20021159 Ver 2_Other Agency Comments_20070320

~~ North Carolina Wildlife Resources Commission ~
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Cyndi Karoly
NCDENRlDWQ
And
Thomas Farrell
USACE
From: Steven H. Everhart, PhD
Southeastern Permit Coordinator
Habitat Conservation Program
Date: March 20, 2007 p a. -1 ~ S q V ~
RE: TP, Inc. - Oceanaire S/D, Pender Co. After-the-Fact §401/404 Application
Review, DWQ#20070337
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 1.8 miles south of the intersection of NC 210 and NC 50, in Surf City.
The property consists of approximately 13 acres including approximately 1.8 acres of §404
wetlands. Topsail Sound borders the property to the west. Much of the recorded tract is below
normal high water (NHW) of Topsail Sound.
The applicants are under Notice of Violation for unauthorized fill of §404 wetlands subsequent
to approval to fill 0.311 acre under a previous permit. The applicants propose to fill an
additional 0.325 acre of wetlands to provide lot fill and infrastructure fora 33 lot subdivision.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

TP, Inc. - Oceanaire S/D
March 20, 2007
A cumulative total of 0.636 acre of §404 wetlands would be impacted by filling/grading. The
applicants propose to mitigate for these wetland impacts on a 2:1 basis through purchase of non-
riparian wetlands through NC EEP for 0.325 acre of impact and through preservation of all
remaining §404 wetlands on-site.
We have the following concerns/recommendations:
Total wetland impacts are 0.636 acre. 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 in addition to on-site preservation, that NC EEP buy-in is
required for all wetland impacts (0.636 acres at a 2:1 ratio.
Should the applicant wish to reduce the wetland impacts to less than 0.5 acre, we
recommend the elimination of lots 9 and 12 as a modification to the project.
The NCWRC has coordinated with the Division of Water Quality with whom we share concerns.
We therefore support any recommendations they have for this project.
We have no objection to the project provided our recommendations are included as permit
conditions. 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: Jim Gregson, NCDCM
Joanne Steenhuis, NCDWQ
Jon Giles, NCDCM