20061503 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: [phone] 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 [phone].
CC: Noelle Lutheran, NCDWQ
Brad Shaver, USAGE
Howard Hall, USFWS