20070137 Ver 1_WRC Comments_20070212

'~~~ North Carolina Wildlife Resources Commission ~
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Cyndi Karoly
NCDWQ
From: Steven H. Everhart, PhD, CWB
Southeastern Permit Coordinator
Habitat Conservation Program
~~~ ~~
Date: February 12, 2007
RE: Barker and Canady Homes - Tidemarsh Landing, Brunswick Co.,
DWQ#20070137, §401/404 Application
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 Southport-Supply Rd. (NC 211), approximately one-half mile
west of its intersection with NC 133, in Brunswick County. The property totals approximately
16.29 acres including 2 scrub/shrub wetlands of 2.6 and 0.66 acres each.
The applicants propose to impact approximately 0.69 acre of scrub/shrub wetland through filling
to provide access and utilities to 45 homesites and to fill 12 lots. Mitigation is proposed through
deed notification of all remaining wetlands on-site.
We have the following concerns/recommendations:
• 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 unavoidable wetland impacts, we recommend that NC EEP buy-in
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Barker and Canady - Tidemarsh Landing
February 12, 2007
be required within Brunswick County. We also recommend that language consistent with
U. S. Army Corps of Engineers (USAGE) guidelines be used in the conservation
easement for the preservation of all remaining 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. The sample deed notification does not suffice to preserve the
natural wetland community.
We recommend that bridges be used for stream/wetland crossings where practicable.
Where culverts are used, we recommend that they be of sufficient size and quantity, and
embedded to a sufficient depth, to allow for the passage and settlement of aquatic
organisms and to provide hydrologic connectivity between divided wetland habitats. The
only apparent need for wetland impact #4 is to complete a circle drive in the subdivision.
This does not represent the least environmentally damaging alternative. We recommend
that the project be modified to end Patrick Newton Dr. in a cul-de-sac or hammerhead.
• Wetland impacts 1-3 provide lot fill (0.49 acres) for construction. We recommend the
elimination of lots 33 and 34, combining lots 31 and 32, and combining lots 35 and 36.
By not filling the wetlands in impact areas 1-3 and including them in the preservation
area, impacts would be reduced by 80 percent. In addition, removing the road crossing
would result in nearly 100 percent of the wetland impacts being removed.
We do not object to the project provided our recommendations to minimize impacts 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: Jennifer Frye, USAGE
Noelle Lutheran, NCDWQ