19930786 Ver 2_Other Agency Comments_20070827

'= !North Carolina Wildlife Resources Commission ~
MEMORANDUM
To: Cyndi Karoly
NC DENR/DWQ
Kim Garvey
USACE
Stephen Rynas, AICP
NCDCM
From: Steven H. Everhart; PhD
Southeastern Permit Coordinator
Habitat Conservation Program
~AE4.~ -
Date: August 27, 2007
RE: The Reserve Development Company, LLC -The Reserve at St. James Additional
Information, 401/404 Application and Federal Consistency Determination, Brunswick
County, DCM#20070025 DWQ# 93-0786-V2 USACE AID#200200768
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 south of NC 21 lat its intersection with Midway Rd. (SR 1500), approximately 3
miles northwest of the intersection of NC 211 and NC133 , in Brunswick County. The property consists
of approximately 2372 acres including approximately 1290 acres (54 percent) of wetlands. These
wetlands are primarily wet pine flats and pocosin. Land use in the vicinity includes undeveloped and
residential. The subject property is currently undeveloped. Most of the tract is located within the Boiling
Spring Lakes Wetlands Complex, a Natural Heritage Priority Site.
The applicants propose to impact approximately 1.5 acres of wetlands through filling/culverting to
provide infrastructure for 1213 single-family lots, 1,912 multi-family units, 842 assisted-living units, and
39.55 acres of retail/commercial space. The applicants propose to mitigate for wetland impacts through
on-site creation of 2.0 acres of wetlands and preservation of all remaining wetlands on-site.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Reserve at St. James -Additional Information 2 August 27, 2007
We have the following concerns/recommendations:
In addition to those species indicated in the applications, the Natural Heritage Program (NHP)
database also records the 1999 presence of the endangered red-cockaded woodpecker (Picoides
borealis) less than one-half mile east of the property, along NC 211. Additionally, the Venus
flytrap (Dionaea muscipula) has been recorded to occur on-site. We recommend that surveys for
state and federally listed species be conducted and, if found, appropriate action be taken to ensure
their protection. The applicant has satisfied this recommendation by conducting surveys.
• Given the history of wetland impacts at St. James Plantation and the cumulative impacts that are
represented by this phase of development and the previous individual lot owner impacts, we
recommend that all wetland and stream crossings be bridged, rather than filled. The applicant
has addressed this concern by constructing five bridges throughout the site, thereby
reducing the impacts from 1.99 to 1.5 acres.
• We recommend that utility crossings of wetlands be made using directional bore methods rather
than trenching, unless they are suspended above the wetlands. These should begin and end
outside any required buffers or the 100-year floodplain, whichever is greater. The applicant has
agreed to either directionally bore or place utilities within road rights-of--way.
• We recommend that 100 ft and 50 ft native forested buffers are maintained adjacent to all
permanent and intermittent streams, respectively. The applicant has agreed to preserve
adjacent wetlands as vegetative buffers and is using a bridge to cross the only
stream on the project.
• 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 impacts, we recommend that all remaining and created wetlands on-site 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. As The
Nature Conservancy already manages lands/conservation easements in Boiling Spring Lakes and
the Green Swamp, we recommend consideration of their potential for holding this easement. The
applicant has agree to preserve all remaining wetlands on the property through
conservation easement and/or deed restrictions. The details of the restrictions were not
provided. However, we continue to recommend the USAGE guidelines language be
required in these.
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].
CC: Scott Pohlman, NCNHP
Joanne Steenhuis, NCDWQ
Dan Bell, The Nature Conservancy
Howard Hall, USFWS
Jenna Begier, NCWRC