1992-01-06 Water & Sewer29
MINUTES OF REGULAR MEETING, JANUARY 6, 1992
ASSEMBLY
The District commissioners of the New Hanover County Water &
Sewer District met in Regular Session on Monday, January 6, 1992,
at 6: 41 P. M. in the Assembly Room of the New Hanover County
Courthouse, 24 North Third Street, Wilmington, North Carolina.
Members present were: District Commissioners E. L. Mathews,
Jr.; Fred Retchin; William H. sutton; Vice-Chairman Robert G.
Greer; Chairman Jonathan Barfield, Sr.; County Manager, Allen
O'Neal; County Attorney, Robert W. Pope; and Clerk to the District
Board, Lucie F. Harrell.
Chairman Barfield called the meeting to order.
NON-AGENDA ITEMS
Chairmari Barfield asked
would like to present an item
if anyone from the general public
not listed on the regular agenda.
No items 'were presented.
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DISCUSSION OF RECENT CLOSURE OF HOWE'S CREEK TO SHELLFISHING
Assistant County Manager, Dave Weaver, stated on December 6,
1991, the N. C. Division of Shellfish Sanitation closed Howe's
Creek to shellfish harvesting based on three years of water quality
samples that disclosed an unacceptable incidence of fecal coliform
bacteria in the creek. It is not anticipated that the creek will
be reopened soon on a temporary basis, and in order to reopen the
creek on a permanent basis, a full year of water sampling must be
statistically acceptable showing that the pollution problem has
been corrected. The pollution could be coming from the following
sources: (1) urban stormwater runoff from paved areas, roads, and
parking lots; (2) malfunctioning septic tanks; (3) livestock
operations; (4) agr icul tural runoffs; (5) package treatment
systems; and (6) discharges from boats. The major source of
pollution in Howe's Creek will be difficult to identify, and when
identified, it will probably require a complex long term effort to
correct the source of pollution. It is important to note that
Howe's Creek has been classified as an "Outstanding Resource Water"
by the state Division of Environmental Management; therefore, the
State has assigned the highest levels of regulations regarding
stormwater runoff and package treatment plants. Also, the County
has assigned the Conservation Overlay District to this area with
stringent setbacks and stormwater runoff regulations. With the
State and County regulations in place, this area probably has the
highest level of regulations along the coast of North Carolina.
The following Staff recommendations
reducing the pollution in Howe's Creek:
,
presented
for
were
1. Assign a high priority to the extension of the County
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MINUTES OF REGULAR MEETING, JANUARY 6, 1992
Sewer System into the
would eliminate any
septic systems.
watershed around Howe's Creek. This effort
pollution originating from malfunctioning-
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2. Thoroughly examine developments that have occurred ,in' the
last several years along Howe's Creek to ensure that they are in
compliance with County regulations. The County should assist the
Division of Environmental Management in their study and investigate
any potential sources of stormwater runoff pollution.
3. Assign a high priority to the Howe's Creek watershed
becoming the next area in the County for a community plan. The
County Planning Department could perform a study upon completion of
the Hewlett's Creek study.
Assistant County Manager, Dave Weaver, stated a representative
from the N. C. Division of Shellfish Sanitation and the Regional
Engineer for the Division of Environmental Management will present
a status report on the condition of Howe's Creek at the regular
meeting of the County Commissioners on February 6, 1992. "
commissioner Sutton emphasized the importance of obtaining a
realistic goal from State representatives as to when the pollution
can be corrected and reopened to shellfishing.
Chairman Barfield asked if anyone from the general public
would like to comment. The following remarks were received:-
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, Mr. Dominique Luchart, a property owner on Howe's Creek,
commented on the fecal coliform bacteria and stated this type of
contamination comes from warm blooded animals, whether human or
animali-therefore, the State or County should be able to pin point
the source without too much diff icul ty. He also commented on
developed areas with existing sewer systems and stated he does not
fe~l these systems are the problem.
Mr. Conrad Loman, representing the Northeast New Hanover
Conservatory, stated the closing of Howe's Creek was most
disturbing, particularly with this creek classified as an
Outstanding Resource Water. with the closing of all creeks in the
County to shellfishing, it is time to address the pol)ution
probiem. He stated UNC-W and the Conservatory are jointly studying
the pollution problems with Futch Creek, and perhaps the county
would like to utilize the expertise at UNC-W, officials with the
local Department of Environmental Management, and citizens at-large
to'form a committee to address all areas of the County.
Dr. Robert Parr, a resident of Middle Sound, expressed
appreciation to the County Commissioner~, the New Hanover County
planning Department, and Planning Commission for an qutstanding
record-in upholding regUlations for the protection of Howe's Creek.
He commented on the urgency for correction of the pollution problem
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MINUTES OF REGULAR MEETING, JANUARY 6, 1992
and requested the Board to take the following action:
1. Call for an immediate moratorium on creekside
construction. Present county laws regarding setbacks and
erosion control are being violated. Inspectors need to be
notified and builders should be placed on notice that
violations or "oversights" will not be tolerated. Fines need
to be increased and building permits withheld to force
compliance. The County is responsible for monitoring and
enforcement of regulations; however, private citizens have
been the enforcement agency due to lax monitoring and
oversights by County officials. within the last year, two
homes have been constructed which violate setback regulations,
and six homes have been constructed without erosion controls.
A house is now being constructed at Timber Creek which has no
silt fence in place. When reporting these violations to
County officials, the response is that CAMA fines will be
imposed. These activities are common place and recurrent.
The regulations have been in effect for 2-3 years with
enforcement extremely lax. As far as setbacks, we were told
by one County officials that the setbacks were in compliance;
however, when measuring, we found a 25 ft. variance.
2. The County Commissioners should send a letter to the N. C.
Department of Environmental Management requesting a review of
the recent administrative action by this department with
redef ining outstanding Resource Water boundaries in Howe's
Creek. This action was taken without public input and has far
ranging impact on watershed protection. If Outstanding
Resource Water boundaries are changed, this should be done
only after receiving local governmental opinion and public
input.
3. The County Commissioners should publicly reaffirm their
support for watershed protection of Howe's Creek.
4. Sources of fecal coliform contamination should be
identified and corrected. County, State and public support is
needed. UNC-W scientists are experts and should be utilized.
Individual septic tanks, stormwater sewers, and package
treatment plants at creekside developments need to be
i!1spected.
5. Howe's Creek is one of many creeks in New Hanover County
in dire need of protection. These waters are our most
precious resource and have defined our past and will ensure
our future.
Mrs. Robert H. Tate, representing the Hewlett's' 'Creek
Watershed Association, expressed concern for the pollution of all'
creeks and stressed the importance of properly enforcing
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MINUTES OF REGULAR MEETING, JANUARY 6, 1992
regulations to protect these waters.
Discussion was held on enforcement of existing state and
County regulations. Planning Director Hayes stated enforcement can
be improved upon by both the state and County.
Commissioner Sutton inquired as to how the County can better
enforce these regulations? Assistant County Manager, Dave Weaver,
stated the County will be reviewing existing developments to be
sure that stormwater systems have been properly designed and are
being properly maintained. Some systems rely on detention ponds,
and if these ponds are not cleaned out on a regular basis, the
ponds will not function. The developer and/or property owner is
responsible for maintenance of detention ponds. The county and
State are responsible for enforcement of regulations; however, in
order for the County to monitor retention structures, additional
personnel will be required.
Discussion was held on forming a task force to work with
scientists from UNC-W to perform a study that will identify the
sources of pollution and prepare recommendations for correcting the
problems.
Chairman Barfield emphasized the importance of allowing time
for the State Department of Environmental Management to perform the
study on Howe's Creek with proper water testing to identify the
source before starting procedures for correction of a problem ,that
has not been properly identified. He also stressed the importance
of informing the public that the State is the agency responsible
for water quality testing, not the County.
District.Commissioner Sutton recommended immediate action and
enforcement of County regulations with fines imposed in order to
protect our groundwater.
Motion: After further discussion, District Commissioner Sutton
MOVED, SECONDED by District Commissioner Retchin to go on record
stating that New Hanover County will use every means at its
disposal to reduce as much as possible the pollution in all creeks.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
REQUEST'FOR EXEMP~ION FROM SEWER CONSTRUCTION REQUIREMENTS IN A
SUBDIVISION
county Engineer, wyatt Blanchard, stated Mrs. Mary Freeman
Ford has requested exemption from sewer construction requirements
for a proposed three lot minor subdivision off of Carolina Beach
Road just north of Snows Cut. . He stated due to the time frame for
establishing a 'policy to deal with situations of this type, he
would recommend approval of the exemption with a deed restriction
requiring lots 2 and 3 to connect to the sewe.r.. system when
available. ~
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MINUTES OF REGULAR MEETING, JANUARY 6, 1992
Chairman Barfield commented on denying a similar request at
the last meeting due to preparation of a policy to address problems
of this type and recommended waiting until a policy is developed
and adopted in February before granting the exemption.
Assistant County Manager Dave Weaver stated a policy will be
presented to the District Board at the first meeting in February.
Attorney William Hill, representing Robert H. Goslee &
Associates and the property owners, stated the original request for
the exemption has been pending since November. In order to provide
a lot for Mr. Robert Freeman to construct a home, Mr. Goslee
surveyed the land and recommended dividing the tract into three
lots, 221 ft. wide, 800 ft. deep with an access road. Only one lot
will be used, and the property owners are willing to comply to the
deed restrictions for connection of lots 2 and 3 to the sewer
system upon availability. He stated construction of the dry sewer
will cost $14,000; therefore, he respectfully requests approval of
the sewer exemption.
Vice-Chairman Greer stated since this request has been pending
since November, he feels a decision should be made in order to
accommodate the property owners.
Motion: Vice-Chairman Greer MOVED, SECONDED by District
Commissioner Retchin to grant the variance to the sewer dry line
construction with a restriction in the deed to require lots 2 and
3 to connect to the sewer system when it becomes available. The'
floor was opened for discussion.
Chairman Barfield reiterated the importance of treating each
request fairly and recommended postponing this item until after the
first meeting in February.
District Commissioner Retchin withdrew his SECOND TO THE
MOTION.
Motion: After discussion of being consistent to all persons
requesting sewer exemptions of this type, District Commissioner
Retchin MOVED, SECONDED by District Commissioner Mathews to delay
action on this request until a policy has been adopted by the
District Board. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: District commissioner Mathews
District commissioner Retchin
District commissioner Sutton
Chairman Barfield
Voting Nay: Vice-Chairman Greer
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MINUTES OF REGULAR MEETING, JANUARY 6, 1992
ADJOURNMENT
Motion: District Commissioner Retchin MOVED, SECONDED by District
Commissioner Mathews to adjourn. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Barfield adjourned the meeting at 8:09 P.M.
~e ectfully :'fmitted."
.y//~
L 'e F. Harrell _
Clerk to the District Board
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