20070735 Ver 1_WRC Comments_20070518

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: May 18, 2007
RE: Sidbury Real Estate Holdings -Charleston Lakes of Wilmington, w Hanover Co.
401/404 Application DWQ7-0735
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 north side of Sidbury Rd. approximately '/4 mile east of its intersection with
Old Dairy Farm Rd. in New Hanover County. The property consists of approximately 77.41 acres
including approximately 3.915 acres of wetlands. The Prince Georges Creek runs through and is adjacent
to the site. Additionally, an un-named tributary to Prince Georges Creek runs through a portion of the
property. Waters in this area are classified C-Swamp by the Division of Water Quality (NCDWQ).
The applicants propose to impact a total of 282 linear ft and 0.092 acre of stream and a total of 1.192
acres of wetlands through filling/culverting to construct roads and provide infrastructure fora 136-lot
residential subdivision. The applicants propose to mitigate for wetland impacts by buy-in to the NC EEP
and on-site preservation.
We have the following concerns/recommendations:
• We recommend a 100 ft native forested buffer is maintained or created on each side of any on-
site perennial streams. We recommend a 50 ft native forested buffer is maintained or created on
each side of intermittent streams.
• We recommend that all road crossings of streams be bridged or that bottomless culverts be used,
where practicable. Where standard culverts are used, we recommend they are embedded
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Sidbury RE Holdings -Charleston Lakes
May 18, 200'7
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 NCWRC does not support the filling of wetlands to generate high ground 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.
It is unclear from the mitigation plan as to how many acres of on-site wetlands are to be
preserved. We recommend that all remaining wetlands on-site are preserved in perpetuity,
using USACE guidelines, 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 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: Joanne Steenhuis, NCDWQ
Jennifer Frye, USACE