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HomeMy WebLinkAbout21-16 Moratorium Relief 2021ROY COOPER Go� DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Darcror Crystal Holdings LLC. Doug Brady (dbradydev@gmail.com) NORTH CAROLINA Environmento(Qual ty April 1, 2021 SUBJECT: Moratorium Relief Request for CAMA Major Permit No. 21-16 issued to Crystal Holdings LLC. Dear Mr. Brady: This letter is in response to the above referenced CAMA permit relief request received by the DCM Morehead City office by email on March 30, 2021. To review this request, we coordinated with the Division of Marine Fisheries. This moratorium relief request is to complete ongoing dredging operations for a maximum of 30 days, to be concluded no later than April 30, 2021. In consultation with the resource agencies authorization was given with the following conditions: 1. The relief request is granted until April 30, 2021. 2. Every effort should be made to finish the project as early as possible. 3. The NC DMF further noted that oyster relocation was requested and conditioned within the permit. The permittee is reminded of Condition No. 19, and all other permit conditions and stipulations of the active permit, unless altered herein, remain in force. 4. 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) 808-2808 extension 215, or by email at gregg.bodnar&cdenrgov. Sincerely, Gregg Bodnar Division of Coastal Management Assistant Major Permits Coordinator D_E QJ North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 2528082808 Bodnar, Gregg From: Sent: To: Cc: Subject: Attachments: Afternoon Doug, Bodnar, Gregg Thursday, April 1, 2021 2:30 PM 'Doug Brady' Styron, Heather M. Crystal Holdings 2021 Crystal Holdings #21-16.pdf Please see above. Relief is granted till 4/30/21 Gregg Bodnar Assistant Major Permits Coordinator ®FW ��fy Division of Coastal Management �'/ Department of Environmental Quality ar^ MO �� ! 252 Ug 28M ext 2IS (office) Gre n r ncdenr. ov Email correspondence to and from this address is subject to the North Carolina Public Records taw and may be disclosed to third parties. Bodnar, Gregg From: Harrison, James A Sent: Thursday, April 1, 2021 2:11 PM To: Bodnar, Gregg Subject: Re: [External] Re: Moratorium Relief Request Gregg, DMF has received and reviewed the moratorium relief request for Crystal Holdings, LLC, located at 100 Olde Towne Yacht Club Road, Beaufort, North Carolina, as well as associated documents and responses provided by the applicant to DMF's questions. DMF does not oppose granting this one-time moratorium relief, conditioned on adherence to all other applicable permit requirements. Specifically, permit requirement #19 (found in Permit # 21-16) regarding the relocation of oyster resources that are within the excavation footprint. Thanks Gregg! Jimmy jimmy �Jarrison habitat and Enhancement Section NC Division of Marine Fisheries james.harrison@ncdenr.Qov 252-948-3855 (Office) 757-272-3230 (Mo6ile - Preferred) Email correspondence to and from this address is subject to the North Carolina Public Records Lain and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Thursday, April 1, 20211:52 PM To: Harrison, James A <James.Harrison@ncdenr.gov> Subject: RE: [External] Re: Moratorium Relief Request Correct. And the location, in and around the slips, would make it impossible to use, based on discussion with Doug. Gregg From: Harrison, James A <James.Harrison@ncdenr.gov> Sent: Thursday, April 1, 2021 1:51 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: Re: [External] Re: Moratorium Relief Request Gregg, Thanks for that feedback. Having 444 CY is much better than 3600, and 3600 CY probably would've exceeded my comfort level. One other question for you, just to make sure I'm reading it correctly. When relief was previously granted, there was no requirement for a turbidity curtain, correct? I just want to make sure of that, since I know it would be difficult to make the request to use one when it wasn't previously a permit or relief requirement. ,Jimmy Harrison Habitat and Enhancement Section NC Division of (urine Fisheries james.harrison@ncdenr.gov 252-948-3835 (Office) 757-272-5230 (Mo6ile - Preferred) 4) 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 <greaa.bodnar(@ncdenr.eov> Sent: Thursday, April 1, 20211:30 PM To: Harrison, James A <James.Harrison@ncdenr.eov> Subject: RE: [External] Re: Moratorium Relief Request Oh and the oyster relocation is still a condition on the permit that must be followed. It will also be noted on any relief authorization. Gregg From: Bodnar, Gregg Sent: Thursday, April 1, 2021 1:21 PM To: Harrison, James A <James.Harrison@ncdenr.gov> Subject: FW: [External] Re: Moratorium Relief Request See below. Bad math, only 444cy left at 400' long x 10' wide x Ycleep. Let me know if you can get this today since it is a long weekend. From: Doug Brady <dbradvdev@amail.com> Sent: Thursday, April 1, 2021 1:19 PM To: Bodnar, Gregg <greag.bodnar@ncdenr.eov> Subject: Re: [External] Re: Moratorium Relief Request CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to That's correct. Sorry On Thu, Apr 1, 2021 at 1:15 PM Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: If the footprint is 400x10x3, then that is 12,000 cubic feet or 444cy Is that footprint of 400x10x3 correct? Gregg From: Doug Brady <dbradydev@gmail.com> Sent: Thursday, April 1, 20211:12 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.¢ov> Subject: Re: [External] Re: 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. Remaining. Not sure I figured it right. 400' length by 10pm wide by 3'depth. Sent from my iPad On Apr 1, 2021, at 1:09 PM, Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: DMF was asking if the 3600cy was the entire project or if it was what is remaining. I was not sure since the entire footprint also includes the basin. Is the 3600cy what is remaining to be dug? G regg From: Doug Brady <dbradvdevt@gmail.com> Sent: Thursday, April 1, 202112:51 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: Re: [External] Re: 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. Thanks Gregg, I didn't see an additional question. Did I miss something? Thanks Doug Sent from my Pad On Apr 1, 2021, at 12:24 PM, Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Afternoon Doug, DMF still needs to clarify a question. Gregg From: Harrison, James A <James.Harrison@ncdenr.gov> Sent: Thursday, April 1, 202111:24 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: Re: [External] Re: Moratorium Relief Request Gregg, I guess I didn't word my questions correctly. Have they already started dredging this ridge and 3600 CY is all that's left, or is 3600 CY the entire volume that needed to be dredged from the ridge? If the dredging doesn't happen until after the moratorium period, will it cause a safety issue? Also, were there oysters in the dredge footprint, and if there were, have they already been moved? Thanks Gregg! Jimmy iimmy flarrison fla6itatand Fnbancementjection NC Division 4 Marine risberies james.barrison@ncdenr.Qov 252-948-3855 Office) 757-272-323O N06ile - Preferred) <O ut1oo6cwnwwrti. png> 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: Wednesday, March 31, 20218:41 AM To: Harrison, James A <James.Harrison@ncdenr.gov> Subject: FW: [External] Re: Moratorium Relief Request Morning Jimmy, Doug Brady's reply to your questions are below. Gregg From: Doug Brady <dbradydev(@gmail.com> Sent: Wednesday, March 31, 20218:41 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: [External] Re: 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 Soam. Good morning, This is dredging to finish up the project. It is a ridge that runs the length of the bulkhead that is shallow about 40 ft from the wall. There is not any impact on traffic or safety in the area. This should not take too long. Let me know any additional information you may need. Thanks Doug Sent from my iPad On Mar 30, 2021, at 1:22 PM, Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Afternoon Doug, Please see some additional questions from DMF. Thanks, Gregg From: Harrison, James A <James.HarrisonC@ncdenr.eov> Sent: Tuesday, March 30, 2021 12:57 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: Re: Moratorium Relief Request Gregg, Thanks for passing this along. Is the dredging that needs to be done maintenance dredging or new dredging? With there being a request for relief a year ago, I wasn't sure if this was for maintenance of the area that was already dredged or if this is for what was requested previously. Second, have they already started dredging in the creek? (Just trying to figure out if 3600 CY is a portion that still remains or the entirety of what needed to be dredged). Lastly, are there any safety or waterway use concerns if the dredging doesn't occur until after the moratorium? Since it looks like Morgan Creek is pretty limited -use and looks wide enough to get in/out, I'm guessing it's not much of a safety issue. But I wanted to go ahead and make sure, just to be safe and cover all of my bases. Lastly, has the oyster relocation already been done? If I need to clarify/expand on any of these questions, just let me know. Thanks Gregg! Jimmy jimmy Harrison Ha6itat and Enhancement Section NC Division of Marine Pisheries lames.harrison@ncdenr.Qov r 252-948-3835 (Office) 757-272-3230 (Mo6ile - Preferred) <Out1ooLoitpn4cv.pnw> Email correspondence to andfrom this address is subject to the North Carolina Public Records Lau, and maybe disclosed to third parties. From: Bodnar, Gregg <greRR.bodnar@ncdenr.gov> Sent: Tuesday, March 30, 2021 11:41 AM To: Harrison, James A <James.Harrison @ncdenr.gov> Subject: Moratorium Relief Request Morning Jimmy, Relief request for Crystal Holdings LLC, CAMA permit #21-16. Request info and a location map is attached with the permit and a previous relief request authorization. The applicant is again asking for a 30 day relief request to end on 4/30/21. Let me know if you have any questions and since this is one day until the moratorium I did let the agent know that he would need to stop operations if a determination was not made before the moratorium kicks in. That being said if you are able to provide a determination before Wednesday I'm sure the applicant would be grateful. Thanks as always, Gregg I <image003.png> Doug Brady dbradydev@gmail.com Bodnar, Gregg From: Bodnar, Gregg Sent: Tuesday, March 30, 2021 11:42 AM To: Harrison, James A Subject: Moratorium Relief Request Attachments: 2021 Crystal Holdings Relief Request #21-16.pdf Morning Jimmy, Relief request for Crystal Holdings LLC, CAMA permit #21-16. Request info and a location map is attached with the permit and a previous relief request authorization. The applicant is again asking for a 30 day relief request to end on 4/30/21. Let me know if you have any questions and since this is one day until the moratorium I did let the agent know that he would need to stop operations if a determination was not made before the moratorium kicks in. That being said if you are able to provide a determination before Wednesday I'm sure the applicant would be grateful. Thanks as always, Gregg C�iro�e*+Clnrrm.ralat� Gregg Bodnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 2S2 808 28B8 ext 21S (Office) Gm .,Bodnar,@ncdenr go_v Email correspondence to and from this address is subject to the North Carolina Public Records taw and may be disclosed to third partles. Moratorium Relief Request Project Name: cl,7yrlO'e .�47►"' 1", Zez Date: 3 • , — Z Name of dredging company: �27.+ %GG✓.i.t �it/c�C�i,�g� fie, .Z.Vc Project Location o AddressTowAIZ y-P'll o GPS (Lat/Lon) o Aerial image Project Description * Footprint area (estimated ft) geez, sb rr * Dredge Volume (estimated yards') 36eoc& y4oT f0ey lol��`Kfs p Current Depth at NLW 3 fr o Proposed final depth after dredging (NLW) 6 Has Work started already? e When did the work start? Z%Fc ;y ZO70 * Cause of delay? F6,���e 7�a.,��6ciF.4syti2� How long is needed to complete the work? Sa A�ir/f What is the method of dredging? Le/✓b .Vm efz.4jvWriw What is the sediment type? S,q,�o Location of Spoil Site? LIv Are the waters of the spoil site open or closed? ezvs r•� Any history of dredge relief on this or former permits? cwc t Can a turbidity curtain be used in the area? /pjo ✓?,mze�l i�otSi3ie✓ ***All moratoria relief requests are a one-time occurrence, and each project will be evaluated individually*** 0:42 AM Tue Mar 30 ? 63%=M Done ._ S4 .o Inlet Cove slip layout for sales (46 of 84) e, —A— — Open in Documents G) n Permit Number Permit'Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission erM t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Crystal.Holdings, LLC P.O. Box 7 Atlantic Beach, NC 28512 Authorizing development in Carteret County at adjacent to Morgan Creek, 100 Olde Towne Yacht Club Road, in Beaufort , as requested in the permittee's application dated 10/22/15, including the attached workplan drawings (12) 1-4 of 12 and 6-12 of 12 dated 10/21/15 and 5 of 12 dated revised 2/11/16. This permit, issued on February 11, 2016 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may le suoJecr to rmes, unpnsviuueiu v, vivu avuvu, Upland Development 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the townhouses, clubhouse, walkways, parking lots and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. 2) All portions of the walkway located within 30 feet of the normal high water line shall be no greater than six feet in width and shall be slatted. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2019 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. �G✓Z'� a Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Crystal Holdings, LLC ADDITIONAL CONDITIONS Marina Facility Permit No. 2146 Page 2 of 6 3) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed in an easily accessible location and maintained in operable condition for the life of the marina. 4) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on -site with a representative of the Division to ensure that the required pumpout facility is in place and operable. 5) The marina shall display a sign showing the location of the on -site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier(s). 6) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina facility. Any sewage discharge at the marina facility shall be considered a violation of this permit for Which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 7) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this marina facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 9) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 10) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee shall not be relieved of this requirement if he abandons the permitted activity without having it transferred to a third parry. 11) This permit authorizes a maximum of 122 formalized boat slips. 12) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, pennanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. NOTE:. It is strongly -recommended that the permittee exercise all available precautions in the day-to-day operation of the facility to prevent facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. Crystal Holdings, LLC ADDITIONAL CONDITIONS Permit No. 21-16 Page 3 of 6 . Submerged Land Easement 13) An Easement from the Department of Administration's State Property Office shall be required under N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of construction of any structures over state-owned submerged lands. Any required easements shall be obtained, and a copy provided to the Division of Coastal Management, prior to the construction of any new boat slips or other docking facilities authorized under this permit. Excavation 14) To protect juvenile fish and shellfish populations, no excavation within Morgan Creek shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management in consultation with appropriate resource agencies. 15) Excavation shall not exceed -8 feet below the normal low water level within the upland basin and -10 feet below normal low water level in the dredge area on the edge of Morgan Creek. In no case shall the depth of excavation exceed the depth of connecting waters. 16) An earthen plug shall be left between the upland area to be excavated and Morgan Creek and a 24 hour period after completion of excavation shall elapse prior to plug removal to prevent unnecessary siltation into the adjacent water body. 17) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 18) No excavation shall take place outside of the alignment of the areas indicated on the workplan drawings. 19) To reduce direct impacts to oyster resources, the permittee shall, in consultation with DCM, relocate all oysters falling within the footprint of the area of open water excavation to an area immediately adjacent to the project area. Shoreline Stabilization 20) The alignment of the permitted bulkhead shall be verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 21) No backfill material shall be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead and within the boat basin as depicted in the attached workplan drawings. 22) The bulkhead shall be constructed prior to any backfilling activities. 23) The temporary placement or double handling of fill materials within water or vegetated wetlands is not authorized. 24) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. Cry§tal Holdings, LLC Permit No.21-16 Page 4 of 6 ADDITIONAL CONDITIONS 25) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 26) . No excavation, or other land disturbing activities, is permitted except for that which may be required for the construction of the bulkhead wall. 27) All backfill material shall be clean and free of any pollutants except in trace quantities. 28) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. Spoil Disposal 29) All excavated materials shall be confined above normal high water level and landward of regularly or irregularly, flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 30) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 31) Any change in the spoil disposal area may require additional authorization from the Division of Coastal Management. Sedimentation and Erosion Control NOTE: The Division of Energy, Mineral, and Land Resources approved this project by way of a Letter of Approval issued on 9/22/15 and was assigned Project ID CARTE-2016-004. 32) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.) Stormwater Management 33) The Division of Energy, Mineral, and Land Resources is processing this project as a modification of Stormwater Permit No. SW8080952. The stormwater permit modification shall be obtained and a copy provided to Division of Coastal Management prior to the initiation of any development authorized by this permit. Any violation of the permit approved by the DEMLR will be considered a violation of this CAMA permit. U.S. Army Corps of Engineers Requirements 34) No portion of the reconfigured or newly constructed structure is authorized to be within the U.S. Army Corps of Engineers Federal Channel Setback. Crystal Holdings, LLC Permit No. 21-16 Page 5 of 6 ADDITIONAL CONDITIONS 35) For any dredging or operational activity that impacts the safe navigation on Federal waterways: The U.S. Coast Guard requires that the applicant must provide the following information at least 10 days prior to dredging operations commencing: a. Dates (Inclusive) of operation b. Hours of operation (24 hours/daylight hours only) c. Names of vessels involved d. Working and standby frequencies e. Specific location (Mile marker/Channel) f. Any specific instructions or concerns that would be pertinent to the mariner. Send information to: USCG SECTOR NC WATERWAYS DIV 721 MEDICAL CENTER DRIVE WILMINGTON, NC 28401 OR VIA EMAIL: NCmarineevents(R�usc¢.mil 36) If the project is modified to extend further south into the channel, a 30-day notification is required to the USCG in order to determine if Federal Aids to Navigation need to be relocated. Send request to: USCG DISTRICT FIVE (DPW) 431 CRAWFORD STREET PORTSMOUTH, VA 23704 OR VIA EMAIL: CGD5Waterways@usea.mil General 37) The pemrittee and/or his contractor shall meet with a representative of the Division prior to project initiation. 38) This permit does not authorize the excavation or filling of any vegetated wetlands, even temporarily. 39) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written consent of the Division of Coastal Management. 40) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 41) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.sov/nc-es/mammal/manatee Quidelines.pdf.' NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Crystal Holdings, LLC Permit No. 2146 Page 6 of 6 ADDITIONAL CONDITIONS NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. NOTE: An application for approval to construct water lines supplying the project has been received by Public Water Supply and assigned serial no. 15-00892. Authorization shall be obtained prior to construction of project water lines. NOTE: The Division of Water Resources authorized the proposed project by way of General Water Quality Certification 3900 and assigned DWR Project No. 2068 1740 V2, which was issued on 2/11/16. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of Programmatic General Permit 198000291 and has assigned the project Action Id. No. SAW-2008-03241 NOTE: An application processing fee of $400 was'received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Crystal Holdings LLC. Doug Brady PO Box 7 Atlantic Beach, NC 28512 NORTH CAROLINA EnvlronmentalQuallty March 18, 2020 SUBJECT: Moratorium Relief Request for CAMA Major Permit No. 21-16 issued to Crystal Holdings LLC. Dear Mr. Brady: This letter is in response to the above referenced moratorium relief request received by the DCM Morehead City office by email on March 9, 2020, with further information provided on March 10, 2020. To review this request, we coordinated with the NC Division of Marine Fisheries and NC Division of Water Resources. The moratorium relief request was in reference to Condition No. 14 on Permit No. 21-16 which placed the in -water work moratorium of April 1 to September 30 of any year on the excavation authorized under the permit. This moratorium was placed on the project to protect fisheries resources and habitat. As detailed in the request memo, Carteret County has requested relief from the in -water work moratorium until April 30, 2020. On March 18, 2020 NC DMF and NC DWR provided comments authorizing the moratoria relief. NC DMF further noted that oyster relocation was requested and conditioned within the permit. The permittee is reminded of Condition No. 19, and all other permit conditions and stipulations of the active permit, unless altered herein, remain in force. The Division of Coastal Management has determined that the moratorium relief request referenced in Condition No. 14 has been granted until April 30, 2020. All other conditions referenced Permit No. 21-16 remain in effect. If you have any questions concerning these matters, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at gregg.bodnar@ncdenr.gov Sincerely, Gregg Bodnar Division of Coastal Management Assistant Major Permits Coordinator aui rfl�WVA Q � North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28W 2528082808