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HomeMy WebLinkAbout20061327 Ver 1_WRC Comments_20061208~^~~ 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: December 8, 2006 RE: Stowmac, LLC -Watermark Landing, New Hanover Co., Revised 401 /404 Application DWQ # 20061327 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. 66] et. seq.), and Sections 401 and 404 of the Clean Water Act (as amended). The project is located on the west side of River Road across from the rear entrance to The Cape subdivision in New Hanover County. The property consists of approximately 64.62 acres including approximately 51.13 (79%) acres of wetlands. The site is adjacent to the Cape Fear River. Waters in this area are classified SC by the Division of Water Quality (NCDWQ). The applicants propose to impact approximately 0.2276 acre of wetlands through filling/culverting to construct roads and provide infrastructure for a residential subdivision. The applicants propose to mitigate for wetland impacts by on-site preservation of all remaining wetlands and buy-in to the NC EEP. We have the following concerns/recommendations: • Where standard culverts are used, we recommend they are embedded sufficiently to allow for the passage and settlement of aquatic organisms and they be of sufficient size and number to maintain hydrologic connectivity among wetlands. We do not support the filling of wetlands or streams for road crossings as this practice destroys wetland connectivity. • Not withstanding the New Hanover County 75 ft COD buffer, placement of fill in wetland area #3 represents a much greater impact than placing a road connection in the buffer between Marada Way and Lanyards End. We recommend and support elimination of the Diligence Trail- Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721 Telephone: (919) 707-0220 Fax: (919) 707-0028 Stowmac -Watermark Landing December 8, 2006 Lanyards End road connection and a modified plan that places a connection at the narrowest point between the Marada Way and Lanyards End uplands, even though it will be placed within the COD buffer. This alternative provides the least environmental impact to wetlands. • We recommend that utility crossings of wetlands be made using directional bore methods rather than trenching, unless they are suspended above the wetlands. • We recommend that all remaining wetlands on-site are preserved in perpetuity through conservation easement that 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, without exclusion of any parcel. • There appear to be impacts to the wetlands by placement of a "road shoulder jogging trail" within the wetlands. We recommend that this trail be placed only within the uplands as repeated foot traffic through the wetlands will result in soil compaction and destruction of wetland vegetation. • We recommend that those wetlands being purchased through NC EEP buy-in be of equal or higher functional value to those impacted. 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. CC: Noelle Lutheran, NCDWQ Howard Hall, USFWS Jennifer Frye, USACE