20061011 Ver 1_WRC Comments_20060711

~ North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Cyndi Karoly
NC DENR/DWQ
From: Steven H. Everhart, PhD ~+"'~'""
Southeastern Permit Coordinator
Habitat Conservation Program
Date: July 11, 2006
RE: Daniel and Leslie Spearman - LT1, BLK 3A Turtle Creek, Oak Island, Brunswick Co., DWQ
#20061011, USACE AID# 20031064
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 conducted on July 10, 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 south of East Oak Island Drive, on the east side of 63`d St., in Oak Island. The property
consists of approximately 0.35 acre including approximately 0.18 acre of §404 wetlands. These wetlands
consist of estuarine scrub/shrub (maritime shrub thicket). The most highground portion occurs at the rear of
the lot.
The applicants propose to construct a residence including a driveway and a septic system; filling 0.07 acre of
wetland to construct the house and temporarily impacting 0.009 acre of wetland to install a sewer line. The
applicants propose to mitigate for wetland impacts by creating 0.25 acre of non-riparian wetlands and by
preservation of all remaining wetlands on-site.
We have the following concerns/recommendations:
• The maritime shrub thicket provides potential nesting habitat for the Eastern painted bunting, a
Federal Species of Concern, which has nested in the general vicinity. We recommend that all
remaining maritime shrub thicket (estuarine scrub/shrub) wetlands be preserved through permanent
conservation easement to prevent further impacts. This easement should prohibit any cutting,
mowing, or disturbance of vegetation; soil disturbance; or changes in hydrology within the wetlands.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Spearman - LTIBLK3A Turtle Creek
July 11, 2006
• It is unclear as to what extent the maritime shrub thicket will be cleared, thinned, cut, etc. Because
this habitat feature is important to the Eastern painted bunting, and because its presence is necessary
to protect the developing forest behind it from salt spray, we recommend that the maritime shrub
thicket canopy be preserved intact. Without this protection, the "thinned" and "trimmed" live oak
trees that are part of the "natural" setting will eventually die from exposure to salt spray.
• We recommend that the temporarily impacted wetlands be allowed to naturally re-vegetate and not be
maintained in a manicured condition.
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 [phone].
CC: Tom Farrell, USACE
Howard Hall, USFWS
Noelle Lutheran, NCDWQ