20010093 Ver 1_More Info Letter_20020816

~ W q T~ Michael F. Easley, Governor
\O~~ RQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Vj ~. Gregory J. Thorpe, Ph.D.
j „~ Acting Director
~ .~ Division of Water Quality
August 16, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
New Hanover County Engineering Dept.
Mr. Wyatt Blanchard
414 Chestnut Street
Wilmington, NC 28401
SUBJECT: New Hanover County
Middle Sound Sewer Project
PROJECT # 010093
New Hanover County
Dear.Mr. Blanchard:
Thank you for your letters dated June 10, 2002 and August 6, 2002. Staff from the
Wilmington Regional Office and from the 401/ Wetlands Unit of the Division of Water Quality have
reviewed the subject project. Specifically, letters dated June 10, 2002 and August 6, 2002, the Pre-
Construction Notification application, and a review of the Middle Sound Regional Wastewater
Facilities Improvements Plans, dated Apri12002 and developed by Mckim and Creed, were reviewed.
In addition, a site visit of portions of the proposed sewer line was also conducted by the Regional
Office and 401/Wetlands Unit staff.
Accordingly, in the letter dated August 6, 2002, you requested a variance request for the 401
Certification. A State issued 401 Water Quality Certification is required for utility line impacts to
waters and wetlands. A General Certification (GC) is available, provided that you can met the
conditions as set forth in GC 3374. If you can not meet the General Certification conditions you
must secure written authorization from the Division of Water Quality. As such, a variance to a 401
Certification is not available. However, site specific conditions, unique to a given project, may be
considered during this review process and be alternatively addressed with specific written conditions.
With respect to condition number 16 of the General Certification, the requirement to install
anti-seepage collars, is a steadfast requirement. The purpose of anti-seepage devices are to stem
wetland drainage effects that may coincide with the installation of gravity sewer lines. However, a
possible alternative to the installation of such a device is to provide a wetland monitoring plan to
insure that wetlands are not remove from jurisdiction. In order for this approach to be approved the
wetland polygons, beyond the footprint of the proposed easement, will need to be determined. Also, a
hydrologic monitoring plan must be developed. This monitoring would need to be conducted prior to
sewer line construction and for 5 years subsequent to project completion.
General Certification condition number 16 aside, this office has serious concerns regarding
the proposal to locate the sewer line within the stream channel. A review of the Middle Sound
Regional Wastewater Facilities Improvements Plan (date April 2002 and developed by McKim and
Creed) indicates that over 300 feet of sewer line is proposed to be installed within 10 feet of the
stream bank (indicated on Plan page 60). Further, approximately 10001inear feet or more of the
gravity sewer line is proposed to be installed within the footprint of the stream (indicated on map
page 61). The subject stream is an unnamed tributary to Pages Creek, a Class SA High Quality
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Ex127 Cardinal Drive t., Wilmington, NC 28405-3845 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

Waters. The proposed installation of the sewer line within the stream footprint and to such proximity
to the stream bank, as indicated in Page 60 and 61, is unacceptable. It is requested, as' a part of the
401 Water Quality Certification review, that you provide alternatives to these approaches.
Therefore, as currently proposed, this office finds that there is insufficient evidence
present in our files to conclude that your project must be built as planned in waters and/or
wetlands in accordance with 15A NCAC 2H .0506. Your project will continue to remain on
hold as incomplete until we receive this additional information. Also, we are requesting (by
copy of this letter) that the U. S. Army Corps of Engineers place your project on
administrative hold.
Finally, in your August 6, 20021etter to the Wilmington Regional Office, you requested a
variance to the Minimum Design Standards for sewer lines. An Alternative Design Authorization,
may be issued by the Non-discharge Permitting Branch of the Division of Water Quality pursuant to
15A NCAC 2H 0219. In order for this review of your alternative design request to proceed, please
provide a written request that includes a clear account of the your project constraints, the
current/approved design plans and construction detail specifications for sewer line approved under
Non-discharge permit ??????? and any respective additional that you presently propose for
installation. This information should be mailed to the attention of Kim Colson and Marie Doklovic at
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Please respond to this letter in writing within 30 days by sending a copy of the information to
Danny Smith, Raleigh 401/Wetlands Unit. If we do not hear from you within 30 days of receipt of
this notice, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn. If you have any questions, please feel free to call Danny Smith at (919) 733-
9716.
Sincerely,
John Dorney
401/ Wetland Unit Supervisor
cc: Cyndi Karoly -Wetlands Group
Danny Smith -401/Wetlands Unit
Noelle Lutheran - WiRO
Angie Pennock - US Army Corps of Engineers
Dave Weaver -Assistant County Manager
Kim Colson -Non-discharge Branch