20060730 Ver 2_WRC Comments_20070808

~ North Carolina Wildlife Resources Commission
Fred Harris, Interim Executive Director
MEMORANDUM
TO: Ian McMillan
NC DWQ
FROM: Dr. Steven H. Everhart, CWB
Southeastern Permit Coordinator
Habitat Conservation Program
DATE: August 8, 2007
~a~f.~-
SUBJECT: Real Estate Management Services, Inc. -Oxford Square, §401/404 Application,
DWQ#06-0730V2, AID#2006-32198-196, Wayne Co.
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 13 acre site is located approximately 500 ft northeast of the intersection of Cuyler Rd. (NC
1565) and Chaffin St., adjacent to Reedy Branch, in Wayne County. Waters in this area are
classified as C NSW by the NC Division of Water Quality (NCDWQ) and are subject to the
Neuse River buffer rules. There are approximately 2.606 acres of §404 wetlands within the
project area.
The applicants propose to construct a 50 unit townhome development. To provide sewer service
to this development, one stream crossing will be necessary.
Proposed impacts include 0.19 acre (0.16 temporary and 0.03 permanent) to §404 wetlands, 10
linear ft and 0.0046 acre to Reedy Branch, 0.03 acre to zone I buffer, and 0.02 acre to zone II
buffer. The applicants also propose to set aside 2.606 acres along Reedy Branch in restrictive
covenant.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Real Estate Mgt Services -Oxford Square
August 8, 2006
On June 21, 2007, the applicant was issued a Notice of Violation (NOV-2007-WQ-0040) by
NCDWQ citing the following:
• Removal of vegetation in buffer
• Placement of SO linear ft ofrip-rap in Reedy Branch
• Channel cut in wetlands and armored with rip-rap
• Failure to secure a 401 WQC
• Failure to follow the approved E & SC Plan
A plan to restore 0.13 acre of disturbed wetlands was submitted with the application.
We have the following concerns and recommendations:
• We recommend that all mechanized equipment, including "bobcat" vehicles, remain
outside wetlands while working or that they are supported above the wetlands on
construction mats designed for this purpose
• The plan to restore 0.13 acre of wetlands is offered as part of the mitigation package. We
recommend that, in addition to restoring the unauthorized impacts, the applicant be
required to purchase credits through the NC EEP for 0.19 acre of impacts to forested
wetlands.
• The restoration plan does not include a monitoring program to ensure the success of the
project. We recommend that a 5 year monitoring plan be developed including
benchmarks for assessing the success of the restoration.
• The application did not include a draft of the preservation document to be used. To fully
mitigate for wetland and aquatic habitat impacts, we recommend that in addition to NC
EEP buy-in, all remaining wetlands, streams, and buffers (existing, restored, or created)
on-site be preserved through conservation easement/deed restriction 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.
Based on the above concerns, we do not object to the project provided our recommendations are
included as permit restrictions. If you have any questions or require additional information
regarding these comments, please contact me at [phone].
CC: Tracey Wheeler, USAGE
Kyle Barnes, USFWS