20050949 Ver 1_Other Agency Comments_20060120

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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: [phone] • Fax: [phone]
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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.