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The long-term Management Strategy Study is certainly appropriate vehicle to address these concerns and formulate a specific plan of action to remove these outfalls. However, we also must insist that there is a need to begin immediate action to address this long standing problem. Accordingly, we will agree to certify the harbor deepening project as consistent with the Coastal Zone Management Program if the Corps agrees to develop a relocation plan and specific strategy to relocate all outfalls from the Wright River within a reasonable time frame. This would eliminate the periodic impacts on the Wright River of dike failures, fishkills, and ditching, would not spread the contaminents found in the spoil from the Savannah River into the Wright River.

Regarding our position on the Shortnose Sturgeon and dredging windows: as you are aware in our letter of June 26, 1991, we referred you to Mr. Ed Duncan of the South Carolina Wildlife and Marine Resources Department. We are in receipt of Dr. James Timmerman's letter of August 28, 1991, to you. This issue appears to be resolved at the present time.

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We remain available to work with you or any members of your staff to resolve this matter. Mr. Robert Mikell continues to serve our staff coordinator for this project. Thank you for your cooperation.

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Sincerely,

#stoph

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H. Stephen Snyder
Director of Planning
and Certification

RDM:1137DSB

CC: Dr. H. Wayne Beam

Mr. Christopher L. Brooks
Mr. Ed Duncan

Mr. Chester Sans bury

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At the January 16, 1992, meeting of the Management Committee of the S. C. Coastal Council, the certification of the Savannah Harbor Deepening Project was discussed. It was the Committee's decision that the Council must have a firm commitment by the Corps of Engineers or the State of Georgia to relocate the spoil disposal area outfalls from the Wright River before the Council will certify the deepening project. As you know, the need to relocate these outfalls has been an issue of long standing disagreement between our agencies for years and one which the Council feels must be addressed before additional time passes As always, our staff remains available to discuss how the relocation plan can be accomplished in a manner which is both cost effective and expeditious.

As the matter presently stands, the deepening project has been found inconsistent by the Council. We see two options available. Pursuant to Section 15 C.F.R.930:110 secretarial mediation through the Secretary of Commerce may be utilized to resolve conflicting issues, or the Corps can reconsider the relocation possibilities and submit to the Council a commitment and schedule for relocation to occur. Because the Management Committee made the determination to find the project inconsistent, the issue must be brought back to them if a settlement is proposed.

Please contact me or Steve Snyder regarding any questions in this matter.

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Planning Division

January 28, 1992

Ms. Trudy Coxe, Director
Office of Ocean and Coastal
Resource Management

National Oceanic and Atmospheric Administration
U.S. Department of Commerce

1825 Connecticut Avenue, NW.

Room 706

Washington, D.C. 20235

Dear Ms. Coxe:

The Savannah District Corps of Engineers is currently conducting a Feasibility Study for the proposed deepening of Savannah Harbor, Chatham County, Georgia. The project consists of the deepening of the harbor by 4 feet from river mile 19.5 across the bar to deep water. The material to be dredged from the interior harbor would be placed in existing high ground disposal areas. The outfalls from five of these areas discharge into the Wright River, which is in the State of South Carolina.

As part of the study, an Environmental Impact Statement (EIS) was prepared containing a Federal Consistency Statement, which I used to determine that the project is consistent with the South Carolina Coastal Zone Management Program to the maximum extent practicable. The EIS was provided to the South Carolina Coastal Council for certification of the project.

The Council originally advised that the project could not be certified as consistent until several issues were resolved. After several meetings with the Council staff, all of these issues have been resolved except one. This issue concerns the relocation of the outfall structures which discharge into the Wright River. In subsequent meetings with the Council staff, we believed we had resolved the issue by committing to study the environmental impacts of the outfalls and possible means of relocating the weirs. We also offered to monitor annually metal concentrations in the sediments of the Wright River. However, during a meeting of the South Carolina Management Committee meeting on January 16, 1992, the committee denied certification of the project over the staff's recommendation (a copy is enclosed).

The issue of the need for weir relocation has persisted for several years without being resolved. Therefore, we believe that informal mediation by your office will be necessary in order to resolve this conflict in a timely fashion.

If you have any questions concerning this matter, please contact me.

Sincerely,

/s/ DONALD R. HOLZWARTH

Donald R. Holzwarth
Colonel, U.S. Army
District Engineer

Enclosure

Copies Furnished:

Mr. David McKinnie

Office of Ocean and Coastal
Resource Management

National Oceanic and Atmospheric Administration
U.S. Department of Commerce

1825 Connecticut Avenue, NW.

Room 721

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CESAS-PD-EI

FACT SHEET

28 Jan 92

SUBJECT:

Coastal Zone Management Consistency Certification

Savannah Harbor Deepening Project

PURPOSE: To establish a District position on the appropriate course of action to take in view of the recent denial of the subject certification.

1. Project Description. The District proposes to deepen the Savannah Harbor by 4 feet from Station 103+000 across the bar.

2.

Background. The District recently filed the Final EIS for the subject project with the EPA. Subsequently, a draft EA has been prepared addressing conditions which have changed since the filing of the EIS. As the EA indicates, on 26 Jun 91, the South Carolina Coastal Council (SCCC) advised that the project could be certified if several conditions were met. Through subsequent negotiations and meetings, the SCCC's position was revised by letter dated 30 Aug 91. This letter stated that the SCCC's concern is not with the disposal area, but with the outfall pipes. They stated that they have had a long-standing concern that metal and other pollutants have been accumulating in the Wright River adjacent to the outfall structures. To support their argument, they provided a study titled, "Assessment of Toxicity of Sediments From The Savannah River Estuary Using Microbial Bioassay." The SCCC closed the letter by stating that they agree to certify the project if the Corps agrees to develop a relocation plan and specific strategy to relocate all outfalls from the Wright River within a reasonable timeframe. Subsequently, Dr. Henry Tatem (Biologist) and Dr. Charles Lee (Soil Scientist) of the Corps' Waterways Experiment Station reviewed the Microtox Study results and all other information available on the quality of the weir effluent. They explained that the results of the Microtox tests and the sediment chemical analysis indicate that, of the three kinds of elutriates prepared, only one--the solvent elutriate-showed any toxicity. In fact, all of the sediment samples studied showed toxicity for the solvent elutriates. This finding included some sediments which were more than 50 percent sand. None of the deionized water or the acid elutriates were found to be toxic. If metal contamination was a problem, the acid elutriates should have revealed toxicity. The sediment chemical analysis showed the sediments contained some metals, but not at elevated concentrations. All sediments contain metals. The qualifications put on the study

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