20071171 Ver 1_WRC Comments_20070725

~ 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: July 25, 2007
RE: Midland Development Group -Kohl's Department Store/ Gateway South
Shopping Center, Onslow Co., DWQ#07-1171
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 southwestern side of Western Blvd. (SR 1470), near its intersection
with Branchwood Dr., in Onslow County. The property totals approximately 13.59 acres
including approximately 1.14 acres of jurisdictional wetlands and waters hydrologically
connected to Mill Creek. Headwater fingers of un-named tributary to Mill Creek extend into the
project area.
The applicants propose to impact approximately 0.15 acre of herbaceous wetlands through filling
to construct a commercial building and associated parking. No mitigation is proposed for these
impacts.
We have the following concerns/recommendations:
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Midland - Kohls
July 25, 2007
• 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 purchased in the Onslow County portion of the Cape Fear
River Basin. We also recommend that all remaining wetlands be preserved through
conservation easement/deed restricitons 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(c~ncwildlife.org .
CC: Joanne Steenhuis, NCDWQ