20191032 Ver 2_NCDMF Comment Memo_20200714

MEMORANDUM:

TO: Gregg Bodnar, NCDCM Assistant Major Permits Coordinator

FROM: James Harrison, NCDMF Fisheries Resource Specialist

SUBJECT: Old Ferry Channel and Deer Creek, Carteret County

DATE: July 14, 2020

A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has
reviewed the CAMA Permit application for proposed actions that may impact fish and fish
habitats. The proposed project is located at the Old Ferry Channel along Bogue Sound and
within Deer Creek in Cape Carteret, Carteret County, North Carolina. The applicant,
Carteret County, is proposing to excavate the existing navigation channel, referenced as Old
Ferry Channel, from Cape Carteret to Emerald Isle and within Deer Creek. The average
existing water depth is -2’ to -4’ mean low water (MLW), depending on location.

Carteret County is proposing to restore the Old Ferry Channel width to 30’ to 50’
(depending on location), 6,750’ in length, and a final depth of -6’ +1’ MLW. The county is
also proposing the same width for Deer Creek entrance channel, 6,200’ in length, and a final
depth of -5’ +1’ MLW. The final portion of the proposed project would be maintenance
dredging within the canals of Deer Creek that serve the residential areas. The county is
proposing to maintain a channel with of 20’ to 30’ and 600’ in length, with a final depth of -
4’ + .5’ and -5’ + 1’ (depending on location). The county has indicated that channel
maintenance operations would utilize three material placement sites and one transfer site.
Material would be removed by clamshell or excavator dredge, loaded onto a barge, then
unloaded into a dump truck for hauling and placement on the disposal sites. The spoils
would be located a minimum of 30’ above normal high water (NHW) and stabilized with
erosion control measures. Carteret County will limit the construction activities to daytime
hours between November 16th and March 31st.

The proposed project occurs within an area that has historically supported submerged
aquatic vegetation (SAV). SAV is a highly valuable habitat, both environmentally and
economically. These habitats provide nursery, foraging, and/or spawning areas for various
recreationally and commercially important fish and invertebrate species. Additionally, SAV
plays a critical role in natural erosion control and shoreline stabilization, as well as water

quality enhancement, primary production, and nutrient cycling. Therefore, it is crucial that
SAV habitat be protected, in order to maintain these critical environmental contributions.

Prior to the commencement of dredging activities, a survey for SAV should be completed
and the results of that survey should be provided to DMF, as well as any additional
interested agencies/parties. This survey should be completed during the active growth
period (April through October), preferably – if possible – during the peak of this period.
For any areas with SAV habitat present that are within 100 feet of the dredging footprint, a
turbidity curtain should be placed between the dredging operation and the SAV habitat in
order to minimize the increases in turbidity and sediment deposition in these critical
habitats. Any turbidity curtain used should be left in place for a minimum of 72 hours after
completion of the work in order to allow sediment to settle.

As noted in the application documents, there is a potential existence of oyster habitat
within a portion of the project area. The applicant intends to conduct an oyster relocation
prior to dredging School House Creek. Carteret County will coordinate with DMF during
the development and implementation of the oyster relocation plan, and will provide DCM
with notice of satisfactory completion of the relocation efforts from DMF prior to initiation
dredging in School House Creek.

It is the DMF’s position that oyster habitat is a vital component of the estuarine system, and
it must be protected from physical harm, its restoration and growth must be fostered, and
preventing its physical destruction by dredging or filling is essential. Therefore, DMF
would generally oppose alteration applications that may negatively impact existing oyster
resources. However, where site-specific conditions warrant, an applicant may sometimes
relocate existing resources to suitable nearby habitat. In order for relocation to be
considered as an option by DMF, there must be less than commercial quantities (defined as
a rate of 10 bushels per acre by rule 15A NCAC 30.0201(a)(1)). Therefore, DMF requests
that the applicant has the site surveyed for oysters, in order to verify that any oysters
present in the area are within this threshold. Results of this survey will be necessary in
determining if relocation is a viable option.

This section of DMF wants to reiterate the importance of coordinating with the law
enforcement, resource enhancement, and Shellfish Sanitation sections of DMF, as well as
any other necessary sections/agencies. Furthermore, shellfish relocation must occur
during relay season (April 1st through May 15th), and must be relayed by commercial
fishermen who hold a permit to relay. The site must be located in an area that is open to
relay as determined by DMF and must occur under the current rules and regulations of
DMF.

Thank you for consideration of our comments. Please contact Jimmy Harrison at (252)
948-3835 or at [e-mail] with any further questions or concerns.