20060197 Ver 1_WRC Comments_20060313

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® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Jennifer Frye
USACE
And
Cyndi Karoly
NC DENR/DWQ
From:
Date:
RE:
Steven H. Everhart, PhD, CWB
Southeastern Permit Coordinator
Habitat Conservation Program
March 13, 2006
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Helmsdale Investors -Helmsdale at Landfall, New Hanover Co., USACE Section
404 Public Notice, Action ID # 20051184
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 along the south side of Arboretum Drive, west of South Moorings Drive, in
the Landfall community of Wilmington. The property totals approximately 40.5 acres with
approximately 8.61 acres of jurisdictional wetlands and waters hydrologically connected to Howe
Creek. Howe Creek borders the property to the west, fingers of which extend into the project area.
Waters in this area are classified SA-Outstanding Resource Waters by the Division of Water Quality
(NCDWQ and are designated as a Primary Nursery Area (PNA) by the NC Division of Marine
Fisheries (NCDMF). The waters are closed to shellfishing.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

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Helmsdale at Landfall
March 13, 2006
The applicants propose to impact approximately 0.295 acre of wetlands and 721inear feet of stream
through filling/culverting to construct an access road and provide infrastructure fora 48 home
subdivision.
The applicants propose to mitigate for wetland impacts through the preservation of 8.25 acres of
remaining wetlands on-site. Additionally, they propose to preserve an additional 30 acres of coastal
and freshwater wetlands and to create approximately 0.295 acre of wetland within the Landfall
community.
We have the following concerns/recommendations:
• The applicants plan to culvert fill to accomplish stream/wetland crossings. We recommend
road crossings of streams with bridges. If culverts must be utilized, they should be imbedded
sufficiently to allow for the passage and settlement of aquatic organisms. Utility crossings at
streams should be directionally bored or suspended above the stream.
We recommend 100 ft and 50 ft native forested buffers are maintained or created on each
side of on-site perennial and intermittent streams, respectively. Directional bores for utilities
must begin and end outside the appropriate forested buffer. If utilities are to parallel streams,
they must be outside the appropriate forested buffer or the 100-year flood plain, whichever is
greater.
The presence of 47 homes adjacent to Howe Creek with swale and/or sheet flow of
stormwater runoff is likely to have an adverse cumulative impact on this body of Outstanding
Resource Water. The presence of pet wastes and lawn treatment products in this runoff could
have an adverse impact on water quality resulting in reduction of production capacity of this
important Primary Nursery Area. We recommend retention of stormwater runoff on-site to
allow for filtration through the soil. Additionally, deed restrictions/protective covenants
could be used to require proper disposal of pet wastes, but this would require homeowner
association enforcement.
• The cumulative impacts of future development (home construction) on wetlands have not
been addressed. We recommend that all remaining and created/restored wetlands on-site be
preserved through permanent conservation easement to prevent further impacts. This
easement should prohibit any cutting, mowing, or disturbance of vegetation; soil
disturbance; or construction of any kind (including walkways, piers, platforms, etc.)
within the wetlands (i.e., preservation is not limited to just the prevention of filling).
• A portion of the eastern end of Phase III is designated as Passive Common Area, but this use
has not been defined. This area should be included in the conservation easement and
permanently preserved as indicated above.
• In the cost analysis (Figure 7), the average sales price is listed as $200,000. During 2005,
two nearby lots on Montrose sold for $237,500 and $293,000 each. This would indicate an
average sales price of at least $265,250 providing over $3 million in income from sales. For

Helmsdale at Landfall
March 13, 2006
a project of this magnitude, minimization of impacts through the use of bridges for stream
crossings appear to be practicable and should be used.
• Several lots (e.g., 33, 39, and 46) do not appear to include enough high ground to provide
buildable space.
The NCWRC has coordinated with the NCDWQ and NCDMF 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 (910)
796-7436.
CC: Fritz Rohde, NCDWQ
Noelle Lutheran, NCDWQ
Howard Hall, USFWS