20052197 Ver 3_Other Agency Comments_20070327

~ North Carolina Wildlife Resources Commission ~
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Cyndi Karoly
NC DENR/DWQ
From: Steven H. Everhart, PhD >v"~"' '
Southeastern Permit Coordinator
Habitat Conservation Program
Date: March 27, 2007
RE: Town and Country Developers at Wilmington -Avalon, Brunswick Co. 401 /404
Application DWQ#OS-2197V3 AID#200600298
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 off NC 211, between Old Lennon Rd. and NC 211 approximately 3.5 miles
southeast of the intersection of US 17 and NC 211. The property consists of approximately 200 acres of
high ground and approximately 43 acres of wetlands. An un-named tributary to the Lockwoods Folly
River bisects the property. The stream is designated as a perennial stream on the NC Natural Heritage
Program (NHP) GIS map. Waters in this stream are classified C-Swamp by the Division of Water
Quality. Other on-site wetlands include open water ponds and forested wetland.
The applicants propose to impact approximately 0.25 acre of wetlands and 491inear feet of stream
through filling to construct roads and provide infrastructure for 344 single-family homesites. Utilization
of Brunswick County public water and sewer utilities is anticipated. The applicant proposes to mitigate
for wetland impacts by on-site restoration of 0.53 acre ofnon-riparian wetland and payment to NC EEP
for restoration of 491inear feet of stream.
We have the following concerns/recommendations:
• Apparently, stormwater will flow from roadways and alleyways via swales to wetlands. Best
Management Practices (BMPs) would provide for sheet flow to level spreaders before spilling
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Town and Country -Avalon
March 27, 2007
into riparian buffers. We recommend the use of these practices or on-site retention of stormwater
in a manner consistent with BMPs for infiltration and evaporation.
We recommend road crossings of streams with bridges, where practicable. If culverts are
utilized, they should be imbedded sufficiently to allow for the passage and settlement of aquatic
organisms. Utility crossings of streams and wetlands should be directionally bored or suspended
above the stream.
• We recommend 100 ft and 50 ft native forested buffers are maintained or created on each side of
on-site perennial and intermittent streams, respectively. Ideally, the agricultural dam should be
removed and a stream restoration project initiated to restore natural stream flow with appropriate
forested buffers.
The presence of 344 homes adjacent to the un-named tributary to the Lockwoods Folly River is
likely to have an adverse cumulative impact. The presence of pet wastes and lawn treatment
products in this runoff could have an adverse impact on water quality. Technically, since this un-
named tributary is connected to the Lockwoods Folly River, it is considered a Primary Nursery
Area (PNA). Deed restrictions/protective covenants could be used to require proper disposal of
pet wastes, but this would require homeowner association enforcement.
The cumulative impacts of future development (home, commercial and multifamily construction)
on wetlands have not been addressed. The wetlands on-site are a part of the Boiling Spring Lakes
Wetland Complex. We recommend that all remaining and restored wetlands on-site be preserved
through permanent conservation easement to prevent further impacts using USACE
recommended language. This easement should prohibit any cutting, mowing, or disturbance of
vegetation; soil disturbance; or construction of any kind (including walkways, piers, platforms,
etc.) within the wetlands.
Impact areas H and J have not been aligned to minimize impacts. Slight adjustments to the west
in roadway/alleyway alignment appear to reduce or eliminate these impacts.
• The applicant misrepresents the intent of the statement from the San Francisco Bay Conservation
and Development Commission. If the site exhibits a natural sandy beach, then there is no need to
modify it to provide a kayak launch. We recommend that the grading of the kayak launch area be
eliminated from the project. An upland pervious parking area would be more appropriate.
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