20110410 Ver 2_More Info Requested_20150730

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
July 30, 2015
DWR # 2011- 0410v2
New Hanover County
CERTIFIED MAIL: 7010 0290 0003 0834 4926
RETURN RECEIPT REQUESTED
Bailey And Associates
Mr. Chris Bailey
P.O. Box 400
Jacksonville NC 28541
Subject: REQUEST FOR ADDITIONAL INFORMATION
Grand View Community Marina
Dear Mr. Bailey,
On June 29, 2015, the Division of Water Resources (Division) received your application requesting
a 401 certification to expand and existing docking facility to accommodate up to 17 vessels,
mechanically dredge an approximate area of 6,700 square feet, construct additional access piers,
floating docks, finger piers, and mooring pilings. The Division has determined that your application
is incomplete and cannot be processed. The application is on -hold until all of the following
information is received:
The Northeast Interceptor (NEI) force main carries the full amount of sanitary sewage flow
from the Town of Wrightsville Beach to a sewer pump station owned by the Cape Fear Public
Utility Authority (CFPUA). The pump station transmits the sewage to the Southside
Wastewater Treatment Plant. In the area of the proposed project, the NEI is owned by the Town
of Wrightsville Beach and is the sole means by which sanitary sewage leaves the Town of
Wrightsville Beach. For much of the previous four decades, the condition and flow capacity of
the NEI has been a concern to all entities which contribute to it, own it, and maintain it and only
recently have these issues begun to be resolved.
This proposed expansion also includes dredging of an approximate area of 6,700 square feet of
shallow bottom by bucket -to -barge (mechanical excavation) method. Although the application
states that the applicant would maintain a 15 foot separation from the NEI, based upon the plan
sheets submitted with the CAMA Major Permit application, the project includes several areas of
dredging and expansion located within a few feet of the NEI sewer line. Since only 1 10 linear
feet of the NEI was located, we have no way of determining what impact the proposed project
would have beyond what is shown on the plans.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910 - 796 -7215\ Internet: www.ncdenr.gov
An Equal Opportunity's Affirmative Action Employer— Made in part by recycled paper

Grand View Community Marina
2011- 0410v2
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According to the CAMA Maj Dr Permit application, in some areas the sewer line lies only two
feet below the shallow bottom. The dredging includes some areas with proposed finished
depths that will be lower than the depth of the NEI itself. This creates the potential for exposure
of the line within the project area. Should anything occur to damage the NEI or render it
inoperable, the implications to the environment, to public health, and to the costs incurred by the
Town and the CFPUA could be disastrous. To this point, the Town of Wrightsville Beach and
the CFPUA have both objected to the project as proposed. Please address their comments and
concerns and provide a survey showing the complete location of the NEI. Also, include a
contingency plan describing what measures will be taken should anything happen to the
integrity or operation of the NEI during dredging or the proposed expansion of the existing
facility. Also include what measures will be taken should the need arise for periodic
maintenance of the NEI since it appears from the application that there will be fixed structures
(pilings and a gazebo) located within the easement. [15A NCAC 02H .0502(b)(3)]
2. As proposed, a portion of the (docking facility lies within the Department of Transportation
(DOT) right -of -way for the Wrightsville Beach Bridge. In addition, according to the
application, the dredging is proposed within the DOT right -of -way. The NCDOT has stated that
"no encumbrances will be allowed within" the right -of -way. Please address the concerns of the
DOT (see attached). [15A NCAC 02H .0502(c)]
3. According to a letter dated July 2, 2015, from Wessell & Raney, L.L.P. (representing the Town
of Wrightsville Beach), the "Town is adamantly opposed to issuance of a permit for this
proposed project ". This letter, also states that the "Town was granted an easement by the State
of North Carolina to `construct, install, improve, replace, inspect, repair, and maintain a sanitary
sewer pipeline' as depicted on the drawings attached to the easement." The Town also states
that the "locations of pier and dock structures within the Town's easement constitutes an
unreasonable interference with the Town's right to construct, maintain, and repair its sewer
line." The Town also believes that it has property rights for the location of where the proposed
structures are to be built.
Given the fact that there appears to be a dispute as to which party actually has property rights to
the area where the proposed dredging occurs and where structures will be constructed. Please
provide agent authorization or some other form of documentation showing that the Town has
given its consent to the proposed project. [15A NCAC 02H .0502]
Pursuant to Title 15A NCAC 02H .0502(e) the applicant shall furnish all of the above requested
information for the proper consideration of the application. If all of the requested information is not
received in writing within 30 calendar days of receipt of this letter, the Division will be unable to
approve the application and it wild be returned. The return of this project will necessitate
reapplication to the Division for - pproval, including a complete application package and the
appropriate fee.

Grand View Community Marina
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Please respond in writing within 30 calendar days of receipt of this letter by sending three (3) copies
of all of the above requested information to the 401 & Buffer Permitting Unit, 1650 Mail Service
Center, Raleigh, NC 27699 -1650.
Please contact Chad Coburn at 910.796.7379 or Chad. Coburn(a-;ncdenr.iTov or myself at
910.796.7386 or Jim.Gmason(ancdennaov if you have any questions or concerns.
Sincerely,
�L J
7 Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Cc:
Jennifer Burdette- DAN 401 and Buffer Permitting Unit
Doug Huggett - DCM Morehead City
Tyler Crumbley - USACE Wilmington
WiRO

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