20231404 Ver 1_CMDF_Three Seas Legacy Gideon Creek Marina_NCWRC_20240126_DAMAGED

North Carolina Wildlife Resources Commission 9
Cameron Ingram, Executive Director
MEMORANDUM
TO: Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: January 26, 2024
SUBJECT: CAMA Dredge/Fill Permit Application for Three Seas Legacy(Gideon Creek
Marina), Pamlico County,North Carolina.
Biologists with the North Carolina Wildlife Resources Commission(NCWRC)reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at 4146
Orchard Creek Rd in Oriental,NC adjacent to Gideon Creek. Our comments are provided in accordance
with provisions of the Coastal Area Management Act(G.S. 113A-100 through 113A-128), as amended,
Sections 401 and 404 of the Clean Water Act, as amended,the Endangered Species Act of 1973, as
amended(16 U.S.C. 1531 et seq.),the Fish and Wildlife Coordination Act(48 Stat. 401, as amended; 16
U.S.C. 661 et seq.),the Magnuson-Stevens Fishery Conservation and Management Act(FCMA), as
amended(16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act(16 U.S.C. 703-712 et seq.).
The site has previously operated as Gideon Creek Marina and Fulcher's Seafood. The applicant proposes
to remove 1,917 ft2 of a derelict dock and two submerged vessels on Tract 5 of the facility. The
excavation of vessels removed by a long reach excavator will disturb 450 ft2 of bottom sediment. The
vessels will be placed on the parking lot until stripped and moved to the landfill.New water dependent
construction will include a travel lift, staging pier, 10 non-formulized slips, and the grading of the existing
parking lot. The pier will be 6' by 310' and will mirror the contour of the shoreline. The 10-slips will be
positioned on the east side of the pier to provide transient use for the travel lift. The upland existing gravel
parking on Tracts 1-4 will be graded. Gideon Creek is classified SA HQW NSW by the Environmental
Management Commission, is subject to the NC Division of Water Resources (NCDWR)Neuse Basin
Buffer Rules, and is designated a primary nursery area(PNA)by the NC Division of Marine Fisheries
(NCDMF)
The NCWRC has reviewed the current permit application and believes there is insufficient information to
adequately assess impacts the proposal will have on environmental resources. Our agency has reviewed,
commented, conducted site visits, and participated in numerous scoping meetings on this property since
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh,NC 27699-1721
Telephone: [phone] • Fax: [phone]

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2005. Each time concerns were stated with regard to impacts to the PNA environment. PNAs are defined
as those areas inhabited by the embryonic,larval or juvenile life stages of marine or estuarine fish or
crustacean species due to favorable physical, chemical or biological factors. As a designated PNA, this
creek provides an important rearing area for this variety of estuarine fishes and invertebrates that need
relatively undisturbed habitats. Therefore, bottom disturbance and introduction of chronic disturbances or
pollutants are of great concern.
Previous proposals included dredging. This received significant concerns and objections from state and
federal agencies. The NCWRC is pleased the applicant is not pursuing dredging in this current proposal.
However, during the more recent proposal review and scoping meetings, additional information with
regard to the services conducted on site, including wastewater collection and treatment,was requested by
several agencies. This information does not appear to be within the information of this permit application.
Therefore, the NCWRC requests no permits be issued until additional information regarding the use of the
site and how marine maintenance activities will be conducted and waste materials managed is submitted.
A NPDES permit is likely needed. While discussed in the scoping meetings, minimal information on the
travel lift, size of vessels, and operation/maintenance was provided in the permit application. This
information aids in the assessment of secondary and cumulative impacts for the proposal. The NCWRC
has previously submitted substantial concerns when the capacity of travel-lift tonnage was increased
above the original 2005 proposed 50-ton travel-lift as larger vessels may scrape the bottom as they
traverse the creek and its more shallow water areas. Additional information detailing the removal of
vessels and means to avoid surface water contamination from that activity is also requested. Due to the
sensitive nature of PNA habitats, if any permits are issued,no in-water work should be conducted
between April 1 —September 30 of any year.
We appreciate the opportunity to review and comment on this permit application and look forward to any
forthcoming information. If you need further assistance or additional information,please contact me at
maria.dunngncwildlife.org or(252)495-5554.