20240216 Ver 1_Cover Letter and Attachments Final_20240201

February 1, 2024
US Army Corps of EngineersNC-Division of Water Resources
Raleigh Regulatory Field Office401 & Buffer Permitting Unit
Ms. Brandee BoggsMs. Stephanie Goss
151 Patton Avenue 1617 Mail Service Center
Room 208Raleigh, NC 27699
Asheville, NC28801
Re: Broughton Farm Dams Modification-NWP 3 PCN Submittal
Morganton, BurkeCounty
WR Project #23-0874
Ms. Boggsand Ms. Goss,
On behalf ofthe North Carolina Wildlife Resources Commission,we are requesting authorization
from NCDWRfor55linear feetof permanent stream impactsand 0.0008acres of permanent
wetland impactsfor rehabilitation of the BroughtonFarm Pond dams.The project qualifies for a
non-notifying NWP 3 from the USACEbecause the project does not propose the removal of
accumulated sediments and debris asoutlined in Paragraph B in NWP 3 where the submittal of a
PCN is required.This application is being provided to the USACE as a courtesy.
The following table representsthe proposed impacts:
Proposed Impact Table
Impact Area
FeatureType of Impact
LFSFAC
Permanent Impacts
StreamPermanent(Functional Loss)151060.0024
StreamPermanent (No Functional Loss)402570.0059
WetlandsPermanent -360.0008
Open WaterPermanent-1200.002
Permanent Impact Totals555190.0111
Temporary Impacts
StreamTemporary17770.0018
Open WaterTemporary-35,0440.7094
WetlandsTemporary-3360.0077
Temporary ImpactTotals1735,4570.719
115 MacKenan Drive| Cary, NC 27511
t: 919.469.3340| www.withersravenel.com | License No. F-1479
Asheville | Cary | Charlotte| Greensboro|Pittsboro | Raleigh | Southern Pines |Wilmington

Broughton Farm Dam Modification
Morganton, BurkeCounty
NWP 3PCN Submittal
The project proposes 0.0052acres of permanent impacts and is therefore eligible for NWP 3as
noted in the table below:
Loss of Waters of US Table
Impact Area
FeatureType of Impact
LFSFAC
StreamPermanent(Functional Loss)151060.0024
WetlandsPermanent -360.0008
Open WaterPermanent-1200.002
Permanent Impact Totals152620.0052
The proposed Broughton Farm Dams Modificationprojectsite is ±3.30-acres located within one
parcel(PIN: 2701118549)andlocatedat 5154 Western Avenue, Morganton, BurkeCounty(Lat:
35.675457°N; -81.684469°W).
The project is intheCatawbaRiver basin(HUC: 03020203) and onsite waters drain toHunting
Creek. The Water Quality Classification for HuntingCreekisC,and the Stream Index Number is:
11-36-(0.3).The proposed project is not subject to the Catawba River Basin buffer rules because
the project is not located along the Catawba River mainstem below Lake James nor along the
mainstem lakes in the Catawba River Basin.
Proposed Project
The purpose of the proposed project is to rehabilitate the two onsite dams with new risers and
auxiliary spillways(Burke-020 and Burke-021). The site consists of two recreational fishing ponds
hydraulically connected by a small ditch running parallel to the face of the dams. Currently, each
dam spillway consists of 10” DIPs with small riser structures. These ponds are NCWRC public
fishing ponds, and therefore the dam rehabilitation is necessary for public safety.
A visual inspectionof the dams was conducted by the NCDEQ Division of Energy, Mineral, and
Land Resources (DEMLR) on 11/18/2022 and a subsequent Notice of Deficiency (NOD) was
issued to the owner of the dams, the NC Wildlife Resources Commission (see attached NOD).
During the dam inspection by NCDEMLR it was notedthat the trees, brush, and woody vegetation
must be removed from the dams. It was also found that the existing spillways are rusted, full of
holes, and damaged at the outfalls. Additionally, a tree was found to be growing out of one of the
existing risers.
The two dams on site are considered Class A (low hazard)dams and the replacement risers and
spillways have been conservatively designed to safely pass the high hazard design flood without
overtopping should the dams be reclassified in the future. The proposed modifications to the dams
were conservatively designed to meet the following standards:
The spillway systems shall pass the 50-year storm event without overtopping.
The auxiliary spillway shall have an activation frequency of no less than 50 years.
The spillway systems and auxiliary spillway shall safely pass the 6-hr 1/3 PMP and 100-
year storm event without overtopping.
Due to the deficiencies notedthe dams are considered unsafe and therefore, the dam risers and
spillways mustbe replaced.
Page 2 of 5

Broughton Farm Dam Modification
Morganton, BurkeCounty
NWP 3PCN Submittal
Project History
A Notice of Deficiency was issued by the NCDEMLR on November 18, 2022.
WithersRavenel(WR)conducted a delineation of the wetlandsand streams and a Threatened and
Endangered Species Survey on October 31,2023.
A Preliminary Jurisdictional Determinationrequest for the project site was submitted to the
USACE on December13, 2023.
The proposed project is not subject to the Catawba River Basin buffer rules because the project is
not located along the Catawba River mainstem below Lake James nor along the mainstem lakes in
the Catawba River Basin.Because the project is not located within a buffered part of the Catawba
River Basin, a NCDWR Buffer Determination is not required.
Proposed Impacts
The proposed impacts consist of:
0.0024acres(15lf)of permanent functional lossstreamimpacts
0.0059acres(40lf)of permanent no functional loss stream impacts
0.0008 acres(38 sf) ofpermanent wetland impacts
0.002 acres (120 sf) of permanent open water impacts
0.0018acres (77lf) oftemporary stream impacts
0.7094 acres (35,044 sf) of temporary open water impacts
0.0077 acres (336 sf) of temporary wetland impacts
The proposed stream,open water,and wetland impacts are necessary for replacement of unsafe
and failing dam risers and spillways on the two pond dams. In order to replace the existing risers
and spillways,coffer dams will be used within the ponds to isolate and dewater the work area and
allow access. 0.7094 acres of temporary open water impacts are proposed for coffer dams and
dewatering activities.
Permanent wetland and stream impacts are necessary for construction of thenew riser and
spillway on the smaller pond (Burke-020). Wetland A is located at the toe of the dam where the
existing pond outflow is located. The installation of the new spillway and rip rap dissipator will
require 0.0008 acres of permanent wetland impacts and 17 lf of stream impactsfor Stream 1.
Wetland B is located just downstream,and a single temporary impact is proposed of 0.0001 acres.
Similarly, 6 lf of temporary stream impacts are proposed for construction access.
Permanent wetland and stream impacts are necessary for construction of the new riser and
spillway on the largerpond (Burke-021). Wetland Cis located alongthe toe of the dam and Stream
2 starts where the existing 10” DIP outfalls. The installation of the new spillway and rip rap
dissipator will require 0.0013acres of permanent wetland impacts for the rip rap dissipator and
23lfstream impacts. The proposed spillway is designed at an angle from the existing pipe to better
align outfalls with Stream 2. This new alignment requires that 15 lf of stream be relocated to align
with the new spillway outfall. Additionally, 0.0047 acres of temporary wetland impacts and 11 lf
of stream impacts are needed for construction access.
Both dams require the placement of new concrete bottom drain inlets. 0.002 acres of permanent
open water impacts are proposed for the bottom drain inlets.
Page 3 of 5

Broughton Farm Dam Modification
Morganton, BurkeCounty
NWP 3PCN Submittal
During construction of the replacement risers and spillways, work will be completed “in the dry”
by constructing temporary coffer dams within both ponds aroundthe impact areas and pumping
water out of theconstruction area.
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detaileddelineation be conducted so that
impacts to wetlands and “waters” could be minimized.
Proposed permanent impacts for constructionof thesitehave been minimized to only those
necessary for the replacement of two damaged and failing risers and spillways.
Due to the requirement to replace the existing failing and unsafe risers and spillways, impacts are
unavoidable.The two dams on site are considered low hazard dams and the replacement risers
and spillways have been conservatively designed to safely pass the high hazard design flood
without overtopping should the dams be reclassified in the future.
The proposed Burke-020 spillway was designed to be constructed in the same footprint as the
existing 10” DIP to minimize impacts however the new construction requires a rip rap dissipator
be installed to ensure non-erosive velocities within the stream channel. 17 lf No Functional Loss
stream impacts for the rip rap dissipator are proposed. Wetlands are located at the toe of the dam
along the stream making avoidance impossible. Permanent wetland impacts for the Burke-020
spillway have been minimized to 0.0008 acres.
The existing 10” DIP outfalls at the Stream 2 origin where the stream bends. To avoid erosion in
this area, the proposed Burke-021 spillway was designed to better align with the stream channel.
This spillway requires a rip rap dissipator to beinstalled to ensure non-erosive velocities within
the stream channel. 15 lf feet of stream will be relocated from the existing outfall location to align
with the new spillway. 23 lf of No Functional Loss stream impacts for the rip rap dissipator are
proposed. Wetlands are located at the toe of the dam along the stream making avoidance
impossible. Permanent wetland impacts for the Burke-020 spillway have been minimized to
0.00013acreswhere a small part of Wetland C will be impacted by the rip rap dissipator.All other
wetland impacts in this impact area will betemporary.
Upon completion of construction, all temporarily impacted stream channels will be restored to pre-
construction conditions and gradesand the banks stabilized with biodegradable matting and
seeded. No matting will be placed on the stream bed.Additionally, all temporarily impacted
wetlands will be restored to natural grade and seeded with a wetland seed mix to provide
temporary stabilization until natural revegetation permanently stabilizes these areas.Coffer dams
within the ponds will be removed allowing water to refill the ponds. Access during construction
will occur within uplands. Additionally, sediment and erosion control measures will be installed
prior to construction.Standard commercial construction equipment and techniques will be used
to construct the proposed project and access will come from upland areas.
Mitigation
Stream Mitigation
The proposed project will result in 0.0024acres(15lf)of permanent stream impacts with
functional loss. Because the proposed total permanent stream impacts with functional loss do not
exceed 0.02acres, the applicant does not propose stream mitigation.
Wetland Mitigation
Page 4 of 5

Broughton Farm Dam Modification
Morganton, BurkeCounty
NWP 3PCN Submittal
The proposed project will result in 0.0008acres of permanent wetland impacts. Because the
proposed total wetland impacts do not exceed 0.10 acres, the applicant does not propose wetland
mitigation.
Please feel free to contact meif you have questions or require additional informationto complete
your review.
Sincerely,
WithersRavenel
Rick Trone
Environmental Scientist
Attachments:
PCN Form
Agent Authorization Form
Aerial Exhibit
USGS Quads
BurkeCounty Soil Survey
Property OwnerExhibit
DelineationExhibit
USFWS IPaC Resource List
NCNHP Project Review Letter
NC DEMLR Notice of Deficiency
Impact Exhibits
Page 5 of 5

WithersRavenel
Our People. Your Success.
AGENT
AUTHORIZN
FORMS

WithersRavenel
Our People. Your Success.
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned Owner NC Wildlife Resource Commission(Client) does hereby appoint
WithersRavenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate
local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC
Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for:
a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas
(wetlands, surface waters, riparian buffers, etc.) and/or; b) preparation and submittal of
appropriate environmental permit applications/requests for the Broughton Farm Dams
Modification Project consisting of ±3.30-acres out of the total ±543.29-acre parcel, Burke
Co. PIN: 2701118549, located at 5154 Western Avenue in Morganton, NC.
The Client does hereby authorize that said agent has the authority to do the following acts
on behalf of the owner:
(1) To submit appropriate requests/applications and the required
supplemental materials;
(2)To attend meetings to give representation on behalf of the Client.
(3)To authorize access to subject property for the purpose of
environmental review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or
termination by the Client.
December 8, 2023
Date:
Agent's Name, Address & Telephone:Signature of Client:
Brad Kleinmaier - Capital Projects Coordinator
WithersRavenel, Inc.
(Name -Print) (Title)
115 MacKenan Drive
Cary, NC 27511(Signature)
1720 Mail Service Center
Tel. [phone]
Mailing Address
Raleigh, NC 27699
City State Zip
919-707-0155
Phone:
[e-mail]
Email:
115 MacKenan Drive | Cary, NC 27511
t: 919.469.3340 | f: 919.467.6008 | www.withersravenel.com | License No. F-1479
Asheville | Cary | Charlotte | Greensboro | Pittsboro | Raleigh | Southern Pines | Wilmington

WithersRavenel
Our People. Your Success.
AERIAL EXHIBIT

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Our People. Your Success.
USGS QUADS

WithersRavenel
Our People. Your Success.
COUNTY SOIL SURVEY

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Our People. Your Success.
PROPERTY OWNERS
EXHIBIT

WithersRavenel
Our People. Your Success.
DELINEATION EXHIBIT

WithersRavenel
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USFWS IPAC RESOURCE
LIST 1//2024

WithersRavenel
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NCNHP PROJECT REPORT
1/12/2024

WithersRavenel
Our People. Your Success.
NCDEMLR NOTICE
OF
DEFICIENCY

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Our People. Your Success.
IMPACT EXHIBITS