20150703 Ver 2_Certification of Completion_20231130 (7)

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
December 11, 2020
Regulatory Division
Action ID: SAW-2015-02060
North Carolina Wildlife Resources Commission
c/o Mr. Brad Kleinmaier
1720 Mail Services Center
Raleigh, North Carolina 27699
brad. kleinmaiergncwildlife. org
Dear Mr. Kleinmaier:
In accordance with your written request of May 14, 2020, and the ensuing administrative
record, enclosed are two copies of a permit to demolish and replace an existing dam on the Black
River resulting in the permanent loss of 0.99-acre of open water, 0.09-acre of wetland, and 75
linear feet of perennial stream and temporary construction impacts to 0.67-acre of open water,
0.40-acre of wetland, and 348 linear feet of perennial stream. Upon completion, the project will
impound water onto approximately 278.5 acres of previously inundated streams and wetlands.
Any deviation in the authorized work will likely require modification of this permit. If any
change in the authorized work is necessary, you should promptly submit revised plans to the
Corps showing the proposed changes. You may not undertake the proposed changes until the
Corps notifies you that your permit has been modified.
Carefully read your permit. The general and special conditions are important. Your failure to
comply with these conditions could result in a violation of Federal law. Certain significant
general conditions require that:
a. You must complete construction before December 4, 2025.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions.

-2-
You should address all questions regarding this authorization to Emily Greer at the
Wilmington Regulatory Field Office, emily.c.rg eergusace.army.mil.
Sincerely,
SUGG.MICKEY. D GIGIMICKEYd1229800830
T.1229800830 05,00, 0.12.1115:19:42
Scott McLendon
Chief, Regulatory Division
Wilmington District
Enclosures
Department of Army Permit
Special Conditions
Project Plans
Certificate of Completion
Appeals Form
Section 401 Water Quality Certification
Copy Furnished with enclosures:
Jon Swaim jon.swaimgmcgillassoicates.com
Gary Gardner gar._ arg dnerkncwildlife.org
Copies Furnished with Special Conditions and Plans:
Mr. Pete Benjamin, U. S. Fish and Wildlife Enhancement
pete_benj amin(c�r�,fws. gov
Mr. Todd Bowers, U. S. Environmental Protection Agency
bowers.todd(aDepa. gov
Mr. Paul Wojoski, N. C. Division of Water Resources
paul.woj o skinncdenr. gov

DEPARTMENT OF THE ARMY PERMIT
Permittee: North Carolina Wildlife Resources Commission c/o Brad Kleinmaier
Permit No.: SAW-2015-02060
Issuing Office: CESAW-RG-L
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The
term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over
the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: The permanent loss of 0.99-acre of open water, 0.09-acre of wetland, and 75 linear feet of perennial
stream and temporary construction impacts to 0.67-acre of open water, 0.40-acre of wetland, and 348 linear feet of
perennial stream are authorized for the purpose of demolishing and replacing an existing dam. Upon completion, the
water will be impounded onto approximately 278.5 acres of previously inundated wetlands and streams, including the
area of temporary construction impacts.
Project Location: Rhodes Pond on Highway 301 (Dunn Road) approximately six miles south-southwest of the City of
Dunn, Cumberland County, North Carolina, at approximate latitude 35.225524N and longitude-78.652629W.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 8, 2025. If you find that you need more time to
complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state
coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National
Register of Historic Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the
following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data. The detennination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
wan -ant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the tenors
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General Condition 1 establishes a time limit for the completion of the activity authorized by this permit.
Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public
interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this
permit.
_ ��. der-
(PE ITTEE) (DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed
below.
SUGG.MICKEY.T.12298 Digitally signed by
SUGG.M ICKEY.T.1229800830
00830 Date:2020.12.11 14:22:27-05'00' December 11, 2020
(DISTRICT COMMANDER) (DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the
terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the
transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the
transferee sign and date below.
(TRANSFEREE)
(DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

SPECIAL CONDITIONS
RHODES POND DAM
SAW-2015-02060
1. WORK LIMITS: All work authorized by this permit shall be performed in strict
compliance with the attached permit plans dated October 2020 and December 8, 2020,
and which are a part of this permit. The Permittee shall ensure that the construction
design plans for this project do not deviate from the permit plans attached to this
authorization. Any modification to the attached permit plans must be approved by the
U.S. Army Corps of Engineers (Corps) prior to any active construction in waters or
wetlands.
2. PERMIT DISTRIBUTION: The Permittee shall require its contractors and/or agents to
comply with the terms and conditions of this permit in the construction and maintenance
of this project, and shall provide each of its contractors and/or agents associated with the
construction or maintenance of this project with a copy of this permit. A copy of this
permit, including all conditions and drawings shall be available at the project site during
construction and maintenance of this project.
3. NOTIFICATION OF CONSTRUCTION COMMENCEMENT AND COMPLETION:
The Permittee shall notify the U.S. Army Corps of Engineers in writing prior to
beginning the work authorized by this permit and again upon completion of the work
authorized by this permit.
4. PERMIT REVOCATION: The Permittee, upon receipt of a notice of revocation of this
permit or upon its expiration before completion of the work will, without expense to the
United States and in such time and manner as the Secretary of the Army or his authorized
representative may direct, restore the water or wetland to its pre -project condition.
5. REPORTING VIOLATIONS: Violation of these permit conditions or violation of
Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act shall be
reported to the Corps in writing at [e-mail] within 24 hours of the
Permittee's discovery of the violation.
6. ENDANGERED SPECIES ACT: The Permittee shall implement all necessary
measures to ensure the authorized activity does not kill, injure, capture, harass, or
otherwise harm any federally -listed threatened or endangered species. While
accomplishing the authorized work, if the Permittee discovers or observes an injured or
dead threatened or endangered species, the U.S. Army Corps of Engineers, Wilmington
District Wilmington Field Office, Attn: Emily Greer at 910-251-4567 or
[e-mail] will be immediately notified to initiate the required
Federal coordination.
7. MAINTAIN FLOWS AND CIRCULATION PATTERNS OF WATERS: Except as
specified in the plans attached to this permit, no excavation, fill or mechanized land-

clearing activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within waters
or wetlands or to reduce the reach of waters and/or wetlands.
8. SEDIMENT AND EROSION CONTROL:
1) During the clearing phase of the project, heavy equipment shall not be operated in
surface waters or stream channels. Temporary stream crossings will be used to access the
opposite sides of stream channels. All temporary diversion channels and stream crossings
will be constructed of non -erodible materials. Grubbing of riparian vegetation will not
occur until immediately before construction begins on a given segment of stream
channel.
2) No fill or excavation impacts for the purposes of sedimentation and erosion
control shall occur within jurisdictional waters, including wetlands, unless the impacts
are included on the plan drawings and specifically authorized by this permit. This
includes, but is not limited to, sediment control fences and other barriers intended to
catch sediment losses.
3) The Permittee shall remove all sediment and erosion control measures placed in
waters and/or wetlands, and shall restore natural grades on those areas, prior to project
completion.
4) The Permittee shall use appropriate sediment and erosion control practices which
equal or exceed those outlined in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" to ensure compliance with
the appropriate turbidity water quality standard. Erosion and sediment control practices
shall be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order
to ensure compliance with the appropriate turbidity water quality standards. This shall
include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the
project shall remain in full compliance with all aspects of the Sedimentation Pollution
Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Adequate
sedimentation and erosion control measures shall be implemented prior to any ground
disturbing activities to minimize impacts to downstream aquatic resources. These
measures shall be inspected and maintained regularly, especially following rainfall
events. All fill material shall be adequately stabilized at the earliest practicable date to
prevent sediment from entering into adjacent waters or wetlands.
9. CLEAN FILL: The Permittee shall use only clean fill material for this project. The fill
material shall be free of items such as trash, construction debris, metal and plastic
products, and concrete block with exposed metal reinforcement bars. Soils used for fill
shall not be contaminated with any toxic substance in concentrations governed by Section
307 of the Clean Water Act. Unless otherwise authorized by this permit, all fill material

placed in waters or wetlands shall be generated from an upland source.
10. WATER CONTAMINATION: All mechanized equipment shall be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum
products or any other hazardous waste, the Permittee shall immediately report it to the
N.C. Division of Water Quality at [phone] or [phone] and provisions of
the North Carolina Oil Pollution and Hazardous Substances Control Act shall be
followed.
11. TEMPORARY FILLS: Within thirty (30) days of the date of completing the
authorized work, the Permittee shall remove all temporary fills in waters of the United
States and restore the affected areas to pre -construction contours and elevations. The
affected areas shall be re -vegetated with native, non-invasive vegetation as necessary to
minimize erosion and ensure site stability.
12. COMPLIANCE INSPECTION: A representative of the Corps of Engineers will
periodically and randomly inspect the work for compliance with these conditions.
Deviations from these procedures may result in a directive to cease work until the
problem is resolved to the satisfaction of the Corps.
13. PROHIBITIONS ON CONCRETE: The permittee shall take measures to prevent
live or fresh concrete, including bags of uncured concrete, from coming into contact with
any water in or entering into waters of the United States. Water inside coffer dams or
casings that has been in contact with concrete shall only be returned to waters of the
United States when it no longer poses a threat to aquatic organisms.
14. AS -BUILT CONSTRUCTION PLANS: Within 60 days following the completion of
construction, the Permittee shall submit to the Corps as -built plans for those portions that
affect waters of the United States, including wetlands. The as -built plans shall include all
grading, structures and activities in or affecting waters and/or wetlands.