20071445 Ver 1_WRC Comments_20070827

~' _ 'North Carolina Wildlife Resources Commission ~
MEMORANDUM
To: Jennifer Frye\
USACE
Cyndi Karoly
NC DENR/DWQ
From: Steven H. Everhart, PhD ~+"u"' /
Southeastern Permit Coordinator
Habitat Conservation Program
Date: August 27, 2007
RE: Carolina Beach -Wilmington Beach Street Improvements, AID#2007-00912-065, New
Hanover County
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 made on
August 27, 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 project is located within the Wilmington Beach area of the Town of Carolina Beach and is
confined to the established rights-of--way of the following streets: Bowfin Lane, Snapper Lane,
Swordfish Lane, Bonito Lane, Mackerel Lane, Pinfish Lane, Searay Lane, Spot Lane, Croaker
Lane, Tennessee Avenue, North Carolina Avenue, Ocean Boulevard, South Carolina Avenue,
and Texas Avenue. The site contains approximately 1.45 acres of §404 wetlands that are
adjacent to an un-named tributary to the Cape Fear River. The project area also contains a man-
made linear tributary to the Cape Fear River.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Carolina Beach Wilmington Beach Street Imp
August 27, 2007
The applicant proposes to discharge fill material into 1.452 acres of jurisdictional wetlands and
3,2471inear ft of a man-made tributary to improve and/or construct the area roadway system.
The primary purpose is to provide paved access to platted residential lots to open them up to
development. The applicant proposes to mitigate for wetland impacts through the preservation
of 40 acres of tidal marsh in Carolina Beach and payment into the NC Ecosystem Enhancement
Program (EEP).
We have the following comments/concerns:
• 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 any wetlands to be preserved, created, or enhanced 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
It is not appropriate to preserve tidal marsh as mitigation for §404 impacts. Coastal
wetlands are already protected from development through the Coastal Area Management
Act (LAMA). Additionally, if the proposed tidal marshes were to be placed in
conservation easement, the walkways and other structures that may be present there
would not conform to the restrictions found in the USAGE guidelines. 7dVe recommend
that the Town obtain land either through outright purchase or imminent domain that
cannot be developed without §404 wetland impacts to preserve as mitigation. There are
some lands suitable for this purpose near Carolina Beach Lake.
• This application does not take into consideration the cumulative and secondary §404
wetland impacts associated with opening up the platted lots to development. Twenty-
three of the lots to be opened up for development, (approximately 2.64 acres) are at least
90% (most are 100%) wetlands. Certainly, property owners will expect to be able to fill
their lots once the roads are constructed or improved.
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: Joanne Steenhuis, NCDWQ
Howard Hall, USFWS
Robb Mairs, NCDCM