20070059 Ver 1_WRC Comments_20070205

~= 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 5, 2006
RE: Riverside Land Holdings, LLC - Hawkeswater at the River, Brunswick Co.,
DWQ#20070059, §401/404 Application
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed
the subject application for impacts to wildlife and fishery resources. A site visit was conducted
on February 3, 2006. 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 west of River Rd. (NC 133), surrounding Belville Elementary School, in
Brunswick County. The property totals approximately 166.24 acres including approximately
42.52 acres of jurisdictional wetlands. Two un-named tributaries to the Cape Fear River transect
the property; one in the north and one in the south. Waters in these streams are classified C-
Swamp by the Division of Water Quality (NCDWQ). The Cape Fear River is classified as SC in
this area.
The applicants propose to impact approximately 0.16 acre of forested wetland and 0.15 acre and
146 linear ft of stream through filling/culverting to provide access and utilities to approximately
167 homesites. Mitigation is proposed through preservation of all remaining wetlands on-site.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Riverside Land Holdings - Hawkeswater 2 February 5, 2007
We have the following concerns/recommendations:
Two 1993 occurrences of the endangered shortnose sturgeon (Acipenser brevirostrum)
were found in the NC Natural Heritage Program database for the Brunswick River
immediately off site. Because of the potential impacts to this species, strict adherence to
sedimentation and erosion control BMPs is imperative for this project.
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 wetland impacts, we recommend that NC EEP buy-in be required
within the Cape Fear River watershed, preferably 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 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.
• We recommend that a 100 ft native forested buffer be created/maintained adjacent to
perennial streams located on the property.
• 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.
• Several retention/infiltration ponds are planned for the property adjacent to wetlands and
streams. We recommend that a minimum 50 ft undisturbed (forested) buffer is
maintained between any streams or wetlands and excavated ponds unless evidence is
presented demonstrating no hydrologic impact to the wetlands with a more narrow
undisturbed buffer.
We have no objection 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
Fritz Rohde, NCDMF