 1 starts the moratorium. I would like to
provide the applicant a determination before the end of today, preferably before 3pm.
Thanks,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
[phone] (NEW OFFICE NUMBER)
[e-mail]
Email Correspondence to and from this address is hubject to the
North Carolina Public Records Law and may be disclosed to third parties.

S.
Bodnar, Gregg
From: Twyla Cheatwood - NOAA Federal <[e-mail]>
Sent: Thursday, March 31, 2022 12:41 PM
To: Hair, Sarah E CIV USARMY CESAW (USA)
Cc: pace wilber; Bodnar, Gregg; Harrison, James A; Dunn, Maria T.; fritz.rohde
Subject: [External] Re: FW: East Taylors Creek/Radio Is Moratorium Relief Request
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Liz,
The NMFS has reviewed the moratorium relief request for Carteret County -East Taylors Creek/Radio Island
dredging project provided by email on March 29, 2022. The applicant is requesting relief from the in -water
work moratorium through April 30th for dredging activities with an additional two weeks for post -dredge de-
mobilization. The NMFS is concerned with the length of the extension requested, as that puts the work
occurring much closer to the time of peak biological productivity. The North River is designated as a
Secondary Nursery Area with many creeks branching off of the River designated as Primary Nursery
Areas. Increases in turbidity could impact the ingress and egress of NOAA trust resources and prey species
during this highly productive time.
Due to delays resulting from weather, equipment failures, and other setbacks, the contractor has not been able
to determine an accurate estimate of daily production rates. A dredging schedule with updated estimates is
needed to accurately understand the additional time needed for project completion. The NMFS is amenable to
granting a relief from the moratorium for two weeks in order to allow sufficient time to understand construction
timelines based on daily production rates. The permittee should continue to work toward completion of the
project at an expedited pace to ensure additional requests for relief are not necessary.
Additionally, the NMFS supports comments provided by resource agencies to ensure turbidity levels remain
consistent with established levels.
Thank you for your continued coordination,
Twyla
On Tue, Mar 29, 2022 at 11:50 AM Hair, Sarah E CIV USARMY CESAW (USA) <[e-mail]> wrote:
Good morning,
This morning I received the below moratoria relief request for the subject project. The applicant is requesting to
conduct dredging activities until April 30, 2022. Attached are original comments/conditions associated with the 2020
action (dredging of East Taylor's Creek entrance channel).
Recall the permit was recently modified to allow for hydraulic dredging and placement on Radio Island.
This is a very short suspense, as the in water work (dredging) moratorium begins March 31.
Please provide comments at your earliest convenience, or by March 31.

Thank you,
Liz
From: Bodnar, Gregg <[e-mail]>
Sent: Tuesday, March 29, 2022 7:52 AM
To: Hair, Sarah E CIV USARMY CESAW (USA) <[e-mail]>; Perry, John M <[e-mail]>;
Harrison, James A <[e-mail]>; Dunn, Maria T. <[e-mail]>
Cc: Styron, Heather M. <[e-mail]>
Subject: [Non-DoD Source] East Taylors Creek/Radio Is Moratorium Relief Request
Morning all,
Please see above for an attached email requesting moratorium relief till April 30, 2022 for the East Taylors Creek
dredge project in Beaufort. With new staff at DMF and DWR I have attached the relevant comments from the original
dredge project requesting or agreeing with the permittee's moratorium offering. FYI the comments from DMF are
incorrect in they agree with the permittee's moratorium but indicate they will not dredge from 11/16 to 3/31 of any
year. This is opposite of the moratorium most indicated and what was in the application of no dredging between April
1 to November 15 of any year.
Please review the above request and respond via email by Thursday March 31" at the latest to comply with the
beginning of the dredge moratorium.
Thanks as always for your expertise,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
[phone] (NEW OFFICE NUMBER)

[e-mail]
Email Correspondence to and from this address is hubject to the
North Carolina Public Records Law and may be disclosed to third parties.
Twyla H Cheatwood
Fishery Biologist
Southeast Region, Habitat Conservation Division
NOAAFisheries
Beaufort, NC 28516
Office: [phone]
[e-mail]
0_
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