20070997 Ver 2_Other Agency Comments_20080327

North Carolina Wildlife Resources Commission ~
MEMORANDUM
TO: Cyndi Karoly
NC DENR/DWQ I /~
FROM: Moll Ellwood /~~~~1~ "~i
Y
Southeastern Permit Coordinator
Habitat Conservation Program
DATE: March 27, 2008
RE: Hoover Road Subdivision, Pender County; DWQ# 07-0997v2
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).
Mr. Kenny Eason with Legend Builders proposes to develop 76.72 acres west of Hoover Rd. and north of
Renee Dr, in Hampstead, Pender County. Development, as proposed, will be a low density, 10 lot
subdivision, in accordance with the Pender County Subdivision Ordinances.
Total wetland acreage on this site is approximately 40.6 acres with proposed impacts to 0.49 acres of
these wetlands. Impacts will be from road construction to access the western section of the parcel from
Hoover Rd. The applicant proposes to install a retaining wall to stabilize fill material from these road
crossings. Mitigation for the proposed impacts will be through restrictive covenants associated with the
development for the 8.85 acres of wetlands adjacent to the Hoover Rd. subdivision entrance. Along with
the protection of these wetlands, the applicant is proposing payment into the NC EEP at a 2:1 ratio for
non-riparian wetlands impacts.
We have the following concerns pertaining to the Hoover Rd. Subdivision application:
• The NCWRC does not support the filling of wetlands for development. We recommend that
all remaining wetlands, streams, and buffers on-site should be included within the restrictive
covenants for this subdivision, consistent with the wording provided in the submitted "Draft
Copy of Restrictions."
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Hoover Rd. Subdivision, Pender County
March 27, 2008
We understand that a permit has already been issued for this project through the U.S. Army
Corps of Engineers, which includes the acceptance of the proposed 25 foot buffer from the
centerline of Brick Run Branch. Justification was provided within the application for this
buffer instead of the recommended minimum 50 foot water quality buffer, "since the area
adjacent to the buffer would be yard and would assist in sediment removal." We do not feel
that a lawn is justification for the 25 foot water quality buffer, as lawns are contributors of
non-point source runoff, which is known to facilitate in the degradation of wetlands and
overall water quality. We recommend that wording be provided in the restrictive covenants
for this development to strongly encourage individual lot owners to maintain a minimum of a
50 foot water quality buffer when planning the development of their individual lots.
The three proposed "aquatic life transfer pipes" along Trenney Lea Dr. should be installed to
a sufficient depth to adequately function for their intended purpose, movement of all aquatic
life. Recommendations have been set forth under point 7 of the General Mitigation Measures
section of our "Guidance Memorandum to Address and Mitigate Secondary and Cumulative
Impacts to Aquatic and Terrestrial Wildlife Resources and Water Quality,"
(http://www.ncwildlife org_/p~07 WildlifeSpeciesCon/pg7c3 impacts pdf) to install all
culverts to a minimum depth of one foot below the natural streambed. These three culverts
should also be situated so as not to realign or widen the existing channels. No rip-rap should
be placed in the stream bed, since this prohibits the movement of aquatic organisms.
If you have any questions or require additional information regarding these comments, please
contact me at [phone].
CC: Joanne Steenhuis, DWQ
Ronnie Smith, USACE