20060052 Ver 1_Other Agency Comments_20060327

® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Cyndi Karoly
NCDENR/DWQ
And
Lillette Granade
USAGE
From: Steven H. Everhart, PhD
Southern Coastal Coordinator
Habitat Conservation Program
Date: March 27, 2006
RE: Red Apple Group, LLC -The Peninsula at Topsail Island, Pender Co. CAMA
Application Review, USAGE Action ID #200600366
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
subject application for impacts to wildlife and fishery resources. A site visit was made on January
12, 2006. 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 404 of the
Clean Water Act (as amended).
The project is located at the end of Atkinson Rd., off NC 50, in Surf City. The property is a
peninsular extending into the intertidal marsh area of Topsail Sound consisting of approximately
4.016 acres of high ground; 1.904 acres of delineated 404 wetlands; and 0.921 acres of delineated
coastal wetlands. Man-made canals border the property to the north and south. Approximately two
acres of the recorded tract is below normal high water (NHW) of the man-made canals. Apparently
the peninsula was created in the late 1960's and early 1970's, when the canals were excavated and
the dredged material placed adjacent to the canals in the marsh leaving the center of the peninsula as
404 wetlands.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

The Peninsula at Topsail Island 2 March 27, 2006
Waters in this area are classified SA by the Division of Water Quality (NCDWQ but are not
designated as a Primary Nursery Area (PNA) by the NC Division of Marine Fisheries (NCDMF)
The waters are open to shellfishing.
The applicants propose to fill the interior 404 wetlands (swale area), construct a road, and provide
infrastructure fora 37 home subdivision. These lots are to be located on either side of the access
road, adjacent to the canals. Stormwater is to be handled by sheet flow through the project. City
sewer and water will be provided. It is anticipated that future homeowners would request separate
CAMA General Permits for individual dock construction and CAMA Minor Permits for lot
development.
Approximately 1.9 acres of 404 wetlands would be impacted by filling/grading. The applicants
propose to mitigate for these wetland impacts on a 1:1 basis by restoring approximately 1.9 acres of
404/coastal wetlands along the perimeter of the peninsula. This restoration would be accomplished
through grading the high ground adjacent to the canal and planting with appropriate high marsh
species. A monitoring plan of 3-5 years, contingent upon appropriate success criteria, is proposed.
We have the following concerns/recommendations:
The presence of 37 homes on a peninsula adjacent to Topsail Sound with sheet flow of
stormwater runoff is likely to have an adverse cumulative impact. The presence of pet
wastes and lawn treatment products in this runoff could have an adverse impact on water
quality resulting in the closure of shellfishing in this area of Topsail Sound. We recommend
retention of stormwater runoff on-site to allow for filtration through the soil. Additionally,
deed restrictions/protective covenants could be used to require proper disposal of pet wastes,
but this would require homeowner association enforcement.
• We recommend that all remaining and restored wetlands on-site be preserved through
permanent conservation easement to prevent further impacts. This easement should prevent
any cutting, mowing, or disturbance of vegetation; soil disturbance; or construction of any
kind within the wetlands.
The NCWRC has coordinated with the Division of Water Quality with whom we share concerns.
We therefore support any recommendations they have for this project.
We have no objection to the project provided our recommendations are included as permit
conditions. 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 (910)
796-7436.
CC: Jim Gregson, NCDCM
Noelle Lutheran, NCDWQ
Howard Hall, USFWS