20061503 Ver 2_Other Agency Comments_20070620

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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: June 20, 2007
RE: Hampstead Lands, LLC -Bayberry Farms at the Preserve, Pender Co. 401/404
Application DWQ # 20061503V2, USACE Action ID #200640390071
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 (in the subdivision). Since
last applying for this permit, the applicant has surveyed for red-cockaded woodpecker clusters and found
one abandoned site. They will continue to monitor the site for activity.
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, including those outside the platted subdivision, will continue to provide this habitat.
• 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
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Hampstead Lands, LLC -Bayberry Farms V2
June 20, 2007
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. In addition to preservation,
we recommend buy-in to the NC EEP for at least 0.5 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: Joanne Steenhuis, NCDWQ
Brad Shaver, USACE
Howard Hall, USFWS
John Hammond, USFWS