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HomeMy WebLinkAbout20050949 Ver 1_Other Agency Comments_20060120zooszon(3" RECEIVED JAPE -3 2006 xH REGULATORY FIELD OFFICE North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director MEMORANDUM To: Mr. Todd Tugwell Raleigh Regulatory Field Office USACE 6508 Falls of the Neuse Rd., Ste. 120 Raleigh, NC 27615 From: Steven H. Everhart, PhD Southeastern Permit Coordinator Date , January 20, 2006 RE: Partners Equity Group - USACE PN # 200520934, Partners Equity Group S/D, Johnston Co. 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 on the west side of SR 2398 (Industrial Park Rd.) approximately 0.5 miles north of US 70 BUS near exit 95 on I-95 in Smithfield. The site is vacant wet flatwoods the vegetation of which has been previously impacted by clearing. The lots are situated on a divide between Buffalo Creek and Polecat Branch. Surrounding land use is commercial/retail. The applicant proposes to develop lots 18 and 19 commercially. The project would impact 2.44 acres of a total 2.79 acres of wet flatwoods on the property by clearing, grading, and filling. The applicant proposes to mitigate for these impacts through on-site construction of detention wetlands and/or EEP buy-in. We have the following concerns: Wet pine flatwoods occurring in this area have been identified by the Natural Heritage Program as rare in NC and globally are considered rare with limited local distribution.. Mailing Address:- Division of Inland Fisheries 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 z Partners Equity S/D Lots & 19 2 January 20, 2006 According to the wetlands delineation that was provided, these are the type of wetland that existed on the two lots, pre-construction: • Previous permitting for the overall development was conditioned on the placement of the wetlands on lots 18 and 19 in permanent conservation easement to protect them from development in perpetuity. These lots are almost entirely wetlands. • Further, the vegetation on the two lots was to have been enhanced as a condition of previous permitting. The applicant states that vegetation on the two lots has been previously impacted by clearing activities. Apparently the previous condition of enhancement was not performed. • The applicant has only provided conceptual language as to the plans for on-site mitigation. A detailed mitigation plan is needed, if on-site mitigation is proposed. We recommend preservation of wetlands on-site or in the general vicinity of, and of the same type and quality, as those impacted as opposed to creation or EEP buy-in. The Wildlife Resources Commission does not support the issuance of permits for this project as proposed. Due to previous permit conditions that were not honored, we request that the applicant provide appropriate mitigation for proposed and previous impacts before any additional wetlands are impacted. Thank you for the opportunity to review and comment on this application. If you have any questions or require additional information, please call me at (910) 796-7436.