20070048 Ver 1_WRC Comments_20070305

~ North Carolina Wildlife Resources Commission ~
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Cyndi Karoly, Express Permit Coordinator
NC Division of Water Quality, Raleigh
From: Steven H. Everhart, PhD ~~~~
Southeastern Permit Coordinator
Habitat Conservation Program
Date: March 5, 2007
RE: Sentry Oaks HOA -Common Area 404/401, DWQ NO. 07-0048, USACE Action ID SAW-2003-
710-065, New Hanover County
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject
application for impacts to wildlife and fishery resources. Our comments are provided in accordance with provisions
of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.), and Sections 401 and
404of the Clean Water Act (as amended).
The applicant proposes to impact 1.01 acres of drainage ditches in a subdivision common area by filling and
filling/piping for the purpose of providing passive recreation to its residents. The 10.56 acre common area is
protected by deed restriction as a conservation area. Adjacent land use is residential. The project will impact 3,090
linear feet of U. S. waters. Prior to being drained, the area was likely a wet flat. The applicant states that the
purpose of this project is to improve safe utilization of the existing common/conservation area because currently
there is a substantial risk of encountering poisonous snakes and rabid animals and that the ditches represent a hazard
to small children playing in the area. The applicant proposes to mitigate these impacts through the creation of 1.01
acre of wetlands on-site.
The NCWRC does not object to this project. However, we have the following comments and recommendations for
modifications that will be of greater biological benefit than the proposed project.
• It is highly unlikely that filling the ditches will decrease the probability of encountering poisonous snakes
and rabid animals in this area. In fact, that probability is very low to begin with and this is not a good
reason to support the project.
• Filling the ditches will, however, help to restore the hydrology to the conservation area and promote the
reestablishment of a wet flat. Therefore, we recommend that the all the ditches be filled and that none are
converted into swales with perforated piping as this will only continue the drainage process. Further, rather
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Sentry Oaks -Common Area Page 2 March 5, 2007
than planting rye grass only, that native species such as switchgrass and wax myrtle (Myrica cerifera) be
planted, and then the site be allowed to revegetate naturally.
• We recommend that the common/conservation area is preserved in perpetuity through conservation
easement that prohibits: cutting, pruning, mowing, or burning of vegetation; construction of any kind; use
of herbicides; any land disturbing activities; dumping or storing of soil, trash, or other waste; and the
pasturing, grazing or watering of animals, or any other agricultural or horticultural purpose.
• It should not be necessary to remove the top three inches of soil from the mitigation area. The return of
hydrology to the area should be sufficient to establish the wetland without removing soil. We agree with
the USFWS comment: "If the rear property boundary ditch prevents the water table from rising to less than
one foot of the surface, perhaps it would be better to fill a few inches within this ditch (to raise the water
table) rather than scrape away some soil so the surface would less than a foot from the water table."
Thank you for the opportunity to review and comment on this application. If you have any questions or require
additional information regarding these comments, please call me at [phone].
CC: Noelle Lutheran, NCDWQ
Howard Hall, USFWS
Jennifer Frye, USACE