20150703 Ver 2_Public Notice_20200618

US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: June 18, 2020
Comment Deadline: July 9, 2020
Corps Action ID Number: SAW-2015-02060
The Wilmington District, Corps of Engineers (Corps) received an application from the
North Carolina Wildlife Resources Commission seeking Department of the Army (DA)
authorization to permanently impact wetlands and waters associated with replacement of
the previously existing Rhodes Pond Dam in Dunn, Cumberland County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at:
https://www.saw.usace.anny.mil/Missions/Re ug latory-Permit-Program/Public-Notices/
Applicant:
AGENT (if applicable):
Authority
North Carolina Wildlife Resources Commission
c/o Brad Kleinmaier
1720 Mail Services Center
Raleigh, North Carolina 27699
McGill and Associates, P.A.
c/o Jon Swaim
1013 State Farm Road
Boone, North Carolina 28607
The Corps evaluates this application and decides whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
Section 404 of the Clean Water Act (33 U.S.C. 1344)
Location
Location Description: From Raleigh, North Carolina, travel east on I-40 for
approximately 29.3 miles. Then, take exit 328A on right for I-95 South and travel
approximately 11.7 miles to exit 70 toward US-301. Travel on Bud Hawkins Road for
0.6-mile, then turn left onto US-301 (Dunn Road). Travel 2 miles to the project area
located on the north side of the crossing (Figures 1, 2, and 4).
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Project Area (acres): 278.5 Nearest Town: Dunn
Nearest Waterway: Black River River Basin: Cape Fear
Latitude and Longitude: 35.2258N,-78.6524W
Existing Site Conditions
Rhodes Pond and dam have been in place since approximately 1770 and provides a
documented 120 acres of open surface water for recreational use with a historical surface
water elevation of 131 feet. Following damage sustained during Tropical Storm Andrea
in June 2013, North Carolina Dam Safety reclassified the dam from Intermediate Hazard
to High Hazard. Repairs were permitted in September 2015 under a Department of the
Army Nationwide Permit 3: Maintenance to protect the dam from overtopping during a
100-year storm event; however, during construction, the dam was overtopped and
breached during Hurricane Matthew in October 2016. Subsequently, NC Dam Safety
officials directed the applicant to design a spillway that accommodates the current design
standard of/z Probable Maximum Precipitation. For reference, the existing dam was
designed to withstand 10 inches of accumulated precipitation within a 48-hour period.
The average rainfall at Rhodes Pond during Hurricane Matthew was estimated to be 15
inches.
Since the 2016 failure, the 278.5-acre project area has remained mostly drained. The
extent of waters affected by the impoundment and subsequent breach was delineated
utilizing desktop data and field observations. Based on this information, 8,800 linear feet
of the Black River and 1,971 linear feet an unnamed tributary (UT) to the Black River
have reestablished their channels and natural flow patterns. Approximately 66.5 acres of
shrub -scrub wetland and 26.8 acres of emergent wetlands have also reestablished since
2016. Additionally, two large open water pools totaling approximately 8.9-acres and
169.3 acres of mature, wooded wetlands lie within the project area.
Woody shoreline vegetation consists of black willow (Salix nigra), shortleaf pine (Pinus
echinata), loblolly pine (Pinus taeda), red maple (Acer rubrum), sweetgum (Liquidambar
styracifZua), wax myrtle (Myrica cerifera), river birch (Betula 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 odorata) and American eelgrass
(Vallisneria Americana).
Applicant's Stated Purpose
The purpose of the project is to replace the existing dam with a labyrinth weir structure
that meets current dam safety regulations for a 500-year storm event to reduce future
breaches and help protect downstream properties. The restored dam will reflood Rhodes
Pond, which is used for wildlife habitat and recreation purposes by the applicant and the
public.
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Project Description
Within the project construction area, as depicted in Figure A9, the project proposes to
permanently impact 0.79-acre of open water, 0.09-acre of wetland, and 75 linear feet of
perennial stream and temporarily impact 0.67-acre of open water, 0.40-acre of wetland,
and 348 linear feet of perennial stream for the purpose of demolishing the existing dam
and replacing it with a 6-cycle labyrinth weir structure designed to accommodate the 500-
year flood event.
Specifically, replacement of the main dam and spillway will require permanent impacts
to 0.5-acre of open water and 75 linear feet of the Black River and temporary impacts to
0.49-acre of open water, 348 linear feet of the UT Black River, and 0.38-acre of emergent
wetlands (Figure A10). The permanent impact footprint includes the labyrinth weir, a
concrete spillway, embankment repairs, and riprap protection. The proposed main
spillway will be placed at the location of the breach and embedded into the existing
embankments. A riser structure will be placed on compacted soils near the toe of the
embankment, replacing the spillway and maintaining the flow connectivity between the
pond and downstream channel. The east embankment was not breached except
immediately adjacent to the main spillway. Additionally, the embankment sustained
significant erosional damage on the downstream face at several locations. As a result, the
embankment will be restored to original conditions and stabilized with riprap protection.
Three four feet high by four feet wide control gates are currently located west of the main
spillway. Because the condition of the gates' structure and foundation is unknown, the
structure will be demolished, and only the gates will be reused as part of the proposed
design, maintaining their invert elevations. Flow diversion will be achieved by installing
sheet piling, large, impervious dikes, and a pump around system and constructing an
inner berm to allow for access and construction activities to be completed in the dry,
resulting in the temporary impacts.
The restoration of the existing western inner berm will result in approximately 0.23-acres
of fill placement and stabilization in open waters in order to reestablish the berm and
existing walking trail and fishing pier.
Lastly, the project proposes to permanently fill 0.06-acre of open water and temporarily
impact 0.18-acre of open water and 0.2-acre of scrub -scrub wetland within the project
construction area for the purpose of replacing the existing small spillway (Figure Al 1).
Permanent impacts will occur from constructing 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.
Upon project completion, the dam will impound waters to its historical elevation of 131
feet and reflood approximately 40 acres of lakebed, which includes increasing the water
depth of 8.9 acres of existing open water pools, 8,800 linear feet of the Black River,
1,971 linear feet of the UT Black River, 66.5 acres of reestablished shrub -scrub wetlands,
26.8 acres of reestablished emergent wetlands, and 169.3 acres of mature forested
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wetland. The reflooded area encompasses approximately 278.5 acres (Figures Al2 and
A13).
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: Project impacts will be limited to those
required to bring the existing dam into compliance with state and federal regulations.
Temporary disturbances will be kept to a minimum and returned to preconstruction grade
and contours following project completion. Erosion control measures will be used during
construction to minimize impacts to the stream and limit erosion, and material will be
stockpiled in uplands areas as much as practicable. A floating turbidity curtain will also
be used to deter silt suspension and movement of silt particles during construction. In
order to maintain a dry construction area, impervious diversion dikes will be used to
direct flow through gates and pump water as needed.
Compensatory Mitigation
The applicant has been required by North Carolina Dam Safety to construct the proposed
structure, which requires larger impacts outside of the previously existing dam footprint.
Due to the required change in footprint, the project no longer met the terms and
conditions of the Nationwide Permit 3 that authorized replacing the currently serviceable
structure and did not require mitigation. Any wetlands that have naturalized since the
breach in 2016 support only young pioneer and weedy species in the herbaceous, sapling,
and shrub canopy layers. Additionally, upon project completion, hydrology will be
restored to those wetland areas where the hydrologic regime was altered after the dam
failure. Hydrologic restoration is proposed as a self -mitigating measure of the project
with no other form of mitigation proposed.
Essential Fish Habitat
The Corps' determination is that the proposed project would not effect Essential Fish
Habitat or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery
Management Councils or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C,
the District Engineer consulted district files and records and the latest published version
of the National Register of Historic Places and initially determines that:
No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
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The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the identified Corps permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973 (ESA), the Corps reviewed the project
area, examined all information provided by the applicant, and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
Based upon consultation between the applicant and the US Fish and Wildlife
Service (Service) documented in the Service's response letter dated December 18,
2019, the Corps determines that the proposed project would not affect federally
listed endangered or threatened species or their formally designated critical
habitat. By copy of this public notice, the Corps initiates consultation under
Section 7 of the ESA and will not make a permit decision until the consultation
process is complete.
The Corps is the lead federal agency, and the Corps and the USFWS have entered
into a SLOPES agreement dated January 30, 2017, for the Northern long-eared
bat. Proper application of the procedures outlined in the SLOPES will ensure that
activities regulated under Section 404 of the CWA and/or Section 10 of the RHA
in North Carolina are processed in accordance with the requirements of Section
7(a)(2) of the ESA.
Section 408
There are no Corps Civil Works project(s) within or in the vicinity of the applicant's
proposed project.
Any comments received will be considered by the USACE in determining whether to
issue, modify, condition or deny a permission for this proposal if received before the
comment period expiration date. To make its decision, the USACE will review comments
received to supplement and inform its assessment of impacts on endangered species,
historic properties, water quality, general environmental effects, and other public interest
factors listed above. Comments will be taken into consideration in the preparation of an
appropriate document pursuant to the National Environmental Policy Act (NEPA) (e.g.
Environmental Assessment). Comments will also be used to determine the need for a
public hearing and to determine overall public interest in the proposed action.
It should be noted that materials submitted as part of Section 408 requests become part of
the public record and will be available to the general public under the provisions of the
Freedom of Information Act (FOIA). Individuals may submit a written request to obtain
materials under the FOIA or make an appointment to view the project file at the USACE
Wilmington District's Office of Counsel.
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Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.
North Carolina Division of Water Resources (NCDWR): The Corps will generally not
make a final permit decision until the NCDWR issues, denies, or waives the state
Certification as required by Section 401 of the Clean Water Act (PL 92-500). The receipt
of the application and this public notice, combined with the appropriate application fee, at
the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a
401 Certification. Unless NCDWR is granted a time review extension, a waiver will be
deemed to occur if the NCDWR fails to act on this request for certification within sixty
days of receipt of a complete application. Additional information regarding the 401
Certification may be reviewed at the NCDWR Central Office, 401 and Buffer Permitting
Unit, 512 North Salisbury Street, Raleigh, North Carolina 27604-2260. All persons
desiring to make comments regarding the application for a 401 Certification should do so,
in writing, by July 9, 2020 (21 days from date of PN) to:
NCDWR Central Office
Attention: Mr. Paul Wojoski, 401 and Buffer Permitting Unit
(LISPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
North Carolina Division of Coastal Management (NCDCM):
Based upon all available information, the Corps determines that this application
for a Department of Army permit does not involve an activity that would affect
the coastal zone, which is defined by the Coastal Zone Management Act (16
U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof, among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
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needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment and/or an Environmental Impact Statement pursuant to
NEPA. Comments are also used to determine the need for a public hearing and to
determine the overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing will be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, July 9, 2020. Comments should be
submitted to Emily Greer, Wilmington Regulatory Field Office, 69 Darlington Avenue,
Wilmington, North Carolina 28403 or at [e-mail]. For tracking
purposes, please include the Corps Action ID Number in the subject line of all
correspondence related to this project.
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