20190185 Ver 1_Withdrawal of Application_20190503

Mitchell, Robert K
From:
Sent:
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Cc:
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Attachments:
Tim,
Mitchell, Robert K
Friday, May 3, 2019 8:05 AM
'Tim Ormond'; Brown, David W CIV USARMY CESAW (US)
Leslie, Andrea J; Goudreau, Chris J.; Price, Zan (George); Tarver, Fred; Aiken, Stan E; Anna
Priest; Clement Riddle
RE: [External] RE: Request For Additional Information - Laurel Branch Hydroelectric
Improvements DWR#2019-0185 - Transylvania
20190503_Laurel Branch Hydroelectricimprovements_Withdrawal.docx.pdf
See attached withdrawal letter. Please provide us with the assessment data that ensures water quality standards are
not being violated. Thanks again for all of your communication.
Kevin Mitchell
Environmental Specialist—Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ— Division of Water Resources
828-296-4650 Office
Email [e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
- `•- - lothtng Compares
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North Carolina Public Records Law and may be disclosed to third parties.
From: Tim Ormond [mailto:[e-mail]]
Sent: Monday, April 22, 2019 12:43 PM
To: Brown, David W CIV USARMY CESAW (US) <[e-mail]>; Mitchell, Robert K
<[e-mail]>
Cc: Leslie, Andrea J <[e-mail]>; Goudreau, Chris J. <[e-mail]>; Price, Zan
(George) <[e-mail]>; Tarver, Fred <[e-mail]>; Aiken, Stan E <[e-mail]>;
Anna Priest <[e-mail]>; Clement Riddle <[e-mail]>
Subject: [External] RE: Request For Additional Information - Laurel Branch Hydroelectric Improvements DWR#2019-0185
- Transylvania
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Dear Kevin, David, and all:
We wanted to let you know that in addition to modifying the inlet structure to a pipe laid within an existing bedrock
pool (no 404/401 permit required), the client will be retaining the services of stream ecologist Dave Penrose to conduct
a baseline stream habitat survey, currently scheduled for May 3, 2019. The purpose of the survey is to gain a clear
understanding of the existing habitat of the project reach and to ensure that the project will not violate any surface
water quality standards, as specified by Kevin. The client intends to have Dave Penrose conduct subsequent stream
assessments in future years to document any changes in stream habitat and to ensure that water quality standards are
not being violated.
As a result of the changes to the microhydro system intake design, and based our understanding of the Section 404/401
permit requirements, we would like to request that our PCN permit application be withdrawn.
We appreciate all of your input and guidance. If you need any additional information or have any questions, feel free to
email or call me. Thank you.
Sincerely,
Tim Ormond, P.E.
HydroCycle Engineering, PC
1 Haywood St, Suite 401
Asheville, NC 28801
828.989.8075
[e-mail]
www.hydrocycle-en(i.com
-----Original Message -----
From: Brown, David W CIV USARMY CESAW (US) <[e-mail]>
Sent: Friday, April 19, 2019 11:17 AM
To: Tim Ormond <[e-mail]>
Cc: Leslie, Andrea J <[e-mail]>; Goudreau, Chris J.<[e-mail]>; Price, Zan
(George) <[e-mail]>; Tarver, Fred <[e-mail]>; Aiken, Stan E <[e-mail]>;
Mitchell, Robert K <[e-mail]>; Anna Priest <[e-mail]>; Clement Riddle
<[e-mail]>
Subject: RE: Request For Additional Information - Laurel Branch Hydroelectric Improvements DWR#2019-0185 -
Transylvania
Tim,
This response is being sent per our recent conversation and your e-mail below. For the Laurel Branch
hydroelectric location, if the inlet design is modified to only a pipe placed in the stream for a short distance from the
stream bank (usually a length less than 1/3 of the stream width), no other structure for the system is constructed/placed
in the stream, and the water withdraw amounts do no significantly dewater the stream reach below the intake, then no
permit would be required from the Corps.
At this time your request for permit is on hold. If the design modification results in no permit needed from the Corps,
then send me an e-mail requesting your application for a permit be withdrawn.
Have a good weekend,
David

David Brown, PG
Regulatory Specialist/Geologist
USACE Wilmington District -Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
828-271-7980, ext. 4232
[e-mail]
-----Original Message -----
From: Tim Ormond [mailto:[e-mail]]
Sent: Thursday, April 11, 2019 11:24 AM
To: Mitchell, Robert K <[e-mail]>; Anna Priest <[e-mail]>; Clement Riddle
<[e-mail]>
Cc: Brown, David W CIV USARMY CESAW (US) <[e-mail]>; Leslie, Andrea J
<[e-mail]>; Goudreau, Chris J. <[e-mail]>; Price, Zan (George)
<[e-mail]>; Tarver, Fred <[e-mail]>; Aiken, Stan E <[e-mail]>
Subject: [Non-DoD Source] RE: Request For Additional Information - Laurel Branch Hydroelectric Improvements
DWR#2019-0185 -Transylvania
Dear Kevin and all,
Since we received your response letter on the Laurel Branch project on March 14, 2019, the project team has been
working on design variations of the microhydro system in order to address agency comments. The flow restriction to a
maximum of 20% withdrawal has presented challenges to the design which may end the feasibility of the project
entirely. However, we are hoping that will not be the case and we are still working toward a solution and would like to
request an extension on our application.
If the system is able to be successfully redesigned, we will likely be using a pipe intake on bedrock rather than an
instream weir structure. Assuming that this will be the new intake design, our understanding is that 404/401 permits
would no longer required.
Therefore, we would like clarification from you on the permitting requirements for this modified system with a pipe
intake, including any agency permit documentation that you could provide to assist us.
We appreciate your guidance.
Sincerely,

Tim Ormond, P.E.
HydroCycle Engineering, PC
1 Haywood St, Suite 401
Asheville, NC 28801
828.989.8075
[e-mail] <mailto:[e-mail]>
Blockedwww.hydrocycle-eng.com <Blockedhttp://www.hydrocycle-eng.com/>
From: Mitchell, Robert K <[e-mail]>
Sent: Thursday, March 14, 2019 11:17 AM
To: Anna Priest <[e-mail]>; Clement Riddle <[e-mail]>; Tim Ormond <tormond@hydrocycle-
eng.com>
Cc: Brown, David W CIV USARMY CESAW (US) <[e-mail]>; Leslie, Andrea J
<[e-mail]>; Goudreau, Chris J. <[e-mail]>; Price, Zan (George)
<[e-mail]>; Tarver, Fred <[e-mail]>; Aiken, Stan E <[e-mail]>
Subject: Request For Additional Information - Laurel Branch Hydroelectric Improvements DWR#2019-0185 -Transylvania
Anna, Clement, and Tim
On February 11, 2019, the Division of Water Resources (Division) received your application dated February 11, 2019,
requesting a 401 Water Quality Certification from the Division for the above referenced project. Based on our
discussions in the field on March 8, 2019 and concerns agencies had voiced we are going to place the application on hold
until the following items are addressed:
Our agency has concerns that the proposed water intake will not leave adequate flows to the bypassed
reach. Please redesign the project to incorporate adequate stream flows to the bypassed reach in order to sustain its
designated uses for C; Trout; High Quality Waters or provide detailed hydrological and biological data to support your
proposed design. If you have technical questions regarding what are adequate flows and data required, please contact
our Environmental Flows Program Consultant Fred Tarver. He can be reached at 919-707-9029 or via email at
[e-mail] <mailto:[e-mail]> [15A NCAC 02H .0506(b)(2) and (3)].

2. Please provide a detailed construction sequence of how the instream structure, water intake, and outlet will be
built. Include a detail of how you plan to meet condition # 9 of the General Certification 4139 (attached) during
construction. In addition, please ensure that the location of any temporary impacts are shown on the construction
drawings and clearly indicated in the revised impact table. [15A NCAC 02H .0506(b)(3)]
3. Please consult with Stan Aiken with the Division of Energy, Mineral and Land Resources to determine if the
proposed project requires a Trout Buffer Waiver. He can be reached at 828-296-4500 or via email at
[e-mail] <mailto:[e-mail]> .
Pursuant to Title 15A NCAC 02H .0502(c), the applicant shall furnish all of the above requested information for the
proper consideration of the application. If all of the requested information is not received within 30 days, the Division
will be unable to approve the application and it will be returned.
Kevin Mitchell
Environmental Specialist - Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ - Division of Water Resources
828-296-4650 Office
Email [e-mail] <mailto:[e-mail]>
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.