20011729 Ver 1_Public Notice_20011228

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 200220234
December 28, 2001 /
PUBLIC NOTICE
MR. JOEL BROWER, TOWN OF SILER CITY, POST OFFICE BOX 769, SILER CITY,
NORTH CAROLINA 27344-0769 HAS REQUESTED A DEPARTMENT OF THE ARMY
(DA) PERMIT TO AUTHORIZE THE DISCHARGE OF FILL INTO THE JURISDICTIONAL
WATERS OF ROCKY RIVER ASSOCIATED WITH THE PROPOSED CONSTRUCTION /
EXPANSION OF THE EXISTING ROCKY RIVER LOWER RESERVOIR LOCATED OFF
OF PINEY GROVE CHURCH ROAD (SR 1362), NORTH OF THE TOWN OF SILER CITY,
CHATHAM COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provided by the applicant and
from observations made during a site visit by a representative of the Corps of Engineers. The
proposed projectconsists of the construction of a new dam on the Rocky River to -expand the i
existing 24.1 acre Rocky River Low. erReservoir:`l The new dam would be a roller compacted
structure made from approximately 750,000 cubic yards of concrete located approximately 105
feet downstream of the existing Lower Reservoir dam. iThe surface; area footprint of the nevi
dam;would impact approximately 0.14 acre of the jurisdictional waters of the Rocky Rivet, _ The i
,expanded Lower Reservoir would impound 162.5 acres (including the existing 24.1 acres) andf,
the proj ect would include an additional 117.3 acres for a 100-foot-wide buffer around the r
;: reservoir. The drainage area above the proposed dam site, including an existing Upper Reservoir
drainage area, is approximately 53.8 square miles (sq. mi.). In order to increase the draft rate of
the Lower Reservoir to 6.0 MGD (an increase of 2.0 MGD), the normal water level would need
to be raised 12.3 feet above the spillway crest of the existing dam. The elevation of the proposed
pool would be 540.3 feet above MSL and would impound approximately 1,102 acre-feet of
water. Plans submitted with the permit request show ?W to4he jtm§dictionalFwators of they
Rocky River that include inundation of.the existing 24.1 acres/ 11;944 linear foot pool; loss of
10:7 acres of forested wetlands, inundation of approximately 12,990 linear feet (approximately
X5:72 acres) of perennial stream,channel, inundation of approximately. 1,926 linear feet t
(approximately 0.41 acre) of intermittent stream-channel, and fill of approximately 0.14 acre of rj
the open;waters.of Rocky River included in the new dam construction.4,The total., *includes
mnpacts to.24.24; acres (11; 944. linear feet) of open waters (including 0.14• acre of fill), 10.7 acres . i
of forested wetlands, and 14;946 linear feet (6.13 acres) of stream channg4. The project property
and the surrounding watershed consist of agricultural land, forest, and rural development. . The
site consists of open farm fields and pasture with wooded stream bottom / drainage-ways. Past
poor farming practices and cattle having open access to stream channels have severally degraded
040 2
the stream channels and wetlands within the proposed project property. Lacys Creek and Mud
Lick Creek drain into the Rocky River within the project area. Several unnamed tributaries
located on the east and west side slopes of the project site provide direct discharge of surface
runoff into the proposed Lower Reservoir. Several of the drainages have ponds in their upper
reaches.
The project's purpose and need is to develop a safe and dependable water supply for the
Town of Siler City that will satisfy the projected water demand for a planning period of
approximately 20 years. In the recent past, the Town of Siler City has experienced water
shortages and based on projected growth and increases in water demand, water shortages are
predicted to increase in frequency and severity in the future. The assurance of an adequate water
supply is essential to serve the existing population and industries and for continued economic
growth. The Town of Siler City seeks to establish a water supply to provide an additional 2.0
MGD to meet its projected needs through 2020.
The applicant included a proposed compensatory mitigation plan with the permit request.
Adverse, irretrieyabl impacts to terrestrial, forested wildlife habitat will be mitigated by
u a.
restoring idtive?iar wood forest on 37.2-acres of cropland and pasture within the proposed
reservoir. 100-f6ot buffet The entire buffer (117.3 acres) will be preserved and protected
perpetually. from development and logging.=`Adverse, irretrievable impacts to 10.7 acres of
forested wetlands will be mitigated by acquisition and forested wetland restoration of 18.5 acres
of`pn-or-converted wetlands within the Rocky River Basin.( Nip, mitigation is "proposed for '
adverse, irretrievable impacts to non-forested wetlands such as the243 acres- of existing pool
and prior-converted wetlands within the proposed pool areas Adverse, irretrievable stream
channel impacts (i.e. inundation) to 12,990 linear feet of perennial stream channels and 1,926
linear feet of intermittent stream channels will be mitigated by acquisition of streamside buffers
(minimum of 100 feet wide) along 10,000 feet of the Rocky River. Protection will be by fee
simple acquisition or purchase of Conservation Easements. Efforts will be focused on the Rocky
River between the proposed new Lower Reservoir dam and U.S. Highway 64, within designated
critical habitat for the Cape Fear Shiner between NC Highway 902 and the Rocky River's
confluence, and in Mud Lick Creek above the proposed Lower Reservoir pool. No mitigation is
proposed for the 4,208 linear feet of ephemeral stream channels (not jurisdictional waters of the
United States) that will be flooded.
Plans showing the work are included with this public notice. A copy of this public notice
can be viewed on our web page at http://www.saw.usace.army.mil.
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit
will be issued until the coordinated State viewpoint on the proposal has been received and
reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of
Water Quality (NCDWQ) has determined the applicability of a Water Quality Certificate as
required by PL 92-500.
2
=3 S loft
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register
of Historic Places for the presence or absence of registered properties, or properties listed as
being eligible for inclusion therein, and this site is not registered property or property listed as
being eligible for inclusion in the Register. Consultation of the National Register constitutes the
extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of
the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or
historical data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished by the applicant
and onsite observation, that the activity will not affect species, or their critical habitat, designated
as endangered or threatened pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts, which the proposed activity may have on the
public interest, requires a careful weighing of all those factors, which become relevant in each
particular case. The benefits, which reasonably may be expected to accrue from the proposal,
must be balanced against its reasonably foreseeable detriments. The decision whether to
authorize a proposal, and if so the conditions under which it will be allowed to occur, are
therefore determined by the outcome of the general balancing process. That decision should
reflect the national concern for both protection and utilization of important resources. All
factors, which may be relevant to the proposal, must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values
(in accordance with Executive Order 11988), land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in general, the needs and
welfare of the people. For activities involving the placement of dredged or fill materials in
waters of the United States, a permit will be denied if the discharge that would be authorized by
such permit would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a
permit will be granted unless the District Engineer determines that it would be contrary to the
public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on endangered species, historic
3
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not
be made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act. The NCDEM considers
whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of the Army (DA)
permit serves as application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the North Carolina Division of Water Quality (NCDWQ), Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person
requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
(NCDWQ), Wetland/401 Unit, 1621 Mail Service Center, Raleigh, North Carolina 27699-1621, on
or before January 22, 2002, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. John Thomas, until 4:15 p.m., January 28, 2002, or telephone (919)
876-8441, Extension 25.
4
ROCKY RIVE
UPPER RESER IR
PROJEC
~- SITE
ROC RI R
LOWER RES VOIR
US 421
Business
TOWN OF
ILER CITY
US 64
Proposed Rocky River Lower Reservoir Expansion
Town of Siler City, Chatham County, North Carolina /p
Joel Brower (Town Manager)
Vicinity Map, Enclosure 1
ROCKY RIVER
UPPER RESERVOIR
Wen C
D 6t0..
Rd. (SR1
o
e3
i?
r1.. '
? o
Rd SRI 12
b, PROPOSED ROCKY RIVER
LOWER RESERVOIR
Clapp Lake
0
i

as?a r
sy
Ea a`

LEGEND
F-1 Parcels EXISTING DAM'
i? Existing Hydro
Proposed Lower PROPOSED DAM
Reservoir Flood Elev. 540.30 _
Property Affected
t
MY Buffer li

Proposed Lower Rocky River Rocky River Lower Reservoir Expansion Study
for the ^
J

Reservoir Expansion
Town of Siler City, Chatham County U
oC
Town Of Siler Cily Prepared By,
Joel Brower (Town Manager) Hobbs, Upchurch and Associates, P.A. 1000 0 1000 Feet
Plan View, Enclosure 2 )EWELL Engineering Consultants, P.C. ------
Enclosure 3
a +0 3'r4`??
lr 1 J
-Rki
7 + d .? !' 1 +''. it ,
«? , s Overman Rd. ( i.. 5)?? ' - -
Z ,-Ed"Clapp
VA,
/ e y "max r/ j r (((
A(i
if l p r Z +` am
Proposed Rocky River Lower Reservoir Expansion
Town of Siler City, Chatham County, North Carolina
Joel Brower (Town Manager)
Topographic Map, Enclosure 3
3 of S
a?
0
U
W
C L ,
t
r
O p ? ?
? ?i ?? !1 ? '- .?. - . ?- )?•-' max.., ` fl? ? i`- k5 . ry
W ?.I 11 r _ '7.
C;3 Ln
?ccCI O - til ° y s...rs eat I.'
>U opl,
F+?1 {?) r? •d 2`F` ...:?i rr C-` L ..I Qj P Ir dir
I E?q ? ,,.^I k? ? 76-0 '?•r ?? R ^? - Eft ?-t \? ' c. ` t _/ ?-/ -»y
i gl C? L? r.. _.. i r _
Nil
I
)Qj
1 kl i , .:. ?).'`-%OY?C? r '?? _. ? y / ? y ? _ _? g ? .. f •a ? d • lr.. #? ..
, .71
r Q r,' ,
`/or 9
Enclosure _`
Ko
?ivvr
Proposed Rocky River Lower Reservoir Expansion
Town of Siler City, Chatham County, North Carolina
Joel Brower (Town Manager)
Aerial Photo of Project Site, Enclosure 5
CkAmr+ Davy) Loca? -?
5 0'
O
t

X
7

x
4
D
G
O

4 w a>
WV
? U

? U vim
,

0
a?
o
a?
w
?o
a?
off
w
'a "T
J
X
f

I
A
U'r 0
x

rJ
J
x ?
? o
u
0
C5
C
U)
0
Ci
N
4
0
N
6
0
m
0
0
0
v
0
0
co
0
d
OD
C
O
i
W
n
X
2 of ?
?O

N
VC
W
J
((LL^S u
V'
M?
T j
oil CZ
o
4. °?- J:)
It.
U')•
J
u1

QT
l?

M

i
to
N

w ?

J

?- '(8,