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HomeMy WebLinkAbout115-18 Moratorium ReliefROY COOPER Governor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Director NORTH CAROLINA Eny ronmental Quality April 21, 2022 TJ Land Development LLC. Toby Tetterton (via email tobin@rsnet.org) Steve Trowell (via email stevejtrowell@gmail.com) SUBJECT: Moratorium Relief Request for CAMA Major Permit No. 115-18, issued to TJ Land Development LLC. 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 May 6, 2022. To review this request, we coordinated with the NC Division of Marine Fisheries. This moratorium relief request is to conduct dredging operations to begin immediately. In consultation with the resource agencies authorization was given with the following conditions: 1. The relief request is granted to conclude no later than May 16, 2022. 2. Every effort should be made to start and finish the project as early as possible. 3. The applicant shall notify the Division by email upon completion of the project. Therefore, the one-time 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 (252) 515-5416, or by email at aregg.bodnarAncdenr.eov. Sincerely, Gregg Bodnar Division of Coastal Management Assistant Major Permits Coordinator CC: Jimmy Harrison (NC DMF) North Carolina Department of Environmental Quality I Division of Coastal Management �DWQIMorehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Director TJ Land Development LLC. NORTH CAROLINA Environmental Quality April 21, 2022 Toby Tetterton (via email tobin@rsnet.org) Steve Trowell (via email stevejtrowell@gmail.com) SUBJECT: Moratorium Relief Request for CAMA Major Permit No. 115-18, issued to TJ Land Development LLC. 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 May 6, 2022. To review this request, we coordinated with the NC Division of Marine Fisheries. This moratorium relief request is to conduct dredging operations to begin immediately. In consultation with the resource agencies authorization was given with the following conditions: 1. The relief request is granted to conclude no later than May 16, 2022. 2. Every effort should be made to start and finish the project as early as possible. 3. The applicant shall notify the Division by email upon completion of the project. Therefore, the one-time 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 (252) 515-5416, or by email at gregg.bodnar@ncdenr.gov. Sincerely, Gregg Bodnar Division of Coastal Management Assistant Major Permits Coordinator CC: Jimmy Harrison INC DMF) North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 w mwau D 252.808.2808 Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, May 9, 2022 8:03 AM To: Harrison, James A Subject: FW: [External] Moratorium Relief Request Major CAMA/Dredge and Fill Permit no. 115-18 Attachments: 2022 TJ Land Development #115-18.pdf For your records. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.Bodnar@ncdenr.gov Find a Field Rep (arcgis.com) Email Correspondence to and from this address is hubject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Monday, May 9, 2022 8:03 AM To: Steve Trowell <stevejtrowell@gmail.com> Cc: Spivey, Kelly <kelly.spivey@ncdenr.gov>; Staples, Shane <shane.staples@ncdenr.gov>; tobin@rsnet.org Subject: RE: [External] Moratorium Relief Request Major CAMA/Dredge and Fill Permit no. 115-18 Morning all, Based on comments from NC DMF and additional information provided by Steve that dredge operations will being immediately, please see above for authorization of the relief request. DMF allowed for 7 days but requested operations to being ASAP and finish as quickly as proposed, which Steve indicated would only take a matter of hours. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) G regg.Bodnar@ ncdenr.aov Find a Field Rep (armis.com) Email Correspondence to and from this address is hubject to the North Carolina Public Records Law and may be disclosed to third parties. From: Steve Trowel[ <stevejtrowell@gmail.com> Sent: Friday, May 6, 2022 4:13 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Spivey, Kelly <kelly.spivey@ncdenr.gov>; Staples, Shane <shane.staples@ncdenr.gov>; tobin@rsnet.org Subject: [External] Moratorium Relief Request Major LAMA/Dredge and Fill Permit no. 115-18 External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Gregg: Attached is a request submitted by me on behalf of TJ Land Development LLC, Mr. Toby Tetterton, for maintenance excavation of a small area (approximately 30' x 25' x -3.0) of shoaling that is impeding access to two different active boatyards just upstream. The site is located on Battalina Creek in the Town of Belhaven in Beaufort County. The shoaled area is within the footprint authorized area for maintenance excavation under permit number 115-18. Shane Staples has made Jimmy Harrison aware of this request and due to the small area to be impacted received a favorable response from Jimmy. If you have any questions or require further information please let me know. Thank you for your time responding to this request. Steve Trowell (252)402-4015 Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, May 9, 2022 8:03 AM To: Steve Trowel Cc: Spivey, Kelly; Staples, Shane; tobin@rsnet.org Subject: RE: [External] Moratorium Relief Request Major CAMA/Dredge and Fill Permit no. 115-18 Attachments: 2022 TJ Land Development *115-18.pdf Morning all, Based on comments from NC DMF and additional information provided by Steve that dredge operations will being immediately, please see above for authorization of the relief request. DMF allowed for 7 days but requested operations to being ASAP and finish as quickly as proposed, which Steve indicated would only take a matter of hours. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) G resa. Bod n a r@ ncden r.eov Find a Field Rep (arcais.com) Email Correspondence to and from this address is hubject to the North Carolina Public Records Law and may be disclosed to third parties. From: Steve Trowel] <stevejtrowell@gmail.com> Sent: Friday, May 6, 2022 4:13 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Spivey, Kelly <kelly.spivey@ncdenr.gov>; Staples, Shane <shane.staples@ncdenr.gov>; tobin@rsnet.org Subject: [External] Moratorium Relief Request Major CAMA/Dredge and Fill Permit no. 115-18 ;CAUTION: External email: Do not click links or op en attachments unless you verify. Send all suspicious icious email as an attachment to ,Report Spam.. Gregg: Attached is a request submitted by me on behalf of TJ Land Development LLC, Mr. Toby Tetterton, for maintenance excavation of a small area (approximately 30' x 25' x -3.0) of shoaling that is impeding access to two different active boatyards just upstream. The site is located on Battalina Creek in the Town of Belhaven in Beaufort County. The shoaled area is within the footprint authorized area for maintenance excavation under permit number 115-18. Shane Staples has made Jimmy Harrison aware of this request and due to the small area to be impacted received a favorable response from Jimmy. If you have any questions or require further information please let me know. Thank you for your time responding to this request. Bodnar, Gregg From: Steve Trowell <stevejtrowell@gmail.com> Sent: Monday, May 9, 2022 7:51 AM To: Bodnar, Gregg Subject: Re: [External] Moratorium Relief Request Major CAMA/Dredge and Fill Permit no. 115-18 tAUTION:,External email. Do: not click links oropen attachments unless you verify. Send all suspicious email as an attachment to Report Soam. The equipment is on -site so as soon as the relief is granted On Mon, May 9, 2022 at 7:49 AM Bodnar, Gregg <greee.bodnar@ncdenr.eov_> wrote: Morning Steve, Do you have an anticipated start date for the dredging? Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.BodnarC@ncdenr.gov Find a Field Rep (arcais.com) Email Correspondence to and from this address is hubject to the North Carolina Public Records Law and may be disclosed to third parties. 1 From: Steve Trowell <steveitrowell@email.com> Sent: Friday, May 6, 2022 4:13 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Spivey, Kelly <kellv.spivey ncdenr.gov>; Staples, Shane <shane.stapies@ncdenr.gov>; tobin@rsnet.org Subject: [External] Moratorium Relief Request Major CAMA/Dredge and Fill Permit no. 115-18 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to ReportSpam. Gregg: Attached is a request submitted by me on behalf of TJ Land Development LLC, Mr. Toby Tetterton, for maintenance excavation of a small area (approximately 30' x 25' x -3.0) of shoaling that is impeding access to two different active boatyards just upstream. The site is located on Battalina Creek in the Town of Belhaven in Beaufort County. The shoaled area is within the footprint authorized area for maintenance excavation under permit number 115-18. Shane Staples has made Jimmy Harrison aware of this request and due to the small area to be impacted received a favorable response from Jimmy. If you have any questions or require further information please let me know. Thank you for your time responding to this request. Steve Trowel[ (252)402-4015 Moratorium Relief Request Project Name: TJ Land Development LLC Permit Number: 115-18 Expiration Date of Permit: December 31, 2024 Date: May 6,2022 Name of dredging company: TJ Marine Construction Project Location o Address o GPS (Lat/Lon) See Attached Map o Aerial image Relief Request Description o Footprint area (estimated ftZ) 750 ft' o Dredge Volume (estimated yards') 83 cubic yards o Current Depth at NLW -3' av o Proposed final depth after dredging (NLW) -6.0' Has Work started already? No o When did the work start? o Cause of delay? How long is needed to complete the work? It is not expected to take longer than a couple of hours. What is the method of dredging? Mechanical What is the sediment type? Sandy Loam and Muck Location of Spoil Site? Offsite in uplands outside any AEC Are the waters of the spoil site open or closed? Closed RECEIVED MAY 6 2022 r Any history of dredge relief on this or former permits? This is the first request for dredge relief due to the shoaling being an unexpected event. Can a turbidity curtain be used in the area? A turbidity curtain will cause problems with boats navigating the channel in Battalina Creek. The small area to be excavated and the expected short timeframe to complete the work, the applicant feels should mitigate for the lack of a turbidity curtain. The maintenance dredging will be conducted mechanically utilizing an excavator on a barge will a steel spoil containment structure. The excavation activities are not expected to take more than a couple of hours to complete. The spoil material will be placed from the barge directly into a dump truck. ***All moratoria relief requests are a one-time occurrence, and each project will be evaluated individually*** RECEIVED MAY 6 2022 SIP SECTION MHD nwnn®e Shoreline 9 NC Grid Ocodeticaed E\cIP Existing o>sve fowd 3 Ex,RR1 Bx¢tiogReilReadImn 7 con. Mon. ccncmtemommleot SMag. ldegned.r fl '+ R Nail $osti%Neil,RRepk. SIP Set Iron Pipe (109&auml) 8 NPS NoPamtset 9 Ex.Axle . DdsfmgAxle D BxRt Ber ExistingUBgIrm R Manhole M®holecmer ® Wdwk. WoodStelmse4 III /= Book/Pege _ . Belhaven Y Y Y y A Yy y 1' y Pawego CM$ Location Sketch . ! L Existing depth av-3.0. NWL -- j , ,, 2 Permitted depth -6.0 NWL 30 x 25 x-3.0/27 = 83 cubic 4e d 45% J~ .S *4J •J -• ♦SJ' •1T «20 �- a N)YL rJ.2' •L ♦J.6' © li TOIIna1NBICLCVe11t501pIkO1 by S.9tone1l(C.L\eA)on 10/ N\17. O 7o/J017. Ogxhsme ai4inS xwc agnM1elRm MVL. Proposed Maintenance Excavation Request 5/2022 Major CAMA/Dredge and Fill Permit No. 115-18 Dredge Map REC E IIVE ® Wood DuckLand Surveymg, PC Btymtrs. Hardison, Jr., MS NC L 2889, C-3774 MAY 6 2022 42Sou[h Teach'g Point,B21kNC27808 CAMA Permit plans f, � ^ T. J.'s Land DevelopmentPt POP SECTION p1 tl W1 d`q1 I " Woodridge Properties - CAMA Permit" Tovm of Belhaven PmteL.o T..Wp, Bcaermt County, N,M Cudine Dele Surveyed: 1/10/2017 Dote Dsawn: 3/1/2018 By: Bq� B. 11.&o Jr. PLS By.:Bgm E.Headees Jr.PIS F-DCt.g.,y PLS 9: L-2889, C3774 Sale: ma i.ch—e;,]Ayfa[ (24'at e,,de) Bodnar, Gregg From: Steve Trowell <stevejtrowell@gmail.com> Sent: Friday, May 6, 2022 4:13 PM To: Bodnar, Gregg Cc: Spivey, Kelly, Staples, Shane, tobin@rsnet.org Subject: [External] Moratorium Relief Request Major CAMA/Dredge and Fill Permit no. 115-18 Attachments: TJ Land Development LLC In Water Work Moratorium Relief Request.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reoort'Soam. Gregg: Attached is a request submitted by me on behalf of TJ Land Development LLC, Mr. Toby Tetterton, for maintenance excavation of a small area (approximately 30' x 25' x -3.0) of shoaling that is impeding access to two different active boatyards just upstream. The site is located on Battalina Creek in the Town of Belhaven in Beaufort County. The shoaled area is within the footprint authorized area for maintenance excavation under permit number 115-18. Shane Staples has made Jimmy Harrison aware of this request and due to the small area to be impacted received a favorable response from Jimmy. If you have any questions or require further information please let me know. Thank you for your time responding to this request. Steve Trowell (252)402-4015 ._( Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, May 6, 2022 4:23 PM To: Harrison, James A Cc: Staples, Shane Subject: FW: [External] Moratorium Relief Request Major CAMA/Dredge and Fill Permit no. 115-18 Attachments: TJ Land Development LLC In Water Work Moratorium Relief Request.pdf Afternoon Jimmy, Please see above and below for a moratorium relief request of which DMF conditioned a 1April to 30Septemebr moratorium on the project. Shane was the original commentor on this one and I have CC'd him in case you may be interested in any background available. Please let me know ASAP with any comments/recommendations, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) G reea.Bodnar@ ncden r.eov Find a Field Rep (arcgis.com) Email Correspondence to and from this address is hubject to the North Carolina Public Records Law and may be disclosed to third parties. From: Steve Trowel[ <stevejtrowell@gmail.com> Sent: Friday, May 6, 2022 4:13 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Spivey, Kelly <kelly.spivey@ncdenr.gov>; Staples, Shane <sha ne.sta pies@ ncden r.gov>; tobin@rsnet.org Subject: [External] Moratorium Relief Request Major CAMA/Dredge and Fill Permit no. 115-18 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to :Report Spam. Gregg: Attached is a request submitted by me on behalf ofTJ Land Development LLC, Mr. Toby Tetterton, for maintenance excavation of a small area (approximately 30' x 25' x -3.0) of shoaling that is impeding access to two different active boatyards just upstream. The site is located on Battalina Creek in the Town of Belhaven in Beaufort County. The shoaled area is within the footprint authorized area for maintenance excavation under permit number 115-18. Shane Staples has made Jimmy Harrison aware of this request and due to the small area to be impacted received a favorable response from Jimmy. If you have any questions or require further information please let me know. Thank you for your time responding to this request. Bodnar, Gregg From: Harrison, James A Sent: Friday, May 6, 2022 4:41 PM To: Bodnar, Gregg Subject: Re: [External] Moratorium Relief Request Major CAMA/Dredge and Fill Permit no. 115-18 Gregg, The actual timing of the request was not indicated on the form. Considering the limited scope of work and expected time to complete, DMF's granting of moratorium relief is under the assumption that the work will be completed within the next 7 days. If the work associated with the request will not be completed during that time, the relief request should be submitted closer to the time that the work will occur. Should the work be unable to be completed until a later time, relief may not be granted further into the moratorium period, as it will be closer to the time of peak productivity. Thanks Gregg! Jimmy Jimmy Harrison Ha6itat and Enhancement Section NC Division of Marine Fisheries james.harrison@ncdenr,,gov 252-948-3835 (Office) 757-272-3230 (Mo6i1e) Email correspondence to and from this address is .subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Friday, May 6, 2022 16:22 To: Harrison, James A <James.Harrison@ncdenr.gov> Cc: Staples, Shane <shane.staples@ncdenr.gov> Subject: FW: [External] Moratorium Relief Request Major CAMA/Dredge and Fill Permit no. 115-18 Afternoon Jimmy, Please see above and below for a moratorium relief request of which DMF conditioned a lApril to 30Septemebr moratorium on the project. Shane was the original commenter on this one and I have CC'd him in case you may be interested in any background available. Please let me know ASAP with any comments/recommendations, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.Bodnar@ncdenr.gov Find a Field Rep (arcgis.com) Email Correspondence to and from this address is hubject to the North Carolina Public Records Law and may be disclosed to third parties. From: Steve Trowell <stevejtrowell@gmail.com> Sent: Friday, May 6, 2022 4:13 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Spivey, Kelly <kelly.spivey@ncdenr.gov>; Staples, Shane <shane.staples@ncdenr.gov>; tobin@rsnet.org Subject: [External] Moratorium Relief Request Major CAMA/Dredge and Fill Permit no. 115-18 CAUTION: External email. Do not clicklinks oropeh attachments unless you verify. Send all suspicious email as an attachment to :Report Spam. ,. Gregg: Attached is a request submitted by me on behalf ofTJ Land Development LLC, Mr. Toby Tetterton, for maintenance excavation of a small area (approximately 30' x 25' x -3.0) of shoaling that is impeding access to two different active boatyards just upstream. The site is located on Battalina Creek in the Town of Belhaven in Beaufort County. The shoaled area is within the footprint authorized area for maintenance excavation under permit number 115-18. Shane Staples has made Jimmy Harrison aware of this request and due to the small area to be impacted received a favorable response from Jimmy. If you have any questions or require further information please let me know. Thank you for your time responding to this request. Steve Trowell (252)402-4015 Bodnar, Gregg From: Harrison, James A Sent: Friday, May 6, 2022 4:31 PM To: Bodnar, Gregg Cc: Staples, Shane Subject: Re: [External] Moratorium Relief Request Major CAMA/Dredge and Fill Permit no. 115-18 Good afternoon Gregg, Based on the scope of work to be performed and the expected short duration of relief requested, DMF is amenable to granting this relief. Thanks! Jimmy Jimmy Harrison Habitat and Enhancement Section NC Division of Marine Fisheries james.harrison@ncdenr..gov 252-94-8-3835 Office) 757-272-57 50 (Mo6ile) 0 Email correspondence to and from this address is subject to the North Carolina Public Records Lair and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Friday, May 6, 2022 16:22 To: Harrison, James A <James.Harrison@ncdenr.gov> Cc: Staples, Shane <shane.staples@ncdenr.gov> Subject: FW: [External] Moratorium Relief Request Major CAMA/Dredge and Fill Permit no. 115-18 Afternoon Jimmy, Please see above and below for a moratorium relief request of which DMF conditioned a 1April to 30Septemebr moratorium on the project. Shane was the original commenter on this one and I have CC'd him in case you may be interested in any background available. Please let me know ASAP with any comments/recommendations, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.BodnarL@ncdenr.gov Find a Field Rep (arcais.com) Email Correspondence to and from this address is hubject to the North Carolina Public Records Law and may be disclosed to third parties. From: Steve Trowell <stevejtrowell@gmail.com> Sent: Friday, May 6, 2022 4:13 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Spivey, Kelly <kelly.spivey@ncdenr.gov>; Staples, Shane <shane.stapies@ncdenr.gov>; tobin@rsnet.org Subject: [External] Moratorium Relief Request Major CAMA/Dredge and Fill Permit no. 115-18 `CAUTION: External email. Do 'nottclick links or open attachments unless you verify. Send all suspicious email as an'attachment to Report sham ` Gregg: Attached is a request submitted by me on behalf of TJ Land Development LLC, Mr. Toby Tetterton, for maintenance excavation of a small area (approximately 30' x 25' x -3.0) of shoaling that is impeding access to two different active boatyards just upstream. The site is located on Battalina Creek in the Town of Belhaven in Beaufort County. The shoaled area is within the footprint authorized area for maintenance excavation under permit number 115-18. Shane Staples has made Jimmy Harrison aware of this request and due to the small area to be impacted received a favorable response from Jimmy. If you have any questions or require further information please let me know. Thank you for your time responding to this request. Steve Trowell (252)402-4015