20061798 Ver 3_WRC Comments_20070214

J-'North 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
0~ - i~q~
w ~7 ~t ~~-w'~
~--1-d7
Date: February 14, 2007
RE: Summerwind Plantation, Johnston Co., 401/404 DWQ #20061798
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 southwest of Glenn Road (SR 1010), one-fourth mile southeast of its
intersection with NC 42, in Johnston County. An un-named tributary to Swift Creek and/or Mill
Branch transects the project area. The waters of the Neuse River and the tributary are classified
as C -Nutrient Sensitive Waters by the NC Division of Water Quality (NCDWQ).
The project acreage is approximately 187.71 including approximately 9.66 acres of wetlands.
The applicants propose to impact approximately 145 linear ft and 0.026 acre of intermittent
stream and 0.048 acre of forested wetlands and through filling for road crossings and lot fill. We
did not receive any form of site plan and no mention was made as to the number of lots or type
of structures that were planned. Mitigation is proposed through NC EEP buy-in for buffer
mitigation only if required.
We have the following concerns/recommendations:
We have not been provided with sufficient information, specifically a site plan, to
properly review this project.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Summerwind Plantation
February 14, 2007
• The state and federally listed (Endangered) dwarf wedgemussel (Alasmidonta heterodon)
occurs approximately two miles from the project area Swift Creek where SR 1525
crosses and at the confluence of Mill Branch and Middle Creek [NC Natural Heritage
Program (NCNHP) database]. We recommend strict controls 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 in addition to NC EEP buy-in
within the Neuse River watershed for all wetland impacts, preferably within Johnston
County, 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 50 ft native forested buffer be created/maintained adjacent to
intermittent streams located on the property.
Where culverts are used, we recommend that they be of sufficient size and quantity, and
embedded to a sufficient depth, to allow for the passage and settlement of aquatic
organisms and to provide hydrologic connectivity between divided wetland habitats.
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 understand that a revised application is forthcoming and reserve further comment until more
information is available. Pending review of that application, 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 [phone] or
steve.everhart a,ncwildlife.or~ .
CC: Dale Suiter, USFWS
Sarah McRae, NCNHP