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HomeMy WebLinkAbout20061274 Ver 2_Other Agency Comments_20070517North Carolina Wildlife Resources Commission ~ Richard B. Hamilton, Executive Director MEMORANDUM To: Cyndi Karoly NC DENR/DWQ And Brad E. Shaver USACE From: Steven H. Everhart, PhD r~'~' Southeastern Permit Coordinator Habitat Conservation Program Date: May 17, 2007 RE: Dilsheimer Communities -The Villages at Turkey Creek Phase 2~!ender Co. 401/404 Application DW ~ 12741V2, AID#200600208 Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject application for impacts to wildlife and fishery resources. A site visit was conducted on August 21, 2006. 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 NC 210 at its intersection with Atkinson Loop Rd., with a property connection to US 17 to the northwest, in Pender County. The property consists of approximately 244.52 acres including approximately 100.03 acres of wetlands. The site is bisected by Beckys Creek. Waters in this area are classified SA by the Division of Water Quality (NCDWQ). The applicants propose to impact 701inear ft of stream, 0.063 acre of riparian wetlands, and 2.173 acre of non-riparian wetlands through filling/culverting to construct roads and provide infrastructure for a residential subdivision. The applicants propose to mitigate for wetland impacts by buy-in to the NC EEP program for 0.063 acre of riparian wetlands and 2.173 acres of non-riparian wetlands. Additionally, the applicants propose to preserve remaining wetlands in Phase 2, adding to the 61.5 acres already preserved in Phase 1. Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721 Telephone: (919) 707-0220 Fax: (919) 707-0028 Dilsheimer -Villages at Turtle Creek 2 May 17, 2007 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. We recommend the elimination of Impact # 12 (70 linear ft of stream, 0.063 acre of wetlands) by bridging. The applicant states that this crossing will consist of five 48-in culverts and represents a significant stream crossing. We do not support the filling of wetlands or streams for road crossings as this practice destroys wetland connectivity. The applicants state that the road crossing at Impact #12 is required by the Town of Surf City for emergency vehicle access and to provide through flow of traffic within the subdivision. In fact, the only ordinances associated with access do not require this entrance. There are already two entrances to the subdivision; one directly from NC 210 and the other via Edgecombe Estates. The most direct route for emergency vehicles is from NC 210, not US 17. If this entrance is permitted, we recommend the bridging of Impact # 12 as indicated above. • 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. Should Impact #12 be permitted, we recommend that the applicants be required to mitigate for 70 linear ft of stream impacts. • 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 (910) 796-7217. CC: Joanne Steenhuis, NCDWQ