20041167 Ver 2_Other Agency Comments_20070327

'= =~ North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Cyndi Karoly
NCDWQ
Jennifer Frye
USACE
From: Steven H. Everhart, PhD
Southeastern Permit Coordinator
Habitat Conservation Program
Date: March 27, 2007
RE: Torchwood Development Company, Inc. - Westbay Estates, New Hanover Co.,
401/404 DWQ #04-1167V2 AID#200300214 DCM#20070010
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 along the west side of Market St. (US 17), off Torchwood Blvd., in New
Hanover County. The project area includes approximately 5.68 acres of wetlands and 20,410
linear ft of waters of the U.S. The applicants propose to impact approximately 20,4101inear ft
and 0.47 acre of stream and 0.25 acre of forested wetlands through filling for road crossings and
lot fill. Mitigation is proposed through 1) restoration of 6.94 acres of drained pocosin, 2)
preservation of the existing 5.43 acres of existing wetlands and the 6.94 acres of restored
wetlands indicated above, and 3) the creation of 17,3961inear ft (0.4 acre) of grassed swales.
We have the following concerns/recommendations:
• 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
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Torchwood Dev - Westbay Estates
March 27, 2007
significant public benefits and all wetlands or aquatic habitat impacts are fully mitigated.
We do not support the use of grassed or vegetated swales as mitigation for stream
impacts. In addition to wetlands restoration and preservation through conservation
easement of all remaining and restored wetlands on-site, we recommend that mitigation
for all stream impacts (20,410 linear ft /0.47 acre) be provided through stream restoration
purchased through the NC EEP within the Cape Fear River Basin either in New Hanover
or Pender Counties.
We do not object 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: Noelle Lutheran, NCDWQ