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HomeMy WebLinkAbout19920064 Ver 1_COMPLETE FILE_19920101STAR State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street 0 Raleigh, North Carolina 27604 James G. Martin, Governor William W C:obey, Ir., Secretary April 20, 1992 Mi Robert R. Dyer 155 West Massachusetts Avenue Southern Pines, North Carolina 28387 Dear Mr. Dyer: George T Everett, Hi.D. Director Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed electrical, generating facility Project # 92080. COE # 1.99200961 Moore County Attached hereto is a copy of Certification No. 2716 issued to Robert R. Dyer dated April 20, 1992. If we can be of further assistance, do not hesitate to contact us. Sincerely, ?l V t o ge T. Everett L- Attachments cc: Wilmington District Corps of Engineers Fayetteville DEM Regional Office Mr.. John Dorney Mr. John Parker Central Files R1 ( ,1( \1 ( )111( 1 \?h?vill?? I.n???ur?ill?\lnur?tivill?? I?.d??y?l) AV'',i?hni>?)un AV?ilniiu??)??n 7012 1 ri?(IN )1') ..,r.I ;? Ll, hr,i I)?'1) l') ?I I;1XI )IIN1 1)11) 0) 1 ('MM) \\ iii.t'ni "'lk I], ? )Iv 3')r' "(x) Pollution Prvvviltion P,v? 1'(1 1t??? ?'P?ii R.II( )di. f"'? IIlI ( .1! 11,., .''-f'Of ph- I, ')1'), i; '(d -A" ')''A ( pl"..nuu.m, 4un Pi nr,, A--' I ?,gd?ui NORTH CAROLINA Moore County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Robert Dyer pursuant to an application filed on the 21 day February, 1992 to construct an electrical generating facility. The Application provides adequate assurance that the discharge of fill material into the waters of Little River in conjunction with the proposed electrical generating facility in Moore County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). 2. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 20 day of April 1992. DIVISION OF' ENVIRONMENTAL MANAGEMENT ,?,)G?eorge/ T. Everett, Dire-4 or WQC# 2-716 Am 01 ? 12t 1 State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management 225 North McDowell Street • Raleigh, North Carolina 27602 James G. Martin, Governor Roger N. Schecter William W. Cobey, Jr., Secretary Director February 14, 1992 MEMORANDUM TO: Dr. George T. Everett, Director Division of Environmental Management FROM: John R. Parker, Jr. Inland "404" Coordinator SUBJECT: "404" Project Review The attached U.S. Army Corps of Engineers Public Notice for Action No. 199200964 dated February 6, 1992 describing a project proposed by Mr. Robert R. Dyer is being circulated to interested state agencies for comments on applicable Section 404 and/or Section 10 permits. Please Indicate below your agency's position or viewpoint on the proposed project and return this form by March 9, 1992. If you have any questions regarding the proposed project, please contact me at 733-2293. When appropriate, in-depth comments with supporting data is requested. REPLY This office scrgpert-s the project proposal. No comment. Comments on this project are attached. This office objects to the project as proposed. f / Signed a?lU ) Uate N ). Rox 27087, R,1160i, N ith C M01111d 27011-7r,87 IvIiphwnc 919733 7291 DIVISION OF ENVIRONMENTAL MANAGEMENT M E M O R A N D U M TO: John Dorney Water Quality Planning FROM: M. J. Noland, Regional Fayetteville Regional April 6, 1992 Superviso Office SUBJECT: 401 Certification Robert Dyer, Electricity Generating Facility Individual Permit Nos. 92080 and 92064 Near Whispering Pines, Moore County The subject project involves the construction of a private hydro-power electrical generating station to be located in the run of Little River, classified as WS-III and HQW at this location. According to the application, this facility will be a 20-ft x 20-ft square steel structure partially prefabricated prior to installation in the stream. At the proposed location, this will likely require the entire width of the creek. Steel sheet pile or sand bag coffer dams will be used to divert any stream flow should it be necessary to pour concrete anchors around the sides of the facility. Mr. Dyer has indicated that concrete or steel anchors will be keyed into the banks in order to help minimize erosion and provide the dam necessary to maintain a constant water level. A control gate is proposed as a means for regulating the water level. Stream flows downstream will remain constant at existing rates once the "reservoir" is filled. It is the recommendation of this office that the requested certification be granted, contingent upon receipt of approval from Fish and Wildlife and from the Division of Water Resources. If additional information or clarification is required, please advise. MJN/KTS/tf f APR 03 192 15:16 NRCD DCA/FAYETTEUILLE 160 P02 DIVISION OF ENVIRONMENTAL MANAGEMENT MEMO ND UM V TO : y ruaatier ;pril3, lygftanning FROM: 1VAlegional Faye 1(ogional SUBJECT: 401 Certification Robert Dyer, electricity generating facility Individual Permit No. 92080 and No. 92064, Near Whispering Pines, Moore County The subject project involves the construction of a private hydro-power electrical generating station to be located in the run of Little River, classified as WS--111 and HQW at this location. According to the application, this facility will be a loft x loft square steel structure partially prefabricated prior to installation in the stream. At the proposed location, this will likely require the entire width of the creek. Steel sheet pile or sand bag coffer dams will be used to divert any stream flow should it be necessary to pour concrete anchors around the sides of the facility. Mr. Dyer has indicated that concrete or steel anchors will be keyed into the banks in order to help minimize erosion and provide the dam necessary to maintain a constant water level. A control gate is proposed as a means for regulating the water level. Stream flows downstream will remain constant at existing rates once the "reservoir" is filled. It is the recommendation of this office that the requested certification be granted, contingent upon receipt of approval from Fish and Wildlife and from the Division of Water Resources If additional information or clarification is required, please advise. level MEMO T 0: - fz-?4 ( //U-, - ? P/ " ? /4/?s da? 1491VI-( 1/17 C" n c? DATE: SUBJECT: l??n ?? 1 J 7S/L ^ 3 270. )jA C 1 6Ik - _f g\ //L? Fr m: - 4 North Carolina bep Health and Natural ?ahaRaaa«a not kP ac???? - v5I?` ?<?Ca arlmen ofnv?ronmem Resources ?va Printed on Recycled Paper F101 - .4 AP A 0 North Carolina Wildlife Resources Commission-0--- 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 91 Charles R. Fullwood, Executive Director MEMORANDUM TO: John R. Parker, Jr. Inland "404" CoordinatokandFi, - FROM: Fred A. Harris, Chief ?? Division of Boating & eries DATE: March 11, 1992 APR n 1992 SUBJECT: "404" Project Review - U. S. Army Corps of Enginers Public Notice for Action No. 199200964 for Electrical Generator Facility in the Little River, Moore Co, N.C. Mr. Robert R. Dyer, Southern Pines, N.C., has applied for a Department of the Army Permit to construct an electrical generator facility in the Little River, Southeast of the S. R. 1840 Bridge near Whispering Pines in Moore County. Plans show that the applicant proposes to construct a 20 square ft. steel plate structure 6 ft.high?which will be placed in a 20 ft-wide section of the river. One side will contain a steel plate with an automatic water level switch causing the water height to be adjusted to 4 ft. The other side contains the water wheel which can be raised or lowered with river flow. Access roads to the site are proposed on each side of the river. According to the public notice, a Corps representative visited an alternative site for the project but not the actual proposed site, and access to the proposed site has not been discussed with the applicant. A biologist on the Wildlife Resources Commission (WRC) staff has reviewed the public notice and inspected the the site on March 4, 1992. The applicant commented that the exact location of the structure has not been determined but is planned for approximately 600 to 4000 ft downstream of S.R. 1840. Our comments are provided in accordance with certain provisions of Section 404 of the Clean Water Act, the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), and North Carolina General Statues 113-131 and 132. Little River is a medium sized. Sandhills stream. The project site is located in the upper reaches of the Lower Little River immediately downstream of its confluence with Nick's Creek. At this location the Lower Little River is a swift flowing, meandering stream with moderately deep pools and rocky riffles. The stream is 15 to 20 ft wide and bottom varies from sandy to rocky: The stream contains excellent fish cover consisting of fallen trees and instream vegetation. The streambank and watershed are heavily wooded with large tracts of undeveloped bottomland hardwoods on both sides of the stream. These wooded tracts appeared to contain several vegetated wetlands. Excellent fish and wildlife habitat is present at the project site. Memo (2) March 11, 1992 A Catalog of Inland Fishing Waters in North Carolina (Frederick Fish, 1968) provides information on fishes in the Lower Little River for the river section within the project site. The Lower Little River Ecolo&ical Classification is Redfin-Warmouth and generally provides good fishing for redfin pickerel and warmouth from Thaggard's Lake to the stream origin. Nick's Creek, which is immediately upstream of the project site, has an Ecological Classification of Largemouth-Pickerel and provides fishing for redfin pickerel, bluegill, and redear sunfish. Extensive fish population sampling was conducted in 1976, 1982/1983, and 1985 in the Lower Little River at 3 sites from NC 210 to Linden which is downstream of the project site. Estimated standing crop of fish in the Lower Little River ranged from 551 to 2606 fish per hectare. Major fish families collected were Centrarchidae, Percidae, Cyprinidae, Ictaluridae, and Catostomidae. The nonnative spotted bass was introduced into the Little River from 1978 to 1981 in an attempt to provide additional sport fishery opportunities. Estimated standing crop of spotted bass in the Lower Little River was 53 to 63 fish per hectare during 1982/1983 and 1985 samples (Federal Aid Project F-22-9, Determination of Spotted Bass Population Levels and Size Structures in the Upper and Lower Little Rivers, prepared by Keith W. Ashley, Fisheries Biologist, 1985). Our sources indicate that the Lower Little River contains excellent habitat which supports a very good and diverse fishery. Unfortunately, the applicant does not provide sufficient information for a determination by our biologists regarding the extent of adverse impacts, if any, on fish and wildlife resources. We need the following information in order to make a meaningful assessment of fish and wildlife impacts: 1. Complete inventory of fish and wildlife resources within or utilizing the project area. 2. Accurate data on State and Federally listed rare, threatened, and endangered species, including State and Federal species of concern, within, adjacent to, or utilizing the proposed project corridor. A listing of designated species can be developed through consultation with the Natural Heritage Program, N.C. ??''? Division of Parks and Recreation, P.O.Box 27687, Raleigh, NC, 27611 (919)733-7795, and Cecil C.Frost, Coordinator, NCDA Plant Conservation Program, P. O. Box 27647, Raleigh, NC 27611, (919) 733-3610. In addition, the NCWRC's Nongame and Endangered Species Section maintains databases for locations of vertebrate wildlife species. While there is no charge for the list, a service charge for computer time is involved. Additional information may be obtained from Randy Wilson, Manager, Nongame and Endangered Species Section, Division of Wildlife Management, NC Wildlife Resources Commission, 512 N. Salisbury St., Raleigh, NC 27604-1188,(919) 733-7291. 3. Cover type maps showing wetland acreages impacted by the project. Wetland acreages should include all project related areas that may undergo hydrologic change as a result of ditching, other drainage, or filling for project construction, including access roads. V, hAJJ 4. Cover type maps showing acreages of upland wildlife habitat impacted by the O proposed project. Memo (3) March 11, 1992 5. Hydrological data, including average annual stream flow, the 7-day 10-year low flow, and data source. 6. Downstream flows or releases, or alteration of normal flows. Proposed mode of operation, as such relates to downstream flows or alterations. 7. Additional construction or modifications that may impact water quality, quanity, normal flow regimes, or impacts to fish and wildlife resources. 8. Description of facilities or gates in the structure that will allow upstream and downstream fish passage during spawning migrations. 9. Screening devices and water velocities planned at the structure. WRC is concerned about impingement and entrainment of fish and other aquatic organisms. WRC recommends that velocity at intake structures as 1.5 cfs or less and a maximum spacing of 2.5 inch on screening devices. 10. Mitigation for avoiding, minimizing, or compensating for direct and indirect degradation in habitat quality as well as quantitative losses. 11. If any environmental documents are required, a list of preparers and respective areas of expertise, including professional qualifications should be included. We recommend that a cautious approach to fish and wildlife resources be taken since a need for electricity from this project has not been demonstrated. We are concerned about negative impacts to fish and wildlife resources as a result of this project. We recommend that the permit not be issued until our concerns are resolved. Thank you for the opportunity to review and comment on this permit application. If we can provide further assistance, please call on us. FAH/lp cc: Wayne R. Chapman, District 6 Fishery Biologist Ken Knight, District 6 Wildlife Biologist i s P ? DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 February 4, 1992 IN REPLY REFER TO Regulatory Branch Action ID. 199200964 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Enclosed is the application of Mr. Robert Dyer, for Department of the Army authorization and a State Water Quality Certification to construct an electrical generating facility, for private use, off S.R. 1840, in the Little River near Whispering Pines, Moore County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request by April 6, 1992, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Jeff Richter, telephone (919) 251-4636. Sincerely, G. ne Wri ht hief, Regulatory Branch Enclosure Itt- .A d State of North Carolina Department of Environment, Health, and Natural Resources Division of Coastal Management 225 North McDowell Street • Raleigh, North Carolina 27602 James G. Martin, Governor Roger N. Schecter William W. Cobey, Jr., Secretary Director February 14, 1992 MEMORANDUM TO: Dr. George T. Everett, Director Division of Environmental Management FROM: John R. Parker, Jr. Inland "404" Coordinator SUBJECT: "404" Project Review The attached U.S. Army Corps of Engineers Public Notice for Action No. 199200964 dated February 6, 1992 describing a project proposed by Mr. Robert R. Dyer is being circulated to interested state agencies for comments on applicable Section 404 and/or Section 10 permits. Please indicate below your agency's position or viewpoint on the proposed project and return this form by i4Qarch 9, 1992. If you have any questions regarding the proposed project, please contact me at 733-2293. When appropriate, in-depth comments with supporting data is requested. REPLY This office supports the project proposal. No comment. Comments on this project are attached. This office objects to the project as proposed. Signed Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer s i DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID. 199200964 February 6, 1992 PUBLIC NOTICE MR. ROBERT R. DYER, 155 West Massachusetts Avenue, Southern Pines, North Carolina, 28387, has applied for a Department of the Army (DA) permit TO CONSTRUCT AN ELECTRICAL GENERATOR FACILITY IN THE LITTLE RIVER, SOUTHEAST OF THE S.R. 1840 BRIDGE NEAR Whispering Pines, Moore County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show that the applicant proposes the construction of a steel plate structure 20 feet wide by 20 feet long by 6 feet tall which, upon completion, will be placed in a 20-foot-wide section of the river. This structure will have a 20-foot-long by "J 6-foot-wide steel plate divider inside it, parallel to the river and perpendicular to the bottom. When the structure is in place, the sides and bottom are to be sealed with concrete. When ready for operation, one side of the structure will have a steel plate, held in place by an automatic water-level switch. The plate will be hinged from the bottom toward the river's natural flow, causing the water height to be adjusted to 4 feet. As the river rises, the gate will lower until completely down. This gate will be 10 feet wide and 5 feet tall, with geared or hydraulic servo control. The other side of the structure is the water wheel channel. The water wheel will have a breast-undershot poncelot wheel 10 feet wide by 8 feet tall with a steel plate contoured to the wheel and held in place with geared or hydraulic servo control. This assembly will be raised upon high water or lowered during low water to maintain the necessary 3-foot head. A safety switch will be installed allowing the water wheel to be disengaged from the generator mechanism and also stopping the wheel from turning. This switch can be operated from either; a) high water, b) the applicant's nearby home, or c) on site. Restart of the mechanism will be manual. A trash rake and log diverter will be located at the front of the unit. The applicant proposes to construct access roads on high ground on each side of the river, allowing him to service the plant. A representative of the Corps of Engineers has visited an alternative site for this work, but not the actual proposed site. The alternative site has potential high ground access from either side of the river, but access to the proposed site remains to be discussed with the applicant. .M -2- The purpose of the work is to create an electrical generating plant for personal use within the Little River. Plans showing the work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No DA permit will be issued until the coordinated State viewpoint on the propos 1 has been received and reviewed by this agency, nor will a DA permit be issue until the North Carolina Division of Environmental Management (DEM) has determined the applicability of a Water Quality Certificate as required by PL 92-500. 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, an this worksite 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, based on available information, is not aware that the proposed activity will affect species, or their critical habitat, I designated as endangered or threatened pursuant to the Endangered Species Acct 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 activit and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest require a careful weighing of all those factors which become relevant in each particu ar 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 conce n 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 valuesI Z ?. r -3- 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 properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. 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 DA permit will not be made until the DEM issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM 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 DA permit serve as application to the DEM for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Environmental Management, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after March 2, 1992. 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 Environmental Management, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before February 19, 1992, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m., March 9, 1992, or telephone (919) 251-4636. if NORNE RD lelJ M F4,gp -- -21- --- - - CARTHAGE- -- ?- TWP. -- -- ?es? SCH. R - -- leJ? ---- 22 m 4 4 IOJI "4,p OOL R D. SQN LIFE c ? 1BOJ c ? ? 'P vi Eq O ..,Y f,• ?•?JIN[ 22 ??, / 0y6 `CpS,? M ? L oFF. *ol ? Urns as 1- - _ E, ?? r,? . .i:; ?" :. .. • E ,658 _ NAOOEE 'h. ? lN, ? I .. _' WHISPERING tp f f A, ! 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O` M 2p601 1, x,.69 E DI TEN I t FK= I • 1 bb I 44 I TO ROBERT DYER ' T-4' r 19.36 AC. I T-4 a I 4 2 T-4 I T-40 • ~ T-39 5 T- s9 \?1 T-7T r y? ?T?oa'4o r io 29909, 36 e ID D 3 f1117T1r+0 - T „ LION TIN??!?1Q TO ROBERT DYER ?o fcN, TRACT 2 ' cartnoL II 66 AC. CCW401 BY COMPUTER 1 1 • 1 669 792 T•24 V.I• .- :-23 ? T-£ M\1 , -2210 1 rT'2A i `r. 2T I T-29 TEABELVJT 594/190 z9 "ki NPK N EOGf Of PA, 4 y6y I ?H?.t aqf ?y t U?e,,.AJ r-(LO/v\ "1- S a" oee-A &I lho,,l D 0.-,j n1 ,f r ee-r As 5 w he?c. 4-c7a r'--IQIt- Pyre A/ me q ?4rc - to 8e L i F req w rrh Dow 9 X02 seaui?e D< X95 w?rcQ g r 3 e5, 9*7? h w rare 2- Lv"ree 5 ,S kx-* 4 o -r 9