20061841 Ver 1_WRC Comments_20061229

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North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Mickey Sugg
Wilmington Field Office
US Army Corps of Engineers
FROM: Maria Tripp, Northeast Coastal Region Coordinator gr~revi~- ...~
Habitat Conservation Section
DATE: December 21, 2006
SUB.IECT: Comments on Public Notice for Section 404 Permit application for Tony
McNeil, Carteret County, North Carolina
Action ID 2005-207-016
Biologists with the North Carolina Wildlife Resources Commission (Commission) reviewed the
public notice with regard to impacts on fish and wildlife resources. The project site is located at 523 Old
Church Road, on the west side of SR 11.04 (Old Church Road) approximately 0.1 mile north the intersection
with NC Hwy 58, within an unnamed tributary to Hadnot Creek, just south of Stella, NC. Our comments are
provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through
113A-128), as amended, the Fish and Wildlife Coordination Act {48 Stat. 401, as amended; 16 U.S.C. 661
et seq.) and the Clean Water Act of 1977 (as amended).
The project site includes a stream that flows from the Croatan National Forest, across the property,
and empties into Hadnot Creek. The entire site has been mechanized land cleared and excavated.
Approximately 0.1 acre of wetlands and waters have been filled for the construction of an earthen dam with
approximately 2.0 acres, including approximately 1,000 linear feet of stream, cleared and excavated. The
dam has a 48" pipe that currently allows normal flow. The proposed project includes keeping the 135' by
35' earthen dam and capping the current 48" culvert with a riser structure in order to impound the existing
stream. Proposed pond depths range from -5' to -3' and has been calculated to hold approximately 1.5 acres
of water.
The Commission has reviewed the public notice and additional information regarding the site
condition. We actively discourage development proposals and activities with potential for impacting
wetlands, riparian, aquatic, or terrestrial habitat that would result in degradation or destruction of aquatic
and terrestrial wildlife or naturally functioning ecological systems or processes. The damming of headwater
streams in these riverine systems changes the habitat in the immediate affected area and degrades habitat
quality throughout the system. Flooding often occurs upstream of the dammed reach, while attenuating
downstream flows change numerous water quality parameters necessary to sustain aquatic life. Hadnot
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Faz: [phone]

Corps Action ID # 2005 207-016 Page 2 December 21, 2006
Tony McNeil
Creek is classified SA HQW by the Environmental Management Commission. Protection of headwaters and
riparian areas within this high quality system ensure continuation of its exceptional function.
We understand the stated purpose and need of the proposed project is to provide water to irrigate
pastureland and to provide habitat for waterfowl. However, it was noted by the USACE field representative
that the proposed pond does not meet the Department of the Army irrigation requirements. Therefore, the
Commission requests if permit issuance is granted and the site is not restored, the applicant be required to
provide the appropriate mitigation as mandated by USACE. In addition to mitigation, a condition of the
permit should also include a management plan providing information regarding management and
maintenance activities for the proposed waterfowl habitat area.
We appreciate the opportunity to review and comment on this public notice. If you need further
assistance or additional information, please contact me at [phone].
cc: McPherson, T. - NC Division of Marine Fisheries
Steenhuis, J. -NC Division of Water Quality
Karoly, C. - NC Division of Water Quality