20160216 Ver 1_Approval to Construct_20160511

Burdette, Jennifer a
From: Turlington, Chad
Sent: Wednesday, May 11, 2016 11:55 AM
To: Burdette, Jennifer a
Subject: FW: CUMBE-029 Hope Mills Dam #1 - Approval to Construct
Attachments: CUMBE-029_20160510_COAC_Hope Mills Dam #l.pdf
6'!
From: Denton, Bill
Sent: Wednesday, May 11, 2016 11:51 AM
To: Mark Landis ([e-mail]) <[e-mail]>, Kevin Lugo <[e-mail]>
Cc: Laura Shearin ([e-mail]) <[e-mail]>, Britt, Lori <[e-mail]>;
Turlington, Chad <[e-mail]>
Subject: CUMBE-029 Hope Mills Dam #1 - Approval to Construct
Mark/Kevin:
Please find the attached Certificate of Approval to Construct in response to your recent application. The signed original
will be sent certified by US Mail to the Town of Hope Mills with hard copies to each of you. Give me a call or reply by e-
mail if you have any questions or if I may be of further assistance.
Thanks and have a good day.
William H. Denton, IV, PE
Assistant Dam Safety Engineer
Division of Energy, Mineral, and Land Resources — Land Quality Section
Department of Environmental Quality
919 707 9220 office
bill.dentonQncdenr.gov
1612 Mail Service Center
Raleigh, North Carolina 27699
Email corretil'.)ol?"'{,ence to and ii`orn thio; a('{"'{I`ess o; sut`J ect to t1he
P,Iodhl Carolina Public Records L w and 1`Y7ay be dl`ii:'losed to thloi d I'.'s'ai{`ies,

Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
Certificate of Approval
May 10, 2016
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Town of Hope Mills
Attn: Mr. John W. Ellis, III, Town Manager
5770 Rockfish Road
Hope Mills, North Carolina 28348
RE: Approval to Construct
Hope Mills Dam #1
Cumberland County
Dear Mr. Ellis:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
TRACY DAVIS
Director
This is in response to your application for the construction of the subject dam in compliance with the
Darn Safety Law of 1967. The materials comprising the final application are described as follows:
Document Description
Date of Material (latest
Date Received by
revision)
DEMLR
"Geotechnical Investigation and Laboratory
September 29, 2015
December 30, 2015
Testing Report"
Plan Set titled "Restoration of Hope Mills
February 26, 2016 (date
March 2, 2016
Dam"
of engineer's seal)
Design Report titled "Restoration of Hope
February 26, 2016
March 2, 2016
Mills Darn, Hope Mills, North Carolina"
Technical Specifications
February 26, 2016
March 2, 2016
ASI Borrow Source Volume Calculations
March 23, 2016
April 8, 2016
Revised Plan Sheets B-04, B-06 through 13-
10, and S-05 (to replace selected sheets from
April 7, 2016
April 8, 2016
plan set received March 2, 2016)
The proposed dam will be located on Little Rockfish Creek in the Cape Fear River basin and has
been determined to be of high hazard classification. The above -listed documents were prepared
State of North Carolina I Environmental Quality I Energy, Mineral, and Land Resources
1612 Mail Service Center I Raleigh, North Carolina 27699
919 707 9220 T

Town of Hope Mills
Approval to Construct
May 10, 2016
Page 2 of 3
Hope Mills Dam #1
CUMBE-029
under the supervision of Mr. Mark E. Landis, PE. Also, Check No. 2058 in the amount of $200.00
serving as the minimum application processing fee was received on December 30, 2015.
This letter constitutes approval of the proposal to construct the subject dam according to the plans
and specifications received by this Division as described in the table above with the following
stipulations:
I . A minimum flow of 38 cubic feet per second must be released from the dam site at all times,
even during construction.
2. Project construction shall be supervised by Mr. Mark E. Landis, PE. Mr. Mark E. Landis, PE,
shall be responsible for field observation of construction as necessary to ensure compliance with
approved plans.
3. During construction, the Division of Energy, Mineral, and Land Resources may require such
progress reports as are deemed necessary.
4. The results of the laboratory permeability testing for the bentonite -amended embankment core
fill showing that the amended material as placed meets or exceeds the required saturated
horizontal permeability of l x 10-6 feet per second shall be provided to this Division for review
and approval prior to placement in the dam.
5. In accordance with GS 143-215.29 and NCAC Title 15A Subchapter 2K .0203, .0212, .0215, and
.0216, within 30 days of completion of the project, Mr. Mark E. Landis, PE, shall inspect the
completed work and upon finding that the work has been done as specified, that the minimum
stream flow requirements have been met, and the darn is safe, shall file with the Division of
Energy, Mineral, and Land Resources two sets of record drawings and other descriptive matter as
necessary to describe the completed construction, as well as a certificate stating that the work has
been completed in accordance with approved plans, specifications, and other requirements, and
the dam is safe for operation.
6. Prior to issuance of final written consent for use of this dam pursuant to these modifications, the
requirements of Session Law 2014-122, Section 8, as revised by Session Law 2015-7 must be
met. Session Law 2015-7 requires all owners of high and intermediate hazard dams to submit an
Emergency Action Plan (EAP) to the NC Department of Environment and Natural Resources and
the NC Department of Public Safety. More details regarding this requirement may be found
online at (http://portal.ncdenr.org web/Ir/dams).
This Division has an EAP on file for the subject dam, but it has been approved for use only
during the demolition and construction phases of the new dam and is not acceptable for use once
the newly constructed dam is approved for operation. Approval of a revised EAP is therefore
required prior to issuing final approval for impoundment of the new dam. To avoid unnecessary
delays it is strongly recommended that the revised EAP be submitted for review well in advance
of the application for approval to impound.
7. An operation and maintenance (O&M) plan is required for all high hazard dams. The O&M plan
should address routine maintenance, frequency of piezometer readings, frequency of inspections
by the owner or the owner's representative, procedures to insure minimum release requirements
are met, annual operation of the bottom drain to ensure that it is functional, and all other related
State of North Carolina I Environmental Quality I Energy, Mineral, and Land Resources
1612 Mail Service Center I Raleigh, North Carolina 27699
919 707 9220 T

Town of Hope Mills Hope Mills Dam #1
Approval to Construct CUMBE-029
May 10, 2016
Page 3 of 3
items necessary for proper operation and maintenance of the dam. The O&M plan must be
received and approved prior to issuance of final written approval for impoundment of the new
dam.
8. No water shall be impounded behind the dam until approval to impound is issued by the Division
of Energy, Mineral, and Land Resources for operation of this dam.
9. 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.
10. You must notify Ms. Lori Britt, Environmental Specialist, Division of Energy, Mineral, and Land
Resources, 225 Green Street, Suite 714, Fayetteville, North Carolina 28301, telephone number
[phone] ten days before the start of construction.
The U.S. 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 permit requirements. In any case,
sediment shall be prevented from entering the waters of the state or flowing onto neighboring
property.
I am enclosing a copy of an Owner's Certification Form and an explanation of the final processing
fee calculation. An additional fee will be required when the engineer's certification is submitted if
the construction cost exceeds $10,001.00. In any event, the cost certification must be completed and
returned with the engineer's certification before an approval to impound can be processed.
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 Ms. Lori Britt in the
Fayetteville Regional Office at telephone number [phone] or the Dam Safety Program in the
Raleigh Central Office at telephone number [phone].
Sinc 1y,
Trac Davis, PE, CPM
Director
TED/whd
Enclosures
cc: Mr. Mark E. Landis, PE, Schnabel Engineering
Mr. Kevin Lugo, PE, MBP Carolinas, Inc.
ec: Ms. Lori Britt, DEMLR - FRO
Mr. Chad Turlington, DWR - FRO
Filename: CUMBE-029_20160510_COAC_Hope Mills Dam #1
State of North Carolina I Environmental Quality I Energy, Mineral, and Land Resources
1612 Mail Service Center I Raleigh, North Carolina 27699
919 707 9220 T

OWNER'S CERTIFICATION
AFFIDAVIT OF ACTUAL COST OF CONSTRUCTION, ENLARGEMENT OR REMOVAL
OF DAM
(COST OF COMPLETED PROJECT)
I . Name of dam
2. County in which dam is located
3. Owner of dam
4. Owner's address
5. Owner's telephone number
6. Authorized representative of owner
(if applicable)
7. Authorized representative's address
(if applicable)
8. Authorized representative's telephone number
(if applicable)
9. Engineer's name
10. Engineer's address
IL . Engineer's telephone number
12. Actual cost of
(Construction, Enlargement or Removal)
of dam: $
13. Additional application processing fee enclosed $
The above information is true and correct to the best of my knowledge and belief and
was provided by me under oath.
Type and print name
Signature
Page 1 of 2
Title of authority
Date

1, , a Notary Public of the County of
in the State of North Carolina, hereby certify that
appeared personally before me this day and being duly
sworn acknowledge that the above form was executed by him/her.
Witness my hand and notarial seal, this day of , 20
Seal Notary
My commission expires
*Attach contractual documentation for project which includes lump sum bid price or unit bid
quantities with prices; all change order items costs, etc. An approval will not be issued if
documentation for the actual cost of construction/enlargement/removal and the additional
application processing fee are not provided.
Rev. 12/20/01
Page 2 of 2

APPLICATION PROCESSING FEES FOR CONSTRUCTION,
ENLARGEMENT OR REMOVAL OF DAM
The 1990 General Assembly authorized in General Statute (G. S.) 143-215.28A the required
payment of application processing fees for the construction of new dams, and for the
enlargement or removal of existing dams. The total fee amount is based on the cost of the
completed project with a Minimum Application Processing Fee of $200.00
The cost of the completed project includes all labor and materials costs associated with the
construction, enlargement or removal of a dam and appurtenances. The cost of the completed
project, however, does not include costs associated with engineering design or quality control
testing, land or right-of-way acquisition, electrical generating machinery, or constructing a
roadway across the darn.
There are two types of fees: (1) the "Minimum Application Processing Fee," and (2) the
"Additional Application Processing Fee." These two types of fees are described below.
The Minimum Application Processing Fee is $200.00. This is an initial review fee and must be
submitted with the application for construction, enlargement or removal of a dam along with a
preliminary estimate of the cost of the completed project. The State's review of an application
will not commence if the Minimum Application Processing Fee is not submitted with the
application.
If the cost of the completed project exceeds $10,001.00, an Additional Application Processing
Fee must be submitted at the completion of the project. The Additional Application Processing
Fee must be submitted along with the dam owner's certification of the cost of the completed
project; the engineer's as -Built plans; and the engineer's certification that the dam and all
appurtenances have been constructed, enlarged or removed in conformance with the approved
plans and specifications.
The Additional Application Processing Fee is based on the cost of the completed project and is
calculated according to the following. percentages:
(a) 2% of the actual costs between $10,001.00 and $100,000.00
(b) 1.5% of the actual costs between $100,001.00 and $500,000.00.
(c) 1% of the actual costs between $500,001.00 and $1,000,000.00
(d) 0.5% of the actual costs over $1,000,000.00.
The maximum Additional Application Processing Fee is $50,000.00.
The Additional Application Processing Fee must be for the exact amount as determined
from the percentages above and must be paid for by check or money order made payable to
NCDENR. DO NOT SEND CASH. If the amount of the Additional Application Processing
Fee remitted is incorrect, it will be returned as unacceptable. An approval to impound will not
be issued until receipt of the required Additional Application Processing Fee and an as -built
inspection by the Division of Land Resources, Land Quality Section determines that the dam is
Page 1

in compliance with the approved plans and specifications. It should be noted that only the
Director of the Division of Land Resources has the authority to issue an approval to impound.
Civil penalties up to $500.00 per day can be assessed or injunctive relief can be sought for dams
impounding prior to issuance of an approval to impound.
Examples for calculation of the Additional Application Processing Fee follow.
ADDITIONAL APPLICATION PROCESSING FEE CALCULATION, EXAMPLE NO. I
Cost of Completed Project = $77,000.00
Additional Application Processing Fee Submitted at Completion of Project is:
2% x ($77,000.00 - $10,001.00) _ $1,339,98
ADDITIONAL APPLICATION PROCESSING FEE CALCULATION EXAMPLE NO.2
Cost of Completed Project = $342,000.00
Additional Application Processing Fee Submitted at Completion of Project is:
2% x ($100,000.00 - $10,001.00)
+ 1.5% x ($342,000.00 - $100,001.00)
_ $1,799.98 + $3,629.99 = $5,429.97
ADDITIONAL APPLICATION FEE CALCULATION EXAMPLE NO.3
Cost of Completed Project = $850,000.00
Additional Application Processing Fee Submitted at Completion of Project is:
2% x ($100,000.00 - $10,001.00)
+ 1.5% x ($500,000.00 - $100,001.00)
+ 1.0% x ($850,000.00 - $500,001.00)
_ $1,799.98 + $5,999.99 + $3,499.99 = $11,299.96
Should you have any questions concerning the calculation of the Additional Application
Processing Fee, please contact the Dam Safety Program staff at telephone number
[phone].
Rev. 10 May 2016
Page 2