[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Notices]
[Pages 18548-18549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7902]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9289-5]
North Carolina Waters Along the Entire Length of Brunswick and
Pender Counties and the Lower Portion of the Cape Fear River in
Brunswick and New Hanover Counties; No Discharge Zone Determination
On June 21, 2010, the Environmental Protection Agency (EPA), Region
4, published a proposal in concurrence with the North Carolina
Department of Environment and Natural Resources (DENR), Division of
Water Quality (DWQ), that adequate and reasonably available pumpout
facilities exist for the designation of Brunswick and Pender Counties
Coastal Waters and a portion of the Cape Fear River, as a No Discharge
Zone (NDZ). Specifically, these waters include all the tidal salt
waters extending 3 nautical miles (nm) into the Atlantic Ocean along
the entire length of Brunswick and Pender Counties, and the saline
waters of the Cape Fear River in Brunswick and New Hanover Counties.
The other saline waters of New Hanover County have already been
designated as a NDZ.
The originally proposed geographic description including latitudes
and longitudes were as follows:
Northern Border of Pender County with Onslow County (34[deg]
27'23.9'' N 77[deg] 32.4'.859'' W), southwest along the mainland coast,
to include all named and unnamed creeks, the Atlantic Intracoastal
Waterway, Cape Fear River (up to Toomers Creek 34[deg] 15'36.61'' N
77[deg] 58'56.03'' W), Brunswick River, and Northeast Cape Fear River
(up to Ness Creek 34[deg] 17'7.10'' N 77[deg] 57'17.70'' W), to the
intersection of the Western tip of Brunswick County and South Carolina,
3 nm into the Atlantic Ocean (33[deg] 48'32.903'' N 78[deg] 30'33.675''
W) to include all the U.S. Territorial Sea extending 3 nm from South
Carolina to a point 3 nm into the Atlantic Ocean (34[deg] 24'30.972'' N
78[deg] 28'18.903'' W) to the Pender/Onslow County Line.
Three comment letters opposing this designation were received.
These letters were from Cruise Lines International Association, Moran
of Wilmington (Division of Moran Towing Corporation), and McAllister
Towing and Transportation Company. The reason for the opposition is
that there are not adequate and reasonably available pumpout facilities
available for these commercial vessels which have deeper drafts than
most recreational vessels. These are valid concerns. The State explored
the comments and options, and confirmed that pumpout facilities are not
available in the upper Cape Fear River specifically for the tugboats
that operate in those waters and hereby amend the proposal to remove
the Cape Fear River, above the waterway known as Snow's Cut, from the
NDZ area. The lower Cape Fear River is still proposed for NDZ. The
inland limit of the NDZ in the Cape Fear River will be the waterway
known as Snow's Cut (A line drawn across the Cape Fear River at Snows
Cut on the Cape Fear River at Snows Cut on the Cape Fear River from
34[deg]3'5.8962'' N; 77[deg]55'4.8966'' W to 34[deg]3'4.5216'' N
77[deg]56'37.086'' W).
This petition was filed pursuant to the Clean Water Act, Section
312(f)(3), Public Law 92-500 as amended by Public Law 95-217 and Public
Law 100-4. A NDZ is defined as a body of water in which the discharge
of vessel sewage, both treated and untreated, is prohibited. Section
312(f)(3) states: After the effective date of the initial standards and
regulations promulgated under this section, if any State determines
that the protection and
[[Page 18549]]
enhancement of the quality of some or all of the waters within such
States require greater environmental protection, such State may
completely prohibit the discharge from all vessels of any sewage,
whether treated or not, into such waters, except that no such
prohibition shall apply until the Administrator determines that
adequate facilities for the safe and sanitary removal and treatment of
sewage from all vessels are reasonably available for such water to
which such prohibition would apply.
According to DENR DWQ the following facilities are located in
Brunswick, Pender, and New Hanover Counties for pumping out vessel
holding tanks:
Marinas Within the Proposed NDZ
(1) St James Plantation Marina, 910-253-0463, 8 a.m.-5 p.m. M-F, 7'
draft at mean low tide.
(2) South Harbor Village Marina, 910-454-7486, 7 a.m.-7 p.m.
Summers, varies off season, 10'15' draft at mean low tide.
(3) Southport Marina Inc., 910-457-9900, Sunrise to Sunset, 6'
draft at mean low tide.
(4) Bald Head Island Marina, 910-457-7380, 9 a.m.-5 p.m. M-F 9
a.m.-6 p.m. Saturday 8 a.m.-6 p.m. Sunday, 8' draft at mean low tide.
(5) Mona Black Marina, 910-458-0575, Flexible--open year round, 4'
draft at mean low tide.
(6) Waterfront Village & Yacht Club, 910-458-7400, Call ahead, 5.5'
draft at mean low tide.
(7) Carolina Beach State Park, 910-458-7770, May-August 8 a.m.-5
p.m. March, April, September, October 8 a.m.-7 p.m., 8' draft at mean
low tide.
(8) Joyner Marina, 910-458-5053, Winter and Weekdays 8 a.m.-5 p.m.
Summer and Weekends 7 a.m.-7 p.m., 5.5' draft at mean low tide.
(9) Wrightsville Beach Marina/Trans Dock, 910-256-6666, 8 a.m.-7:30
p.m. Monday-Friday, 13'-18' draft at mean low tide.
(10) Seapath Yacht Club, 910-256-3747, 7 a.m.-7 p.m., 10'-12' draft
at mean low tide.
(11) Harbour Village Marina, 910-270-2994, 7 a.m.-4 p.m., 10' draft
at mean low tide.
(12) Beach House Marina, 910-328-2628, 8 a.m.-6 p.m., 7.5' draft at
mean low tide.
Marinas Outside of the Proposed NDZ, but Within 5 nm
(1) Coquina Harbor Marina, 843-249-5376, 8 a.m.-6 p.m., 9'-13'
draft at mean low tide.
(2) Cricket Cove Marina, 843-249-7169, 8 a.m.-Sunset, 9' draft at
mean low tide.
(3) Anchor Marina, 843-249-7899, 8 a.m.-5 p.m., 5' draft at mean
low tide.
(4) Doc Holidays Marina, 843-280-6354, 8 a.m.-6 or 8 p.m. depending
on season, 8' draft at mean low tide.
Marinas Outside of the Proposed NDZ, but Within 7 nm
(1) Watermark Marina of Wilmington, 910-794-5259, 10 a.m.-6 p.m.
Monday-Saturday, 7' draft at mean low tide.
(2) Wilmington Marine Center, 910-395-5055, 8 a.m.-5 p.m. Seasonal,
7' draft at mean low tide.
Marinas Outside of the Proposed NDZ, but Within 12 nm
(1) Cape Fear Marina, 910-772-9277, 8 a.m.-5 p.m. Monday-Friday
Weekends by appointment only, 8' draft at mean low tide.
The total vessel population for these three counties (2009 data) is
28,400. This number reflects active vessel registrations and was
obtained from the North Carolina Wildlife Resources Commission
(inactive registrations were not included in these figures). It is
recognized that only a small percent of the vessels in the coastal
waters of Brunswick and Pender Counties are equipped with a Marine
Sanitation Device (MSD). To estimate the number of MSDs in use,
percentages obtained from EPA Region 2 were applied and are as follows:
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Boat Length < 16'......................... 8.3% with MSDs.
Boat Length 16'-25'....................... 10.6% with MSDs.
Boat Length 26'-40'....................... 78.5% with MSDs.
Boat Length > 40'......................... 82.6% with MSDs.
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In applying these percentages an estimated 3,888 MSDs are in use by
registered boats within the proposed NDZ.
According to the New Hanover County NDZ Application submitted to
EPA, the number of transient boats serviced by marinas in New Hanover
County was calculated to be approximately 180 per month. Assuming
similar numbers of transient boats for Brunswick and Pender Counties,
the total number of transient boats for Brunswick, Pender, and New
Hanover Counties would be 540. Using the figures for both county and
transient boats, the total number of MSDs in these waters is estimated
to be 4,428. There are 12 marinas within this area, and this yields a
ratio of about 369 boats per pumpout facility. This figure does not
include the 4 marinas that are located within 5 nm of this proposed NDZ
area.
All vessel pumpout facilities that are described either discharge
into State approved waste treatment systems, or the waste is collected
into a large holding tank for transport to a sewage treatment plant.
Thus all vessel sewage will be treated to meet existing standards for
secondary treatment.
Based on the examination of this petition, its supporting
documentation, and public response, EPA concurs with the State of North
Carolina's determination that adequate and reasonably available
facilities for the safe and sanitary removal and treatment of sewage
from all vessels are present in the described area going from the South
Carolina/North Carolina State line to the northern boundary of the
Pender County line in North Carolina, with the inland limit of the NDZ
in the Cape Fear River being the waterway known as Snow's Cut (Snow's
Cut entrance to Cape Fear River located from 34[deg]3'5.8962'' N;
77[deg]55'4.8966'' W to 34[deg]3'4.5216'' N 77[deg]56'37.086'' W), and
3 nm out into the Atlantic Ocean, and therefore this area is designated
as a NDZ.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011-7902 Filed 4-1-11; 8:45 am]
BILLING CODE 6560-50-P