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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 Print map Page 1 of 1 Print this page using the print function in your browser. fF.xpedia . UA Fr ricksbur .JAARYLAXD Featuring MapPolWe Bache Techn ology KY 0161 fieldQ . bal hok VIRG}Ni , Somerset ptB Virginia Beach U S STAT E T NESSEE (Chesapeake le ykiristban- . Greensboro ockY Mourrt -`Ash ? , ,?- •„ ?Ath X 7tii CiRROL y nGreern+ille % harlote _Kinston {;r?een Ale Sparta rg FaYettevdt NOlrthl Dp St, Hi ightsidle Beach, NC, 2WO 19 s{ ' Ore wood rerice' d4thehq ° a ?utyrtfa Beach a A t/ a rr t i c Macon beorgetown c -e a n ?Bobns '-..` Charleston GE A s Albany Hinesvlleo Sauannah n •s aMquitrie pValdosta "413rurvmok ... ?.YdCkstarnr'ilie f?2992?6crosoit Corp M 999 NauTech• GOT. Irc.,arrjk Compusearch e .. 81E.-W-edlaxony Don't just travel. Travel night: 0 2002 Microsoft Corporation and/or its suppliers. All rights reserved. 0 2000 Navigation Technologies. Ail rights reserved. 0 Copyright 2000 by AND Data B.V. All rights reserved. 0 Copyright 2000 by Compusearch Micromarketing Data and Systems Ltd. All rights reserved. 0 2000 Geographic Data Technology, Inc. All rights reserved. Expedia, Inc., not responsible for content on external Web sites. 02002 Expedia, Inc. All rights reserved. ECEIVE JUL 2 9 2002 DIVISION OF COASTAL MANAGEMENT http://www.expedia.com/pub/agent.dll?gscr=:mmpm 7/18/2002 F Nk, r x n 4 n 0 U) D < C- r ?U. D O Z z G) ,., O m7 rr; Town of Wrightsville Beach Northrop St stormdrainage Project - 2 Scale 1" = 40' (11x17) 07/17/2002 drawn by to - v l n o 0 Q CD <-+ N Q rp ? Q ? X ? n { ? o Z O 3 a c S ?D O Q r 0 = IE co s IKI o(-1 77 ---1 con o o ? Q - co s ru • o -*> CD -p C II o <+CO Ln s cf- ~' O to ? X 3 Q Q Q s co o n `< s c+ Q - 0 ro n > ct) 6= } '? lye G M v ?