20071422 Ver 1_WRC Comments_20070827

'-==~ North Carolina Wildlife Resources Commission ~
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Cyndi Karoly
NC DENR/DWQ
Kimberly Garvey
USACE
From: Steven H. Everhart, PhD
Southeastern Permit Coordinator
Habitat Conservation Program
Date: August 27, 2007
RE: Oak Island -Mercer Mill Reclaimed Water Dispersal Site, 404/401 Application,
Brunswick County DWQ#07-1422
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 211, approximately 1 mile south-southeast of its intersection
with Sunset Harbor Rd., in Brunswick County. The 105.5 acre forested site is surrounded by
Mercer Mill Creek to the north and undeveloped, forested or pastured parcels elsewhere. The
NC Division of Water Quality (NCDWQ) has designated Mercer Mill Creek as High Quality
Waters (HQW).
The applicant proposes to disturb 45.95 acres for the construction of a wastewater spray
application field of 12.63 acres and an additiona133.32 acres for infiltration basins, roads, and
erosion control measures. This would not impact any of the total 19.178 acres of §404 wetlands
on the property. No mitigation is proposed for these impacts.
We have the following concerns/recommendations:
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

OKI -Mercer Mill Reclaimed Water Dispersal Site 2
August 27, 2007
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.
For additional information regarding our guidance policies, please see our publication Guidance
Memorandum 7oAddressAnd Mitigate SeconcfaryAndCumulative Impacts 7o AquaticAnd7errestriaC
4NiCcfCzfe 12esources And 4Nater QuaCity, which can be found at:
http://www.ncwildlife.org/pg07_WildlifeSpeciesCon/pg7c3_impacts.pdf
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)
796-7436.
CC: Joanne Steenhuis, NCDWQ
Dan Bell, The Nature Conservancy