20070156 Ver 2_WRC Comments_20070814

:.
North Carolina Wildlife Resources Commission ~
MEMORANDUM
TO: Scott Jones, USAGE
P. O. BOX 1000
Washington, NC 27889-1000
scott. j ones@usace. army.mil
Ian McMillan, NC DWQ
1650 Mail Service Center
Raleigh, NC 27699
[e-mail]
FROM: David R. Cox, Supervisor
Technical Guidance Section
Habitat Conservation Program
DATE: August 14, 2007
SUBJECT: Mill Run Development Group -Cutter Creek Plantation, §401/404 Application,
DWQ #20070156V2, Greene Co.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed
the subject application for impacts to wildlife and fishery resources. A site visit was conducted
on February 15, 2007 and apre-application meeting was held on March 9, 2007. 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 634-acre site is located northeast of the intersection of NC 58 and NC 123 (Glenfield
Crossroads) adjacent to Rainbow Creek, approximately 1.5 miles upstream of its confluence with
Contentnea Creek, in Greene County. Three un-named tributaries to Rainbow Creek are located
on the property. Waters of these streams are classified as Class C Sw NSW by the NC Division
of Water Quality and are subject to the Neuse River buffer rules. Approximately 33.68-acres of
§404 wetlands are within the project area.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Mill Run Development -Cutter Creek
August 14, 2007
The applicants propose to construct amixed-use development containing 571+ single-family
lots, 174 multi-family units, an 18-hole golf course, an 11 acre lake, 10 ponds, and 18 acres of
commercial/retail space. To provide access and infrastructure to this development,
approximately 8.5 miles of paved roadway, a dam with center height of approximately 20 ft,
water main, sewer, and stormwater collection systems will be installed.
Proposed impacts include 0.025 acre of §404 wetlands, 0.170 acre of Waters of the U.S., 2,550
linear ft of stream, and 1.91 acres of riparian buffer subject to the Neuse River Buffer rules.
Mitigation is proposed through the preservation of all remaining wetlands (33.65 acres) and
streams (13,4501inear ft) on-site and the addition of 1.23 acres of vegetated buffer to areas
exempt from the riparian buffer rules.
We have the following concerns and recommendations:
• Dams and in-stream impoundments break the ecological continuity of stream systems
(NCWRC 2006). Damming of headwater streams changes not only the habitat in the
immediately affected area but also degrades habitat quality throughout the riverine
system. We recommend that tributaries flowing into Rainbow Creek not be
impounded to create lakes and that the off-channel alternative is utilized. The
existing streams continue to exhibit natural characteristics such as meander, instream
habitat, and natural riffle-pool sequences. Floodplains are not present, but the high
stream gradient and topography of the landscape likely preclude their formation. Small
headwater streams are important for transportation of organic material to maintain
aquatic biological communities in larger streams. Thus, tributary streams provide
important support functions for larger creeks and rivers; resident and anadromous fish
species are dependent on transport of organic input from tributary streams for support of
prey items. River hemng (collectively blueback herring and alewife), anadromous
species that have declined significantly in eastern North Carolina, have been collected in
Contentnea Creek near the confluence of Rainbow Creek and the project area. These
species use this area for spawning. Impoundments of tributaries in this area will likely
block anadromous fish migrations and will modify natural hydrologic regimes that
support successful spawning of resident and anadromous species.
We are concerned about the extent of clearing within the buffer zone on the subject
stream. Based on the elimination of forested riparian habitat surrounding the stream,
biological productivity in the tributary itself has likely been reduced. Increased residential
development near this stream without an intact riparian zone will exacerbate impacts to
existing aquatic communities in the stream and in receiving waters. The removal of the
natural forested buffer may also reduce the treatment (infiltration) of nutrients in an
already designated nutrient sensitive river system. We recommend that 100 ft native
forested buffers be maintained or created on each side of all blue-line streams,
including Rainbow Creek, the stream to be dammed, and the other on-site perennial
streams.

Mill Run Development -Cutter Creek 3 August 14, 2007
Should the regulatory agencies allow the lake to be created by dam construction, we
recommend that the Neuse River Buffer Rules be strictly applied to the perimeter of
the created lake, thus requiring a 30 ft native forested buffer (zone 1) to be created
adjacent to the lake, with another 20 ft vegetated (shrub or grassed) buffer in zone 2. All
wetland or buffer creation plans should include a 5 year planting/monitoring program
with success criteria to include tree species density and height, limits on dominant species
occurrence, and placement of all buffers in conservation easement or restrictive covenant
protection (see below).
The NCWRC does not support the filling of wetlands 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 and aquatic habitat impacts, we recommend that in
addition to NC EEP buy-in within the Neuse River watershed for all wetland
impacts, all remaining wetlands 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 call Steve Everhart at [phone].
Literature Cited:
NCWRC. 2006. North Carolina Wildlife Resources Commission In-stream Impoundment
Guidance. NCWRC, Raleigh.
cc: Kyle Barnes, NCDWQ, kyle.barnes ci.ncmail.net
Steve Everhart, NCWRC, steve.everhart(a?ncwildlife.org
Bob Barwick, NCWRC, bob:barwick~~.ncwildlife.or~
Bennett Wynne, NCWRC, wynnemb~suddenlnk.net
Howard Hall, USFWS, howard hall~?fws.~