20061274 Ver 1_Other Agency Comments_20060929

~ 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: September 29, 2006
RE: Dilsheimer Communities -The Villages at Turkey Creek PHI, Pender Co. 401/404
Application DWQ # 20061274, Additional Information DTD September 15, 2006.
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 August 21, 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 on the north side of NC 210 at its intersection with Atkinson Loop Rd. in Pender
County. The property consists of approximately 216.2 acres including approximately 89.0 acres of wetlands.
The site is adjacent to Beckys Creek. Waters in this area are classified SA by the Division of Water Quality
(NCDWQ).
The applicants propose to impact approximately 0.41 acre of wetlands through filling/culverting to construct
roads and provide infrastructure for residential subdivision. The applicants propose to mitigate for wetland
impacts by buy-in to the NC EEP program. In additional information provided on September 15, 2006, the
applicant proposes to preserve all remaining wetlands not within lot boundaries and impact areas through
conservation easement. Wetlands located within the proposed lots are proposed to be "protected" with deed
restrictions.
We have the following concerns/recommendations:
• We continue to recommend a 100 ft native forested buffer is maintained or created on each side of
any on-site perennial streams. We recommend a 50 ft native forested buffer is maintained or created
on each side of intermittent streams.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Dilsheimer -Villages at Turtle Creek
September 29, 2006
• We continue to recommend that all road crossings of streams be bridged or that bottomless culverts
be used, where practicable. Where standard culverts are used, we recommend they are embedded
sufficiently to allow for the passage and settlement of aquatic organisms. We do not support the
filling of wetlands or streams for road crossings as this practice destroys wetland connectivity.
We appreciate that all remaining wetlands on-site, not within lot boundaries, are to be
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 within
wetlands. However, we recommend that the deed restrictions placed on wetlands within lot
boundaries be preserved using the same language without exception.
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: Joanne Steenhuis, NCDWQ
Noelle Lutheran, NCDWQ