Ver - More Info Letter - 2/11/2004

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
February 9, 2004
Registered Mail 7003 1010 0000 0032 2102
Return Receipt Requested
Mr. Jeff Earp
Funston Land &and Timber, LLC
1200 E. Morehead St.
Suite 240
Charlotte, NC 28204
Subject:
WETLANDS /401 GROUP
FEB 1 1 2004
WATER QUALITY SECTION
Funston Land & Timber, LLC
Mallory Creek Site
Hwy 133
Brunswick County
Dear Mr. Earp:
Danny Smith of the Wetlands/401 Unit of the Division of Water Quality, has reviewed the
information you provided (labeled "Evaluation of Proposed ditches on Jurisdictional Wetlands"
by Spangler Environmental, Inc. dated December 22, 2003). The information discussed the use
of DRAINMOD, provides a list of ditch distances, ditch depths and list of whether these ditches
would have a negative effect on wetlands.
After the review of the information provided, there is insufficient supporting documentation
to properly review the DRAINMOD information in detail. However, if the variables in the
model were appropriately applied and the assumptions of the model are properly considered for
the site constraints, the products of this model can provide an excellent tool. In the December
22, 2003 letter, your consultant clearly pointed out areas of concern. It is recommended that you
revisit the placement of the ditches in those areas. Also, it is recommended that you discuss with
your consultant and revisit the placement and ditch size of the remaining segments that may be of
concern. That is, you should consider whether there are other on site wetland draining concerns
(beyond those listed in the December 22, 2003 letter) and carefully consider whether the model
assumptions were properly applied (This is recommend in order to ensure that you avoid an
inadvertent wetland standard violation 15A NCAC 2B .0231).
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] "f? '+
Page Two
Mr. Earp
February 9, 2004
DRAINMOD discussion aside, please note 15A NCAC 2H .1000 does not allow
ditched or piped outlets to waters for low-density project within the 20 coastal counties.
Please be advised that as you develop your subdivision, a Costal Stormwater Permit will
be required, a sedimentation and erosion control plan will be required, and the ditches as
proposed will not be allowed to convey stormwater directly to surface waters. In
addition, it is unclear to staff whether your project will have access to a sewer collection
system or if subsurface wastewater treatment (septic field) will be used. If you are
proposing to use septic fields, DWQ staff has concerns whether they will properly
function if the ditches are unable to remain at the proposed depths. As such, by copy of
this letter, DWQ staff is providing notification to you and to Brusnwick County of this
concern.
Thank you for your attention to these matters. If you have any questions or wish to
discuss these matters further, please do not hesitate to contact Danny Smith at (919) 733-
1786 or Noelle Lutheran at [phone].
Sincerely
c. -
Rick Shiver
Regional Water Quality Supervisor
cc: Brunswick County Health Department
Division of Land Resources -WiRO
Wetlands/401 Unit - Danny Smith
USACE Wilmington Field Office - Tom Farrell
Jeff Malpis, P.E.
Spangler Environmental, Inc. 3961-B Market Street, Wilmington NC 28403
DWQ- WIRO- Noelle Lutheran