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HomeMy WebLinkAbout20061955 Ver 2_WRC Comments_20070216North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director MEMORANDUM To: Cyndi Karoly NCDWQ From: Steven H. Everhart, PhD Southeastern Permit Coordinator Habitat Conservation Program Date: February 16, 2007 RE: Crossroads Development Corp - Greystone Crossing, Johnston Co., 401/404 DWQ #20061955 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 404 of the Clean Water Act (as amended). The project is located on the west side of Massengill Hill Road (SR 1309), one-fourth mile north of its intersection with NC 210, in Johnston County. An un-named tributary to Hooks Branch (Meuse River Basin) transects the project area. The waters of Hooks Branch and the tributary are classified as C -Nutrient Sensitive Waters by the NC Division of Water Quality (NCDWQ). The project acreage for Phase 2 is approximately 112.6 including approximately 8.89 acres of wetlands. The applicants propose to impact approximately 119 linear ft and 0.016 acre of stream and 0.026 acre of allavial [sic] wetlands through filling/culverting for road crossings. We received a site plan for phase 2 only and not the entire project. No mitigation is proposed for unavoidable impacts. We have the following concerns/recommendations: • We have not been provided with sufficient information, specifically a comprehensive (all phases) site plan, to properly review this project. Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721 Telephone: (919) 707-0220 Fax: (919) 707-0028 Greystone Crossing February 16, 2007 • The state (Endangered) and federally listed (Special Concern) Atlantic pigtoe mussel (Fusconaia masoni) occurs approximately 1.5 miles from the project area in Black Creek near its confluence with Hooks Branch [NC Natural Heritage Program (NCNHP) database]. We recommend strict controls within the project's Sedimentation and Erosion Control plans to prevent downstream sedimentation. The NCWRC does not support the filling of wetlands for development and any required permit authorization will receive a recommendation for denial unless the project has significant public benefits and all wetlands or aquatic habitat impacts are fully mitigated. To fully mitigate for wetland impacts, we recommend that NC EEP buy-in be required for restoration within the Neuse River watershed for all wetland impacts, preferably within Johnston County and that all remaining wetlands on-site be preserved through conservation easement/deed restriction using language consistent with U. S. Army Corps of Engineers (USAGE) guidelines for the preservation of wetlands. This language 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. • We recommend that a 100 ft native forested buffer be created/maintained adjacent to perennial streams located on the property and that any buffer that is required be placed under the same restrictions stated above. We recommend that all utility crossings of streams be either suspended above the stream or that the directional bore method is used for these crossings. Directional bores must begin and end outside the forested buffer or the 100 year flood plain, whichever is greater. 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 contact me at (910) 796-7217 or steve.everhart(a~ncwildlife.or~ . CC: Dale Suiter, USFWS Sarah McRae, NCNHP