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
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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
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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
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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
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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
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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
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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
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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.
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94.63'
138.57'
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226.70'
63.90'
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