20070997 Ver 1_WRC Comments_20070620

~ North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Brad E. Shaver
USACE
Ian McMillan
NC DENR/DWQ
From: Steven H. Everhart, PhD, CWB
Southeastern Permit Coordinator
Habitat Conservation Program
Date: June 20, 2007
RE: Legend Builders -Hoover Road S/D, Pender Co., DWQ#07-0997
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 Hoover Rd. (SR 1569), and north of Renee Dr. in
Pender County. The property totals approximately 76.72 acres including approximately 39.31
acres of forested wetlands.
The applicants propose to impact approximately 0.476 acre of forested wetlands through filling
to construct access roads and provide infrastructure for 10 homesites. No mitigation is offered
for these impacts.
We have the following concerns/recommendations:
• It does not appear that wetland impacts have been sufficiently minimized. The access
road takes a direct route across the widest portion of the wetlands adjacent to Hoover Rd.
We recommend that this be a curved entrance located to the south utilizing the high
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Legend Builders -Hoover Road S!D
June 20, 2007
ground portion of lot 10 (eliminating the lot from the plan) and crossing the wetlands at
more narrow points.
There are access easements shown crossing wetlands on the plan, but these are not
counted as impacts.
• The NCWRC does not support the filling of wetlands without maintaining connectivity
between separated wetland areas. If standard culverts are used, they should be of
sufficient size and quantity to maintain connectivity and they should be imbedded
sufficiently to allow for the passage and settlement of aquatic organisms.
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. To fully mitigate for wetland impacts, we recommend that
the EEP buy-in credits be in the Pender County portion of the Cape Fear River Basin.
We also recommend that all remaining wetlands on-site be preserved through
conservation easement using language consistent with U. S. Army Corps of Engineers
(USAGE) guidelines for the preservation of wetlands. 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 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] or steve.everhart(a~ncwildlife.org .
CC: Joanne Steenhuis, NCDWQ
Howard Hall, USFWS