20191111 Ver2_WRC Comments_20210325

Staff Review Form
NORTH CAROLINA.
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Updated September 4, 2020
Staff Review
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ID#* Version* 3
20191111
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Reviewer List:* Chris Pullinger:eads\rcpullinger
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Project Submittal Form
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✓ DCM Comments
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Name: Maria Dunn
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Project Information
Existing ID #: Existing Version:
20191111 2
20170001 (no dashes) 1
Project Name: Town of Oriental Maintenance Dredge of Whittaker Creek
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County (ies)
Pamlico
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CMDF Town of Oriental Whittaker Point 97-
129.87KB
19_mod_2021 _NCWRC. pdf
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North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director

Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

MEMORANDUM

TO: Gregg Bodnar
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division

DATE: March 23, 2021

SUBJECT: CAMA Dredge/Fill Permit Modification for Town of Oriental, Permit No. 97-19,
Pamlico County, North Carolina.

Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
modification with regard to impacts on fish and wildlife resources. The project site is located off 5005
Maritime Drive in Oriental, NC adjacent the Neuse River and Whittaker 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, and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).

In January 2021 the applicant proposed to modify Permit No. 97-19 by extending the V-shape drop-down
on the seven existing breakwaters by 5’ on either end (10’ total). In addition to the drop-down extensions,
a 108’ slotted jetty would be installed on the end of Whittaker Point, extending from the permitted 25’
riprap jetty jutting into the mouth of Whittaker Creek. The NCWRC is very familiar with the site and
previous project proposals. We have submitted official comments (Dunn 23 July 2020), (Dunn 10
September 2019) and (Curry 8 May 2008) and have participated in numerous scoping meetings, emails,
and phone calls providing informal statements of concern, recommendations, and support for aspects of
this proposal and other similar proposals in the project area. Whittaker 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 Neuse River at this location is classified SA HQW NSW by
the Environmental Management Commission, is subject to the NCDWR Neuse Basin Buffer Rules, and is
open to shellfish harvesting.

The NCWRC reviewed the request received in January and voiced concerns with the project’s additional
impacts to important aquatic resources - including shallow water habitat fill, potential scour, changes to
egg, larvae, and juvenile transport within the mouth of Whittaker Creek, and public navigation. As a
Page 2

result of conversations with NCDMF, NCDWR, and NCDCM another meeting was conducted with the
applicant, state, and federal agencies on March 9, 2021. During this meeting NCWRC stated their
concerns once again, mostly with the construction of a jetty jutting into the mouth of Whittaker Creek.
Insufficient information demonstrating the benefit of the proposed jetty toward the stated purpose and
need and insufficient information regarding impacts the jetty would have on aquatic transport hampered
our ability to have adequate information to make the determination that the project would not have
significant impacts on important aquatic and public trust resources. Removal of the 108’ jetty proposal
would address those concerns. The NCWRC also stated the extensions of the V-shape drop-downs of the
breakwater on the river side of Whittaker Point were not problematic, though the V-shaped drop-down on
the creek side should not need the extensions due to the reduced amount of fetch and wave energy on the
back side of the point. On March 17, 2021 plans were received (dated 11/23/20) that showed the removal
of the 108’ slotted jetty and extension for the creek side breakwater drop-down. The NCWRC has
reviewed these plans and does not believe the most recent proposal would have significant adverse
impacts to aquatic resources. Our concerns stated after receipt of the January 4, 2021 proposal have been
addressed.

We appreciate the opportunity to review and comment on this permit modification. If you need further
assistance or additional information, please contact me at [phone] or at
[e-mail]