Re_ Question, NC 24 Living Shoreline Project in Onslow County

From:Harrison, James A
To:Brittingham, Cathy; Wilson, Travis W.
Cc:Lane, Stephen; Sprinkle, Hannah H; Tom Steffens
Subject:Re: Question, NC 24 Living Shoreline Project in Onslow County
Date:Thursday, July 7, 2022 3:27:13 PM
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Good afternoon Cathy,
That is the expectation on my end. I would prefer that in-water work during the SAV growing
season (April through October) be limited as much as they can in order to avoid additional
impacts to SAV, as this was noted in DOT's response to your email (but was in regards to
juvenile fish). That being said, I do support permit issuance without a moratorium
requirement. Thank you for checking on that!
Jimmy
Jimmy Harrison
Habitat and Enhancement Section
NC Division of Marine Fisheries
[e-mail]
252-948-3835 (Office)
757-272-3230 (Mobile)
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Brittingham, Cathy <[e-mail]>
Sent: Thursday, July 7, 2022 14:02
To: Wilson, Travis W. <[e-mail]>; Harrison, James A
<[e-mail]>
Cc: Lane, Stephen <[e-mail]>; Sprinkle, Hannah H <[e-mail]>;
Tom Steffens <[e-mail]>
Subject: FW: Question, NC 24 Living Shoreline Project in Onslow County

Hi Travis and Jimmy,

DCM is getting close to making a final permit decision on the NC 24 Living Shoreline
Project. In an abundance of caution, and to avoid any misunderstanding, because neither of
your agencies requested an in-water work moratorium in the comments you submitted to
DCM, and because DOT has not committed to abide by an in-water work moratorium, it
appears as though there will not be a permit condition requiring an in-water work moratorium.
Please see the e-mail below from me, and the response from NCDOT, on 6/7/22.

In an abundance of caution, and to avoid any misunderstanding, I am circling back to your
agencies to make sure that is the expectation.

Sincerely,

Cathy

Cathy Brittingham, Transportation Project Coordinator
N.C. Division of Coastal Management
[phone] phone
[e-mail]

Mailing Address: :
c/o DWR Transportation Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617

Physical Address:
512 North Salisbury Street
Archdale Building
12th Floor, Room 1204C
Raleigh, NC 27604

Please visit https://deq.nc.gov/about/divisions/coastal-management/ for more information about the N.C. Division of
Coastal Management.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.

From: Rivenbark, Chris <[e-mail]>
Sent: Tuesday, June 7, 2022 1:50 PM
To: Brittingham, Cathy <[e-mail]>
Cc: Wilson, Travis W. <[e-mail]>; Harrison, James A
<[e-mail]>; Lane, Stephen <[e-mail]>; Dilday, Jason L
<[e-mail]>
Subject: RE: Question, NC 24 Living Shoreline Project in Onslow County

Hey Cathy,
We would prefer to not commit to an in-water work moratorium due to the project area not
currently be designated as PNA or AFSA. It is possible that construction including oyster structures
and sand work, could still be underway during the early months of that range. However if it helps,
the last activities will likely include work in the intertidal zone vs deeper water. Additionally, the
marsh species have to be planted between mid April and mid May which results in us having that
range as a target date to have in-water work completed.

For a couple projects in the past when a PNA or AFSA designation was not present though the area
had aquatic resources of concern, we’ve been asked to limit in-water work during a window to the
greatest extent possible. Would that be an option here?

Chris Rivenbark
Environmental Coordination & Permitting-Eastern Team Lead
North Carolina Department of Transportation

919 707 6152 office
[e-mail]

1598 Mail Service Center
Raleigh, NC 27699-1598

1000 Birch Ridge Drive
Raleigh, NC 27610

From: Brittingham, Cathy <[e-mail]>
Sent: Tuesday, June 7, 2022 12:06 PM
To: Dilday, Jason L <[e-mail]>; Rivenbark, Chris <[e-mail]>
Cc: Wilson, Travis W. <[e-mail]>; Harrison, James A
<[e-mail]>; Lane, Stephen <[e-mail]>
Subject: Question, NC 24 Living Shoreline Project in Onslow County

Hello,

DCM is preparing a draft permit decision for the NCDOT CAMA major permit application for
the NC 24 Living Shoreline Project in Onslow County.

I am seeking clarification about a statement on page 5 of the cover letter. It states: “Currently
there is no regulatory authority that would require a moratorium at this site. However,
reviewing agencies have expressed a desire for a moratorium between February 1 – June 30 to
protect juvenile fishes that maybe in the vicinity.”

Is this a commitment by NCDOT to adhere to an in-water work fisheries moratorium from
February 1 – June 30?

Sincerely,

Cathy

Cathy Brittingham, Transportation Project Coordinator
N.C. Division of Coastal Management
[phone] phone
[e-mail]

Mailing Address: :
c/o DWR Transportation Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617

Physical Address:
512 North Salisbury Street
Archdale Building
12th Floor, Room 1204C
Raleigh, NC 27604

Please visit https://deq.nc.gov/about/divisions/coastal-management/ for more information about the N.C. Division of
Coastal Management.
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.

Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.