HomeMy WebLinkAbout20021507 Ver 1_COMPLETE FILE_20020918UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 2 ?I
?tED STgrFS REGION 4?,''„
Sam Nunn Atlanta Federal Center
S41 tp2 61 Forsyth Street, S.W.
q( PRO?EG 1 r . 1 ?
Atlanta, Georgia 30303 - 8960
Colonel Charles R. Alexander, Jr. '
District Engineer
ATTN: Mr. Henry Wicker DEC 0 5 2002
Regulatory Field Office
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402-1890
SUBJ: Town of Wrightsville Beach; Banks Channel Storm Water Outfall
Action ID No. 200201268
Dear Colonel Alexander:
This is in response to the above referenced public notice, dated November 21, 2002.
According to the public notice, the proposed project involves extending an existing storm water
outfall pipe an additional 73 feet into Banks Channel, in Wrightsville Beach, New Hanover
County, North Carolina. No compensatory mitigation is proposed.
The U.S. Environmental Protection Agency (EPA), Region 4, Wetlands Regulatory
Section has reviewed this proposal and has concerns that the extension of the outfall pipe will
continue to contribute to the degradation of the receiving waters. Banks Channel is classified as
Suitable for Commercial Shellfishing and All Other Tidal Saltwater Uses (Class SA), but is
closed to the harvesting of shellfish. Areas such as the one proposed for impact are extremely
important to North Carolina in terms of water quality improvement, flood abatement, commercial
and recreational fishing, primary recreational uses, and wildlife habitat and food chain
maintenance. We are particularly concerned that the continued discharge of untreated storm
water will further prevent Banks Channel from becoming open to shellfish harvesting, and may
also pose a health threat to those who may have primary contact with the waters. As you may
know, Clean Water Act (CWA) Sections 301 and 402, as well as Title 40 C.F.R. Part 122 dictate
that all wastewater, including storm water (see e.g., 40 C.F.R. § 122.26), must be treated prior to
discharging to a water of the U.S.
New Hanover County is a municipal separate storm sewer (MS4) operator subject to the
Phase II Storm Water Regulations under the National Pollutant Discharge Elimination System
(NPDES), and the county is required to apply for and receive an NPDES permit within the next
year or so. The objective of this program is to designate additional sources that need to be
regulated to protect water quality, and to establish a comprehensive storm water program to
regulate these sources. The MS4 permit will require at a minimum, that the municipality
develop, implement, and enforce a storm water management program designed to reduce the
discharge of pollutants from the MS4 to the maximum extent practicable, and to satisfy the
2
appropriate water quality requirements of the CWA, including implementation of Best
Management Practices (BMPs) and compliance with effluent limits. As the Wrightsville Beach
area will be subject to the storm water management program requirements, EPA recommends
that the town consider this opportunity to improve the storm water treatment infrastructure in this
general location, to manage the volume and flow of storm water to Banks Channel, and to treat
the storm water to a level that meets State water quality standards.
Thank you for the opportunity to comment on this project. If you have any questions
regarding these comments, please contact Kathy Matthews at the above address or by telephone
at (706) 355-8780.
Sincerely,
Ronald J. i lak, Chief
Wetlands egulatory Section
cc: USFWS, Raleigh
DWQ/NCDENR, Raleigh
DCM/NCDENR, Wilmington
NMFS, Pivers Island
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Town of Wrightsville Beach
Project Number 02 1507
Recvd From DCM
Received Date 9/18/02 Recvd By Region
Project Type extension of stormwater pipe
County New Hanover
County2
Region Wilmington
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet 1®: -
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
L
AMA F aters [5-T @) N F- 18-87-24-3 sA 30,624. 0.00 F r??
F__1 ®O Y O N F F_-F---F-- F__ F__ F__
?I s
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
-ation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
'egion: Latitude (ddmmss) Longitude (ddmmss)
not required for this promect. A site visited was conducted on September 17,
action to this project as proposed based on previous site meetings between
V/Oghtsville Beach.
0
ti
Page Number 1
Aml
Z-1 I i; WA
NCDENR f
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
September 13, 2002
MEMORANDUM
TO: Mr. John R. Dorney
Division of Water Quality ---? i
FROM: Doug Huggett 8 r_., l !
Major Permits Processing Coordinator WETLANDS GROUP
MTER. nit ; JTY SECTfCN
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Town of Wrightsville Beach
Project Location: Northrop Street
Proposed Project: Extension of Stormwater outlet pipe at the west end of Northrop Street, Wrightsville Beach
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
October 7, 2002. If you have any questions regarding the proposed project, please contact Ed Brooks at
910-395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are incorporated.
See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: 910-395-3900\Fax: 910-350-2004 \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Town of Wrightsville Beach
2. LOCATION OF PROJECT SITE: Stormwater outlet pipe at the west end of Northrop Street,
adjacent to Banks Channel, on Wrightsville Beach.
Photo Index -2000: 24-306: M,N-17 1995:24-286: R,S-5 1989:5-176-28: H,I-11
State Plane Coordinates - X: 2359409 . Y: 162152 Rover file: 0081319B
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/13/02
Was Applicant Present -Yes
5. PROCESSING PROCEDURE: Application Received - 8/28/02
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Wrightsville Beach
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW,PT
(C) Water Dependent: No
(D) Intended Use: Local Government
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - Bulkhead, access steps, stormwater outlet
Planned - 73 ft. stormwater pipe extension
(G) Estimated Annual Rate of Erosion: N/A
Source: N/A
7. HABITAT DESCRIPTION: [AREA]
TID1:;n _Un T7TT T I=% l1TTTT7T1
(A) Vegetated Wetlands - --- - - iii
(B) Non-Vegetated Wetlands
Open water 146 sqft.
(C) Other -
(D) Total Area Disturbed: 146 sqft.
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The Town is requesting to extend an existing stormwater outfall pipe an
additional 73 feet into the adjacent water body (Banks Channel).
Town of'v'i'rightsville Beach
Page 2
9. PROTECT DESCRIPTION
The project is located at the southern end of the Town of Wrightsville Beach, at the end of Northrop Street.
The unimproved street right-of-way (25 ft. wide) ends at the estuarine shoreline, adjacent to Banks Channel.
The shoreline is stabilized by ar, existing wooden bulkhead and there is an existing set of steps to provide
public access to the estuarine shoreline. There is an existing stonnwater pipe (18" dia.) outfall extending
through the bulkhead, approximately 15 feet to a concrete slash pad.
The Wrightsville Beach Land Use Plan classifies Banks Channel as Conservation, and the adjacent
highground in the project area as Developed. This part of Banks Channel is classified as SA, by the N.C.
Division of Water Quality. These waters are not designated as a Primary Nursery Area by the N.C. Division
of Marine Fisheries, and they are CLOSED to the harvest of shellfish.
The Town of Wrightsville Beach proposes to extend the stormwater pipe an additional 73 feet into Banks
Channel. The applicant states that the proposed pipe extension is in response to a nearby property owner's
request, who contends that the discharge from the existing pipe is contributing to the erosion of the shallow
bottom in front of his residence. The proposed pipe extension would consist of 18" diameter corrugated metal
pipe (CMP) and would include seven (7) pipe support cradles. Each support cradle would consist of 2
pilings, with cross-ties above and below the pipe. Since the outfall would be submerged during mid to high
tide, the pilings of the most waterward support cradle would be extended above the normal high tide
elevation and marked with reflectors.
10. ANTICIPATED IMPACT
The proposed stormwater pipe extension would incorporate approximately 146 square feet of shallow bottom
and open water area. The structure would hinder the estuarine access which the Town currently provides, as
well as, creating a safety hazard for swimming, boating and other recreational activities.
Submitted by: E.F. Brooks Date: 9/13/02 Office: Wilmington
Recommendations for State Permit - Town of Wrightsville Beach
The Town has not submitted any information or documentation of existing erosion problems at the site. In fact,
conditions on this site include a concrete splash pad under the existing pipe which would help control scour
during storm events. The proposed stormwater pipe extension would create an impedance and safety hazard to
recreational use of the estuarine shoreline and adjacent waters. I recommend denial of the permit request unless
the Town can provide additional information or data that would warrant extension of the existing stormwater
pipe in spite of the safety and access issues.
Z ,
?J w I!, IV i7
Form DCM-MP-1 _ J U L 2 9 2002 i i j
L
DIVISION OF
APPLICATION OASTAL MANAGEMENT
(To be completed by all applicants)
b. ?' ity. town. community or landmark
Wrightsville Beach
1. APPLICANT
a. Landowner:
c. 5treet addres or secondary road number
0 Northrop st
Name Town of Wrightsville Beach
Address
City IWrightsvilleBeach I State I"c I
Zip zsaso Day Phone 910-256-7935
Fax 910-256-7939
b. Authorized Agent:
Name Thomas Ames Asst Public Works Director
Address 200 Parmele blvd
City Iwngnisvsne tseacn I State
Zip IZts46u I Day Phone
Fax
c. Proiect name fif an
Northrop St stormdrain extension I
W= Pernsr Kill be lamed in nww of landowner{r), aNd/or
p vjecr raw.
2. LOCATION OF PROPOSED
PROJECT
a. County
d. Is proposed w -thin limits or planning
jurisdiction? xxxxxx Yes No
e. Name of body of water near es t r iect (e. g. river
creek, sound, bay) n/a
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
b. Is the proposed activity mai
project, new work, or both? Both
nte
c. Will ;he proieu he fbr public. iprivate or commercial
use? Public
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
Revised 03195
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
Lid JUL 2 9 2002
DIVISION OF
COASTAL MANAGEMENT
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the9 day of
Print Name zE
Signature
s
Iandb, Au.d.riZ Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
_ DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 0319S
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