20230175 Ver 1_JOHNS-035_20220621_COAB_Finch Dam_Caterpillar_20230130

ROY COOPER
Governor lktv
ELIZABETH S. BISERSecretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
Certificate of Approval
June 21, 2022
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7019 2280 0000 6517 6806
Attn.: Mr. Nathan Strickler
Caterpillar - Clayton
954 NC Highway 42 East
Clayton, NC 27527
RE: Approval to Breach (Stage 1: Emergency Breach)
Finch Dam
Johnston County
State Dam ID: JOHNS-035
Dear Mr. Strickler:
This is in response to your latest submission received on June 16, 2022, with additional information
received on June 17, 2022, of plans, specifications, and design data for breaching of the subject dam in
two Stages (Stage 1: Emergency Breach and Installation of a Rock Check Dam; Stage 2: Permanent Breach
and Restoration to natural ground following Sediment Sampling and Evaluation) in compliance with the
Dam Safety Law of 1967. This Certificate of Approval is for Stage 1. This dam is of high hazard classification.
The plans, specifications, and design data submitted were prepared under the supervision of Mr. Dori
Sabeh, PE, GISP of McGill Associates, PA. Also, Check No. 52920 in the amount of $200.00 serving as the
minimum application processing fee was received on June 20, 2022.
This letter constitutes approval of the proposal to breach the subject dam according to the plans,
specifications, and design data received by this Division on June 16, 2022 with the following stipulations:
1. In accordance with GS 143-215.29, project construction shall be supervised by Mr. Dori Sabeh, PE,
GISP. Mr. Dori Sabeh, PE, GISP shall be responsible for field observation of construction as necessary
to ensure compliance with approved plans.
2. During construction, the Division of Energy, Mineral, and Land Resources may require progress reports
as are deemed necessary.
3. In accordance with GS 143-215.30 and 15A NCAC 02K .0203, .0212, .0215, and .0216, within 30
days of completion of the project, Mr. Dori Sabeh, PE, GISP shall inspect the completed work and upon
finding that the work has been done as specified and the breaching of the dam has been sufficiently
stabilized to restrain accelerated erosion, shall file with the Division of Energy, Mineral, and Land
Resources two sets of record drawings and a certificate stating that the work has been completed in
accordance with approved plans, specifications, other requirements, and the remains of the dam are
safe.
D E Q�� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
NORTH CAROLINA
uepaamem 0 enmmnmmW Qml\ r 919.707.9200

Mr. Nathan Strickler
Approval to Breach (Stage 1)
June 21, 2022
Page 2 of 3
Finch Dam
JOHNS-035
4. The emergency breach is a temporary first step necessary to reduce risk of uncontrolled release of
water from the impoundment. The dam owners are responsible for continuous monitoring of the breach
and check dam to ensure the implemented measures are functioning as intended and no sediment is
released from the pond. Mr. Dori Sabeh, PE, GISP shall be responsible for Inspection of the emergency
breach after completion to ensure the implemented measures are functioning as intended. Future
phases of the project required to complete the restoration of the channel and establishing the
permanent breach include evaluation of sediment, topographic and hydrographic survey, and design
and permitting of the permanent breach.
5. The plans for the permanent breach shall be submitted to the Division of Energy, Mineral, and Land
Resources within 6 months after completion of the emergency breach. An extension may be granted
for good cause subject to the approval of the Director of the Division of Energy, Mineral, and Land
Resources.
6. This approval does not convey the right to access the private property of others. Any required access
to perform the approved work must be secured prior to initiation of construction activities.
7. You must notify Mr. William H. Denton, IV, PE, Regional Engineer, Land Quality Section, 3800 Barrett
Drive, Raleigh, North Carolina 27609, telephone number [phone] ten days before the start of
construction.
Water control activities required to complete approved breaching which involve diversion and discharge of
reservoir waters to discharge points not covered by an existing NPDES permit, or which utilize procedures
that are not approved by an existing NPDES permit, must receive approval from the Division of Water
Resources prior to implementation.
The Army Corps of Engineers and the Division of Water Resources of this Department should be contacted
to determine if additional permits are required. Also, the erosion and sediment control program having
jurisdiction should be contacted to determine plan approval requirements. In any case, sediment must be
prevented from entering the waters of the state or flowing onto neighboring property.
Enclosed are a cost certification form and an explanation of the final processing fee calculation via email
transmission (You may also refer to the Dam Safety website at https://deci.nc.,i�ov/about/divisons/energv_-
mineral-land-resources/enerF-fv-mineral-land-permits/dam-safety-permits/fees). An additional fee will be
required when the cost certification and engineer's certifications are submitted if the cost for breaching of
the dam exceeds $10,001.00. The cost certification form must be completed and returned with the
engineer's certification in any event.
Should the subject dam change ownership, a "Change of Ownership of a Dam" form must be completed by
the new owner of the dam at the time of transfer in order to ensure the new owner receives important
information concerning the subject dam, and the former owner be released from liability. The form may be
located on the Dam Safety website at httr)s://dea.nc.,i�ov/about/divisions/enerF-fv-mineral-and-land-
resources/dam-safety/application-forms. The completed form must be submitted via email to
[e-mail] listing the change of ownership for the subject dam with its applicable state ID in
the subject line.
There are additional guidance and resources available on the Dam Safety website at:
https://deci.nc.,i�ov/a bout/divisions/ener,i�v-mineral-land-resources/ener,i�v-mineral-land-permits/dam-
safety Also, to assist dam owners through outreach and education, the Association of State Dam Safety
Officials' Owner Outreach Committee has developed three educational videos as a free resource for owners
on critical basics of operating and maintaining a dam safely. The videos are 1) dam inspections, 2) spillways

Mr. Nathan Strickler
Approval to Breach (Stage 1)
June 21, 2022
Page 3 of 3
Finch Dam
JOHNS-035
and outlet works, and 3) operation and maintenance plans. All the videos are available at:
https://damsafetv.orVdam-owners. These videos are the first in a series specific to owner education called
the `Dam Owner Academy.'
The Dam Safety Law of 1967 requires that project construction commence within one year from the date
of this approval, or the approval is void. For assistance, you may contact Mr. William H. Denton, IV, PE,
Regional Engineer, Land Quality Section, 3800 Barrett Drive, Raleigh, North Carolina 27609, telephone
number [phone] or the Dam Safety Program in the Raleigh Central Office at telephone number
[phone] should you have questions concerning this matter.
Sincerely,
o Colley, PE
tate Dam Safety Engineer
JC/hsh/wd
cc: Mr. William Denton, IV, PE, Land Quality Regional Engineer, RRO
Mr. Dori Sabeh, PE, GISP of McGill Associates, PA
File name: JOHNS-035 20220621 COAB Finch Dam