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HomeMy WebLinkAbout20070958 Ver 1_WRC Comments_20070725-~ North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director MEMORANDUM To From Brad E. Shaver USACE Ian McMillan NC DENR/DWQ Steven H. Everhart, PhD, CWB Southeastern Permit Coordinator Habitat Conservation Program Date: July 25, 2007 RE: Deuce Investments, Inc. -Morris Landing, Onslow Co., DWQ#07-0958, additional information received July 13, 2007. 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 northeast side of Morris Landing Rd. (SR 1538), southeast of its intersection with Holly Ridge - Sneads Ferry Rd. (SR 1534) in Onslow County. The property totals approximately 147 acres including approximately 54 acres of jurisdictional wetlands and waters hydrologically connected to Hardison Creek and thence to Spicer Bay and the AIWW. An un-named tributary to Hardison bisects the property and wetland fingers extend into the project area. Waters in this area are classified SA by the Division of Water Quality (NCDWQ). The applicants propose to impact approximately 0.269 acre of forested wetlands and 147 linear feet of intermittent stream through filling/culverting to construct access roads and provide infrastructure for 130 homesites. No mitigation is proposed for these impacts in the revised application. Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721 Telephone: (919) 707-0220 Fax: (919) 707-0028 Deuce Investments -Morris Landing 2 July 25, 2007 We have the following concerns/recommendations: • We recommend that utility crossings at all streams be directionally bored or suspended above the stream. We recommend 100 ft and 50 ft native forested buffers are maintained or created on each side of on-site perennial and intermittent streams, respectively. Directional bores for utilities must begin and end outside the appropriate forested buffer. If utilities are to parallel streams, they must be outside the appropriate forested buffer or the 100-year flood plain, whichever is greater. 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 required in the Onslow County portion of the Cape Fear River Basin. We also recommend that all remaining wetlands 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 continue to 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 or steve.everhart cr,ncwildlife.org . CC: Joanrte Steenhuis, NCDWQ