20191111 Ver 2_CMDF_Friends of Whittaker Creek #97-19 mod_NCWRC_20240205

North Carolina Wildlife Resources Commission
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: February 2, 2024

SUBJECT: CAMA Dredge/Fill Permit Application for Friends of Whittaker Creek, 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 within the
Whittaker Creek Channel at the confluence of the Neuse River and upstream within 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, 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 applicant proposes to modify Permit #97-19 to realign a navigation channel that was originally
permitted on December 31, 1978 (#39-79), and subsequently renewed on November 5, 1996 (#157-96).
Though both permits had expired, maintenance excavation of the established channel was requested and
included in modification of Permit #97-19 on February 9, 2020. Previous dredging activities adhered to
an April 1 September 30 moratorium to min-
-
southeast to avoid an area of shoaling that would increase the amount of material to be removed by 4,462
CY. Material generated from the hydraulic dredge would be placed at an existing and previously
approved upland spoil location on White Farm Road. Whittaker Creek at this location is classified SA
HQW 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 near this location is classified SB NSW by the
Environmental Management Commission, is subject to the NCDWR Neuse Basin buffer rules, and is
designated critical habitat for Atlantic sturgeon by the National Marine Fisheries Service (NMFS)

Mailing Address: Habitat Conservation -1721
Telephone: [phone] Fax: [phone]

Page 2

The NCWRC has reviewed the proposed modification and does not agree with channel realignment. The
current alignment has been permitted and executed for 45 years. It appears the request to modify
alignment is mostly a cost saving measure. This modification would introduce a new impact to sensitive
environmental resources outside of a previously permitted and maintained channel and be inconsistent
with agency recommendations regarding new

Therefore, the NCWRC has the same position as previously stated numerous times during earlier
discussions of the channel and shoreline stabilization measures within Whittaker Creek. We do not have
additional comments or concerns as long as the channel maintains its previously permitted dimensions
and alignment and adheres to an April 1 September 30 moratorium to protect PNA and nearby
designated critical habitat resources.

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