20150703 Ver 2_PCN Form Submission_20200415

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
April 11, 2020 Ver 3.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
C Yes r No
Change only if needed.
BIMS # Assigned * Version#*
20150703 2
Is a payment required for this project?*
r No payment required What amout is owed?*
r Fee received r $240.00
r Fee needed - send electronic notification IT $570.00
Reviewing Office * Select Project Reviewer*
Fayetteville Regional Office - [phone] Chad Turlington:eads\ccturlington
Information for Initial Review
1a. Name of project:
Rhodes Pond Dam Repair
1a. Who is the Primary Contact?*
Jon Swaim
1b. Primary Contact Email:*
[e-mail]
Date Submitted
4/15/2020
Nearest Body of Water
Black River
Basin
Cape Fear
Water Classification
C,SW
Site Coordinates
Latitude:
35.226109
A. Processing Information
County (or Counties) where the project is located:
Cumberland
Is this a NCDMS Project
r Yes r No
Longitude:
-78.652872
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1c. Primary Contact Phone:*
[phone]
L.1
1b. What type(s) of permit(s) do you wish to seek authorization?

W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number: 03 - Maintenance
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
F- 401 Water Quality Certification - E)press
r Riparian Buffer Authorization
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: r Yes r No
For the record onlyfor Corps Permit: r Yes r No
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
State of North Carolina
2b. Deed book and page no.:
09002,0708
2c. Responsible party:
Brad Kleinmaier, NC Wildlife Resources Commission
2d.Address
Street Address
10769 Dunn Road
Address Line 2
city
Dunn
Postal / Zip (,de
28334
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
State / Province / Ifgion
North Carolina
Country
United States
2f. Fax Number:
4. Agent/Consultant (if applicable)

4a. Name:
Jon Swaim
4b. Business Name:
McGill Associates, PA
4c.Address
Street Address
1013 State Farm Road
Address Line 2
City
Boone
Postal / Zip Code
28607
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
Rhodes Pond - Agent Authorization Form.pdf
State / Province / Rion
North Carolina
Country
United States
4e. Fax Number:
340.53KB
C. Project Information and Prior Project History C^U
1. Project Information
1b. Subdivision name:
(ff appropriate)
1c. Nearest municipality/ town:
Dunn
2. Project Identification
2a. Property Identification Number:
1504-31-3233
2c. Project Address
Street Address
10769 Dunn Rd
Address tine 2
city
Dunn
Postal / Zip Code
28334
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Black River
3b. Water Resources Classification of nearest receiving water:*
C,SW
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300060102
4. Project Description and History
2b. Property size:
459.24
State / Province / Region
North Carolina
Country
United States
4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:*
Rhodes Pond Dam is an existing earthen dam located adjacent to US 301 in Cumberland County, approximately six miles from Dunn, North Carolina. Work will be conducted within a
State of North Carolina owned property. The project site will encompass approximately 4.98 acres of the 459.24 total acres on the subject property. Project area mainly consists of pond
bed and existing dam structures. Adjoining properties appear to be mainly commercial, residential, and open land.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
A-2 USGS Map.pdf 1.21 MIS

4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
A-5 Soil Map.pdf 450.21 KB
4f. List the total estimated acreage of all existing wetlands on the property:
0.09
4g. List the total estimated linear feet of all existing streams on the property:
75
4h. Explain the purpose of the proposed project:*
The purpose of the project is to repair/replace the existing dam in accordance with state and federal regulations so that Rhodes Pond can be impounded and restored to its full extent
and returned to its use as wildlife habitat and recreation area.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
A labyrinth weir system (spillway) is proposed to replace the existing Rhodes Pond dam which was breached during Hurricane Matthew in October 2016. NC Dam Safety officials directed
McGill and NCWRC that the spillway must be redesigned to accommodate flows from a more extreme rainfall event. An Incremental Hazard Evaluation (IHE) of the dam completed by
McGill in February 2019 and approved by NC Dam Safety in March 2019 concluded that the appropriate design storm for the spillway is the 500-year event and that the dam be
constructed to pass the 500-year storm event without overtopping the embankment.
The following dam repairs are proposed to meet the approved IHE goal of providing a spillway adequate for conveying the 500-year event without overtopping the earthen embankment:
Replace the main spillway with a labyrinth weir.
Replace the epsting gates structure.
Restore/improve the eastern earthen embankments condition.
Remove trees less than 6-inch diameter within the clearing area.
Remove all trees within the grading limits.
Replace the small spillway with an earthen embankment and a riser structure and pipe.
Provide adequate hydraulic connection between Rhodes Pond and the downstream channels to maintain minimum flow and high flows to the channels via various uncontrolled
conveyances.
The proposed main spillway repair/replacement will be placed at the location of the breach and embedded into the existing embankments. The upstream/downstream of the
embankments will be aligned with riprap protection. The small spillway will be replaced in the same location as the existing. The epsting access road from US 301 will be improved to
allowfor construction and permanent access. Large impervious diversion dikes and a pump around system will be installed to divert stream flow and allowfor work to occur in the dry.
See attached Engineering Drawings.
it is anticipated that earthwork will typically involve excavators, bull dozers and dump trucks. It is anticipated that the majority of rip rap will be placed by machine (excavator) however
some portions may require hand placement.
The proposed plans will result in approximately 1.10-acres of temporary impacts to open water (Impact OW-2) as disturbance to the original pond bed during construction. Temporary
Impacts at the main spillway will be attributed to impervious diversion dikes for stream flowdiversion, equipment access, and materials storage (see Sheets C-107, C-110, and C-111).
Approximately 0.71-acres of permanent impacts (Impacts OW-1 and OW-3) to original pond bed are anticipated as a result of the main spillway repair/replacement and fill associated
with improvements/repairs to the internal berm (See Sheets C-103 and C-106). The proposed plans will result in 75 L.F. of permanent stream impacts (Impact S1) downstream of the
labyrinth weir consisting of a baffled chute energy dissipater and rip rap protection for outlet flow (See Sheet C-103).
Permanent Impacts to the small spillway (Impacts OW-4 and OW-5) consist of grading and fill associated with spillway improvements, new riser structure, and rip rap protection (See
Sheet C-105). Approximately 0.09-acres of permanent wetland impacts (Impact W1) are proposed as fill material consisting of sand filter and rip rap to allow for positive drainage from
the wetland ditch to Rhodes Pond.
Construction sequencing is proposed as follows:
Install erosion control measures along the project.
Clear area as required for construction.
Open existing gates to dewater facility diverting flow through gates and maintain open.
Remove small spillway (dewater area around small spillway).
Construct riser, conduit and earthen embankment.
Restore East embankment and grades
Remove primary spillway and gates.
Construct primary spillway in sections beginning at east end.
- Divert river flow through west side of the demolished spillway and build gate
structure and four eastern most cycles of the labyrinth.
- Divert river flow through newly constructed gates and build west side of labyrinth.
Stabilize all disturbed areas
Keep gates open until approval to impound is issued.
Temporarily disturbed pond bed will be returned to original contours and elevations post construction and allowed to fill to original surface water elevation.
During construction, erosion control measures will be installed, operated and maintained under an approved Erosion Control Plan.
4j. Please upload project drawings for the proposed project.
Engineering Drawings.pdf 23.82MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
Comments:
r No
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r^ Not Verified f Unknown r N/A
Corps AID Number:
SAW-2015-02060
r Unknown

5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): N/A
Agency/Consultant Company: N/A
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
Fired Preliminary JD was confirmed by a delineation on December 27, 2019 by Jon Swaim of McGill Associates, P.A.
5d1. Jurisdictional determination upload
Corps Permit.pdf 6.7MB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries F Buffers
W Open Waters r Pond Construction
2. Wetland Impacts
2a1 Reason (?) 2b. Impact type * M 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact
Jurisdicition*(?) area
W1 Sand Filter, Rip Rap L
fforn
land Hardwood Forest Wetland 1 Yes Corps 0.090
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.090
2g. Total Wetland Impact
0.090
2h. Comments:
0.090-acres of linear wetland along US 301 to be permanently impacted as wetland ditch is filled with rip rap lining and sand filter to allow for positive
drainage to Rhodes Pond.
3. Stream Impacts
3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type* 3f. Type of 3g. S. width * 3h. Impact
(?) Jurisdiction* length*
S1 Rip Rap, Dissipator Permanent Fill Black River Perennial Corps 200 75
Average(feet) (lirrfeet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
75 0
31. Total stream and ditch impacts:
75
3j. Comments:
Permanent stream impacts consist of 75-linear feet of baffled chute energy dissipator and rip rap energy dissipator downstream of dam repair.
4. Open Water Impacts
4a. Site # I4a1. Impact Reason II4b. Impact type I4c. Name of waterbody II4d. Activity type I4e. Wate rbody type 4f. Impact area
OW-1 Fill P Rhodes Pond Fill Pond 0.21 3

OW-2
Diversion, Access
T
Rhodes Pond
Excavation
Pond
1.10
OW-3
Dam Repairs
P
Rhodes Pond
Fill
Pond
OF38
OW-4
Grading, Fill
P
Rhodes Pond
Fill
Pond
0.01
OW-5
Grading, Fill
P
Rhodes Pond
Fill
Pond
0.09
4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
1.10 0.71
4g. Total open water impacts:
1.81
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Project design intended to replace existing failed dam with dam labyrinth system. Disturbed areas caused by equipment access will be kept to a
minimum. Materials will be stored in upland areas as much as practical. Improvements are limited to those required to bring the existing dam into
compliance with state and federal regulations.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Temporary pond bed impacts limited to diversion, access, and lay down areas. Impervious diversion dikes will be used to direct flow through gates and
pump water as needed to maintain a dry construction area. Erosion control measures shall be used during construction to minimize impacts to the
stream. Silt fence will be installed during construction to limit erosion. A floating turbidity curtain will be used to deter silt suspension and movement of
silt particles during construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
It is not anticipated that compensatory mitigation will be required.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
Stormwater rules are not applicable to this project.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
U
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)? *
r Yes r No
Comments:
Proposed project is funded by the North Carolina Wildlife Resources Commission.

2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 21-1.1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes f• No
3b. If you answered "no," provide a short narrative description.
Project is intended to return Rhodes Pond to its original condition. No additional development anticipated as a result of the work.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r No r N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?`
r Yes r No
r' Unknown
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
https://ecos.fvos.g ov/ipac/
The USFWS was consulted to determine if federally listed species would be impacted by the proposed project. See attached consultation letter.
Consultation Documentation Upload
A-8 IPAC.pdf 215.04KB
USFWS - Section 7 Consultation Letter.pdf 1.13MB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
https://wv,w.habitat.noaa.gov/application/efhmapper/index.html
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
https://nc. maps.arcgis.com/apps/v,ebappviev,er/index html?id=d2d04d8d7e03403f889419526e682529
7c. Historic or Prehistoric Information Upload
A-10 NCHPO Map.pdf 510.61 KB
8. Flood Zone Designation (Corps Requirement)

8a. Will this project occur in a FEMA designated 100-year flood plain?*
f Yes r No
8b. If yes, explain how project meets FEMArequire ments:
Appropriate flood study has been completed, any necessary floodplain permits will be obtained from Cumberland County prior to construction.
8c. What source(s) did you use to make the floodplain determination?*
hftps://fris.nc.gov/fris/Fbme.aspx
Miscellaneous U
Comments
Miscellaneous attachments not previously requested.
A-1 Location Map.pdf 300.48KB
A-9 FRIS Map.pdf 2.46MB
A-10 Impacts Map.pdf 684.67KB
Signature
*
® By checking the box and signing below, I certify that
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Jon Swaim
Signature
Cis 1,15
Date
4/15/2020
U

mcill
Shaping Communities Together
J
AGENT AUTHORI7ATION FORM
PROJECT NAME: Rhodes Pond Darn Repair
PROPERTY LEGAL DESCRIPTION: D13:09002 PG:0708
PARCEL ID. 1504-31-3233
STREET ADDRESS: 10769 Dunn Road
Please Print
Property Owner/Representative: State of North Carolina, Brad Kleinmaier
(If Representative) Title: Capital Projects Coordinator NCWRC
The undersigned, registered property owners of the above noted property, do hereby authorize
Jon Swaim of McGill Associates P.A.
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or
certification and any and all standard and special conditions attached.
Property Owner's/Representative's Address (if different than property above):
116 W Jones St Raleigh, NC 27603
Telephone: [phone]
We hereby certify the above information submitted in this application is true and accurate to the best of our
knowledge.
*Authorizd Signature
Date: //3Oz �1�
Authorized Signature
Date:
1013 STATE FARM ROAD, BOONS, NORTH CAROLINA 28607 1 828.386.1920 1 www.mcgi€lassociates.com

© 2019 Microsoft Corporation © 2019 HERE
DIVISION VALUE = FEETGRAPHIC SCALE
1000 0 500 1000 2000
1000
LOCATION MAP 1
FIGURE
CUMBERLAND COUNTY, NORTH CAROLINA
NORTH CAROLINA WILDLIFE RESOURCE COMMISSION
RHODES POND DAM REPAIR12/18/19
DATE
14.00135
PROJECT #
BR
PROJECT MANAGER
C:\USERS\ALEX.LOWDERMILK\DESKTOP\RHODES POND.DWG PLOT DATE 12/18/2019 2:38 PM ALEX LOWDERMILK1013 State Farm Road
Boone, NC 28607
828.386.1920
NC Firm License # C-0459
mcgillassociates.com
Project Limits
DIVISION VALUE = FEETGRAPHIC SCALE
1000 0 500 1000 2000
1000
USGS MAP 2
FIGURE
CUMBERLAND COUNTY, NORTH CAROLINA
NORTH CAROLINA WILDLIFE RESOURCE COMMISSION
RHODES POND DAM REPAIR12/18/19
DATE
14.00135
PROJECT #
BR
PROJECT MANAGER
C:\USERS\ALEX.LOWDERMILK\DESKTOP\RHODES POND.DWG PLOT DATE 12/18/2019 2:39 PM ALEX LOWDERMILK1013 State Farm Road
Boone, NC 28607
828.386.1920
NC Firm License # C-0459
mcgillassociates.com
Project Limits
Soil Map—Cumberland County, North Carolina
(Project Limits)
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
12/18/2019
Page 1 of 33900410390050039005903900680390077039008603900950390050039005903900680390077039008603900950713270713360713450713540713630713720713810713900713990714080
713270 713360 713450 713540 713630 713720 713810 713900 713990 714080
35° 13' 44'' N 78° 39' 24'' W35° 13' 44'' N78° 38' 50'' W35° 13' 26'' N
78° 39' 24'' W35° 13' 26'' N
78° 38' 50'' WN
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84
0 150 300 600 900
Feet
0 50 100 200 300
Meters
Map Scale: 1:3,960 if printed on A landscape (11" x 8.5") sheet.
Soil Map may not be valid at this scale.
MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special Point Features
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
Sodic Spot
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:24,000.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Cumberland County, North Carolina
Survey Area Data: Version 20, Sep 16, 2019
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Oct 29, 2014—Nov
28, 2017
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
Soil Map—Cumberland County, North Carolina
(Project Limits)
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
12/18/2019
Page 2 of 3
Map Unit Legend
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
JT Johnston loam 1.2 31.5%
Pa Pactolus loamy sand 0.5 14.2%
W Water 1.9 49.2%
WaB Wagram loamy sand, 0 to 6
percent slopes
0.2 5.1%
Totals for Area of Interest 3.9 100.0%
Soil Map—Cumberland County, North Carolina Project Limits
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
12/18/2019
Page 3 of 3
December 18, 2019
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Consultation Code: 04EN2000-2020-SLI-0383
Event Code: 04EN2000-2020-E-00869
Project Name: Rhodes Pond Dam Repair

Subject:List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The species list generated pursuant to the information you provided identifies threatened,
endangered, proposed and candidate species, as well as proposed and final designated critical
habitat, that may occur within the boundary of your proposed project and/or may be affected by
your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife
Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally-listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally-protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
12/18/2019 Event Code: 04EN2000-2020-E-00869   2

evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes
If your project contains suitable habitat for any of the federally-listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally-protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/
comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office at [e-mail].
12/18/2019 Event Code: 04EN2000-2020-E-00869   3

▪
Attachment(s):
Official Species List
12/18/2019 Event Code: 04EN2000-2020-E-00869   1

Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]
12/18/2019 Event Code: 04EN2000-2020-E-00869   2

Project Summary
Consultation Code:04EN2000-2020-SLI-0383
Event Code:04EN2000-2020-E-00869
Project Name:Rhodes Pond Dam Repair
Project Type:DAM
Project Description:Dam repair
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.2253909608438N78.65601028778335W
Counties:Cumberland, NC
12/18/2019 Event Code: 04EN2000-2020-E-00869   3

1.
Endangered Species Act Species
There is a total of 7 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Birds
NAME STATUS
Red-cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
Endangered
Reptiles
NAME STATUS
American Alligator Alligator mississippiensis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/776
Similarity of
Appearance
(Threatened)
Insects
NAME STATUS
Saint Francis' Satyr Butterfly Neonympha mitchellii francisci
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5419
Endangered
1
12/18/2019 Event Code: 04EN2000-2020-E-00869   4

Flowering Plants
NAME STATUS
American Chaffseed Schwalbea americana
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1286
Endangered
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5217
Endangered
Pondberry Lindera melissifolia
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1279
Endangered
Rough-leaved Loosestrife Lysimachia asperulaefolia
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2747
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
FLOOD RISK
INFORMATION SYSTEM
MAP 9
FIGURE12/19/19 14.00135
DATE PROJECT #
CUMBERLAND COUNTY, NORTH CAROLINA
NORTH CAROLINA WILDLIFE RESOURCE COMMISSION
RHODES POND DAM REPAIR
BR AL
OFFICE MANAGER DESIGNER
DS JS
PROJECT MANAGER REVIEWER
C:\USERS\ALEX.LOWDERMILK\DESKTOP\RHODES POND\RHODES POND.DWG PLOT DATE 12/19/2019 8:28 AM ALEX LOWDERMILK1013 State Farm Road
Boone, NC 28607
828.386.1920
NC Firm License # C-0459
mcgillassociates.com
500 0 250 500 1,000
500DIVISION VALUE = FEETGRAPHIC SCALE
Project Limits
Legend
Floodway
100-Year Flood
Limits
500-Year Flood
Limits
FIRM Panel ID:1502
Effective Date: 1/5/2007
200 0 100 200 400
200DIVISION VALUE = FEETGRAPHIC SCALE
IMPACTS MAP
CUMBERLAND COUNTY, NORTH CAROLINA
NORTH CAROLINA WILDLIFE RESOURCE COMMISSION
RHODES POND DAM REPAIR
BR
DS
AL
JS
A-10OFFICE MANAGER
PROJECT MANAGER
DESIGNER
REVIEWER
FIGURE
4/8/2020 14.00135
DATE PROJECT #L:\BROADSTREET\PROJECTS\2014\14.00135 - RHODES POND\AMENDMENT5\PERMITTING\PCN\RHODES POND.DWG PLOT DATE 4/8/2020 2:00 PM ALEX LOWDERMILKmcgillassociates.com
1013 State Farm Road
Boone, NC 28607
828.386.1920
NC Firm License # C-0459
Impact Table
OW - 1 0.23
Acres
OW - 2 1.1
Acres
OW - 3 0.38
Acres
OW - 4 0.018
Acres
OW - 5 0.094
Acres
W1 0.09
Acres
S1 75
L.F.
Legend
Project
Limits
Temporary
Impacts
Permanent
Impacts
NCHPO HPOWEB
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P,
NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri
(Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS
User Community
Project Limits
Local districts & boundaries
Local individual resources & centerpoints
Local Landmark
Local Landmark, Gone
Local HD Center Point
Surveyed Only individual resources & centerpoints
Surveyed Only
Surveyed in NRHD
Surveyed Only, Gone
Surveyed in NRHD, Gone
Blockface- Multiple properties
Blockface in NRHD
Surveyed Area, No designation
Surveyed Area in NHRD
DOE districts & boundaries
Determined Eligible Boundary
Both DOE and Study List Boundary
DOE individual resources & centerpoints
Determined Eligible
DOE, Gone
SL and DOE
SL and DOE, Gone
DOEHD Center Point
SLDOEHD Center Point
SL districts & boundaries
Study List Boundary
Both SL and Determined Eligible Boundary
SL individual resources & centerpoints
SL Individual Entry
SL and DOE entry
Study List Entry, Gone
SL and DOE, Gone
SLHD Center Point
12/23/2019 12:59:25 PM
0 0.35 0.70.17 mi
0 0.55 1.10.28 km
1:18,056
North Carolina State Historic Preservation Office
State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA, USGS | Esri, HERE |
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
January 23, 2020
Jon Swaim
McGill Associates, PA
1013 State Farm Road
Boone, NC 28607
Re: Rhodes Pond Dam Repair — Cumberland County
Dear Mr. Swaim:
This letter is to inform you that the Service has established an on-line project planning and
consultation process which assists developers and consuhants in determining whether a
federally -listed species or designated critical habitat may be affected by a proposed project. For
future projects,.please visit the Raleigh Field Office's project planning website at
littps://www.fws.gov/raleigh/pp.html. If you are only searching for a list of species that may be
present in the project's Action Area, then you may use the Service's Information, Planning, and
Consultation System (IPaC) website to determine if any listed, proposed, or candidate species
may be present in the Action Area and generate a species list. The IPaC website may be viewed
at https://ecos.fws.goy/Tac/. The IPaC web site contains a complete and frequently updated list
of all endangered and threatened species protected by the provisions of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern' that
are known to occur in each county in North Carolina, and other resources.
Section 7 of the Act requires that all federal agencies, (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
The term "federal species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concert receive no legal protection and their designation does
not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened
.species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to
federal species of concern.

evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes.
If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, director indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
With regard to the above -referenced project, we offer the following remarks. Our comments are
submitted pursuant to, and in accordance with, provisions of the Endangered Species Act.
Based on the information provided and other information available, it appears that the proposed
action is not likely to adversely affect any federally -listed endangered or threatened species, their
formally designated critical habitat, or species currently proposed for listing under the Act at
these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for
your project. Please remember that obligations under section 7 consultation must be
reconsidered if. (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner that was not considered in this review; or, (3) a new species
is listed or critical habitat determined that may be affected by the identified action.
However, the Service is concerned about the potential impacts the proposed action might have
on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we
recommend that all practicable measures be taken to avoid adverse impacts to aquatic species,
including implementing directional boring methods and stringent sediment and erosion control
measures. An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources, Land Quality Section prior to construction.
Erosion and sedimentation controls should be installed and maintained between the construction
site and any nearby down -gradient surface waters. In addition, we recommend maintaining
natural, vegetated buffers on all streams and creeks adjacent to the project site.
The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a
copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate
secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality.

We recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).
We hope you find our web page useful and informative and that following the process described
above will reduce the time required, and eliminate the need, for general correspondence for
species' lists. If you have any questions or comments, please contact John Ellis of this office at
[phone] ext. 26.
Sincerely,
Pete Benjamin
Field_ Supervisor
f-011i _ /