20070018 Ver 2_WRC Comments_20070322

North Carolina Wildlife Resources Commission ~
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Cyndi Karoly
NC DENR/DWQ
James F. Shern
USACE
From: Steven H. Everhart, PhD
Southeastern Permit Coordinator
Habitat Conservation Program

Date: March 22, 2007
RE: NC 42 East Development, LLC - 42 East, 401/404 Application, Johnston County,
DWQ#07-0018-V2
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 south of NC 42 and west of Motorcycle Rd. (SR 1704), in Johnston County. The
property consists of approximately 333 acres including approximately 5.4 acres of wetlands and 14,280
linear ft of streams including Mill Creek, a tributary to the Neuse River to the south . Land use in the
vicinity includes undeveloped, agricultural, and residential. The subject property is currently
undeveloped.
The applicants propose to impact approximately 0.08 acres of wetlands and 293 linear ft (0.3 acre) of
stream through filling/culverting/grading to provide infrastructure for a multiuse subdivision. The
applicants propose to mitigate for impacts through NC EEP buy-in for wetlands, stream, and buffer
restoration/preservation, and through preservation of all remaining wetlands, streams, and buffers on-site.
We have the following concerns/recommendations:
We recommend that a 50 ft native vegetated buffer be maintained or created between any
retention ponds and adjacent wetlands or streams.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

NC 42 East Development
March 22, 2007
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. We recommend that all
areas to be preserved are protected through conservation easement 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.
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].