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HomeMy WebLinkAbout20061503 Ver 1_Other Agency Comments_20061016 (2)'-_ i '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: October 16, 2006 RE: Hampstead Lands, LLC -Bayberry Farms at The Preserves, Pender Co. 401/404 Application DWQ # 20061503, USACE Action ID #200401153 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 US 17, adjacent to Topsail High School, in Pender County. The property consists of approximately 344.36 acres including approximately 218.59 acres (63 %) of pocosin/pine flatwoods wetlands. The applicants propose to impact approximately 0.494 acre of wetlands through filling/culverting to construct roads and provide infrastructure fora 250-lot residential subdivision. The applicants propose to mitigate for wetland impacts by preservation of all remaining wetlands on-site. We have the following concerns/recommendations: The property provides outstanding white-tail deer and black bear habitat and has supported hunted populations of these species in the past. The preservation of all remaining wetlands on-site will continue to provide this habitat. T}iere are historical records for the federally protected red-cockaded woodpecker in the vicinity. We recommend that a thorough survey be made f'or this and other protected species that inhabit pocosin/pine flatwoods wetlands. Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721 Telephone: (919) 707-0220 Fax: (919) 707-OQ28 I~ampstead Lands, LLC -Bayberry Farms October 16, 2006 We recommend that all utility crossings of wetlands are made using directional bore techniques. e 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. The draft conservation area restrictions were not included with the application. We recommend that all (including any owned by the applicant but not marked as to be preserved in C-104) remaining wetlands on-site are 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. We further recommend that no exclusions for wetlands occurring on platted lots be allowed and that no exclusions be made for removal of dead or diseased trees or poisonous/noxious plants. The proposed mitigation does not provide "no net loss" of wetlands. Also, the applicant states in Section VII, paragraph 2, that 0.49 acre will be impacted, but 0.57 acre is the total given in Section XIV. In addition to preservation we recommend buy-in to the NC EEP for at least 0.57 acre of non-riparian, preferably pocosin, wetlands. 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 (910) 796-7217. CC: Noelle Lutheran, NCDWQ Brad Shaver, USAGE Howard Hall, USFWS