20040766 Ver 2_Other Agency Comments_20070223

-_J North Carolina Wildlife Resources Commission ~
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Cyndi Karoly
NCDWQ
From: Steven H. Everhart, PhD, CWB
Southeastern Permit Coordinator
Habitat Conservation Program
Date: February 23, 2007
RE: Loop Road Development Co. -Timberlake Phase III, Johnston Co., DWQ#V2
04-0766, §401/404 Application
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 north of Loop Rd. (SR 1706), approximately one mile east of its
intersection with Covered Bridge Rd. (SR 1700), in Johnston County. The property totals
approximately 194 acres including approximately 35 acres of wetlands and Neuse River Buffer
~~)•
The applicants propose to impact approximately 0.0075 acre and 110 linear ft of stream through
filling/culverting to provide access and utilities to 100 homesites. Although no mitigation is
proposed, the applicant states that all NRB and wetlands is to remain in open space or protected
through deed restrictions on recorded plats.
We have the following concerns/recommendations:
The NCWRC does not support the filling of wetlands for development and any required
permit authorization will receive a recommendation for denial unless the project has
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Loop Road Dev -Timberlake
February 23, 2007
significant public benefits and all wetlands or aquatic habitat impacts are fully mitigated.
To fully mitigate for unavoidable wetland impacts, we recommend that all remaining
wetlands and NRB on-site (all phases) be preserved by conservation easement/deed
restriction using language consistent with U. S. Army Corps of Engineers (USAGE)
guidelines. This language 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 recommend that all NRB impacts be mitigated through NC EEP buy-in.
We do not object 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: James F. Shern, USAGE