20150703 Ver 2_PN Request for Additional Information_20200610

Strickland, Bev
From: Jon Swaim <[e-mail]>
Sent: Wednesday, June 10, 2020 2:59 PM
To: Greer, Emily C CIV USARMY CESAW (USA); Kleinmaier, Brad
Cc: Turlington, Chad; Wojoski, Paul A; Dori Sabeh
Subject: [External] RE: AID# SAW-2015-02060 Rhodes Pond Dam Public Notice Request for
Additional Information
Attachments: Block 25. Adjoining Property Owners.xlsx; Rhodes Pond IP - Response to Comments -
061020.pdf
I email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
nc. ov
Emily, Please find the attached information you requested for the referenced project. I also replied to your requests
below for quick reference. I can be reached anytime if you need any additional details on the proposed improvements.
Chad, I spoke to Sue Homewood regarding submittal of the application to NCDWR and she requested that I wait until the
public notice was completed before sending it in. Is that still the course of action or would DWR like me to officially
submit?
Thank you,
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Jon Swaim
Project Manager
McGill Associates, P.A.
1013 State Farm Road, Boone, NC 28607
T 828.386.1920
C 828.434.0951
[e-mail]
mcgillassociates.com [mcgillassociates.coml
From: Greer, Emily C CIV USARMY CESAW (USA) <[e-mail]>
Sent: Saturday, June 06, 2020 9:30 PM
To: Jon Swaim <[e-mail]>; Kleinmaier, Brad<[e-mail]>
Cc: Turlington, Chad <[e-mail]>; Wojoski, Paul A <[e-mail]>
Subject: AID# SAW-2015-02060 Rhodes Pond Dam Public Notice Request for Additional Information
Jon -
The following information is needed to complete the review for issuance of a Public Notice for the above referenced
project. Please provide the following information within 30 days from the date of this request or request an extension of

this deadline. Otherwise, the application will be automatically withdrawn. For tracking purposes, the project AID# should
be provided in the subject line of all correspondence related to this project.
1. Project drawings are required to be in 11x17" to scale format. Please resubmit the drawings that are attached to
this email in the correct format and change the figure number of the overall impact map. See attached.
2. Impacts associated with S1 are unclear. A rough estimate shows this area to be approximately 0.27-acre of open
water that was included as a permanent impact. It is unclear where the stream is located and how stream
impacts were determined. Please provide a written clarification of the impacts, define the separate impact areas
and/or aquatic resources more clearly on the impact maps, and update impact amounts, as appropriate. See
attached.
3. What is the footprint of the existing structure in acreage? 0.010-acres.
4. Flooding of aquatic resources as a result of impoundment is a regulated impact. All tributaries and wetlands that
have reestablished or otherwise converted since the dam failure and that will be affected by the impoundment
should be accounted as a "conversion of waters" impact. Those portions of aquatic resources whose hydrology
will be restored upon project completion should be included in impact totals but also separated and discussed
as part of the mitigation discussion. An assessment of the impacted aquatic resources can be conducted utilizing
available desktop data (include as supplemental data to the application), through a site assessment (spot
delineation, visual observation), or a combination. Please confirm that the attached aerial accurately represents
the extent of the affected area upon project completion and provide corrected impact totals. See attached.
5. Please provide the area of acreage within the project limits as depicted on the overall impact map, the lakebed,
and the total affected area as depicted on the attached aerial. 278.5-acres, see attached maps.
6. What is the historical pond elevation? 131-feet.
7. Please provide a discussion of the existing site conditions, including a description of the site's ecology. See
attached.
8. Please complete and return the attached spreadsheet. See attached.
9. If the applicant has not submitted the application to NCDENR-DWR, please submit a copy of the application
along with the response to these comments to the agency. NCDWR requested that I wait until the public notice
had been received.
The above comments only pertain to information needed to issue the Public Notice and do not address deficiencies of
the application that are pertinent to the permit review. After the Public Notice has been issued, the Corps may
determine that a meeting to discuss these deficiencies with the applicant and any other interested agency is warranted.
It is strongly recommended that the applicant review the Freedom of Information Act documents previously provided by
the Corps for guidance on the type and level of information and documentation needed for the Public Notice and
subsequent permit review. The Corps is available to discuss any questions you may have regarding the above comments.
Thank you -
Emily Greer, Regulatory Specialist
Wilmington District - Wilmington Regulatory Field Office
69 Darlington Avenue, Wilmington, NC 28403
910.251.4567 (o)

From: Jon Swaim<[e-mail]>
Sent: Wednesday, June 3, 2020 11:15 AM
To: Greer, Emily C CIV USARMY CESAW (USA) <[e-mail]>
Subject: [Non-DoD Source] FW: Rhodes Pond
Hi Emily, Sorry to bug you. WRC asked if they could get an update on the Rhodes Pond IP. Is it moving forward as
expected?
Thanks,
Jon Swaim
Project Manager
McGill Associates, P.A.
1013 State Farm Road, Boone, NC 28607
T 828.386.1920
C 828.434.0951
ion.swaim(camcgillassociates.com
mcgillassociates.com
We launched a refreshed brand. Please note email / web address changes above.
From: Jon Swaim
Sent: Friday, May 29, 2020 10:21 AM
To: Greer, Emily C CIV USARMY CESAW (U
Subject: RE: Rhodes Pond
Hi Emily, Checking in on the IP, is there anything else you need from us at this point? Thanks,
Jon Swaim
Project Manager
McGill Associates, P.A.
1013 State Farm Road, Boone, NC 28607
T 828.386.1920
C 828.434.0951
ion.swaim(camcaillassociates.com
mcgillassociates.com

From: Greer, Emily C CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, May 19, 2020 9:14 PM
To: Jon Swaim<[e-mail]>
Subject: RE: Rhodes Pond
I just want to confirm that you are making a formal submittal? We talked about stepping into this a little smoother, so I
just want to make sure since I have deadlines to meet if this is a formal request.
From: Jon Swaim<[e-mail]>
Sent: Tuesday, May 19, 2020 2:42 PM
To: Greer, Emily C CIV USARMY CESAW (USA) <[e-mail]>
Subject: [Non-DoD Source] Rhodes Pond
Emily, Please find the attached photo sheets and photo location map for the Rhodes Pond Individual Permit application.
Let me know if you need any additional information. Thanks,
01
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Jon Swaim
Project Manager
McGill Associates, P.A.
1013 State Farm Road, Boone, NC 28607
T 828.386.1920
C 828.434.0951
ion.swaima_mcgillassociates.com
mcgillassociates.com

BLOCK 18. NATURE OF ACTIVITY
Existine Site Conditions
Rhodes Pond (pond or reservoir) and its dam have existed in some form since the year 1770 and
provides approximately 120 acres of open surface water for recreational use as documented in the
North Carolina Department of Environmental Quality (NC DEQ) Division of Energy, Minerals and Land
Resources (DEMLR) Dam Safety Program (NC Dam Safety). Rhodes Pond Dam maintained a normal pool
elevation of 131 feet. During Tropical Storm Andrea (June 2013), Rhodes Pond Dam suffered damage
due to overtopping and the dam was reclassified from intermediate hazard to High Hazard by NC Dam
Safety. McGill Associates, P.A. (McGill) designed and permitted repairs and overtopping protection for
the dam to withstand a 100-year flow event (NC Dam Safety's requirement for high hazard dams)
essentially within the existing footprint. The existing spillway remained intact at this time. During
Hurricane Matthew in October 2016, while construction of the repairs was ongoing and scheduled to be
completed in December 2016, the dam was overtopped resulting in breaches on both sides of the
spillway and soil loss/void space development under the foundation of the small spillway and around its
endwalls. For reference, Hurricane Matthew's total rainfall within Rhodes Pond Dam's drainage basin
was estimated to be as high as 15 inches while the 100-year, 48-hour design storm is approximately 10
inches. NC Dam Safety officials directed McGill and WRC that the spillway must be replaced based on a
design to accommodate current design standard of% Probable Maximum Precipitation (PMP).
Since the 2016 failure, the original 278.5-acre lake bed has remained mostly drained. The Rocky River
and an unnamed tributary (UT) to the Rocky River have begun to channelize within the pond bed and
reestablish natural flow. Approximately 8,800 linear feet of the Rocky River and 1,971 linear feet of the
UT -Rocky River were delineated utilizing desktop data and field observations. Two large pooled/open
water areas totaling approximately 8.9-acres exist on the left and right sides of the channel flow and
existing inner berm/walking path. Scrub/shrub/herbaceous (approx. 66.5-acres) and emergent/marsh
vegetation (approx. 26.8-acres) have established throughout the original pool area forming wetlands.
Large areas of mature forested wetland areas totaling approximately 169.3-acres dominate the original
pond bed especially to the north where historic pond levels seasonally fluctuated.
Woody shoreline vegetation consists of black willow (Salix nigra), shortleaf pine (Pinus echinata), loblolly
pine (Pinus taeda), red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), wax myrtle (Myrica
Cerifera), river birch (eetula nigra) and Chinese privet (Ligustrum sinense). Bald cypress (Taxodium
distichum) dominated the forested wetland areas and shallow river edges throughout the pond.
Predominant herbaceous vegetation consists of a mix of sedges, rushes, woolgrass (Scirpus cyperinus)
and native emergent species such as American white waterlily (Nymphaea adarata) and American
eelgrass (Vallisneria Americana).
Project Description
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
Page 1 of 4

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:
1. Replace the main spillway with a labyrinth weir.
2. Replace the existing gates structure.
3. Restore/improve the eastern earthen embankments condition.
4. Remove trees less than 6-inch diameter within the clearing area.
5. Remove all trees within the grading limits.
6. Replace the small spillway with an earthen embankment and a riser structure and pipe.
7. 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.
A 6-cycle labyrinth with an 8° wall angle and half -round weir crest was designed to replace the existing
spillway and accommodate the 500-year event. 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. Three 4 ft high by 4
ft wide control gates are currently located west of the main spillway. The gates were refurbished circa
2011 and are operational. Because the condition of the gates structure and foundation is unknown, the
structure will be demolished and the gates will be reused as part of the proposed design, maintaining
their invert elevations. The east embankment of the main spillway was significantly damaged as erosion
occurred mainly at the downstream face of the embankment at several locations, but the embankment
was not breached except immediately adjacent to the main spillway. The embankment will be
restored/improved to original conditions and stabilized.
Water from the pond is also conveyed through a small spillway located about 300 ft west of the
southwest corner of the pond. Following hurricane Matthew, substantial soil loss occurred in the
embankment behind the spillway's western endwall. The concrete apron downstream of the spillway
was also dislodged, broken, and displaced further downstream into the channel. The small spillway,
associated abutments and foundation elements, buried debris, old foundation, and unsuitable soils will
be removed through the underlying sandy alluvial soils. An embankment fill will be placed at the
location of the removed spillway. A riser structure will be placed on compacted soils near the toe of the
embankment replacing the small spillway to maintain the flow connectivity between the pond and
downstream channel.
The existing access road from US 301 will be improved to allow for construction and permanent access.
Large impervious diversion dikes and a pump around system will be installed to divert stream flow and
allow for 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.
Proposed improvements to the main dam and spillway will result in 0.50-acres of permanent and 0.49-
acres of temporary impacts to open water, 75 If of permanent and 348 If of temporary impacts to the
Rocky River, and 0.38-acres of temporary impacts to emergent/marsh wetlands. Flow diversion will be
achieved by installing sheet piling and constructing an inner berm to allow for access and construction
work to be completed in the dry resulting in the temporary impacts. The installation of the labyrinth
weir, concrete spillway, embankment repair, and rip rap protection will result in the permanent impacts.
Page 2 of 4

The restoration of the inner berm will result in approximately 0.23-acres of permanent open water
impacts as fill will be placed, compacted, and stabilized to reestablish the berm and existing walking
trail. Lastly, the proposed improvements to the small spillway will result in approximately 0.06-acres of
permanent impacts to open water and 0.18 acres of temporary impacts to open water, and
approximately 0.20-acres of temporary impacts to scrub shrub/herbaceous wetlands. Permanent
impacts will be contributed to the new earthen spillway, riser structure, and rip rap bank protection.
Temporary impacts will occur due to the installation of flow diversion dikes and equipment access.
Construction sequencing is proposed as follows:
1. Install erosion control measures along the project.
2. Clear area as required for construction.
3. Open existing gates to dewater facility diverting flow through gates and maintain open.
4. Remove small spillway (dewater area around small spillway).
5. Construct riser, conduit and earthen embankment.
6. Restore East embankment and grades
7. Remove primary spillway and gates.
8. 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.
9. Stabilize all disturbed areas
10. 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.
Alternatives Analvsis
The proposed design is the culmination of several iterations of alternative designs that aim to minimize
the proposed work while maintaining public safety. Ultimately, an Incremental Hazard Evaluation (IHE)
was prepared as part of the NC Dam Safety permitting process. The IHE identified the minimum spillway
design capacity needed to meet the requirements of NC Dam Safety, which also resulted in the
minimum required footprint which was the basis of design for this project.
The initial estimates for the required spillway length exceeded 500 feet to meet this requirement and
presented several constructability challenges. To minimize the required spillway length, McGill
proceeded with development of an Incremental Hazard Evaluation (IHE). This analysis showed that the
risks associated with flooding downstream of the dam did not increase for any storm event above the
500-year event. The IHE was approved by NC Dam Safety in March 2019. A further effort then
proceeded to minimize impacts from the typical 300 feet linear spillway required to pass the IHE. McGill
analyzed various types of spillway designs for hydraulics, constructability and cost concluding with the
selection of the current labyrinth design. The selected design is a 6-cycle labyrinth with an 8° wall angle
and half -round weir crest with a footprint length of only 185 feet.
Page 3 of 4

The small spillway that suffered damage during the hurricane will be replaced with an armored earthen
embankment essentially within the existing footprint of the existing spillway. A 3 feet x 2 feet riser
structure is also required at this location to maintain hydraulic connectivity and low-level ecological
flows between the pond and downstream channel.
No -Action Alternative:
This alternative involves leaving the breach as -is and not restoring the impoundment. While this
alternative eliminates the proposed impact to jurisdictional areas from the installation of the labyrinth
spillway and small spillway, it will result in additional adverse impacts to historic open waters, and
continued release of sediment and bank/shoreline erosion downstream. While at full pool, Rhodes Pond
provides a variety of habitat for native plant and animal species including Federal and State listed
species such as the American alligator (Alligator mississippiensis), river frog (Rana heckscheri),
blackbanded sunfish (Enneacanthus chaetodon), cypress knee sedge (Carex decomposita), pine barren
boneset (Eupatorium resinosum), and long beach seedbox (Ludwigia brevipes). According to the NC
Natural Heritage Program, the pond is listed as a R1 (Exceptional) - Coastal Plain Semipermanent
Impoundment (Cypress -Gum Subtype) Natural Community. Portions of Rhodes Pond and the
surrounding area are currently listed as a managed areas through the NC Clean Water Management
Trust Fund - Funded Project, NC Division of Mitigation Services - Easement, NC Wildlife Resources
Commission - Game Land, and Three Rivers Land Trust - Easement. In addition, the impoundment, which
has been present in some shape since the 1700s, is a vital natural resource for the community. It is used
for multiple recreational activities and provides secondary economic benefits. For example, an adjacent
property is used as a facility for conducting social events. Therefore, this alternative was deemed
impractical.
Page 4 of 4

Block 22. Surface Areas of Wetlands or Other Waters Filled
Dam/Spillwav Construction
Site #
Impact type
Description
Name
Impact Area
Equipment
W1
Permanent Wetland
Bottomland Hardwood Forest
Wetland 1
0.09 acres
Excavators, bull dozers, and dump trucks
W2
Temporary Wetland
Emergent Wetland/Pond Bed
Wetland 2
0.38 acres
Excavators, bull dozers, and dump trucks
W3
Temporary Wetland
Shrub, Scrub, Herbaceous/Pond Bed
Wetland 3
0.02 acres
Excavators, bull dozers, and dump trucks
51
Permanent Stream
Perennial
Black River
75 linear feet
Excavators, bull dozers, and dump trucks
52
Temporary Stream
Perennial/Pond Bed
Black River
348linear feet
Excavators, bull dozers, and dump trucks
OW-1
Permanent Open Water
Pond
Rhodes Pond
0.23 acres
Excavators, bull dozers, and dump trucks
OW-2
Temporary Open Water
Pond
Rhodes Pond
0.49 acres
Excavators, bull dozers, and dump trucks
OW-3
Permanent Open Water
Pond
Rhodes Pond
0.50 acres
Excavators, bull dozers, and dump trucks
OW-4
Permanent Open Water
Pond
Rhodes Pond
0.06 acres
Excavators, bull dozers, and dump trucks
OW-5
Temporary Open Water
Pond
Rhodes Pond
0.18 acres
Excavators, bull dozers, and dump trucks
Re -flooding Pool
Site #
Impact type
Description
Name
Impact Area
Equipment
Forested Wetlands
Conversion
Bottomland Hardwood Forest
FW
169.3 acres
N/A
Scrub, Shrub, Herb Wetlands
Conversion
Shrub, Scrub, Herbaceous/Pond Bed
SSHW
66.5 acres
N/A
Emergent/Marsh Wetlands
Conversion
Emergent/Marsh Wetland/Pond Bed
EW
26.8 acres
N/A
Black River
Conversion
Perennial
Black River
8,800 linear feet
N/A
UT -Black River
lConversion
lPerennial
UT -Black River
11,971 linear feet
N/A
Open Water
lConversion
IShallow Pond
I Rhodes Pond
18.9 acres
N/A

Open Waters, Streams and Wetlands in the Project Area
The Rhodes Pond Dam (aka Rhodes Lake Dam) is located on the Black River in north Cumberland County,
approximately six miles south of Dunn, North Carolina. The dam, owned and operated by NC Wildlife
Resource Commission (WRC), consists of:
• an earthen embankment east of the spillway separated from US 301 by a stormwater
ditch;
• a 107-foot main spillway located approximately 70 feet upstream of U.S. State Highway
US 301 (Dunn Road) bridge over Black Creek (Bridge No. 145)
• a gate structure housing the bottom drain adjacent to the main spillway's west end;
• a roadway embankment (US 301) on the west side of the main spillway;
• and a small spillway (30 feet long) located at the southwest end of the pond.
Rhodes Pond (pond or reservoir) and its dam have existed in some form since the year 1770
and provides approximately 120 acres of open surface water for recreational use as documented in
the North Carolina Department of Environmental Quality (NC DEQ) Division of Energy, Minerals
and Land Resources (DEMLR) Dam Safety Program (NC Dam Safety) records, i.e., Dam
Inventory Spreadsheet. The dam's ownership was transferred from the North Carolina Department of
Transportation (NCDOT) to WRC in 2009 to preserve the pond.
All proposed main spillway demolition and replacement construction work (temporary and permanent
fills) will be conducted approximately 450 ft upstream of the Dunn Road bridge. All proposed small
spillway demolition and replacement work will be conducted approximately 40 ft upstream and 100 ft
downstream of the existing small spillway. The area to be re -flooded after construction will extend
upstream along the Black River approximately 8,800 linear feet above the existing spillway to a point
within and existing cleared utility right-of-way near Julian Road.
Open Waters and Streams:
Since the spillway failure in October 2016 the lake bed has remained mostly drained with pond levels
dependent on seasonal rainfall events. Approximately 8,800 linear feet of the Rocky River and 1,971
linear feet of the UT -Rocky River have begun to channelize within the pond bed and reestablish natural
flow. For the purposes of this permit, McGill has considered the majority (Approx. 8,4521f) of the Rocky
River impacts and the entirety of the UT -Rocky River impacts to be considered conversion to Open
Water once the pond is re -flooded. The Rocky River segment is perennial and generally 20 to 50 feet
wide, and the UT -Rocky River is intermittent and generally 2 to 5 feet wide. Both contain a muddy -sand
substratum, emergent and floating herbaceous aquatic plants, and riparian scrub/shrub plants and
mature tree species previously listed. The majority of the waters within the proposed dam
embankment and spillway construction areas are designated as "open waters" as their flow and
ecological characteristics remain influenced by the dam. Based on observations made by McGill on
several site visits, there are two relatively permanent large pools, one on each side of the existing inner
berm and the main flow channel. These pools are designated Open Waters and total approximately 8.9-
acres.
Wetlands:
Wetlands within the proposed full pool pond area can be divided into three general types: (1) forested
wetlands, primarily in the northern upstream areas that make up approximately two-thirds of the total
pond area, (2) scrub shrub and herbaceous early -successional wetland areas which are scattered
Page 1 of 3

throughout the pond bed and were too deep to support trees when the lake was at full pond, and (3)
emergent/marsh wetlands that have maintained water levels which limit the growth of herbaceous and
woody species.
Forested wetlands within the 278.5-acre historic pond area total approximately 169.3 acres, based on a
combination of field delineation and photo -interpretation conducted by McGill during the fall and
winter of 2019 and spring of 2020. They are somewhat extensive in the middle portions of the former
lake bed and dominate the upper portions of the former lake bed and shoreline. The predominate
species within these areas is bald cypress which has formed a mature stand with dense canopy
restricting the growth of competing species such as black willow, sweetgum, and river birch. Shoreline
areas and higher elevation sections contained sycamore, red maple, box elder, loblolly pine, and
shortleaf pine.
Scrub shrub/herbaceous wetlands within the 278.5-acre historic pond area total approximately 66.5-
acres, based on a combination of field delineation and photo -interpretation conducted by McGill during
the fall and winter of 2019 and spring of 2020. They are scattered throughout but most extensive in the
lower two-thirds of the former pond bed where deeper water limited bald cypress proliferation when
the lake was full. Predominant vegetation in these wetlands includes a mix of sedges, rushes, woolgrass,
wax myrtle, and river birch and sweetgum saplings.
Emergent/marsh wetlands within the 278.5-acre historic pond area total approximately 26.8-acres,
based on a combination of field delineation and photo -interpretation conducted by McGill during the
fall and winter of 2019 and spring of 2020.They are predominantly located just upstream of the existing
main dam adjacent to the open water areas and Rocky River. These wetlands contained surface water at
shallow depths which limited herbaceous and woody stem vegetation growth, but allowed for emergent
species such as white waterlily and soft rush.
Potential Impacts to Open Waters. Streams and Wetlands
After the new spillway and lateral dam embankments on the main dam, and the improvements on the
small spillway are complete, the drain gates will be closed and the pool refilled to 131-ft elevation, re -
flooding approximately 278.5 acres of former lake bed area (including the stream channel area). This
elevation matches the historic maintained pond level.
Open Waters:
Proposed improvements to the main dam and spillway will result in 0.50-acres of permanent and 0.49-
acres of temporary impacts to open water. Flow diversion will be achieved by installing sheet piling and
constructing an inner berm to allow for access and construction work to be completed in the dry,
resulting in the temporary impacts. The installation of the labyrinth weir, concrete spillway,
embankment repair, and rip rap protection will result in the permanent impacts. The restoration of the
inner berm will result in approximately 0.23-acres of permanent open water impacts as fill will be
placed, compacted, and stabilized to reestablish the berm and existing walking trail. Lastly, the proposed
improvements to the small spillway will result in approximately 0.06-acres of permanent impacts and
0.18 acres of temporary impacts. Permanent impacts will be contributed to the new earthen spillway,
riser structure, and rip rap bank protection. Temporary impacts will occur due to the installation of flow
diversion dikes and equipment access.
Page 2 of 3

The approximately 8.9-acres of existing open water area is proposed to be re -flooded changing from
shallow pond habitats (suitable for amphibians, small fish species, aquatic avian species) to deep
impoundment habitats (suitable for alligator, large game fish species). In addition, the 8,452 linear feet
of the Rocky River, and 1,971 linear feet of the UT -Rocky River located upstream of the main dam
construction area will be re -flooded changing from shallow, sand/silt bottomed low gradient streams to
moderately deep impoundment habitats. The streams in this area appear to be braided and lose stream
bed and bank structure throughout the reach. Riffle, run, and pool sequences were not observed within
these areas which would provide habitat for flow -dependent species. No benthic invertebrates or fish
species were observed during site visits. It appears that the conversion from stream habitat to
moderately deep impoundment habitat throughout the reach should not significantly impact stream -
dependent species, and would restore suitable habitat for historic reservoir species. Lastly, pond
shoreline and littoral zone habitat will be reestablished providing access for species such as snakes,
frogs, turtles, raccoon, whitetail deer, and black bear. Reservoir game fish populations will certainly
benefit from the pond restoration and return the pond to a recreational destination for sportsmen.
Streams:
The approximate 3481f section of the Rocky River just upstream of the existing dam is a single channel
that ranges from 15 to 25-ft in width. Stream depth in this area appeared to be in the 2 to 3-ft range
limiting vegetative growth to the stream banks. While this section of the river did contain a few areas
with riffle run characteristics and a substratum of sand and small gravel, no benthic invertebrates or fish
species were observed during site visits. Like the upstream reach previously mentioned, proposed
impacts or the conversion of this area to a moderately deep impoundment habitat should not
significantly impact stream -dependent species.
Proposed improvements to the main dam and spillway will result in 75 If of permanent and 348 If of
temporary impacts to this section of the Rocky River. Flow diversion will be achieved by installing sheet
piling and constructing an inner berm to allow for access and construction work to be completed in the
dry resulting in the temporary impacts. The installation of the labyrinth weir, concrete spillway,
embankment repair, and rip rap protection will result in the permanent impacts.
Wetlands:
The Scrub shrub/herbaceous wetlands and emergent/marsh wetlands are located primarily in areas of
the pond bed that were unvegetated when the lake was full, or supported only aquatic vegetation.
These areas will be converted from wetlands to open waters when the pond is refilled. Forested wetland
areas with mature bald cypress trees that were historically present will likely remain forested, as these
trees grew successfully for decades in permanent standing water. However, herbs and shrubs that may
have colonized the understory in recent years will likely die out after refilling.
Proposed improvements to the main dam and spillway will result in 0.38-acres of temporary impacts to
emergent/marsh wetlands. Flow diversion will be achieved by installing sheet piling and constructing an
inner berm to allow for access and construction work to be completed in the dry resulting in the
temporary impacts. Proposed improvements to the small spillway will result in approximately 0.20-acres
of temporary impacts to scrub shrub/herbaceous wetlands. Temporary impacts will occur due to the
installation of flow diversion dikes and equipment access.
Page 3 of 3

BLOCK 23. DESCRIPTION OF AVOIDANCE, MINIMIZATION, AND COMPENSATION
Additional Information
While we understand that the impacts associated with this permit application exceed the regulated
threshold for replacing a failed structure in -kind under NWP-3, McGill Associates, PA feels it would be
appropriate to waive the requirement for compensatory mitigation for stream and wetland impacts
due to circumstances beyond the NC Wildlife Resources Commission's control (multiple extreme
weather events, dated impoundment structures) and the fact that the naturalized shrub, herb, and
marsh wetlands in the drained pond bed are young and sparsely vegetated with early successional
species. Furthermore, re -flooding is not expected to adversely affect canopy trees in forested wetlands
that have been present for many years. See the attached descriptive assessment of stream and
wetland impacts in the project area.
Page 1 of 1

G
0
w
w
a
OW — 2, W2, S1
_ _TEMPORARY IMP)
FLOW DIVERSION
EQUIPMENT ACCE
&=ffw,6, OW-2 — 0.49—P
W2 — 0.38—ACR
S1 — 348LF
OW — 5
TEMPORARY IMPACT
FLOW DIVERSION AND
EQUIPMENT ACCESS
0.18—ACRES
OW — 3
W3 PERMANENTIMPAC
TEMPORARY IMPACT LABRYRINTH WEIR
FLOW DIVERSION SPILLWAY AND RIP
EQUIPMENT ACCESS PROTECTION
0 02—ACRES 0.50—ACRES
/ SECONDARY 'SMALL' SPILLWAY
t �
t `
OW-4
♦ �♦ PERMANENT IMPACT
♦♦ SMALL SPILLWAY REPLACEMENT
AND IMPROVEMENTS
0.06—ACRES
I Legend �
Project
Limits
ITemporary
Impacts
Permanent
Impacts
- , DATE
6/10/2020
1013 State Farm Road OFFICE MANAGER
Boone, .1 McglU 28607 MC
NC Firm License # C-0459 PROJECT MANAGER
mcgillassociates.com DS
PROJECT#
14.00135
DESIGNER
AL
REVIEWER
JS
INNER BERM/WALKING TRAIL
I ,
OW — 1
/ PERMANENTIMPACT
EARTHEN FILL TO RESTORE
/ AND IMPROVE INNER BERM
1 0.23—ACRES
1 of
I IL 00--
i
T
n (� r
RAP''
I
I
I
I
I
I �
Jr ooi
.�
� y �
EXISTING DAM/MAIN DAV—
kt
i
i00
i0.
oo
PERMANENTIMPACT
LABRYRINTH WEIR
SPILLWAY AND RIP RAP
PROTECTION
75LF
t :. _ Id
RHODES POND DAM REPAIR
NORTH WON NR W TU E RESOURCE CORM ON
CUMBERLAND COUNTY, NORTH CAROLINA
W1
PERMANENT IMPACT
SAND FILTER AND
RIP RAP PROTECTION
0.09—ACRES
i
i
i I
i
r �
♦ I
�JJ* I
I /
I �
I �
I �
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'r rA '�♦
-
7..
7 �p1
' NR R
*
Impact
Totals
OW 0.79
PERMANENT Acres
OW 0.67
TEMPORARY Acres
WETLAND 0.09
PERMANENT Acres
WETLAND 0.40
TEMPORARY Acres
STREAM 75 LF
PERMANENT
STREAM 348 LF
TEMPORARY
200 0 175 350
GRAPHIC SCALE DIVISION VALUE = 175 FEET
Impact
Table
OW - 1 0.23
PERMANENT Acres
OW-2 0.49
TEMPORARY Acres
OW-3 0.50
PERMANENT Acres
OW-4 0.06
PERMANENT Acres
OW-5 0.18
TEMPORARY Acres
W1 0.09
PERMANENT Acres
W2 0.38
TEMPORARY Acres
W3 0.02
TEMPORARY Acres
S1 348 LF
TEMPORARY
S2 75 LF
PERMANENT
PROJECT AREA
I M PACT MAP
FIGURE
PROJECT#
14.00135
DESIGNER
AL
REVIEWER
JS
INNER BERM/WALKING TRAIL
I ,
OW — 1
/ PERMANENTIMPACT
EARTHEN FILL TO RESTORE
/ AND IMPROVE INNER BERM
1 0.23—ACRES
1 of
I IL 00--
i
T
n (� r
RAP''
I
I
I
I
I
I �
Jr ooi
.�
� y �
EXISTING DAM/MAIN DAV—
kt
i
i00
i0.
oo
PERMANENTIMPACT
LABRYRINTH WEIR
SPILLWAY AND RIP RAP
PROTECTION
75LF
t :. _ Id
RHODES POND DAM REPAIR
NORTH WON NR W TU E RESOURCE CORM ON
CUMBERLAND COUNTY, NORTH CAROLINA
W1
PERMANENT IMPACT
SAND FILTER AND
RIP RAP PROTECTION
0.09—ACRES
i
i
i I
i
r �
♦ I
�JJ* I
I /
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I �
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-
7..
7 �p1
' NR R
*
Impact
Totals
OW 0.79
PERMANENT Acres
OW 0.67
TEMPORARY Acres
WETLAND 0.09
PERMANENT Acres
WETLAND 0.40
TEMPORARY Acres
STREAM 75 LF
PERMANENT
STREAM 348 LF
TEMPORARY
200 0 175 350
GRAPHIC SCALE DIVISION VALUE = 175 FEET
Impact
Table
OW - 1 0.23
PERMANENT Acres
OW-2 0.49
TEMPORARY Acres
OW-3 0.50
PERMANENT Acres
OW-4 0.06
PERMANENT Acres
OW-5 0.18
TEMPORARY Acres
W1 0.09
PERMANENT Acres
W2 0.38
TEMPORARY Acres
W3 0.02
TEMPORARY Acres
S1 348 LF
TEMPORARY
S2 75 LF
PERMANENT
PROJECT AREA
I M PACT MAP
FIGURE
200 0 175 350
GRAPHIC SCALE DIVISION VALUE = 175 FEET
Impact
Table
OW - 1 0.23
PERMANENT Acres
OW-2 0.49
TEMPORARY Acres
OW-3 0.50
PERMANENT Acres
OW-4 0.06
PERMANENT Acres
OW-5 0.18
TEMPORARY Acres
W1 0.09
PERMANENT Acres
W2 0.38
TEMPORARY Acres
W3 0.02
TEMPORARY Acres
S1 348 LF
TEMPORARY
S2 75 LF
PERMANENT
PROJECT AREA
I M PACT MAP
FIGURE
PROJECT AREA
I M PACT MAP
FIGURE

art.....dt
IMPACT W1 — FILL CONSISTING OF = § PROPOSED SHEET PILING FOR FLOW DIVERSION
SAND FILTER AND RIP —RAP DURING WEIR CONSTRUCTION. SEE PLAN SHEE-
PROTECTION. FOR CONSTRUCTION SEQUENCE.
APPROX. 0.09—ACRES
SEE SHEET CD-101 FOR
WORK BOUNDARY LEGEND
TIE TO E70S71ND GRADES
IMPACT S2 — CONSTRUCTION
LABYRINTH WEIR STRUCTURE.
APPROX. 75 LF
-
OF
Impact FLOATING BARRIER, TYP.
Table�-���DETAILS) N NOTES AND -
Table
OW -1 0.23
PERMANENT Acres
OW-2 0.49
TEMPORARY Acres
[RESTORE
PACT OW1 —EARTHEN FILL TO
EXISTING INNER BERM AND
ALKWAY TO FISHING PIER.
OW-3 0.50 PPROX. 0.23—ACRES
PERMANENT Acres
W1 0.09
PERMANENT Acres
W2 1 0.38
TEMPORARY I Acres
IMPACT S1 — CONSTRUCTION OF
S1 348 LF FLOW DIVERSION BERM SYSTEM,
TEMPORARY EQUIPMENT ACCESS FOR WEIR
CONSTRUCTION.
APPROX. 348 LF
S2.
PERMANENT 75 LF
PERMIT DRAWINGS
FOR REVIEW PURPOSES ONLY -
NOT RELEASED FOR
CONSTRUCTION
18EFGRFYO
5400 Trinity RoadI Fri
Suite 107
McgIII Raleigh, NC 27607
NC Firm License # C-0459 �
mcgillassociates.Com OGING 9
DUNN ROAD IMPACT OW3 — CONSTRUCTION OF
LABYRINTH WEIR STRUCTURE,
SPILLWAY AND RIP RAP PROTECTION.
APPROX. 0.50—ACRES
01
..4
EXISTING DAM STRUCTURE TO BE
REMOVED. APPROXIMATELY
0.10—ACRES
PROPOSED INNER BERM FOR FLOW
DIVERSION DURING WEIR
CONSTRUCTION. SEE PLAN SHEETS
FOR CONSTRUCTION SEQUENCE.
LABYRINTH WEIR
SEE STRUCTURAL
SHEETS FOR DETAILS
'ACT OW2 — CONSTRUCTION OF
)W DIVERSION BERM SYSTEM,
JIPMENT ACCESS FOR WEIR
NSTRUCTION.
PROX. 0.49—ACRES
— CONSTRUCTION OF
FLOW DIVERSION BERM SYSTEM,
EQUIPMENT ACCESS FOR WEIR
CONSTRUCTION.
APPROX. 0.38—ACRES
Legend
Project
i
'
Limits
Proposed
Grading &
Structure
Permanent
Impacts
Temporary
Impacts
Forested
Wetland
Emergent
Wetland
Open Water
0 0 15 30 6L
RHODES POND DAM REPAIR EXISTING DAM AREA
GRAPHIC SCALE DIVISION VALUE = 30 FEET
NORTH CRROLINR WILDL FE RESOURCE CO�MISS ON OFFICE MANAGER PAPERRSRIZEDE,PSIGNXGN ER AL IMPACT MAP
CUMBERLAND COUNTY, NORTH CAROLINA PROJECT MANAGER DS REVIEWER is. DATE PROJECT FUNDINGM
DESCRIPTION 6/8/2020 REV 14.00135
SHEET
A-10

0 0
A
/
O ROAD ( /
pUNN - - - - - - - - - - - /
PROP. ETAIL 4 S CONSTRUCTION
ENTRANCE (24•W x 50•L x B'D)
(SEE DETAIL 4 N. C-505)
YARD
J
vr
i
_-
STAGE I TEMP. IMPERVIOUS
DIVERSION DIKE _
/ 1 / TEMP. FLOATING e
i\I TURBIDITY BARRIER (SEE
DETAIL 3 SM. C--,YARL
\ '
` \ /
��M - I • `Jr / /�—\ /� LAMP
SEE SHEET CD-101 FOR
\ ' WORK BOUNDARY LEGEND1120
20
IMPACT OW4 — EXCAVATION, RISER /
' / P STRUCTURE, NEW SPILLWAY, RIP RAP
BANK PROTECTION. s o
--- ��,\\`\ k� °oy - APPROX. 0.06—ACRES ��(�°� o
NEW SPILLWAY -
m(SF
SEE �uLLSHEET C-504)
REMOVE ESL SPILLWAY O�
AND ENDWNIS
(APPROK 3211 SF) h
0
Impact
Table
OW-4
0.06
PERMANENT
Acres
OW-5
0.18
TEMPORARY
Acres
W - 3
0.02
TEMPORARY
Acres
io--
/' PERMIT DRAWINGS
FOR REVIEW PURPOSES ONLY
NOT RELEASED FOR
CONSTRUCTION
'IMPACT W3 —EXCAVATION, FLOW
VvvvA�v�v xti 'tixti�`� __ DIVERSION DIKES, EQUIPMENT
ACCESS. ' " v v vv
APPROX. 0.02—ACRES
\`=---_—�� / j
STAGE TEMP. IMPERVIOUS
! ,�•�•�l DIVERSION DIKE
771
✓ — _
/
46
!
:��IMPACT OW5 — EXCAVATION, FLOW
--DIVERSION DIKES, EQUIPMENT
ACCESS.
APPROX. 0.18—ACRES
I
,
a
0 O
0
6
Legend
Project
Limits
< 000
Proposed
Grading &
Structure
Permanent
Impacts
Temporary
Impacts
Open Water
�'•,_.,._,.._,.,�
J
Shrub/Herb
Wetland
Forested
Wetland
'w
gEFORF
Z. ° °° SHEET
ro RHODES POND DAM REPAIR
I Fri 540e107tyRoad �� �a SMALL SPILLWAY
Q GRAPHIC SCALE DIVISION VALUE = 2° FEET
Raleegh0, NC 27607 c NORTH CRROLINRW LDL FE RESOURCE COMM SSION OFFICE MANAGER PAPER SIZE DESIGN ER
IMPACT MAP A' 11
mcgiII NC Fir Lice m BR AL
NC Firm License It C-0459 9F6 ���
mcg Ilassociates.com
GAGGING QPP CUMBERLAND COUNTY, NORTH CAROLINA PROJECT MANAGER IDS REVIEWER JS DATE PROJECT# FUNDING#
U. DATE Uv o �criiF �n 6/8/2020 REV 14.00135
ut

WETLAND TABLE
FORESTED
169.3
WETLAND
ACRES
SHRUB
HERB
66.5
WETLAND
ACRES
EMERGENT
26•8
WETLAND
ACRES
OPEN
8.9
WATER
ACRES
7.0
STREAMS
ACRES
HISTORIC
278.5
POND
ACRES
AREA
�,�gEFGRFY�G
0
GING PPe�
NO, DATE BY OESG2iV :.
I
_.
vf
Legend
FORESTED
WETLAND
SHRUB AND
HERBACEOUS
WETLAND
EMERGENT
WETLAND
x ! lii1 K
OPEN WATER
HISTORIC POND
Sl
ELEVATION (131 FT) C:D
EXISTING DAM STRUCTURE
' APPROX. 0.10 —ACRES"',
"5 ° 175 35° SHEET
RHODES POND DAM REPAIR CONVERSION OF WATERS
GRAPHIC SCALE DIVISION VALUE = 115 FEET
NORTH WON WILDLIFE RESOURCE CO�� SS ON OFFICE MANAGER MC PAPERSIZEDESIGNER AL I M PACT MAP 1 A 12
CUMBERLAND COUNTY, NORTH CAROLINA PROJECT MANAGER DS REVIEWER JS, DATE PROJECT* FUNDING*
6/9/2020 14.00135

Fl.
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d
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WETLAND TABLEND + a � �.' ". ` .- y •' i • S # wit.. J�*`' _ � ' tY'''r �'i .y, � ,r eC • • . •Ts • a !f .i,. � -1;
,� I 1 '-� �.;.. ..F a!v' ,* aµ. '� � ; s r "•� ;� <.'• .f. Y '1.`"t„s; s y.
FORESTED 9SHRUB �� t er yN r r e• tt !iF•.# � �� � .�
WETLAND
ACRES
s �` ; . `r„ -.w '-etc �. p:' r. + ,�`.,.,t ` I _ n, ,*
HERB
WETLAND
�f .! r
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T .,.".°'4,ti' „,✓jd''y.fLrt9j. vyafdt.2�.')xl - �;t :,:"a&..F''..,i
EMERGENT
Ir
WETLAND
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HISTORIC 278.5
f1 `. ,'rf s2 •y "' 'k.+>�JAA, # ;`°•, +�u ,:x`p,^� ,* t `T '°' kF y,�'. 't _ •
x �+r 41rACRES
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'( a
AREA
1
.>' ,fi � _� r . / >r a., �,7,. •ram' !.'�• '
r'-
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%� «.( !•� ". ���RY i' �af.ryi }ti �,�a5f 'p.II �'97 ! \'_\•� O
FORESTED
WETLAND
'� � � .• ,k� � �t ? 7 �.,, T �f•,�'7�1`y^�"•�j!�(�JJi' ,7{�"''V: '�. • ' % \ :� 1 • t r.'� • P+L � + � , �� ,t♦
s
SHRUB AND
WETLAND
f, EMERGENT
WETLAND
Tt ��
! 1
f
7WE�TL
D
e. ELEVATION�1
11 • , , ��'. i�i�

Block 25. Adjoining Property Owners
Name (first and last)
Mailing Address
City
St
Zip
PATTERSON, JOHN B & WIFE
3565 BEARD RD EASTOVER
EASTOVER
NC
28312
MCLELLAN, LINDA C
5468 MCLELLAN RD DUNN NC 28334
DUNK
NC
28334
DRL PROPERTIES LLC
PO BOX 1152 DUNK NC 28335
DUNK
NC
28335
HEADWATERS TIMBER LLC
3700 GLENWOOD AVE 400 RALEIGH NC 27612
RALEIGH
NC
27612
CURRIN, HELEN B
2324 41 ST ST 225 WILMINGTON NC 28403
WILMINGTON
NC
28403
BASS, JOHN R
PO BOX 238 SPRING HOPE NC 27882
HOPE
NC
27882
N C DEPT OF TRANSPORTATION
1546 MAIL SERVICE CTR RALEIGH NC 27699-1549
RALEIGH
NC
27699-1549
FULCHER, LOUIS A JR & WIFE
11179 DUNK RD DUNN NC 28334
DUNK
NC
28334
HEADWATERS TIMBER LLC
3700 GLENWOOD AVE 400 RALEIGH NC 27612
RALEIGH
NC
27612
MICHAEL, THOMAS R
PO BOX 311 GODWIN NC 28344
GODWIN
NC
28344
COLLIER, LINDA MCLELLAN
5468 MCLELLAN RD DUNN NC 28334
DUNK
NC
28334
WEEKS FARMS INC
163 RUFFIN RD DUNN NC 28334
DUNK
NC
28334
128342
FALCON CHILDRENS HOME
PO BOX 39 FALCON NC 28342
FALCON
NC
FULCHER, LOUIS A IV & WIFE
PO BOX 85 GODWIN NC 28344
GODWIN
NC
28344
GUIN, SUE PARRISH
PO BOX 535 BENSON NC 27504
BENSON
NC
27504
FALLEN BROTHERHOOD MOTORCYCLE
PO BOX 220 GODWIN NC 28344
GODWIN
NC
28344
LUCAS, SYBIL T
816 SAGE CREEK LN 4 FAYETTEVILLE NC 28305
FAYETTEVILLE
NC
28305
H & J FARMS INC
2324 41 ST ST 225 WILMINGTON NC 28403
WILMINGTON
NC
28403
HEADWATERS TIMBER LLC
13724 NATIONAL DR STE 130
IRALEIGH
INC
27612-4070