20041969 Ver 1_Complete File_20011220

DR. J.H. CARTER III & ASSOCIATES, INC.
Environmental Consultants
P.O. Box 891 • Southern Pines, N.C. 28388
[phone] • Fax [phone]
[e-mail]
5 April 2006 kA - 1
W7 F
Ms. Jennifer Frye
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
P.O. Box 1890 O S
Wilmington, NC 28402-1890
Action ID: 200201248
NCDWQ Project #: 04-1969
Dear Ms. Frye:
D
APR 1 2 2006
I- "I'll
- WATER QUALITY
• 03Atio3TaN'.4ATERMXH'
We would like to inform you that work has been completed on the Town of Carthage's
Water Intake Dam on Nick's Creek in Moore County (Action ID No. 200201248; NCDWQ #
04-1969). The following work has been completed:
• Portions of the earthen dam have been graded and planted in order to prevent erosion and
sedimentation of the impoundment (see attached photos).
• A "Deed of Restrictions" was recorded in Moore County on 6 December 2005,
protecting 35.8 acres owned by the Town of Carthage upstream of the dam as mitigation
for project impacts.
• The water intake structure will remain closed until the Town needs to pump water to the
water treatment plant.
• The rip-rap spillway has been reconfigured into step-down pools to allow fish passage up
and downstream (see attached photos).
• Arrangements with the NC Department of Transportation are being made to install a
staff gauge on the NC Highway 22 bridge downstream of the dam and pump station.
This gauge will be monitored in order to maintain downstream flow.
Please let us know if you have any questions concerning this information.
Endangered Species Surveys 9 Environmental Assessments • Land Management • Wetlands Mapping and Permitting
Sincerely,
611 La4?
Tracy Rush
Senior Biologist
CC: Cyndi Karoly - NC Division of Water Quality
Ken Averitte - NC Division of Water Quality
Carol Cleetwood - Town of Carthage
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Grading and planting complete on earthen dam.
Rip-Rap spillway with fish ladder.
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MEMORANDUM
TO: Ms. Jennifer Frye, Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
Ms. Cyndi Karoly, 401 Oversight and Express Permits Unit !3??0?? n
Division of W ter Quality
au e•,
B AUG 1
2005
ary nt, Pi dmont Region Coordinator
FROM: Shari L.
Habitat Conservation Program war DEN oL, L,ry.
tAR?.SM") STa1MWAT aH BRAk vH
DATE: 8 August 2005
SUBJECT: Additional Information Regarding the Public Notice for Town of Carthage for
Construction of a Water Intake Dam and Impoundment, Moore County, North Carolina.
Action ID No. 200201248, DWQ ID 04-1969
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
additional information. A site visit was conducted on 27 February 2004. Our comments are provided in
accordance with provisions of the Clean Water Act of 1977 (as amended), Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), and North Carolina General Statutes (G.S. 113-131
et seq.).
The applicant has applied for a permit to place fill material into 0.073 acres of jurisdictional
waters and permanently impound 4.49 acres of scrub-shrub, riparian wetlands adjacent to Nicks Creek in
the Cape Fear River basin. These impacts are associated with the construction of a water intake dam and
impoundment. The purpose of the impoundment is to ensure a continuous water supply during drought
conditions. There are records for the federal species of concern and state special concern sandhills chub
(Semotilus lumbee) in the Nicks Creek watershed.
We appreciated the opportunity to meet with the applicant to discuss the proposed project and
measures to minimize impacts to aquatic species and their habitat. As discussed at the meeting, our
concerns include maintaining adequate downstream flow and providing fish passage.
The project has been redesigned. The elevation of the spillway is 193.0 feet, the elevation of the
brick overflow structure that discharges to the Nicks Creek is 193.5 feet, and the elevation of the brick
overflow structure that discharges to the water intake structure is 194.0 feet. The change in elevation for
each of these structures now allows the primary overflow for the impoundment to be through the spillway
;ion of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1
Telephone: [phone] - Fax: [phone]
Page 2
8 August 2005
Town of Carthage - Water Intake Dam and Impoundment
Action ID No. 200201248, DWQ ID 04-1969
(fish passage structure) and overflow structure thereby maintaining downstream flow in the channel
between the dam and water intake structure.
The elevation for the water intake structure is 194.0 feet. The applicant states that the water
intake structure will be fitted with an adjustable weir gate that allows only the permitted 1 MGD to flow
through the intake pipe to the pump station. The weir gate will be opened when the Town needs to pump';
water to the water treatment plant. However, the design allows water to flow through the structure when
water surface elevations exceed 194.0. We would prefer the water intake structure be designed to remain'
completely closed except when the Town needs to withdraw water. However, we would not be opposed
to increasing the elevation of the water intake structure to 198.0 feet. This would allow all flow to be
through the spillway or overflow structure except during high flow events.
The applicant indicates that a staff gauge will be installed at or near NC Highway 22 to establish
a baseline for the 7Q10 flow and mandatory water conservation measures will be implemented when
water level drops below the 7Q10 at the staff gauge. The 7Q10 flow is used to set discharge limits for
National Pollutant Discharge Elimination System (NPDES) water quality permits and does not
necessarily provide adequate stream flow to protect aquatic resources. We feel the implementation of
water conservation measures should be based on minimizing impacts to aquatic habitat as low flow
conditions develop. We reviewed the instream flow study conducted for the Town of Carthage's
proposed increased withdrawal to 1.0 mgd. Based on the data, we feel that implementation of mandatory
water conservation measures when the staff gage drops below the 7Q10 (2.9 cfs) would minimize impacts
to aquatic habitat. We recommend voluntary water conservation measures be implemented when the staff
gage drops below 3.5 cfs and emergency water conservation measures be implemented when the staff
gage drops below 2.0 cfs.
The applicant indicates this water intake will be used to ensure a continuous supply of water
during drought conditions. It is our understanding that a spring fed pond is the Town's primary water
source and when the pond drops below a specified level the Town begins to withdraw water from Nicks
Creek. Under normal conditions 20-30% of the Town's water needs are provided by Nicks Creek. To
further minimize impacts to aquatic habitats in Nicks Creek, we suggest the Town increase the trigger for
water withdrawal from Nicks Creek. For example, if the Town begins to withdraw water from Nicks
Creek when their primary water source has dropped 3 feet, we suggest that perhaps the Town begin to
withdraw water from Nicks Creek when the pond has dropped 1 or 2 feet. Since the Nicks Creek
impoundment is not designed to store water, this would allow the Town to utilize water from Nicks Creek
when flows should be higher. This should minimize impacts to aquatic resources in Nicks Creek and the
frequency the Town would need to implement mandatory water conservation measures.
We appreciate the effort the applicant has put forth to develop and maintain fish passage at the
project. We remain concerned about the potential for stranding fish within the fish passage structure and
potential for subsequent fish kills should water levels drop below the spillway elevation. We recommend
that the applicant frequently monitor the fish passage structure, particularly during low flow periods, to
ensure that fish are not stranded in the pools.
Should the permit be issued, we recommend that the following conditions be incorporated into
the permit to further minimize impacts to fish and wildlife resources.
The water intake structure should be completely closed (i.e., no water should flow through the
water intake structure) except when the Town needs water or the elevation of the water intake
structure should be increased to an elevation of 198 feet. This would maintain downstream flow
Page 3
8 August 2005
Town of Carthage - Water Intake Dam and Impoundment
Action ID No. 200201248, DWQ ID 04-1969
in the channel and provide the maximum amount of flow through the spillway and fish passage
structure.
2. Mandatory water conservation measures should be implemented whenever the staff gauge drops
below 2.9 cfs (7Q10). Voluntary and emergency water conservation measures should be
implemented when the staff gage drops below 3.5 cfs and 2.0 cfs, respectively.
Thank you for the opportunity to review this project. If we can be of further assistance, please
contact our office at [phone].
ec: Howard Hall, FWS
Fred Tarver, DWR
I
0? W A r???G
o ?
The Town of Carthage
C/o Ms. Carol Cleetwood, Town Manager
4396 US Highway 151501
Town Hall
Carthage, NC, 28327
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 12, 2005
Re: Town of Carthage Nicks Creek Impoundment and Water Intake Dam,
Moore County
DWQ #04-1969; USACE Action ID. No. 200201248
APPROVAL of 401 Water Quality Certification
Dear Ms. Cleetwood:
Attached hereto is a copy of Certification No. 3523 issued to The Town of Carthage, dated August 8,
2005, 2005. In addition, you should get any other federal, state or local permits before you go ahead with
your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam
Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
(_IrZA?4
Alan W. Klimek, P.E.
AWK/cbk
Attachments: Certificate of Completion
cc: U.S. Army Corps of Engineers, Wilmington Regulatory Field Office
Wilmington District, USACOE
Ken Averitte, DWQ, Fayetteville Regional Office
DLR Fayetteville Regional Office
File Copy
Central Files
Shari Bryant, Wildlife Resources Commission, 1721 MSC, Raleigh, NC, 27699-1721
John Sutherland, DWR, 1611 MSC, Raleigh, NC, 27699-1611
Dr. J.H. Carter & Associates, P.O. Box 891, Southern Pines, NC, 28388
Filename: 041969Carthage(Moore)401
Noog'AhCarolina
401 Oversight/Express Review Permits Unit atuCally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone]/ Internet: htto://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
i
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Town of Carthage Water Intake Dam
Page 2 of 5
August 12, 2005
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 211, Section .0500 to The Town of Carthage to discharge fill material into 0.073
acre of Waters of the United States and to permanently impound 4.49 acres of jurisdictional wetlands in the
Cape Fear River Basin, associated with the construction of Town of Carthage Water Intake Dam and
Impoundment in Moore County, North Carolina, pursuant to an application filed on the 22nd day of
November of 2004, and in additional correspondence received January 3, May 12 and July 1, 2005.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 211 .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved nits Plan Location or Reference
404/CAMA Wetlands 4.49 (acres) Corps of Engineers Public
Notice
Waters 0.073 (acres) Corps of Engineers Public
Notice
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
Town of Carthage Water Intake Dam
Page 3 of 5
August 12, 2005
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/40 1 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
Continuing Compliance:
5. The Town of Carthage shall conduct construction activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal
law. If the Division determines that such standards or laws are not being met (including the
failure to sustain a designated or achieved use) or that State or federal law is being violated, or
that further conditions are necessary to assure compliance, the Division may reevaluate and
modify this Certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
Certification, the Division shall notify The Town of Carthage and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide
opportunity for public hearing in accordance with 15A NCAC 211.0504. Any new or revised
conditions shall be provided to The Town of Carthage in writing, shall be provided to the United
States Army Corps of Engineers for reference in any Permit issued pursuant to, Section 404 of the
Clean Water Act, and shall also become conditions of the 404 Permit for the project;
Other conditions:
6. The water intake structure shall be completely closed (i.e., no water should flow through the water
intake structure) except when the Town needs water, or the elevation of the water intake structure
should be increased to an elevation of 198 feet. This would maintain downstream flow in the channel
and provide the maximum amount of flow through the spillway and fish passage structure.
7. The use of an adjustable weir to control the amount of water entering the water supply pipeline shall
be acceptable if the Town of Carthage limits the flow of water in the water supply pipeline linking the
impoundment to the downstream water intake structure to an instantaneous flow rate not to exceed
one million gallons per day (mgd), or 1.546 cubic feet per second (cfs) at those times it is
withdrawing water. At other rimes, the weir shall be set at least five (5) feet above the elevation of
the fish passage weir. For the first five years of operation, the Town will notify the Division of Water
Town of Carthage Water Intake Dam
Page 4 of 5
August 12, 2005
Quality and Division of Water Resources (DWR) whenever this pipe is used for water supply
purposes and provide these agencies with the following information:
1) Dates of use of this pipe, i.e., beginning and ending dates, and
2) The daily flows in Nicks Creek as measured at a downstream gage (see next
condition) on the days that the pipe is used.
After the initial five-year period, the agencies will determine if this notification requirement will
remain in effect or is no longer necessary.
9. The Town of Carthage shall install, calibrate and maintain a stream staff gage downstream of its run-
of-river withdrawal following procedures described in U.S. Geological Survey Water Supply Paper
2175, "Measurement and Computation of Streamflow." ( http://water.usgs.gov/pubs/wsp/Nvsp2l75_?
Plans for the staff gage shall be submitted to the Department for approval prior to installation. The
staff gage shall be calibrated to indicate the water surface elevations that correspond to drought
trigger flows and any other designated flows of interest.
10. The Town of Carthage shall establish the elevation of the fish passage weir at elevation 193.0 feet
and the elevation of the water release structure at elevation 193.5 feet.
11. The Town of Carthage shall coordinate with resource agencies concerning any planned alterations of
the water-controlling elevations. The Town shall also contact resource agencies of any unplanned
alterations of the water-controlling elevations.
12. The Town of Carthage shall incorporate the following as part of the Town's Water Shortage
Response Plan:
When the Town of Carthage is pumping water from Nicks Creek,
a) If the instantaneous flow in Nicks Creek, as measured at the established gage below the run-
of-river intake, drops to 3.0 cfs or below for a period of 7 days, then the Town of Carthage shall
declare a water shortage advisory, if not already declared. A "water shortage advisory" shall
mean that Town of Carthage water users will implement voluntary water conservation measures.
b) If the instantaneous flow in Nicks Creek, as measured in the established gage below the run-
of-river intake, drops to 2.4 cfs or below for a period of 5 days, then the Town of Carthage shall
declare a water shortage alert, if not already declared. A "water shortage alert" shall mean that
Town of Carthage water users will implement mandatory water conservation measures.
c) If the instantaneous flow in Nicks Creek, as measured at the established gage below the run-
of-river intake, drops to 1.5 cfs or below for a period of 3 days, then the Town of Carthage shall
declare a water shortage emergency, if not already declared. A "water shortage emergency" shall
mean that Town of Carthage must seek to import water from sources other than Nicks Creek.
13. As part of an adaptive management strategy for Nicks Creek, if there is a decline in its
bioclassification rating, as determined by DWQ, then the above drought triggers may need to be re-
examined.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
r . Town of Carthage Water Intake Dam
Page 5 of 5
August 12, 2005
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 12th day of August 2005
DIVISION OF WATER QUALITY
/Irl Alan W. Klimek, P.E.
AWK/cbk
Individual Certification No. 3523
® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Ms. Jennifer Frye, Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
Ms. Cyndi Karoly, 401 Oversight and Express Permits Unit
Division of Water Quality
FROM: Shari L. Bryant, Piedmont Region Coordinator
Habitat Conservation Program
DATE: 8 August 2005
SUBJECT: Additional Information Regarding the Public Notice for Town of Carthage for
Construction of a Water Intake Dam and Impoundment, Moore County, North Carolina.
Action ID No. 200201248, DWQ ID 04-1969
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
additional information. A site visit was conducted on 27 February 2004. Our comments are provided in
accordance with provisions of the Clean Water Act of 1977 (as amended), Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), and North Carolina General Statutes (G.S. 113-131
et seq.).
The applicant has applied for a permit to place fill material into 0.073 acres of jurisdictional
waters and permanently impound 4.49 acres of scrub-shrub, riparian wetlands adjacent to Nicks Creek in
the Cape Fear River basin. These impacts are associated with the construction of a water intake dam and
impoundment. The purpose of the impoundment is to ensure a continuous water supply during drought
conditions. There are records for the federal species of concern and state special concern sandhills chub
(Semotilus lumbee) in the Nicks Creek watershed.
We appreciated the opportunity to meet with the applicant to discuss the proposed project and
measures to minimize impacts to aquatic species and their habitat. As discussed at the meeting, our
concerns include maintaining adequate downstream flow and providing fish passage.
The project has been redesigned. The elevation of the spillway is 193.0 feet, the elevation of the
brick overflow structure that discharges to the Nicks Creek is 193.5 feet, and the elevation of the brick
overflow structure that discharges to the water intake structure is 194.0 feet. The change in elevation for
each of these structures now allows the primary overflow for the impoundment to be through the spillway
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
Page 3
8 August 2005
Town of Carthage - Water Intake Dam and Impoundment
Action ID No. 200201248, DWQ ID 04-1969
in the channel and provide the maximum amount of flow through the spillway and fish passage
structure.
Mandatory water conservation measures should be implemented whenever the staff gauge drops
below 2.9 cfs (7Q10). Voluntary and emergency water conservation measures should be
implemented when the staff gage drops below 3.5 cfs and 2.0 cfs, respectively.
Thank you for the opportunity to review this project. If we can be of further assistance, please
contact our office at [phone].
ec: Howard Hall, FWS
Fred Tarver, DWR
North Carolina
&I f r 70
Department of Environment and Natural
Division of Water Resources
Michael F. Easley, Governor
August 2, 2005
MEMORANDUM
TO: Cyndi Karoly,
Division of Water
FROM: John Sutherland, Chief
Water Projects Section
SUBJECT: Town of Carthage Nicks Creek Water Withdrawal Impoundment
Resources
William G. Ross Jr., Secretary
John Morris, Director
The Division of Water Resources (DWR) provides the following comments for the 404/401 permits for the
Town of Carthage's water supply weir and intake on Nicks Creek, upstream of Highway 22. Based on
additional analysis of a previous instream flow incremental methodology (IFIM) study and a stakeholder
meeting on June 13, 2005, DWR concludes that the project will not have a significant impact on downstream
aquatic habitat if the following conditions are met.
Y The use of an adjustable weir to control the amount of water entering the water supply pipeline is
acceptable if the Town of Carthage limits the flow of water in the water supply pipeline linking the
impoundment to the downstream water intake structure to an instantaneous flow rate not to exceed one
million gallons per day (mgd), or 1.546 cubic feet per second (cfs) at those times it is withdrawing
water. At other times, the weir will be set at least five (5) feet above the elevation of the fish passage
weir. For the first five years of operation, the Town will notify the Division of Water Quality (DWQ)
and DWR whenever this pipe is used for water supply purposes and provide these agencies with the
following information:
1) Dates of use of this pipe, i.e., beginning and ending dates, and
2) The daily flows in Nicks Creek as measured at a downstream gage (see next condition) on
the days that the pipe is used.
After the initial five-year period, the agencies will determine if this notification requirement will remain
in effect or is no longer necessary.
• The Town of Carthage will install, calibrate and maintain a stream staff gage downstream of its run-of-
river withdrawal following procedures described in U.S. Geological Survey Water Supply Paper 2175,
"Measurement and Computation of Streamflow."' Plans for the staff gage shall be submitted to the
1 littp://N,,,,iter.tisgs.gov/ptibs/t%,sp/N?-sp2l75/
One
1611 Mail Service Center, Raleigh, North Carolina 27699-1611 NorthCarolina
Phone: [phone] FAX: [phone] Internet: www.ncwater.org )TWIM111?
An Equal Opportunity / Affirmative Action Employer - 50 % Recycled 110 % Post Consumer

August 2, 2005 Memorandum to Cyndi Karoly Regarding Nicks Creek Impoundment
Page 2
Department for approval prior to installation. The staff gage shall be calibrated to indicate the water
surface elevations that correspond to drought trigger flows and any other designated flows of interest.
o The Town of Carthage will establish the elevation of the fish passage weir at elevation 193.0 feet and
the elevation of the water release structure at elevation 193.5 feet.
o The Town of Carthage will coordinate with resource agencies concerning any planned alterations of the
water-controlling elevations. The Town will also contact resource agencies of any unplanned
alterations of the water-controlling elevations.
The Town of Carthage should incorporate the following as part of the Town's Water Shortage
Response Plan:
When the Town of Carthage is pumping water from Nicks Creek,
(1) If the instantaneous flow in Nicks Creek, as measured at the established gage below the run-
of-river intake, drops to 3.0 cfs or below for a period of 7 days, then the Town of Carthage
will declare a water shortage advisory Z, if not already declared.
(2) If the instantaneous flow in Nicks Creek, as measured in the established gage below the
run-of-river intake, drops to 2.4 cfs or below for a period of 5 days, then the Town of
Carthage will declare a water shortage alert3, if not already declared.
(3) If the instantaneous flow in Nicks Creek, as measured at the established gage below the
run-of-river intake, drops to 1.5 cfs or below for a period of 3 days, then the Town of
Carthage will declare a water shortage emergency, if not already declared.
As part of an adaptive management strategy for Nicks Creek, if there is a decline in its bioclassification
rating, as determined by DWQ, then the above drought triggers may need to be re-examined.
2A "Nvater shortage advisory" shall mean that Toi n of Carthage water users will implement voluntary
water conservation measures.
3A "water shortage alert" shall mean that Town of Carthage water users will implement mandatory
water conservation measures.
4A "water shortage emergency" shall mean that Town of Carthage must seek to import water from
sources other than Nicks Creck.
cc: Fred Tarver, Jim Mead and Woody Yonts - DWR
Shari Bryant, WRC
Howard Hall, USFWS
Bill Lester, Hobbs & Upchurch Engineers
Carol Cleetwood, Carthage Town Manager
Re: Town of Carthage, DWQ project #04-1969, Moore Co, Nicks Cre...
Subject: Re: Town of Carthage, DWQ project #04-1969, Moore Co, Nicks Creek Dam
From: Cyndi Karoly <[e-mail]>
Date: Fri, 22 Jul 2005 14:22:02 -0400
To: Shari Bryant <[e-mail]>
Shari - I'm going to table this file until you have a chance to have your
conversation with Tracy. Hopefully you guys can reach concurrence. Please advise me
of the resolution.
Shari Bryant wrote:
Cyndi,
I have reviewed the additional information and discussed the project with
several of our staff. We still have a couple of questions and concerns. I
tried to contact Tracy Rush today, but she is out of the office until
Monday, July 25.
Basically, my primary concern is with the adjustable weir gate on the water
intake structure. WRC would prefer all downstream flow to be through the
spillway (fish passage structure) or overflow pipe except for the permitted
1 mgd which would flow through the water intake structure. Therefore, we
feel the water intake structure should be fitted with a device (e.g., valve)
that is calibrated to allow 1 mgd to flow through the pipe and this device
is open only when the Town needs water. The design as it appears in the
information provided suggests that water will flow through the water intake
structure when water surface elevations exceed 194 feet. Prior to
submitting my final comments on the project, I would like to discuss with
Tracy whether the water intake structure can be designed to be closed except
when the Town needs water or if there is a reason it was designed to release
water when water surface elevations exceed 194 feet.
Shari L. Bryant
N.C. Wildlife Resources Commission
P.O. Box 129
Sedalia, NC 27342-0129
336.449.7625
brvants5aearthlink.net
-----Original Message-----
From: Cyndi Karoly [mailto:cyndi.karolycncmail.net] Sent: Wednesday, July 13, 2005
4:19 PM
To: Fred Tarver; Shari Bryant
Cc: ken.averittegncmail.net
Subject: Town of Carthage, DWQ project 404-1969, Moore Cc, Nicks Creek Dam
Fred and Shari - I am in receipt of revised application materials dated June 29,
2005 from J.H. Carter & Associates with respect to this ongoing application. They
have duly included you on the cc: list for this material. Once you have had a
chance to review it, please e-mail your comments so that we can incorporate any
conditions you might recommend for the 401. Also please advise if there are still
show-stoppers from your perspective. Thanks.
1 of 1 7/22/2005 2:22 PM
Re: Town of Carthage, DWQ project #04-1969, Moore Co, Nicks Cre...
Subject: Re: Town of Carthage, DWQ project #04-1969, Moore Co, Nicks Creek Dam
From: Fred Tarver <[e-mail]>
Date: Tue, 19 Jul 2005 15:17:39 -0400
To: Cyndi Karoly <[e-mail]>
CC: Shari Bryant <[e-mail]>, [e-mail], John Sutherland
<[e-mail]>, "Mead, Jim" <[e-mail]>
Cyndi,
Here's an update.
The big holdup right now is the establishment of drought triggers for water use
restrictions based on flows in Nicks Creek. We have been waiting on the town to
provide us a draft ordinance that they can adopt and that we can include with our
comments. Woody Yonts is working with the town and the consultant to accomplish this
ASAP.
Item 1 states that "elevation of the spillway will be lower than the overflow
structure and the intake structure." If these are permanent elevations then this
means that the town would be the first to suffer when water elevation drops. I don't
think this is the situation because Item 2 mentions an adjustable weir gate.
Item 2 states that "weir gate will only be opened when the Town needs to pump water
to the water treatment plant." However, the accompanying drawing states that "water
will normally flow over the spillway, with the overflow structure and intake feed
structure providing high level flow discharge." The drawing also shows the adjustable
weir set at a "normal overflow" of 194 feet, one-half foot above the overflow pipe
and one foot above the spillway. I'll leave it to the resource agencies to determine
if one foot spread over an undetermined width of spillway is an adequate flow. In our
meeting we expressed an interest in a valve on the water intake pipe so that all
flows would pass down the natural channel except when flows got so low that
withdrawal was threatened at the downstream intake structure. If the town is
proposing an adjustable weir gate, a more detailed drawing is required in order to
make an informed decision.
I'll be in contact with the consultant concerning the weir and also about placement
and calibration of the gage.
Let me know if you have any questions.
Fred
Cyndi Karoly wrote:
Fred and Shari - I am in receipt of revised application materials dated June 29,
2005 from J.H. Carter & Associates with respect to this ongoing application. They
have duly included you on the cc: list for this material. Once you have had a
chance to review it, please e-mail your comments so that we can incorporate any
conditions you might recommend for the 401. Also please advise if there are still
show-stoppers from your perspective. Thanks.
Fred R. Tarver, III <[e-mail]>
Environmental Specialist I
N.C. Department of Environment & Natural Resources
Division of Water Resources
1 of 1 7/19/2005 3:42 PM
carthage letter
Subject: carthage letter
From: Ken Averitte <[e-mail]>
Date: Mon, 11 Jul 2005 14:20:37 -0400
To: Cyndi Karoly <[e-mail]>
Cyndi,
I read J. Carter's letter dated June 29 about the proposals for the Carthage intake
structure.
It sounds like he is agreeing to do what was asked in the meeting. I don't know if
there's an application floating around on this or not. If there is, I have no
objections to them doing the work as proposed in his letter.
Let me know if you need some kind of regional office comment beyond this e-mail.
thanks
Ken
1 of 1 7/12/2005 12:51 PM
;?
??
DR. J.H. CARTER III & ASSOCIATES, INC.
Environmental Consultants
P.O. Box 891 • Southern Pines, N.C. 28388
[phone] • Fax [phone]
[e-mail]
29 June 2005
Cyndi Karoly
401 Oversight and Express Permits Unit
N.C. Division of Water Quality
2321 Crabtree Blvd.
Raleigh, NC 27604
Dear Ms. Karoly:
+,}ly
JUL 1
.:a;? JAL',....,, ,,?.,.;:, ,•.??i
Based on the agency meeting held on 13 June 2005, we are proposing the following
modifications to the Carthage Water Intake Dam (Action ID No. 200201248):
1. In order to address downstream flow issues, the elevation of the overflow structure and water
intake pipe will be modified such that the rip-rap spillway will contain the main flow of Nick's
Creek. The elevation of the spillway will be lower than the overflow structure and the intake
structure (see attached figure). This will ensure that the spillway and stream reach between the
dam and the water intake will not be dewatered except under extreme drought conditions.
2. The water intake structure will be fitted with an adjustable weir gate that allows only the
permitted 1 MGD to flow through the intake pipe to the pump station. The weir gate will only
be opened when the Town needs to pump water to the water treatment plant.
3. A staff gauge will be installed at or near NC Highway 22 and monitored to establish a baseline
for the 7Q10 flow. When the water level drops below the 7Q10 at this location the Town will
implement mandatory water conservation measures.
4. The proposed reconfiguration of the spillway to allow fish passage will ensure that water will
be maintained within the pools. This will be accomplished through various sized rip-rap and
will be monitored after construction and reconfigured as necessary to ensure pool formation.
After further analysis, the NC Division of Water Resources has determined that minimum flow
will not be significantly impacted by the proposed project and that a reservoir model was not
necessary.
Endangered Species Surveys • Environmental Assessments • Land Management • wetlands Mapping and Permitting
Please let us know if you have any additional questions.
Sincerely,
Tray Rush
Senior Biologist
Cc: Jennifer Frye - US Army Corps of Engineers
Fred Tarver - NC Division of Water Resources
Howard Hall - US Fish and Wildlife Service
Shari Bryant - NC Division of Wildlife Resources
Ken Averitte - NC Division of Water Quality
Carol Cleetwood - Town of Carthage
Bill Lester - Hobbs, Upchurch & Associates, Inc.
Endangered Species Surveys • Environmental Assessments • Land Management • Wetlands Mapping and Permitting
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Nicks Creek, Town of Carthage Water Supply 1l3/d)
0
Sub'ect: Nicks Creek Town of Carthage Water Supply
Date: Fri, 10 Jun 2005 17:52:40 -0400
From: Jim Mead <[e-mail]> !f-m ce
To: "Bryant, Shari" <[e-mail]>, "Hall, Howard" <[e-mail]>,
"Karoly, Cyndi" <[e-mail]>,
"Sutherland, John" <[e-mail]>,
"Tarver, Fred" <[e-mail]>, "Yonts, Woody" <[e-mail]>,
"Reeder, Tom" <[e-mail]>
I've been working with Fred Tarver to prepare for the meeting on 6/13/05
regarding the 401 certification for the water supply dam constructed on
Nicks Creek by the Town of Carthage. The capacity of their withdrawal
is not being changed from what is presently allowed, but they will have
the capability of taking water from the impoundment instead of directly
from the creek, plus use of a small amount of storage during low inflow
periods. Additional description of our aquatic habitat analysis is
included later in this email.
After discussing with John Sutherland and Fred Tarver there are some key
issues/operating conditions we would like to focus on at the 6/13/05
meeting for potential inclusion in the 401 certification.
1. As feasible, only operate the "bypass pipe" that feeds water from
the impoundment to the water supply intake when flows are low enough to
cause problems for the direct intake of water from the creek at the
downstream location. This will help maintain flows in the short stretch
of Nicks Creek between the dam and the water supply intake. Establish
an indicator (water elevation at the water supply intake on the creek?)
for when to operate the bypass pipe.
2. Establish triggers that require the Town to reduce water supply
withdrawals by first 10% and then an additional 10% (total of 20%) as
water availability in Nicks Creek decreases. This is consistent with
the rules (15A NCAC 2K.0502) approved by the EMC in 1994 for use in dam
safety permits for water supply reservoirs. This approach is to "share
the pain" of water shortages by reducing both offstream uses and
instream flows. Language should be included that allows triggers for
withdrawal reductions and use of the bypass pipe to be adjusted after
more experience is gained in operating the system.
3. Include requirements for gaging monitor flows and so the Town knows
when to trigger reductions in withdrawals. See section .0504 of the dam
safety rules for gaging criteria. Along with gaging there should be a
reporting requirement for whenever the triggers for water use reduction
are invoked.
4. Since this is primarily a skimming operation with very limited
storage, a continuous minimum flow may not be practical. There is
virtually no storage for flow augmentation. Reductions in water supply
withdrawals are not feasible beyond a point, and without storage
skimming withdrawals will eventually reduce flows below a minimum flow
requirement during severe droughts. Depending on how the bypass pipe
from the impoundment to the water supply intake will be operated, it may
be desirable to have a minimum flow maintained at the dam (although this
may not be needed depending on how point #1 above is resolved). Based
on the site specific analysis of aquatic habitat versus flow, a
discharge of 5 cfs would maintain instream habitat at acceptable
levels. This minimum flow requirement - at the dam - could be included
in the 401 certificate in the event that the bypass pipe will be used
more often than during low flow periods. It would be cut back in stages
during drought - and these reductions would coincide with the reductions
1 of 3 6/13/2005 8:50 AM
Nicks Creek, Town of Carthage Water Supply
in water withdrawals in point #2 above.
5. If a flow to maintain aquatic habitat is included in the 401
certification it should be based on the IFIM study of aquatic habitat
and flows - rather than referencing the 7Q10 drought flow statistic for
wastewater assimilation. In 1994 the chief of the Water Quality.Section
provided written comments to the EMC during the public hearing process
for establishing flows to maintain aquatic habitat under the NC dam
safety law. He stated: "The 7Q10 criterion is used to determine both a
critical low flow under which water quality standards must be maintained
and a frequency of occurrence of, on average, only once in a 10-year
period. Maintaining a minimum flow equal to the 7Q10 for extended
periods of time does not satisfy the assumption that this critical low
flow condition will occur only rarely, thereby exposing aquatic life to
critical conditions for-longer periods of time and at a higher frequency
than assumed to occur for the protection of water. quality standards and
the maintenance and propagation of aquatic life."
Further Background on Aquatic Habitat Analysis for Nicks Creek:
DWR completed analysis of the expansion of the Town's withdrawal
capacity from 0.5 mgd to 1.0 mgd in early 2001. The analysis was based
on an Instream Flow Incremental Method (IFIM) study conducted on Nicks
Creek, and a monthly habitat duration analysis using a stream flow
record ratioed by drainage area from the USGS.gage on the Little River
at Linden (1928 to 1971). This gage has a much larger drainage area
than Nicks Creek, but the yields (cfs per square mile for annual
average, 30Q2 and 7Q10 flows) are very similar. The results of this
analysis indicated that it was acceptable for the Town to skim up to 1.0
mgd (1.5 cfs) on a continual basis. This amount is roughly 50% of the
7Q10 flow at the site. Habitat duration analysis indicated that impacts
to habitat were not significant because flows so seldom dropped to this
low level. The species that showed the greatest effect (redbreast
sunfish adult life stage) showed about a 10% reduction in habitat during
the driest month of the year, with other months experiencing less
impact.
The new dam raised additional questions with regards to downstream flows
and aquatic habitat. One question had to do with the potential for
regulation of downstream flows (flattening of the hydrograph). Because
of the small amount of storage, we concluded that the dam will continue
to operate as a run of river skimming withdrawal except during periods
of very low inflow. During these periods, the amount of storage is so
small that effects on downstream flows due to regulation will be of very
short duration. Storage will be exhausted in less than a week and
refill quickly when inflows increase.
Since we completed the original IFIM study, we have expanded our
database of habitat preference information to include several species
that were not analyzed in 2001. We originally evaluated various life
stages of redbreast sunfish, pickerel, and aquatic macroinvertebrates.
In response to the new dam we also analyzed four species that represent
the guild of fish that use shallow, slow water - redbreast sunfish
spawning, silver redhorse young of year, bluehead chub young of year,
and a generic shallow, slow guild criteria. We also analyzed adult
margined madtom to represent fish that use swifter shallow water. The
results of this analysis again indicate that a continuous withdrawal of
1.0 mgd is acceptable.
We also tried running flows from a different gage - Flat Creek at
Inverness - through the habitat duration analysis. This gage is closer
in drainage area to Nicks Creek and has flow records from 1968 through
2004. It was not used originally because its yields per square mile are
higher than Nicks Creek, but we decided to try it this time in order to
2 of 3 6/13/2005 8:50 AM
Nicks Creek, Town of Carthage Water Supply
include flow data from the severe drought in the late 90's through
2002. Results of this analysis are in line with the others - and in
fact show less impact on the same species due to higher flow yields.
If bypass operation makes a minimum flow requirement at the dam
necessary, a release of 5 cfs would limit reductions in downstream
aquatic habitat to 20% or less ( based on historic habitat duration for
the species most responsive to changes in flow at this site - adult
redbreast sunfish).
3 of 3 6/13/2005 8:50 AM
[Fwd: Re: Nick's Creek Dam - Carthage Water]
Subject: [Fwd: Re: Nick's Creek Dam - Carthage Water]
From: John Dorney <[e-mail]>
Date: Mon, 06 Jun 2005 09:49:09 -0400
To: Fred Tarver <[e-mail]>
CC: Cyndi Karoly <[e-mail]>
Fred - i am sorry that i will not be able to attend this meeting. i STRONGLY urge
you to find a suitable compromise to resolve this project. this one has been going
on way too long and i plan to issue it soon after your meeting. i personally believe
that the file is complete and the project could be issued today but have deferred to
let DWR and the City try to resolve the remaining issues. you will note that this
email has not been sent to the city or their consultant so as not to undercut any of
your efforts to reach a compromise. i'll be in the field on June 13 but once i get
back, Cyndi and i will confer and issue the 401 Certification. please let us know how
the meeting goes. thankx
Subject: Re: Nick's Creek Dam - Carthage Water
From: "trush" <[e-mail]>
Date: Wed, 1 Jun 2005 13:21:26 -0400
To: "John Dorney" <[e-mail]>
Yes, Fred Tarver with DWR will be there and hopefully we can resolve their issues.
Sorry we won't get to see you - glad to hear you're staying with DWQ!
----- Original Message ----- From: "John Dorney" <John.DorneyOncmail.net>
To: "trush" <trushGjhcarterinc.com>
Cc: "Ken Averitte" <Ken.AveritteGncmail.net>; "Bill Lester"
<BLesterohobbsupchurch.com>; "Howard Hall" <Howard [e-mail]>; "Shari Bryant"
<bryants50earthlink.net>; "Frye, Jennifer S SAW"
<[e-mail]>; "Cyndi Karoly" <cyndi.karoly0=mail.net>
Sent: Wednesday, June 01, 2005 1:16 PM
Subject: Re: Nick's Creek Dam - Carthage Water
i cannot attend. i think the main issues involve the Division of Water Resources
comments. will they be there?
trush wrote:
To All:
For those of you that can attend, the meeting pertaining to th Nick's Creek
Dam for the Town of Carthage's Water Intake is scheduled for Monday June 13th
at 10:00 am in the 11th floor conference room of the Archdale Bui ing 1
Raleigh. If you have any questions prior to that date please let me know.
Thank you for your cooperation.
Tracy Rush
Senior Biologist
Dr. J.H. Carter III & Associates, Inc.
[phone]
Re: Nick's Creek Dam - Carthage Water Content-Type: message/rfc822
1 of 2 6/6/2005 9:50 AM
Nicks Creek - Habitat Duration for Redbreast Sunfish Adult - September
100%
90%
80%
d 70%
a
d
W 60%
0
d 50%
R
rr
LU 40%
E
F-
30%
20%
10%
0%
----------------------------------------------------------------------------- -------------------------
------ '---------------- -
-------------------- -------------------- -------- ------------- --- -----------
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
---------------------------------------------------------------------------------------------------------------------- -------------------- ----------------------------------------
2000 2500 3000 3500 4000 4500 5000 5500 6000 6500 7000
WUA
-?- NATURAL -a-1 MGD WITHDRAWAL
Nicks Creek, Carthage F-%-) S/A
Percentage change in Index C, Based on Daily flows ??
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
JAN
FEB
MAR
APR
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DEC
RBSS RBSA) RBSA usin Flat Creek SRHYW
Natural 1 m d % dif Natural 1 m d % dif Natural 1 m d % dif Natural 1 m d % dif
5240 5243 0.1% 6486 6443 -0.7% 6552 6555 0.0% 5155 5192 0.7%
5088 5102 0.3% 6516 6490 -0.4% 6552 6554 0.0% 4897 4919 0.4%
5092 5120 0.5% 6547 6540 -0.1% 6552 6553 0.0% 4882 4924 0.9%
5234 5245 0.2% 6547 6531 -0.2% 6553 6552 0.0% 5145 5187 0.8%
5436 5423 -0.2% 6243 6051 -3.1% 6546 6536 -0.2% 5867 5931 1.1%
5483 5376 -2.0% 5696 5268 -7.5% 6525 6494 -0.5% 6405 6479 1.2%
5429 5264 -3.0% 5496 5008 -8.9% 6513 6472 -0.6% 6307 6351 0.7%
5391 5195 -3.6% 5580 5132 -8.0% 6490 6446 -0.7% 6022 6042 0.3%
5362 5061 -5.6% 5285 4731 -10.5% 6542 6521 -0.3% 6278 6256 -0.4%
5384 5133 -4.7% 5347 4805 -10.1% 6555 6548 -0.1% 6282 6287 0.1%
5469 5434 -0.6% 6089 5815 -4.5% 6559 6562 0.0% 6012 6070 1.0%
5375 5372 -0.1% 6374 6257 -1.8% 6555 6557 0.0% 5559 5604 0.8%
SRHYV BLUY SHSLO MTOMA
Natural 1 m d % dif Natural 1 m d % dif Natural 1 m d % dif Natural 1 m d % dif
4498 4524 0.6% 1368 1418 3.7% 724 726 0.3% 1037 1037 0.0%
4306 4322 0.4% 1121 1146 2.2% 721 721 0.0% 1029 1029 0.0%
4295 4327 0.7% 1090 1130 3.7% 720 721 0.1% 1029 1030 0.1%
4490 4520 0.7% 1354 1405 3.8% 724 726 0.3% 1037 1038 0.1%
4971 5011 0.8% 1983 2009 1.3% 846 875 3.4% 1128 1159 2.7%
5299 5334 0.7% 2185 2197 0.5% 1167 1278 9.5% 1451 1548 6.7%
5232 5239 0.1% 2097 2110 0.6% 1168 1270 8.7% 1453 1536 5.7%
5067 5052 -0.3% 2043 2063 1.0% 928 980 5.6% 1219 1256 3.0%
5223 5156 -1.3% 2169 2191 1.0% 1066 1156 8.4% 1349 1394 3.3%
5223 5181 -0.8% 2134 2167 1.5% 1106 1202 8.7% 1389 1434 3.2%
5062 5094 0.6% 2054 2071 0.8% 908 951 4.7% 1194 1240 3.9%
4776 4804 0.6% 1790 1824 1.99/. 753 763 1.3% 1056 1063 0.7%
Page 2
27 May 2005
Town of Carthage - Water Intake Dam and Impoundment
Action 1D No. 200201248
past it has been rated Good. The plan noted there is a newly constructed dam and rip-rap channel above
the benthic community sampling site and that benthic and fish community sites may have been negatively
impacted by construction and maintenance of the dam. We recognize that in addition to the proposed
project, there are additional impacts within the watershed: a golf course irrigation withdrawal from
Juniper Branch, a tributary to Nicks Creek upstream of the impoundment; it appears that Town of
Carthage may have increased their water supply withdrawal in Nicks Creek from 0.5 mgd to 1.0 mgd; and
there was a severe drought in 2002. Cumulative impacts from each of these may affect benthic and fish
communities in Nicks Creek. Therefore, we feel it is important to ensure that any potential impacts to
aquatic resources in Nicks Creek from the proposed project are fully addressed and minimized.
® North Carolina Wildlife Resources Commission ®I
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Ms. Jennifer Frye, Wilmington Regulatory Field Office
U. .Army Corps of Engineers
FROM: S li L.L. BVanbt,Pit Region Coordinator
Habitat Conservation Program
DATE: 27 May 2005
SUBJECT: Additional Information for Public Notice for Town of Carthage for Construction of a
Water Intake Dam and Impoundment, Moore County, North Carolina. Action ID No.
200201248
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
subject document. A site visit was conducted on 27 February 2004. Our comments are provided in
accordance with provisions of the Clean Water Act of 1977 (as amended), the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), and North Carolina General Statutes
(G.S. 113-131 et seq.).
The applicant has applied for a permit to place fill material into 0.073 acres of jurisdictional
waters and permanently impound 4.49 acres of scrub-shrub, riparian wetlands adjacent to Nicks Creek in
the Cape Fear River basin. These impacts are associated with the construction of a water intake dam and
impoundment. The purpose of the impoundment is to ensure a continuous water supply during drought
conditions.
There are records for the federal species of concern and state special concern sandhills chub
(Semotilus lumbee) in the Nicks Creek watershed. Generally, we hesitate to concur with the construction
of dams on streams due to the potential for downstream stream bed erosion and degradation caused by
outfall waters that are relatively free of sediment (Kondolf 1997), and impounding aquatic resources will
remove their natural functionality and will likely result in vegetation shifts and water quality modification
with concomitant changes in wildlife and fish species compositions. Additionally, water withdrawals and
changes in downstream flow could affect the abundance and availability of aquatic and fisheries habitat
downstream of the impoundment.
We appreciate the applicant forwarding the additional information regarding the proposed project.
While it was very helpful in our review, we continue to have several questions and concerns regarding
downstream flows and aquatic fish passage. The draft Cape Fear Basimvide Water Quality Plan (March
2005) indicates that the benthic community in Nicks Creek recently received a rating of Good-Fair, in the
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
A FF
T09
® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Ms. Jennifer Frye, Wilmington Regulatory Field Office
U. . Army..C?or?ps of Engineers
FROM: S `i La Bryant( Comont Region Coordinator
Habitat Conservation Program
DATE: 27 May 2005
SUBJECT: Additional Information for Public Notice for Town of Carthage for Construction of a
Water Intake Dam and Impoundment, Moore County, North Carolina. Action ID No.
200201248
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
subject document. A site visit was conducted on 27 February 2004. Our comments are provided in
accordance with provisions of the Clean Water Act of 1977 (as amended), the Fish and Wildlife
Coordination Act (48 Stet. 401, as amended; 16 U.S.C. 661-667d), and North Carolina General Statutes
(G.S. 113-131 et seq.).
The applicant has applied for a permit to place fill material into 0.073 acres of jurisdictional
waters and permanently impound 4.49 acres of scrub-shrub, riparian wetlands adjacent to Nicks Creek in
the Cape Fear River basin. These impacts are associated with the construction of a water intake dam and
impoundment. The purpose of the impoundment is to ensure a continuous water supply during drought
conditions.
There are records for the federal species of concern and state special concern sandhills chub
(Semotilus lumbee) in the Nicks Creek watershed. Generally, we hesitate to concur with the construction
of dams on streams due to the potential for downstream stream bed erosion and degradation caused by
outfall waters that are relatively free of sediment (Kondolf 1997), and impounding aquatic resources will
remove their natural functionality and will likely result in vegetation shifts and water quality modification
with concomitant changes in wildlife and fish species compositions. Additionally, water withdrawals and
changes in downstream flow could affect the abundance and availability of aquatic and fisheries habitat
downstream of the impoundment.
We appreciate the applicant forwarding the additional information regarding the proposed project.
While it was very helpful in our review, we continue to have several questions and concerns regarding
downstream flows and aquatic fish passage. The draft Cape Fear Basinwide Water Quality Plan (March
2005) indicates that the benthic community in Nicks Creek recently received a rating of Good-Fair, in the
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • ran: [phone]
Page 2
27 May 2005
Town of Carthage - Water Intake Dam and Impoundment
Action ID No. 200201248
past it has been rated Good. The plan noted there is a newly constructed dam and rip-rap channel above
the benthic community sampling site and that benthic and fish community sites may have been negatively
impacted by construction and maintenance of the dam. We recognize that in addition to the proposed
project, there are additional impacts within the watershed: a golf course irrigation withdrawal from
Juniper Branch, a tributary to Nicks Creek upstream of the impoundment; it appears that Town of
Carthage may have increased their water supply withdrawal in Nicks Creek from 0.5 mgd to 1.0 mgd; and
there was a severe drought in 2002. Cumulative impacts from each of these may affect benthic and fish
communities in Nicks Creek. Therefore, we feel it is important to ensure that any potential impacts to
aquatic resources in Nicks Creek from the proposed project are fully addressed and minimized.
The applicant is proposing to maintain 3.0 cfs (7Q10) downstream of the dam. We arc concerned
that the 7Q10 may not be adequate to protect downstream aquatic habitat. It is our understanding that an
Instream Flow Incremental Study (IFIM) has been conducted on Nicks Creek downstream of the project
and we recommend that the data from this study be used to determine the minimum flow release.
Additionally, please clarify to which part of Nicks Creek the minimum flow will apply. From the
information provided, it appears that the minimum flow will apply to the stream segment between the
impoundment and the water intake structure located at NC 22. Additionally, please clarify how many
linear feet of stream are located between the impoundment and water intake structure.
According to the figure (isometric view of the dam at Nicks Creek), it appears that the elevation
of spillway is 193.0 feet, the elevation of the brick overflow structure that discharges to the creek is 192.5
feet and the elevation of the brick overflow structure that discharges to the water intake structure is 192.0
feet. Once the water surface elevation falls below 193.0 feet, it appears that water will no longer flow
through the fish passage structure which appears to have small pools. We are concerned that fish may
become stranded in these pools when water surface elevations fall below 193.0 feet. Please clarify how
frequently and for how long it is expected that water surface elevations will fall below 193.0 feet and
whether it is possible for water to be retained in the pools of the fish passage structure. If water can be
retained in the pools, in order to minimize the chance of a fish kill, please detail what provisions will be
made to ensure that fish are not stranded in the pools when water surface elevations fall below 193.0 feet.
While we recognize the purpose of the proposed project is to ensure that the brick overflow
structure that discharges water to the water intake structure is sufficiently submerged, when water surface
elevations fall below 192.5 feet, Nicks Creek downstream of the dam could be dewatered. The applicant
indicates that both overflow structures can be manipulated to maintain 7Q10 downstream of the dam.
However, according to the figure (isometric view of dam at Nicks Creek) it appears that water flowing
into the brick overflow structure directly discharges to the water intake structure located downstream of
the dam. Please clarify how often and for how long water surface elevations are expected to fall below
192.5 feet and how each of these brick overflow structures can be manipulated to maintain downstream
flows.
The applicant proposes to mitigate for impacts by preserving 25.34 acres of forested wetlands, 4.0
acres of impoundment and 10.33 acres of uplands immediately upstream of the proposed impoundment.
These lands will be placed in a conservation casement once the proposed mitigation is approved. The
mitigation ratio is 6.45:1 for jurisdictional wetlands and waters. We will concur with the proposed
mitigation plan provided the fish passage structure can be designed to allow fish to move up and
downstream of the impoundment without becoming stranded and a minimum flow release is provided that
protects downstream aquatic habitat.
Please provide the information requested about downstream flows and fish passage related to this
project so that we can complete our review and recommendations. Thank you for the opportunity to

Page 3
27 May 2005
Town of Carthage- Water Intake Dam and Impoundment
Action ID No. 200201248
review this project. We look forward to reviewing the additional information. If we can be of further
assistance, please contact our office at [phone].
cc: Cyndi KaroIi, DWQ
(E-mail) Howard Hall, F W S
Fred Tarver, DWR
1.'j is D
JUN 2 2005
WETU,N SAND STO MWATER 6RAIJCN
05/12/2005 THU 15:50 F.11`910 695 3317 J.H. CARTER & ASSOCIATES
oq - ?qUq
? 001/011
DR. J.H. CARTER 1.11 & ASSOCIATES, .INC.
Environmental Consultants
P.O. Box 891
Suttthern Pines, N.C. 28388
Office phone: [phone]
Facsimile: [phone]
E-mail: jcaiuaiti(c%pitieliurst.tiet
TO: John Dorsey
FAX NWdBER: 119-733-6593
(:Y7M11ANY: N.C. Division of Water Quality
FROM Tracy Rush
DATE: 12 May 2005
'T'OTAL f! 01' PAGES (including cavcr)
TIME: 3:45 pm
II
M %.117NTS: Pcr you letter datc(i 10 May 2005 - here is the information we submitted to the
Corps on 21 February 2005, We assumed (wronl;lully) that the Corps would forward this infiormation
011 to you, Please let us know if you have any questions.
I'.m.l;w,;crcd Species slawys • I?.m•immlicntal Assessments • Land M.:nagoincnt • '?? ctlandx Rlai>J)Abg ri ld ru uiiuutg
MAY-12-2005 14:17 TEL:[phone]e93 NAME:DWQ-WETLANDS P. 1
05/12/2005 THU 15;50 FAX [phone] J.II, CARTER & ASSOCIATES X002/011
DR. J.H. CARTER III & ASSOCIATES, INC.
Environmental Consultants
P.O. Box 891 a Southern Pines, N.C. 28388
[phone] • Fax[phone]
[e-mail]
21 February 2005
Ms. Jennifer Frye
U.S. Army Corps of Engineers
Wilminggon Regulatory Field Office
fig Darlington Avenue
Wilmington, NC 28403
Action ID: 200201248
Dear Ms. Frye:
Based on comments and recommendations received from various agencies on the permit
application for the Town of Carthage's Water Intake Darn on Nick's Creek in Moore County (Action
ID No. 200201248), we determined that there are 5 issues of concern. We have researched and
considered each issue and our responses to each are listed below:
1) Downstream Flow
a. The 7Q10 for Nicks Creek is approximately 3.0 cfs based on information from the NC
Division of Water Resources (see attached letters from NCDWR).
b. The Town of Carthage proposes to install a stream gauge downstream of the dam which
will be monitored daily to ensure that minimum flow (3.0 cfs) is maintained in Nick's
Creek (except under severe drought conditions). The U.S. Fish and Wildlife Service
expressed concern about the impoundment on Juniper Branch, a tributary of Nick's Creek,
for Forest Creek Golf Course upstream of the damn. As part of its permit obligations, Forest
Creek Golf Course is required to maintain the 7Q10 for Juniper Branch (0, 15 cfs). Since
Forest Creek is required to maintain the 7Q10 for Juniper Branch, there should be no
impact on the 7Q10 for Nick's Creek at the Carthage water intake.
2) Fish Passage
a. Attached is a drawing of the proposed stepped spillway based on recommendations from
the U.S. Fish and Wildlife Service. Each pool will be separated by a vertical distance of 1
foot or less and pools will be approximately 10 linear feet along the direction of flow.
Large boulders will be used between the pools with "notches" between the boulders to
allow for fish passage.
3) mitigation
a. Engineers have determined that the water level of the impoundment cannot be lowered
from the current level. The water intake must remain flooded with a minimum of 1-2 feet
of water in order to prevent debris and sediments from clogging the intake pipe as well as
the overflow structure.
Endangered Spccies Surveys • Environmental Assessments • Land Management • Wetlands Mapping and Permitting
[?W-12-2005 THU 14:17 TEL:[phone] NAME:DWQ-WETLANDS P. 2
05/12/2005 THU 15:51 FAX [phone] J.H. CARTER & ASSOCIATES X003/011
b. The Town of Carthage does not feel that the project should require 1:1 restoration. There
has been a dam and impounded (open) water at this location for over 50 years. The dam
repair has not destroyed the functionality of this system that has existed for decades.
c. We feel that a 5:1 preservation ratio should be adequate but will offer 7:1 which will
preserve additional areas upstream on Nicks Creek. Wo have not flagged additional
wetlands beyond the plat signed on 12/20/2004 pending your decision on mitigation
requirements. The signed plat includes 25.34 acres of forested wetlands, 4.0 acres of
impoundment and 10.33 acres of uplands to be preserved. This totals 29 acres of
jurisdictional wetlands and waters, a ratio of 6.45:1.
d. A Conservation Basement for this area will be drawn up following the Corp's model
conservation easement once the proposed mitigation is approved.
4) Biological Assessment
a. A Biological Assessment for the proposed project is attached. Since there has been an
impoundment at this location for more than 50 years, the proposed project will have no
impacts on protected species known to occur in this area.
S) Impoundment Information for Division of Water Resources
a. After further consideration and research a reservoir model and stage-storage relationship
were not developed for the impoundment since the purpose of the impoundment is not to
"store" water under normal (non-drought) circumstances. Water is stored offsite in raw
water storage ponds at the water treatment plant, The purpose of the dam repair is strictly
to keep the water intake pipe flooded so that water can be pumped to the storage ponds.
h. Attached is an isometric drawing of the dam and other structures associated with the water
intake on Nick's Creek. Water passes through or over the dam in 1 of 3 ways:
1. Under normal operating conditions, water flows from one of the overflow structures at
the dam through an underground pipe to the intake structure located downstream. If the
pump is not operating, which is a majority of the time, water flows out of the intake
structure back into Nick's Creek.
2. Water flows into a second overflow structure into a 60 inch pipe 1vhich discharges
immediately below the dam. Both overflow structures can be manipulated to maintain
the 7Q10 downstream of the clam.
3. Water flows over the rip-rap spillway which will be reconfigured to allow for fish
passage since it is unlikely that fish can pass through either overflow pipe.
Please let us know if you have any questions concerning these items.
Sincerely,
Tracy lush
Senior Biologist
CC: Carol Clcctwood - Town of Carthage
Bill Lester - Hobbs Upchurch & Associates
111AY-12-2005 THU 14:17 TEL:[phone] NAME:DWQ-WETLANDS P• 3
05/12/2005 THU 15:51 F.tl 910 695 3317 J.H, CARTER & ASSOCIATES
NCDENft
Forth Carolina Department cf Environment and Natural Rescurces
Division of Water Resources
Michael F. Easley, Governor
August 24, 2001
m E1 VoR/LVDUM.
TO- John Dorney
FRONT: John Sutherland
SUBJECT: Action ID N 00100005
Forest Creek Golf Club, Moore County
Y
Tile Division of Water Resources (DNVR) has the following comments on this application for
Section 401 certification.
The applicant - Forest Creek Holding Company, LLC - proposes to create an impoundment on
Juniper Branch (DWQ Index No. 18-23-3-2), a tributary of Nicks Creek. The purpose of the
proposed project is to supply water for golf course irrigation. According to the applicant, the
current irrigation need is 0.4 mgd (0.62 c.fs). This irrigation demand will increase to 1.I mgd
(1.70 cfs) at the end of Phase II development, an increase of 0.7 mgd (1.08 c(s). The entire
amount of this withdrawal will be a consumptive use - in that no water will be returned directly
to the source stream.
The applicant states that in December of 2000, flows of 2.9 and 3.0 cfs were estimated at the
inflow and outflow points, respectively, for the proposed impoundment. It is unclear from what
stream the current withdrawal conies, or how these flow estimates were made.
'file U.S. Geological Survey (USGS) has published a drainage arca of 2.22 ,11i2 for Juniper
,Branch at a location within a mile of its confluence with Nicks Creek (Open File Report 83-211).
Using a digitizing table, we determined a drainage area of 2.31 miZ for Juniper Branch at its
confluence with Nicks Creek. Using USGS Water Supply Paper 2403, we then estimated an
average daily flow of 3.0 cfs and a 7Q10 of 0.27 cfs at the mouth of Juniper Branch.
The proposal to increase the withdrawal from Juniper Branch by 0.7 mcyd (1.08 cfs) constitutes
approximately 400% of the estimated total 7Q 10 for this tributary. The cumulative total effect of
the Phase I and 11 withdrawals combined (1.70 cfs) will comprise 630'/ of the 7Q10 now. DWR
requests stream Mow investigations to address concerns regarding downstream aquatic habitat
when proposed withdrawals exceed 20% of the 7Q 10 flow.
1611 Mail Service Center, Raleigh, North Carolina 27699-1611
Phcne: 919.733-40641 FAX: [phone] k Internet: oivrw,ncwatcr.org
Ali Ecual Cpp t, ci"rA`Grnt3live AClio t .c ?lo/^.? 56'/a RLuyc1re11C1; Post Co ISUner Paper
William G. Ross Jr., Secretary
John N. Moms, Director
9004/011
HAY-12-2005 THU 14:1e TEL:[phone] NAPIE:DWQ-WETLANDS P.! 4
05/12/2005 THU 15;51 FAX [phone] J,H. CARTER & ASSOCIATES ?j005/011
Action 1D No. 200100005 - Forest C:rcck Golf Club, Mcam County
Vtcmo iYom Jolur Sutherland to John Dorney, U24/01, Pans 2
Nicks Creek immediately above the confluence with Juniper Branch has an estimated drainage
- area of 22.9 mil and an estimated 7Q10 flow of 2.7 cfs based on information from a partial
record station on Nicks Creek published in USGS Water Supply Paper 2403. The Town of
Carthage has a public water supply intake located farther downstream at NC highway 22. The
drainage area at the Cartilage intake is 26.8 mat with an estimated 7Q 10 flow of 3.1 cfs.
Carthage recently conducted a study of instream flows and aquatic habitat to evaluate die effect
of increasing their water supply withdrawal from 0.5 mgd to 1.0 mgd. The proposed 1.0 mgd
withdrawal would constitute about 50% of the 7Q10 flow. The *Psults of the studv indicated that
the increase to 1.0 mgd is acceptable from the stander.'.n:. t instreamaquatic habio t and the
proposal was approved. However, this analysis asstuned f?awsl
were not reduced by other upstream consumptive withdrawals. Adding the golf course irrigation
withdrawals from the Juniper Branch watershed would result in a cumulative withdrawal of 2.1
mgd (3.25 cfs) or 105% of the 7Q10 at the Carthage intake.
D WR is concerned that the proposed withdrawal by the applicant will impact aquatic habitat
during low flow events not only in Juniper Branch, but also in the 2.4 miles of Nicks Crcek
between its confluences with Juniper Branch and Little River. Therefore we recommend that the
follotiving conditions be placed in the 401 certification:
Withdrawals from the golf course impoundments can only take place when a flow of 0.27 cfs
(the 7Q10 flow) can be maintained in Juniper Branch near its confluence with Nicks Creek.
fn other words, if the Phase ll irrigation demand from the impoundments causes the stream
flow in Juniper Branch to drop below 0.27 cfs, then the irrigation usage will have to be
reduced, or stopped entirely, so that the drought flow contribution (0.27 cfs) of Juniper
Branch to Nicks Creek is met.
The applicant should install and calibrate a strearnflow gage at or near the mouth of Juniper
Branch to allow monitoring of compliance with die instream flow/irrigation withdrawal
requirements. Plans for this monitoring device should be submitted to DWR for approval
prior to filling of the impoundment. Recalibration of the gage should take place every 2
years.
'these requirements should also help alleviate public health and safety concerns regarding the
viability of the downstream public water supply withdrawal from Nicks Creek by the Town of
Carthage.
We also noted that the list of alternatives considered by the applicant contained in the public
notice published by the U.S. Army Corps of Engineers did not include consideration of the use of
turf and vegetation that is less demanding of irrigation, or the use of treated wastewater for
irrigation. Both of these practices are increasingly being used to conserve water and reduce the
potential environmental impacts of golf course development, and might be added to the list of
alternatives or mitigation measures being considered during review of this proposal.
MAY-12-2005 THU 14:18 TEL:[phone] HAME:DWQ-WETLANDS P.I 5
05/12/2005 THU 15;51 FAX [phone] J.H. CARTER & ASSOCIATES
Action [n No. 200100005 . Forest CmA Golf Club, Moore Cotutty
`tetno [rout Jolui Sutheriand to John Domey, 824!01, Page 3
We appreciate this opportututy to provide cotiuncnts. Plcasu contact me at 9191715-5446 or Frcd
Tarver at 919/715-5442 if you have any questions.
cc: Allen Davis, US Army COE
Danielle Pender and Lawrence Dorsey, WRC
Jessica Miles, Public Water Supply Section
Carol Sparks Cleetwood, Town. Manager - Carthage
Fred Tarver and Tony Yoturg, DWR

? 006/011
l'1AY-12-2005 THU 14:18 TEL:[phone] NAl'1E:DWQ-WETLANDS P: 6
05/12/2005 THU 15;52 FAX [phone] J.H. CARTER & ASSOCIATES
uOlu/yy~D;V w- frD*: Woody Yonte P.E. 91973
Division of Water Resources
Water Projects Section
Fcbru:uy 8, 1999
At M<NDfi
TO: Tony Young
FROM: Jim Mead
SUBJECT: Town, of Carthage, Raw Water Snpp)y l;rpansion
X1007/011
i r.vr va.. V W
Page 2o'f2
I am responding to a letter sent to you by Hobbs. Upchurch and Msoeiatcs dated January 25, 1999. Bil)
Lestcr ofthat firm lw also contacted me directly to disotrts plans to increase the withdrawal from Nick's
Creek.
The existing intake has a capacity of 0.51dGD and the proposal is to expand this to 1.0 MGD. Given a
7Q10 estimate of 2.9 efs (source; Woody Yonts), the present capacity constitutes 26.61D/o ofthe 7Q10 and
the "-p=ion could withdraw 53%ofthe7Q10 low flow.
This is the same proposal considcmd. previously by DWR and the Wildlife Resources COum iwion (WRC).
In May of 1996, DWR And WRC conducted a site investigation to dctcrmino tlto habitat rating in the
affocted roach of Nick's Creek. The initial finding wus a rating of "good," which was coufumcd by a DEM
fish community study in Junc of 1996. At a meeting in Carthage on June 25, 1996, we info=W the Town
that an instrcarn flow field study (IFIM) would be required to cvaluate any expansion of the withdrawal.
Hobbs, Upchurch was not represented at this mectin&
At the Jwne 1996 meeting DWR infonmcd the Town that we could conduct the study for thcrn, but our
sobedulc depended on other work cornwitments, We advised than ihat a consultant might be able to
accomplish the work more quickly, and that we could provide a list of firms with IFIM experience. We
have heard nothing about this Foposed expansion since that mcetinp,
Bocause the design withdrawal would ba more than 20°iu of the 7Q10, an environmental assessment would
be required under the rules governing eonfonnity with the North Carolina 1;nvironmcntal Policy Act -
spocifically 15A,NCAC IC.0504(b)(B). The EA would be required to includo the IFIM study and any
necessary minimum flow provisions bcforc a FONSI could be considered.
Duo to work associated with the Roanoke Rapids rc-liccroing and othcr project!;. DWR oould not even, start
are IFIM study for Nicks Crock until the fall of 1999 at the earliest, We would be grad to provide the list of
consultants, as offered earlier, and would be closely involved in any study design and data collcotioix
cc: Sutlicrland, Recd, Yout,, DWR
.1.D. Monroe, DER-M, PRO
HAY-12-2005 THU 1=4:18 TEL:919733E893 NAh1E:DWQ41ETLAHDS P.', 7
05/12/2005 THU 15;52 FAX [phone] J.H, CARTER & ASSOCIATES
08/2@/2001 07:41 91©94730 9 7QWN or CARTHAC-
North Carolist
Departaxem orf Envkm cm and Natural Resourccs
Division of W Resources
Huai Y. x
Willie= G.11
Jobe Morrf3,
,, Govenmrr
Jr.. Smtury
-htvck26, 2001 '
The Jion=bl
Town of Cwt
PO Box 842
Cuxthage, NC
Dm Mayor
Larry Cod&H, Mttyor
? 008/011
? r+u... u.?. 4J
PAGE 82
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The Divisi of Watcr Rosauroes (DWR) has completed its xtwicewof the bnArtuttn flow study
of Nicks Creek between Highway NC22, wh=the Town of Cxftge has its wager wridzdrawul,
aid the camfl witbt the Little River. Tht: Town of Cmtthagc has proposed to fi=m ae its
Nick3 Cxe& tbdmwal from 0.5 mSd (0.77 efi) to I.0 mgr/ Q.W cb).
The W J(m Cou=ssxm =d DWR bave condudcd that The proposed in? of
the withdrawal 1.0 mgd wiJI not cause a sipiGza loss of t quadc habitat in Nicks Cma.
Additional wilt b c xcquivA should the town proposo to intxeasc ttmir *itbdmw;d abore
the ix mgd l 't. Pl=c c=m= rm if you hays any questions or conu=ts regarding this
project.
Six=ly,
Doha Su hcrhmd, Supclrvisrrr
VU'attx Prvjcct? Stactian
cc: Woody Yo is
1611 M4 Scnke Ccrar, Raldbb. Norsk Carolina. 276MI611
P:919--7334064 I FAX:[phone]]6 1 ;zt=ct: www.j2m&tvr.orx
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
May 10, 2005
Ms. Tracy Rush
Jay Carter and Associates
P.O. Box 891
Southern Pines, NC 28388
Dear Ms. Rush;
RE: Response to Division of Water Resources comments
Town of Carthage intake
Moore County
DWQ # 04-1969, COE Action ID 200201248
On December 14, 2004 (dated December 7, 2004), \the Division of Water Quality
received the attached comments regarding the abovementioned project from the Division of
Water Resources. On December 29, 2004 (received January'3, 2005), the DWQ received your
check for the 401 Certification fee and a letter that stated that you were gathering information to
address the downstream flow issues. To date, we have not received that response. In that
response, please address the questions raised by the Division of Water Resources in their
December letter (copy attached).
Until that response is received, this project shall remain on hold as incomplete. I can be
reached at 919-733-9646 if you have any questions.
Si?o*ours,
if
JUe o y
Cc: Fred Tarv er, NC Division of W urces
Jennifer Frye, Wilmington Fie S Army y Corps of Engineers
File copy
Central files
Ken Averitte, DWQ Fayetteville Regional Office
Carol Cleetwood, Town of Carthage, 4396 Highway 15/501, Town Hall, Carthage, NC
28327 '
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o enr state nc.us/ncwthands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
NorthCarolina
?gturaMY
?0F W ATF9Q Michael F. Easley, Governor
G William G. Ross Jr., Secretary
tom-- North Carolina Department of Environment and Natural Resources
?4 -I
p .? Alan W. Klimek, P.E. Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Permit, Program Development and
Transportation Permitting Units
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
Fax #: [phone]
Fax To:Ver? Fax #: ??C' U
Company: Date: 2
Number of pages including cover sheet:
Notes or special instructions:
LL
401 Oversight/Express Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.statc.ne.us/ncA,ctlands
Noe Carolina
Natttmlly
An Equal Opportunity/Affirmative Action Employer-50% Recycled/l0% Post Consumer Paper
State of North Carolina
Dept. of Environ. & Nat. Res.
Division of Water Resources.
Mike Easley, Governor
William G. Ross, Jr., Secretary
John N. Morris, Director
'doff& x
11111111123 -
To: \
,tL-
Fax:
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Division of Water Resources
If you do not receive all pages or if this
transmission is not legible, please call
[phone]
fax [phone]
From:
Phone;
?aR?? IJ.//
Dates 0 S r) 7_ _ 6
CC: Pages (including cover):

? Urgent Nor Review ? Please Comment ? Please Reply ? Please Call
MESSAGE:
ak sue- 5?1? U
1611 Mail Service Center . Raleigh, NC 27699-1611
MAY-2-2005 1`101d 10:12 TEL:[phone] [AAME:DWQ-WETLANDS P. 1
- 04/28/2005 THU 11.47 F..9 910 695 3317 J.H. CARTER & ASSOCIATES
@001/013
DR. J.H. CARTER III & ASSOCIATES, .INC.
Environmental Consultants
P.O. Box 891
Southern Phics, N.C. 28388
Office phone.- [phone]
Facsimile: [phone]
E-mail; jcamain(?%pit?clnu'st.?iet:
'Y0: Fred Tarvcr
FAX NUMBER: 919-733-355$

COMPANY- NC DlViSiUl1 of Water Itcsources
PROM: Traev Rutih.__.? --
DATE: 27 April 2005 TIME: 1:40 pin
'I'01"AL 1 OF PAGES (including cover): 13
COMMI NTS: Attached is the information we discu.sscd. I did not attach (tie Biological
Atiscssmcnl. A tier you review this information, please gjve lily or thyself a call to discuss.
'I hank you.
Iirda-vrci! Species Nut vCys . linvimmmxait l &.4cssnxnts , Land Mauagctncttl • Wetlands Malthing:tnd i'crntitting
MAY-2-2005 h10N 10:12 TEL:[phone] NAME:DWQ-WETLANDS PI 2
I
04/28/2005 THU 14;48 M 910 695 3317 J,B. CARTER & ASSOCIATES 0004/013
DR. J.H. CARTER III & ASSOCIA'T'ES, INC.
Environmental Consultants
P.O. Box 891 • Southem Pines, N.C. 28388
[phone] • Fax [phone]
[e-mail]
1 February 2005
Ms. Jennifer Frye
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
Action ID: 200201243
Dear Ms. Frye:
Based on comments and recommendations received from various agencies on the permit
application for the Town ofCarthage's Water Intake Dam on Nick's Creek in Moore County (Action
I D No. 200201248), we determined that there are 5 issues of concem. We have, researched and
considered each issue and our responses to each are listed below:
1) Downstream Flow
a. The 7Q10 for Nicks Creek is approximately 3.0 cfs based on information from the NC
Division of Water Resources (see attached letters from NCDWR).
b. The Town of Carthage proposes to install a stream gauge downstream of the daze which
will be monitored daily to ensure that minimum flow (3.0 cfs) is maintained in Nick's
Creek (except under severe drought conditions). The U.S. Fish and Wildlife Scrvice
expressed concern about the impoundment on Juniper Branch, a tributary of Nick's Creek,
for Forest Creek Golf Course upstream of the dam. As part of its permit obligations, Forest
Creek Golf Course is required to maintain the 7Q10 for Juniper Branch (0.15 cfs). Since
Forest Creek is required to maintain the 7Q 10 for Juniper Branch, there should be no
impact on the 7Q10 for Nick's Creek at the Carthage water intake.
Fish Passage
a. Attached is a drawing of the proposed stepped spillway based on recommendations from
the U.S. Fish and Wildlife Service. Each pool will be separated by a vertical distance of I
foot or less and pools will be approximately 10 linear feet along the direction of flow.
Large boulders will be used between the pools with "notches" between the boulders to
allow for fish passage.
:3) Mitigation
a. Engineers have determined that the water level of the impoundment cannot be lowered
from the current level. The water intake must remain flooded with a minimum of 1-2 feet
of water in order to prevent debris and sediments from clogging the intake pipe as well as
the overflow structure.
8ndangered Spceics Surveys • Environmental Assessments • rand Management • wetlands Mapping and Pennilling
MAY-2-2885 HON 18:13 TEL:[phone] IJAME:DWQ-WETLANDS P'I 3
04/282005 THU 11:48 FAX [phone] J.H. CARTER & ASSOCIATES 0005/013
b. The Town of Carthage does not fccl that the project should require 1:1 restoration. There
has been a dam and impounded (open) water at this location for over 50 years. The dam
repair has not destroyed the functionality of this system that has existed for decades.
c. We feel that a 5:1 preservation ratio should be adequate but will offer 7:1 which will
preserve additional areas upstream on Nicks Creek. We have not flagged additional
wetlands beyond the plat signed on 12/20/2004 pending your decision on mitigation
requirements. The signed plat includes 25.34 acres of forested wetlands, 4.0 acres of
impoundment and 1033 acres of uplands to be preserved. This totals 29 acres of
jurisdictional wetlands and waters, a ratio of 6.45:1.
d. A Conservation Basement for this area will be drawn up following the Corp's model
conservation casement once the proposed mitigation is approved.
4I) Biological Assessment
a. A Biological Assessment for the proposed project is attached. Since there has been an
impoundment at this location for more than 50 years, the proposed project will havo no
impacts on protected species known to occur in this area.
Impoundment Information for Division of Water Resources
a. After further consideration and research a reservoir model and stage-storage relationY3tip
were not developed for the impoundment since the purpose of the impoundment is not to
"store" water under normal (non-drought) circumstances. Water is stored offsite in raw
water storage ponds at the water treatment plant. The purpose of the dam repair is strictly
to keep the water intake pipe flooded so that water can be pumped to the storage ponds.
b. Attached is an isometric drawing of the dam and other structures associated with the water
intake on Nick's Creek. Water passes through or over the dam in I of3 ways:
I . Under normal operating conditions, water flows from one of the overflow structures at
the dam through an underground pipe to the intake stricture located downstream, If the
pump is not operating, which is a majority of the time, water flows out of the intake
structure back into Nick's Creek.
2. Water flows into a second overflow structure into a 60 inch pipe which discharges
immediately below the dam. Both overflow structures can be manipulated to maintain
the 7Q10 downstream of the dam.
3. Water flows over tho rip-rap spillway which will be reconfigured to allow for fish
passage since it is unlikely that fish can pass through either overflow pipe.
Please let its know if you have any questions concerning these items.
Sincerely,
-11 Tracy ush
Senior Biologist
CC: Carol Clcetwood - Town of Carthage
Bill Lester - Hobbs Upchurch & Associates
MAY-2-2005 HOH 10:14 TEL:[phone] HAME:DWQ-WETLANDS P. 4
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DR. J.H. CARTER III & ASSOCIATES, INC.
Environmental Consultants
P.O. Box 891 • Southern Pines, N.C. 28388
[phone] 9 Fax [phone]
[e-mail]
29 December 2004
Mr. John Dorney
N.C. Division of Water Quality
401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Town of Carthage water supply dam repair
Moore County
DWQ # 04-1969, COE Action ID: 200201248
Dear Mr. Dorney:
D
?0 3 2005
UENR - WtiTEk
F1ETi/,l?ns ' STOrc{, AQUA eiCH
This letter is in response to your request for additional information on the proposed water
supply dam repair for the Town of Carthage, Nicks Creek, Moore County.
1. Fee: Under separate cover, the Town of Carthage has mailed a check to the N.C. Division
of Water Quality in the amount of $475.00.
2. Downstream Flow: We are currently gathering information in order to address the
downstream flow issues. We request that you please keep the file on hold while we prepare
the downstream flow information.
Please let us know if you have any additional questions.
Sincerely,
? Lz?
Trac
Y I?ttsh
Senior Biologist
Cc: Ken Averitte, DWQ Fayetteville Regional Office
Jennifer Frye, USACOE - Wilmington Regulatory Field Office
Carol Cleetwood, Town of Carthage
Endangered Species Surveys • Environmental Assessments • Land management • wetlands Mapping and Permitting
I
WATF9 Michael F. Easley, Governor
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PAYME??T William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
p .?
RECEIVED Alan W. Klimek, P.E. Director
Division of Water Qualit
y
December 10, 2004
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
The Town of Carthage
C/o Ms. Carol Cleetwood, Town Manager
4396 Highway 15/501
Town Hall
Carthage, NC 28327
DWQ Project # 04-1969
Moore County
BY
P ply DATE
DATE PAID
RE: Town of Carthage water supply dam repair
!`.Moore County
DWQ # 04-1969, COE Action ID: 200201248 D L ?(?n??, I?
REQUEST FOR MORE INFORMATION.
PAYMENT DEC 9, U 200
Dear Ms. Cleetwood: RECEIVED D?NR • WATER yQg?RUALITY
CiW?DSANDSTOfu{?d TE?Atv,
?? WXH
On November 30, 2004, the Division of Water Quality (DWQ) received your application at
November 22, 2004 to fill 0.07 acres of wetlands and further inundate 4.49 acres of already
flooded wetlands to construct the proposed water intake for the Town of Carthage on Nicks
Creek. The DWQ has determined that your application was incomplete and/or provided
inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject
property. Therefore, unless we receive the additional information requested below, we will have
to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this
project on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
1. Water Quality Certification Fee:
A fee of $475 is required in order to process your application. Please provide a check in
this amount made out to the NC Division of Water Quality in your response.
2. Downstream flow:
Please address how downstream flows (notably the 7Q10 flow) will be maintained in Nicks
Creek once the dam is in place and operational.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Ken Averitte of the DWQ Fayetteville Regional Office. If we do not hear from you
within three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
PAYMENT
RECEIVED
o One
NhCarolina
Xtirrally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
i

Applicant:
Page 2 of 2
Date:
This letter only addresses the application review and does not authorize any impacts to
wetlands, waters or protected buffers. Please be aware that any impacts requested within your
application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr.
John Dorney at 919-733-1786 if you have any questions regarding or would like to set up a
meeting to discuss this matter.
rnnDD d1/40 Unit
J RD/j rd
cc: Ken Averitte, DWQ Fayetteville Regional Office
Jennifer Frye, USACE Wilmington Regulatory Field Office
File Copy
Central Files
Tracy Rush, Jay Carter and Associates, P.O. Box 891, Southern Pines, N,C 28388
Shari Bryant, NC Wildlife Resources Commission
Filename: 041969Carthage(AZoore)ONHOLD
North Carolina
Michael F. Easley, Governor
V `EN
Department of Environment and
Division of Water Resources
December 7, 2004
Mr. John Dorney
401 Certification Unit
NCDENR-DWQ
1621 Mail Service Center
Raleigh NC 27699-1621
Dear John:
William G. Ross Jr., Secretary
John Morris, Director
QR (??9 FM 0 n12 B
DEC 1 4 2004
DENR - WATER QUALITY
45c WZS AND STOM,15,ATER EUX14
The Division of Water Resources (DWR) is submitting comments following review of the 401/404
permit application by the Town of Carthage for a proposed dam on Nicks Creek, a tributary of Little
River in the Cape Fear Basin, Moore County.
DWR is unable to make a complete evaluation of the proposed project based on the information
provided in the permit application.
In order to make an informed decision, DWR requests the following additional information:
How will the impoundment be managed and integrated into the Town of Carthage's water
supply infrastructure? Will Carthage still withdraw water at the run-of-river intake downstream
of the dam, or will the withdrawal originate in the impoundment, or will the impoundment intake
be used only during drought conditions? Will the water supply intake rely on the release of
water stored in the new impoundment, or will the impoundment function in a run-of-river mode
except during times of drought? What indicators would be used to trigger the "drought" mode
that begins to use impounded water for water supply?
• A stage-storage relationship should be provided for the impoundment.
What are the elevations, in relation to mean sea level, of the impoundment water supply
intake, the dam weir crest, and the existing brick outlet structure water logs and outlet pipe.
1611 Mail Service Center, Raleigh, North Carolina 27699-1611
Phone: [phone] \ FAX: [phone] \ Internet: www.ncwater.org
An Equal Opportunity /Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper
V q 1
1 \
Natural Resources
NorthCarolina
Awwrallff
John Dorney
Town of Carthage/Nick's Creek 401/404 Permit Application
December 7, 2004
A reservoir model is needed to understand the management of the reservoir and impacts to
downstream aquatic habitat and water quality. This model will need to include inputs (e.g.
inflow, precipitation, groundwater infiltration) and outtakes (e.g. outflow, evaporation,
groundwater recharge, water withdrawal). To determine inflow, flow data from a proximal gage
will have to be used, since Nicks Creek has not been gauged. DWR ratioed flows from the
Little River at Linden gage (02103500) to serve as the historical flow record for the instream
flow incremental methodology (IFIM) study done in 1999 and 2000 below Highway 22. This
study may be used to examine impacts to aquatic habitat downstream of the dam, based on
downstream flows generated by the reservoir model.
It appears that the project is subject to review under the N.C. (State) Environmental Protection Act
(SEPA). A project is subject to SEPA if it first meets all of the following criteria:
An action by a state agency (such as land and money appropriations, awarding grants, issuing
permits, or granting licenses); and
An expenditure of public monies or private use of state land (or waters); and
Has a potential detrimental environmental effect upon natural resources, public health and
safety, natural beauty, or historical or cultural elements, of the state's common inheritance.
Projects must also exceed certain minimum criteria, see 15A NCAC 01 C .0400, to be subject to
SEPA. Rule 15A NCAC 01 C .0408 establishes the general and specific criteria for minor construction
activities. The general criteria include the following:
"(d) Land disturbing activities impacting wetlands if the activity will result in the loss of one acre or u fR'
less of Class WL wetlands.
(e) Land disturbing activities impacting streams if the activity will result in channel disturbance of
less than 500 linear feet of perennial streams."
The U.S. Army Corps of Engineers' 22 November 2004 public notice states that the "[p]lans submitted
with the application show... conversion of approximately 4.49 acres of scrub-shrub, riparian wetlands
to open water associated with construction of a water intake dam and impoundment." This project
clearly exceeds minimum criteria (d). The project impoundment may also exceed minimum criteria
(e) with the loss of more than 500 feet of lotic habitat.
Although one of the specific minimum criteria is "construction, repair or removal of dams less than 25
feet in height and having less than 50 acre-feet of effective storage capacity," an environmental
document is required if the activity exceeds either the general criteria or the specific criteria. As
stated earlier, this project exceeds the general criteria, and therefore, this project requires
environmental review.
2
john IDorney
Town of Carthage/Nick's Creek 401/404 Permit Application
December 7, 2004
Thank you for the opportunity to comment. If you have questions, or require additional information,
please call me at 919/715-5442.
Sincerely,
Fred . Tarver, II
Environmental Specialist
cc: John Sutherland, Linwood Peele, DWR
Shari Bryant, WRC
John Ellis, USFWS
Jim McRight, DEH
Cam McNutt, DWQ
Max Fowler, DLR
?CF W ArF9 p Michael F. Easley, Governor
^ William G. Ross Jr., Secretary
1 North Carolina Department of Environment and Natural Resources
D uMs ,.., ?1-71
Alan W. Klimek, P.E. Director
Division of Water Quality
December 10, 2004
DWQ Project # 04-1969
Moore County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
The Town of Carthage
C/o Ms. Carol Cleetwood, Town Manager
4396 Highway 15/501
Town Hall
Carthage, NC 28327
RE: Town of Carthage water supply dam repair
Moore County
DWQ # 04-1969, COE Action ID: 200201248
REQUEST FOR MORE INFORMATION
Dear Ms. Cleetwood:
On November 30, 2004, the Division of Water Quality (DWQ) received your application dated
November 22, 2004 to fill 0.07 acres of wetlands and further inundate 4.49 acres of already
flooded wetlands to construct the proposed water intake for the Town of Carthage on Nicks
Creek. The DWQ has determined that your application was incomplete and/or provided
inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject
property. Therefore, unless we receive the additional information requested below, we will have
to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this
project on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
1. Water Quality Certification Fee:
A fee of $475 is required in order to process your application. Please provide a check in
this amount made out to the NC Division of Water Quality in your response.
2. Downstream flow:
Please address how downstream flows (notably the 7Q10 flow) will be maintained in Nicks
Creek once the dam is in place and operational.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Ken Averitte of the DWQ Fayetteville Regional Office. If we do not hear from you
within three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/ Internet: htto://h2o.enr.state.nc.us/ncwetlands
one
N Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper
IT 'd SGHU-l13M-OMa:3WUN 2689L216T6:-131 L2:2T G3M t7G08-8-330
V EG3
Date 12/08104
Number of pages including cover sheet 3
To: Cyndi Karoly
NC Wildlife Resources Commission
Habitat Conservation Program
P. O. Box 929
Sedalia, NC 27342-0129
From: Shari Bryant
Phone
Fax Phone
CC:
919-733-6393
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Phone [phone]
Fax Phone [phone]
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North Carolina. Wildlife Resources Commission ? -?
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Ms. Cyndi Karoly, Wetlands/401 Water Quality Certification Unit
Div Sion of Water Quality
FROM: Shari L. Bryant, Piedmont Region Coordinator
Habitat Conservation Program
DATE: 8 December 2004
SUBJECT: Public Notice for Town of Carthage for Construction of a Water Intake Dam and
Impoundment, Moore County, North Carolina. Action ID No. 200201248
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
subject document. A site visit was conducted on 27 February 2004. Our comments are provided in
accordance with provisions of the Clean Water Act of 1977 (as amended), the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), and North Carolina General Statutes
(G.S. 113-131 et seq.).
The applicant has applied for a permit to place fill material into 0.073 acre of jurisdictional waters
and permanently impound 4.49 acres of scrub-shrub, riparian wetlands adjacent to Nicks Creck in the
Cape Fear River basin. These impacts are associated with the construction of a water intake dam and
impoundment. The applicant proposes to mitigate for impacts by placing 25 acres of scrub-shrub riparian
wetlands and 10 acres of adjacent uplands immediately upstream of the proposed water intake
impoundment under Conservation Easement.
The site was previously a water supply reservoir and water intake for the Town of Carthage. The
dam washed out in the 1960s and was never repaired. During the 2002 drought, the Town requested
authorization to repair the dam. A Nationwide Permit 18 was issued to impact 0.10 acres of jurisdictional
waters with the condition that the structure be removed by 16 September 2003 or the applicant should
apply for an Individual Permit for the permanent impact. The dam was not removed and the applicant has
requested to permanently impound Nicks Creek. The impoundment would ensure a continuous supply of
water during drought conditions.
There are records for the federal species of concern and state special concern sandhills chub
(Semotilus lumhee) in the Nicks Creek watershed. Generally, we hesitate to concur with the construction
of dams on streams due to the potential for downstream stream bed erosion and degradation caused by
outfall waters that are relatively free of sediment (Kondolf 1997), and impounding aquatic resources will
remove their natural functionality and will likely result in vegetation shifts and water quality modification
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center e Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
a'd T TSb-6t ir_9EE -4uerja '-i'S dZS = TO to Bo oaa
'2 'd SONU-113M-OMO:3WUN
Page 2
3 December 2004
Town of Carthage - Water Intake Dam and Impoundment
Action ID No. 200201243
2G6922,LGT6:_131 62:2T 03M b002-8-990
with concomitant changes in wildlife and fish species compositions. Additionally, water withdrawals and
changes in downstream flow could affect the abundance and availability of aquatic and fisheries habitat
downstream of the impoundment.
During the site visit, downstream flow and fish passage were concerns. However, neither of these
appears to be addressed in the public notice. Additionally, we question whether the project exceeds the
thresholds set in the Department of Environmental and Natural Resources' minimum criteria regarding
preparation of an environmental assessment in accordance with N.C. Environmental Policy Act.
Although impacts have already occurred. these impacts were intended to be temporary and are now
proposed to be permanent.
We are unable to concur with the public notice at this time since we cannot complete our review
of the project until the issues regarding downstream flow and fish passage are addressed. We request the
following information to complete our review.
I . Will a minimum flow release be required? If so, what is the proposed minimum flow
and how was it derived. If not, please address how and when water will be released
from the impoundment and potential impacts to aquatic and fisheries habitats
downstream of the proposed impoundment.
2. The U.S. Fish and Wildlife Service provided the applicant with information on fish
passage. Please address whether fish passage is feasible at this site.
Thank you for the opportunity to review this project. We look forward to reviewing the
additional information. If we can be of further assistance, please contact our office at [phone].
Literature cited
Yondolf; G.M. 1997. Hungry water: effects of dams and gravel mining on river channels.
Environmental Management 21:533-551.
cc: John Dorsey, DWQ
Jennifer Frye, USACOE
(E-mail) Howard flail, FWS
Fred "carver, DWR
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r . ' T 'd SONdli3m-ONa=3111aN 268922L6T6:181 22:12T O3M b082-8-93a
FG1M CCIOVEW
Date 12/08/04
Number of pages including cover sheet 3
To: John ©orney
Phone
Fa: Phone
CC:
I - d
919-733-1736
919-733-6393
ITSb-Ebb-9EE
MG Wildlife Resources Commission
Habitat Conservation Program
P. O. Box 129
Sedalia, MC 27342-0129
From: Shari Bryant
Phone [phone]
Fax Phone [phone]
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North Carolina. Wildlife Resources Commission i--
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Ms. Cyndi Karoly, Wetlands/401 Water Quality Certification Unit
Division of Water Quality
FROM: Shari L. Bryant, Medmont Region Coordinator
Habitat Conservation Program
DATE: 8 December 2004
SUBJECT: Public Notice for Town of Carthage for Construction of a Water Intake Dam and
Impoundment, Moore County, North Carolina. Action ID No. 200201248
Biologists with the North Carolina Wildlife Resources Commission (NCW`RC) have reviewed the
subject document. A site visit was conducted on 27 February 2004. Our comments are provided in
accordance with provisions of the Clean Water Act of 1977 (as amended), the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), and North Carolina General Statutes
(G. S. 113-131 et seq.).
The applicant has applied for a permit to place fill material into 0.073 acre of jurisdictional waters
and permanently impound 4.49 acres of scrub-shrub, riparian wetlands adjacent to Nicks Creek in the
Cape Fear River basin. These impacts are associated with the construction of a water intake dam and
impoundment. The applicant proposes to mitigate for impacts by placing 25 acres of scrub-shrub riparian
wetlands and 10 acres of adjacent uplands immediately upstream of the proposed water intake
impoundment under Conservation Easement.
The site was previously a water supply reservoir and water intake for the Town of Carthage. The
dam washed out in the 1960s and was never repaired. During the 2002 drought, the Town requested
authorization to repair the dam. A Nationwide Permit 18 was issued to impact 0.10 acres of jurisdictional
waters with the condition that the structure be removed by 16 September 2003 or the applicant should
apply for an Individual Permit for the permanent impact. The dam was not removed and the applicant has
requested to permanently impound Nicks Creek. The impoundment would ensure a continuous supply of
water during drought conditions.
There are records for the federal species of concern and state special concern sandhills chub
(Semotihis lumhee) in the Nicks Creek watershed. Generally, we hesitate to concur with the construction
of dams on streams due to the potential for downstream stream bed erosion and degradation caused by
outfall waters that are relatively free of sediment (Kondolf 1997), and impoundinD aquatic resources will
remove their natural functionality and will likely result in vegetation shifts and water quality modification
Mmilinr Address: Division of Inland Fisheries • 1721 Mail Service Center - Raleigh, NC 27699-1721
't'elephone: [phone] • Fax: [phone]
z'd TTSb-Ebb-9EE aueRuH '-1'S dGS=TO to Bo oaa
. 2 .d SGHU11E1M-OM0:8WdN 2689M_6T6:181 t,-2:2T 0311 t7OO2-8-890
Page 2
S December 2004
Town of Carthage- Water Intake Dam and Impoundment
Action Ill No. 200201243
with concomitant changes in wildlife and fish species compositions. Additionally, water withdrawals and
changes in downstream flow could affect the abundance and availability of aquatic and fisheries habitat
downstream of the impoundment.
During the site visit, downstream flow and fish passage were concerns. However, neither of these
appears to be addressed in the public notice. Additionally, we question whether the project exceeds the
thresholds set in the Department of Environmental and Natural Resources' minimum criteria regarding
preparation of an environmental assessment in accordance with N.C. Environmental Policy Act.
Although impacts have already occurred, these impacts were intended to be temporary and arc now
proposed to be permanent.
We are unable to concur with the public notice at this time since we cannot complete our review
of the project until the issues regarding downstream flow and fish passage are addressed. We request the
following information to complete our review.
Will a minimum flow release be required? If so, what is the proposed minimum flow
and how was it derived. If not, please address how and when water will be released
from the impoundment and potential impacts to aquatic and fisheries habitats
downstream of the proposed impoundment.
2. The U.S. Fish and Wildlife Service provided the applicant with information on fish
passage. Please address whether fish passage is feasible at this site.
Thank you for the opportunity to review this project. We look forward to reviewing the
additional information. If we can be of further assistance, please contact our office at [phone].
Literature tiled
Kondolf, G.M. 1997. Hungry water: effects of dams and gravel mining on river channels.
Environmental Management 21:533-55 1.
cc: John Dorney, DWQ
Jennifer Frye, USACOE
(E-mail) Howard Mall, FWS
Fred Tarver, DWR
E'd TTSi-6bfr-9EE quepia •1•S dLS=TO t'o go oaa

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
November 22, 2004
Regulatory Division
Action ID No. 200201248
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Dear Ms. Karoly:

ER@E-'0Wrq
NOV 3 0 2004
DENR - WATER QUALITY
WETLANDS tv'Z STOR'fiYATER BRANCH
Reference the enclosed application from the Town of Carthage for Department of the Army
authorization and a State Water Quality Certification to discharge fill material into 0.073 acres of
Section 404 waters of the United States and permanently impound 4.49 acres of Section 404
wetlands adjacent to Nicks Creek, a tributary to the Little River, associated with the construction
of the Town of Carthage water intake dam and impoundment, located immediately west of NC
Highway 22, approximately 2 miles north of the Moore County Airport, south of Carthage,
Moore County, North Carolina. Your receipt of this letter verifies your acceptance of a valid
request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section 404 of the Clean
Water Act. We have determined that a water quality certification is required under the provisions
of Section 401 of Section 404 of the Clean Water Act. A Department of the Army permit will
not be granted until the certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days after receipt of a
request for certification is a reasonable time for State action. Therefore, if you have not acted on
the request, or asked for an extension of time, by January 22, 2005, the District Engineer will
deem that waiver has occurred.

-2-
Thank you for your time and cooperation. Questions or comments may be addressed to me
at the Wilmington Regulatory Field Office, at [phone].
Sincerely,
Jennifer S. Frye
Regulatory Specialist
Wilmington Regulatory Field Office
Enclosure
DR: J.H. CARTER III & ASSOCIATES, INC.
Environmental Consultants
P.O. Box 891 • Southern Pines, N.C. 28388
[phone] • Fax [phone]
[e-mail]
28 October 2004
RECEIVED
Ms. Jennifer Frye
U.S. Army Corps of Engineers
Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Action ID No. 200201248
Dear Ms. Frye:
OCT 2 9 2004
REGULATORY
W1z`JV2. FL.D. OFC.
In response to the letter dated 15 September 2004, requesting additional information
concerning an Individual Permit Application to impound water on Nick's Creek in Moore
County, we provide the following:
1. Prior to the dam repair in 2002, Nick's Creek at this location consisted of a scrub-shrub
swamp maintained as such by beaver activity for over 20 years. The attached aerial
photo taken of this area in 1998 shows the vegetation signature of a partially impounded,
scrub-shrub wetland fairly clearly (Attachment 1). This area has not contained mature
trees for decades due to beaver activity. The aerial photo of Drowning Creek with a
mature forested wetland is provided for comparison (Attachment 2). We agree that the
dam repair has permanently impounded a portion of the area immediately upstream of the
dam converting an area of shrub-scrub to generally open water (some open water already
existed in this area). Through field investigations and aerial photo interpretation we have
determined that the area dominated by open water extends back from the dam
approximately 400 feet. In this area the normal high water mark and the jurisdictional
wetland line are the same. It must be noted that there are areas of "high" ground within
the impounded area that have retained saplings and shrubs. Beyond 400 feet from the
dam there are small areas of "impounded" water, but a majority of the area consists of
hummocks with regenerating saplings and shrubs including swamp black gum (Nyssa
Endangered Species Surveys • Environmental Assessments • Land Management • Wetlands Mapping and Permitting
- viflora), titi (Cyrilla racemiora) and buttonbush (Cephalanthus occidentalis). All of
these species have a wetland indicator status of FACW or OBL and will tolerate
inundation (Attachment 3). In addition, Dr. Carter (with over 50 years experience in the
Sandhills) states that there are impoundments in the Sandhills that have maintained a
semi-forested and/or scrub-shrub community.
Photos of the swamp showing the transition from scrub-shrub to open water are
attached for your review (Attachment 4). Please note that at the location of Photo #4
(Flag #129 on the wetlands survey map) you can see open water all the way across the
swamp to high ground. It is at this location that we determined the impounded area ends.
Please note that the impounded area contains some scrub-shrub vegetation and the scrub-
shrub wetland contains some impounded water. We believe that these areas average out
to an impounded area of 4.49 acres (Attachment 5).
2. As provided with the original permit application, the Town of Carthage proposes to place
a portion of Nick's Creek and adjacent wetlands and uplands owned by the Town under a
Conservation Easement to be held by the Sandhills Area Land Trust (SALT). Attached is
a wetland delineation of this area for your verification (Attachment 5). We propose to
preserve approximately 25 acres of scrub-shrub wetlands upstream of the impoundment,
as well as a majority (4 acres) of the impoundment (the Town needs to retain control of
the dam and water control structures) and adjacent uplands. This works out to be a ratio
of approximately 5:1. We feel that this is a fair ratio since the dam repair only resulted in
the conversion one type of jurisdictional water to another.
3. Attached are 2 letters from the N.C. Division of Water Resources concerning the 7Q l0
for Nick's Creek (Attachment 6) and in addition, photographs of the dam and spillway
following unusually heavy rains from a tropical storm in September are attached
(Attachment 7). The dam was in no way compromised by this unusually strong flow and
downstream areas (N.C. Highway 22) did not flood. According to a database maintained
by the Dam Safety Section of the Division of Land Resources, this dam is considered to
be low hazard. These inspection reports are public information and can be obtained from
-'',he Fayetteville Regional Office if necessary. Please let us know if you would like us to
obtain these reports.
4. Additional detailed plans concerning the dam and impounded area are attached
(Attachment 8). As stated previously, the normal high water mark and the jurisdictional
wetland line are the same within the area of impoundment.
Also attached is an Individual Permit Application updated with the area of impoundment.
Please let us know if you need additional information on any of these issues or if you would like
to schedule a site visit or meeting.
Sincerely,
Tracy R?ish
Senior Biologist
Cc: Bill Lester - Hobbs, Upchurch & Associates
Carol Cleetwood - Town of Carthage

APPOCATION FOR DEPARTMENT OF THE ARMY PERMIT
(33 CFR 3259
OMB APPROVAL NO. 0710-0003
EXDires December 31, 2004
The Public burden for this collection of information is estimated to average 10 hours per response, although the majority of applications should require 5
hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing,and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law,no
person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.
Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction
over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403;Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research and
Sanctuaries Act, 33 USC 1413. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine
Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of requested
information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
An application that is not completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED d. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANTS NAME AUTHORIZED AGENTS NAME AND TITLE (an agent is not required)
Town of Carthage Dr. J.H. Carter III
Carol Cleetwood - Town Manager Environmental Consultant
6. APPLICANT'S ADDRESS
4396 Highway 15-501 (Town Hall)
Carthage, NC 28327
9. AGENT'S ADDRESS
Dr. J.H. Carter III & Associates, Inc.
Environmental Consultants
515 Midland Road, Suite F
Southern Pines, NC 28387
O C T 2 9 2004
7. APPLICANT'S PHONE NOS. W/AREA CODE I 10. AGENT'S PHONE NOS. W/AREA CODE
a. Residence N/A a. Residence N/A
b. Business [phone] b. Business [phone]
11. STATEMENT OF AUTHORIZATION
I hereby authorize, Dr. J.H. Carter III & Associates, Inc. to act in my behalf as my agent in the processing of this application and
to fumish, upon request, supplemental information in support of this permit application.
See attached authorization letter '
APPLICANTS SIGNATURE
DATE
NAME, LOCATION, AND DESCRIPTION OR PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
Town of Carthage Water Intake Dam
13. NAME OF WATERBODY, IF KNOWN lif applicable) I 14. PROJECT STREET ADDRESS (if applicable)
Nicks' Creek
15. LOCATION OF PROJECT
Moore County North Carolina
COUNTY STATE
N/A
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) Section, Township, Range, Lat/Lon, and/or Accessors's Parcel Number, for example.
Lat: 35.2525247 N Long: 79.4134021 W
PIN Number: 857403448852701
17. DIRECTIONS TO THE SITE
Project is located immediately west of N.C. Highway 22 at its Intersection with Nick's Creek, approximately 2 miles north of the Moore County
Airport and approximately 1 mile west of Spring Valley Lake in Whispering Pines (see attached map).
ENG FORM 4345NOD, Jul 97 EDITION OF FEB 94 IS OBSOLETE (Proponent: CECW-OR)
t li_
18. ` Nature of Activity (Description of project, include all features)
The proposed project involves the repair of an existing dam located on Nick's Creek at N.C. Highway 22. Nick's Creek had relocated to the north side
of sheet piling located within the existing dam onsite. This breach caused the water level behind the dam to drop below the water intake structure for the
Town of Carthage during drought conditions in 2002. The breach was repaired with fill (upland soil) and a new dam opening created in the center of the dam
at the original (historic 1) location of Nicks' Creek and where the existing sheet piling was located. The elevation of the sheet piling allows water to be held
back enough'to keep the water intake flooded. The spillway where Nick's Creek is now located was also stabilized with rip-rap. A total of 3200 square feet
(0.073 acres) of disturbance occurred during the repair of the dam. In addition, Approximately 4.49 acres of scrub-shrub wetland was converted to an open
water impoundment.
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
The proposed project involves the repair of an existing dam located on Nick's Creek at N.C. Highway 22 in order to keep the Town of Carthage's
water intake flooded during drought conditions.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Fill material was discharged into Waters of the U.S. (Nick's Creek) in order to repair a dam breach during an extreme drought. Nick's Creek was then
relocated to its original channel in the center of the dam. The Town of Carthage would like to make the dam repair permanent in the event of future
droughts.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Approximately 120 cubic yards of upland soil was used to repair a dam breach in an existing dam located on Nick's Creek at N.C. Highway 22.
In addition, 133 cubic yards of rip-rap was placed within the relocated channel of Nick's Creek in order to stabilize the area.
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Approximately 0.073 acres of waters were filled, but the stream was relocated to its original channel so there was no net loss of stream channel.
Approximately 4.49 acres of scrub-shrub wetland was converted to an open water impoundment.
23. Is Any Portion of the Work Already Complete? Yes X No - IF YES, DESCRIBE THE COMPLETED WORK
Approximately 90% of the work is already complete. A temporary permit was obtained in 2002 during an extreme drought to repair the dam. Once
the permit is obtained to make the dam repair permanent, the area will be permanently stabilized.
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list).
See attached list.
25. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
ACOE Temporary NWP 18 Action ID. 200201248 03 Sept 2002 16 Sept 2002
Would include but is not restricted to zoning, building, and flood plain permits
26. To the best of my knowledge the proposed activity described in my permit application complies with and will be conducted in a manner that is consistent
with the Louisiana Coastal Management Program.
Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is
complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent
of the applicant.
SIGNATURE OF APPLICANT DATE
SIGNATU OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized
agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and
willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be
fined not more than $10,000 or imprisoned not more than five years or both.
ENG FORM 4345NOD, Jul 97 EDITION OF FEB 94 IS OBSOLETE (Proponent: CECW-OR)
Attachment 1: Aerial photo (1998) of Nick's Creek showing shrub-scrub wetland at the Carthage
Water Intake, Moore County, NC.
N
400 700 0 400 Feet
W+ E
S
Attachment 2: Aerial photo (1998) of forested wetland along Drowning Creek, Moore-Richmond
County line, NC.
N
400 200 0 400 Feet
W +.
S
Attachment 3:
Species Specific Information
SWAMP TUPELO 0 8 L
Swamp tupelo (Nyssa sylvatica var. biflora) is also called blackgum; another common
name is swamp blackgum.
Habitat
Native Range
Swamp tupelo grows chiefly in the Coastal Plains from Delaware, eastern Maryland, and
southeastern Virginia, south to southern Florida and west to eastern Texas. Its range
extends north up the Mississippi Valley to southern Arkansas and west and south
Tennessee (17).
Climate
Swamp tupelo grows in a warm humid climate. Summers are long and hot; winters are
short and mild. The frost-free period ranges from 7 months in the northern area to 11
months in the South. Average July temperature is 26° C (78° F). The average January
temperature varies from 2° C (35° F) in the North to 18° C (65° F) in the South. Average
annual precipitation varies from 1020 to 1650 mm (40 to 65 in) and is lowest at the
northern and western edges of the range.
In the Atlantic Coastal Plain, summer usually is wettest and autumn driest. Precipitation
is more uniformly distributed along the gulf coast. Periodic summer droughts occur in the
western portion of its range.
Soils and -Topography
Swamp tupelo grows on a variety of wet bottomland soils including organic mucks,
heavy clays, and wet sands. It occurs mainly on soils in the orders Ultisols, Inceptisols,
and Entisols.
Swamp tupelo not only tolerates flooding but actually thrives under those conditions (16).
It is seldom found on sites that are not inundated much of the growing season. Swamp
tupelo grows in headwater swamps, strands, ponds, river bottoms, bays, estuaries, and
low coves. Normally it does not grow in the deeper parts of swamps or overflow river
bottoms.
The type of water regime is more important to growth of swamp tupelo than the soil type
(11). Best growth is achieved on sites where the soil is continuously saturated with very
shallow moving water. Growth can be reduced as much as 50 percent when the water is
stagnant, as in ponds. Intermittent flooding, with periodic drying cycles, or continuous
deep flooding even by moving water, also reduces growth.
http://www.na.fs.fed.uslspfo/pubslsilvics_manual/volume 21nyssalsilvatica.htm
Associated Forest Cover
Swamp tupelo is a major component of the" forest cover types Baldcypress-Tupelo
(Society of American Foresters Type 102), Water Tupelo-Swamp Tupelo (Type 103),
and Sweetbay-Swamp Tupelo-Redbay (Type 104) (9). In the following cover types it is a
minor component: Cabbage Palmetto (Type 74), Loblolly Pine-Hardwood (Type 82),
Slash Pine (Type 84), Slash Pine-Hardwood (Type 85), Atlantic White-Cedar (Type 97),
Pond Pine (Type 98), Pondcypress (Type 100), and Baldcypress (Type 101).
Other trees and shrubs commonly associated with swamp tupelo are red maple (Acer
rubrum), buttonbush (Cephalanthus occidentalis), buckwheat-tree (Cliftonia
monophylla), dogwood (Corpus spp), swamp cyrilla (Cyrilla racemiflora), swamp-privet
(Forestiera acuminata), Carolina ash (Fraxinus caroliniana), loblolly-bay (Gordonia
lasianthus), dahoon (Ilex cassine), inkberry J. glabra), yaupon (L vomitoria), fetterbush
lyonia (Lyonia lucida), and bayberry (Myrica spp).
http://wNvw.na.fs.fed.uslspfo/pubslsilvics_manual/volume 21nyssalsilvatica.htm
Botanical and ecological characteristics
Page 1 of 2
BOTANICAL AND ECOLOGICAL CHARACTERISTICS
SPECIES: Cephalanthus occidentalis 68 L
GENERAL BOTANICAL CHARACTERISTICS :
Buttonbush is a deciduous, warm-season, tall shrub or small tree that
can reach up to 18 feet (6 m) in height [28]. Its base is often
swollen. Branches are usually green when young but turn brown at
maturity. Buttonbush has opposite, lanceolate-oblong leaves about 7
inches (18 cm) long and 3 inches (7.5 cm) wide [24]. Tiny, white
flowers occur in dense, spherical clusters at the ends of the branches.
Fruits are a round cluster of brown, cone-shaped nutlets. The variety
angustifolius usually has leaves in whorls of threes [28]. The variety
pubescens has hairs on the lower leaf surfaces [8]. The variety
californicus has more lanceolate leaves than the other two varieties
[21).
RAUNKIAER LIFE FORM
Phanerophyte
REGENERATION PROCESSES :
Buttonbush regenerates by seed. Seed is best collected when the nutlets
have turned reddish-brown, and averages about 134,000 per pound
(60,702/kg) [31]. Pretreatment of seeds is unnecessary [3]. Seeds have
a low germination rate [28]. Buttonbush can also be propagated by
planting cuttings in moist, sandy soil.
SITE CHARACTERISTICS :
Buttonbush grows along swamps, marshes, bogs, ditches, and other
riparian areas that are inundated for at least part of the year [8,24]
It grows in alluvial plains that experience intermittant flooding, but
can be damaged by spring flooding [12,20,23]. Faber-Langendoen and
Maycock [7] reported that buttonbush was very tolerant of flooding and
that its abundance increased with increasing water depth. These authors
also reported an increase in buttonbush with an increase in light level.
Elevational and geographical distribution of buttonbush may be limited
by mean July temperatures of 68 degrees Fahrenheit (20 deg C) [13].
Elevations have been reported at 635 feet (193 m) in Illinois [1] and
between 60 and 160 feet (22-50 m) in Quebec [27]. Buttonbush was found
growing in sandy, loamy sandy, or alluvial soil with a sandy or silty
surface in Quebec [27].
Common associates of buttonbush include American beech (Fagus
grandifolia), red maple (Acer rubrum), sugar maple (A. saccharum), ash
(Fraxinus spp.), black oak (Quercus velutina), pin oak (Q. palustris),
tupelo and gum (Nyssa spp.), baldcypress (Taxodium distichum), southern
bayberry (Myrica cerifera), redbay (Persea palustris), holly (Ilex
spp.), dogberry (Ribes cynosbati), grape (Vitis spp.), viburnum
(Viburnum spp.), poison-ivy (Toxicodendron radicans), indiangrass
(Sorgastrom nutans), big bluestem (Andropogon gerardii), switchgrass
(Panicum virgatum), and sedge (Carex spp.) [5,7,11].
littp:/hvww.fs.fed.us/database/feis/plants/shrub/cepoccibotanical_and ccological_charact... 10/20/2004
Botanical and ecological characteristics
SUCCESSIONAL STATUS :
Buttonbus-h is a pioneer species in frequently flooded baldcypress/water
tupelo (Nyssa aquatica) swamps, establishing on rotting logs and stumps
[35]. In the Sacremento Valley, buttonbush/dogwood (Corunus spp.)
communities are succeeded by white alder (Alnus rhombifolia)/willow
(Salix spp.)/Oregon ash (Fraxinus latifolia) and eventually cottonwood
(Populus spp.) forests [36]. Buttonbush also colonizes lowland marsh
communities dominated by hardstem bulrush (Scirpus acutus).
SEASONAL DEVELOPMENT :
Buttonbush flowers between June and September and produces fruit between
September and October [8,24,28].
Page 2 of 2
http://wwNv.fs.fed.usldatabase/feis/plants/shrublcepoccibotanical_and ecological_Charact... 10/20/2004
Botanical and ecological characteristics
Page 1 of 1
BOTANICAL AND ECOLOGICAL CHARACTERISTICS
SPECIES: Cyrilla racemiflora PAC W
GENERAL BOTANICAL CHARACTERISTICS :
Cyrilla is a thicket-forming, tall, semievergreen shrub or small tree
growing to a height of 30 feet (9 m) [7,12,14]. It typically has a
short trunk with spreading, irregular branches and a wide, even crown.
Its narrow, long, elliptical leaves are semipersistent, alternate, and
clustered at the twig tips. The bark is thin and smooth. The perfect
flowers are in narrow racemes near the tips of the twigs and open in the
spring before new leaves appear. The fruit is a two-celled capsule with
two seeds in each capsule [8,27,33].
RAUNKIAER LIFE FORM
Phanerophyte
REGENERATION PROCESSES :
Cyrilla can reproduce sexually from seed, but most seeds do not
germinate. Its primary mode of reproduction is by vegetative sprouting
from adventitious buds on the roots following disturbance [6,17].
SITE CHARACTERISTICS :
Cyrilla is usually restricted to low elevation areas along streambanks,
river swamps, and bottomlands [3,7]. Cyrilla grows well where moisture
is abundant and fairly permanent [6,10].
Common tree associates of cyrilla include sweetbay (Magnolia
virginiana), blackgum (Nyssa sylvatica), sweetgum (Liquidambar
styraciflua), flowering dogwood (Corpus florida), sassafras (Sassafras
albidum), loblolly-bay (Gordonia lasianthus), and red maple (Acer
rubrum). Common understory associates include gallberry (Ilex glabra),
yaupon (I. vomitoria), southern bayberry (Myrica cerifera), zenobia
(Zenobia pulverulenta), swamp-bay (Persea borbonia var. pubescens), and
myrtle-leaved holly (I. myrtifolia) [2,16,26,35.].
SUCCESSIONAL STATUS :
Cyrilla grows well under full sunlight and can survive under a closed
canopy [6]. Cyrilla is an early invader of disturbed sites. It
eventually crowds out shade-intolerant species and becomes part of the
dominant overstory [23,36].
SEASONAL DEVELOPMENT :
Cyrilla flowers appears from early May through July; the fruit ripens
from late August through early October [27,33].
http:/hv%vw.fs.fed.us/database/feis/plants/shrub/cyrTacibotanical_and ecological_characte... 10/20/2004
f r
Attachment 4:
Scrub-Shrub Swamp Photos

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Photo #5 looking southwest at area determined to be "impounded".
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WETLAND DELINEATION SURVEY FOR
TOWN OF CARTHAGE
NICK'S CREEK TRACT
HcNEIIL TOWNSHIP
UCORE COUNTY NORTH CAROLINA
AUGUST. 2004 SCALE L' : 300'
REVISED: OCTOBER 21. 2004
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L1 16.72' S 71'05'37"?W; -7L237 - 32.66' N 08'54'53" E
1
L156 6:07' •S 89-45'28-'-W- ' L238 24.02' N 33'29'22" E
1-157 ; 11:31 N''52'16'54" W L239 31.27' S 40'03'04" E
L158' '8.90' N 00'09'54" E L240 45.57' S 00'53'47" W
;',,059 '25.68' N 53'18'18" E L241 49.33' S 89'36'06" E
L160 26.50' N 45'01'20" W L242 42.39' N 12'07'02" E
L161 38.27' S 61'28'35" W L243 47.70' N 01'52'08" W
L162 7.66' N 88'49'43" W L244 84.55' N 19'31'38" E
1-163 14.93' N 3535'02" W L245 63.37' N 30'58'53" E
1-164 18.88' N 11'34'59" E L246 38.31 N 24'27'10" E
L165 21.65' N 10' 10'49" E L247 9.86' N 16'41'02" E
L166 24.88' N 19'57'31" E L248 26.05' S 75'45'10" E
L167 40.28' N 29' 10'59" E L249 73.30' N 24'56'46" E
L168 35.74' N 4227'13" E L250 91.17' N 17'03'37" W
L169 35.42' N 39'24'54" E L251 16.23' N 21'37'49" W
L170 37.60' N 38'55'24" E L252 79.68' N 32707'57" E
L171 19.27' N 48'19'32" E L253 9.25' S 54'3012" E
A
P.A.
WILLIAM C. McILY/NN. JR. a SOW tFaMT&ASM" log
300 S.W. BROAD STREET
SOUTHERN PINES. N.C. 28387 ?y?`
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LEGEND
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O EIP EXISTING IRO
O EIS EXISTING IRO
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SURVEYED
B
- - COMPUTED
-----------=-- SURVEY TIE
- - ROAD RIGHT
1-111 14.26' S 47.10' 11 " W L193 14.57' N 35'46'53" W L34
1112 29J58' S 49'49'50" W L194 12.87' N 25.16'31" E MATCH UNE M L32 1-241 L224
L113 22.14' S 63'02'26" W L195 4.99' N 31.10'15" W L240
L114 29.99' S 48'52'27" W L196 15.02' S 80'51'42" W
L115 39.11' S 53'43'28" W L197 25.36' N 6713'46" W

L116
15.32'
S 29'13'50" W
L198
18.47'
N 04'45'23" W L31
1-242
L117 15.87' S 56.37'02" W L199 28.44' N 39'51'40" W L243 L238
L118 23.98' S 53'56'50" W L200 4.38' N 38.52'23" E L244
L119 30.00' S 55'27'59" W L201 28.78' N 6557'26" E L245 L239
L120 13.96' S 32'51'21" W L202 18.72' S 76'32'15" E L246 L229
L121 14.86' S 52'50'16" W L203 39.53' S 29'53'34" E L247 L230
L231
L122 15.66' S 44'46'23" W L204 10.33' S 01'23'34" E
L123 33.23' S 47'01'35" W L205 61.36' S 33'08'25" E L232
L124 8.43' N 86'35'32" W L206 38.39' S 40'03'15" E
L125 18.71 N 49'32'46" W L207 29.52' S 45'48'57" E
L126 9.70' N 15'00'29" E L208 32.84' S 88'19'14" E N
L127 7.50' N 31'35'10" W L209 16.30' N 7621'11" E
L128 10.92' S 66'16'31" W L210 45.23' N 25'46'07" E 3,
L129 33.18' N 39'23'48" W L211 58.44' N 16'40'51" E L233
L130 82.51' N 3T37'55" W L212 48.79' N 05'48'45" E L248
L131 5.89' N 08'25'59" E L213 97.53' N 05'46'31" E
1-132 21.33' N 19'21'30" W L214 33.01' N 17* 19'37" E L250
L133 12.26' S 87'11'27" W L215 29.73' S 29'22'15" E
1-134 17.86' S 69'47'14" W L216 49.17' N 64'14'04" W L251
1-135 172.67' S 39'05'53" E L217 41.23' S 51'28'34" E
1-136 18.11' S 22'05'58" E L218 27.77' N 86.10'45" E L252
L137 16.46' S 11'32'03" W L219 47.28' N 29'34'17" E
L138 28.05' N 75'50'18" E L220 59.31' N 71'47'09" E
L139 100.25' S 44'27'00" E L221 84.69' N 78' 14'21 " E
L140 164.01' S 41'26'53" E L222 36.45' N 8343'38" E w .
L141 8.63' N 59'57'21" E L223 23.83' N OT03'26" E Z
L142 23.48' S 38'46'34" E L224 38.36' N 44!27'23" W .-?
L143 13.56' S 58'38'41 " W L225 9.13' S 30'47'42" E
L144 26.28' S 03' 18'31 " E L226 65.30' S 30'18'50* E
L145 12.24' S 67' 17' 10" W L227 27.69' S 83'22'36" E
L146 18.80' S 82'54'40" W L228 48.72' N 74'18'45" E
L147 23.80' S 53'04'35" W L229 15.73' N 44'39'52" E
L148 13.17' S 18'46'16" W L230 36.26' N 44'41'14" E
L149 26.07' S 7910'37" W L231 35.26' N 6T25'22" E
L150 10.77' S 32'23'59" E L232 12.30' N 09'44'50" E
L151 13.37' S 32'44'03" W L233 17.61' N 69'19'36" W
L152 16.06' N 52'28'02" W L234 19.71' S 89'23'17" W
L153 17.30' N 72'50'16" E L235 20.67' S 66'45'53" W
L154 15.26' N 27'50'08" W L236 19.32' N 51'13'12" W
------ L155 16.72' S 71'05'37" W L237 32.66' N 08'54'53" E
L156 6.07' S 89'45'28" W L238 24.02' N 33.29'22" E
L157 11.31' N 52'16'54" W L239 31.27' S 40'03'04" E
L158 8.90' N 00'09'54" E L240 45.57' S 00'53'47" W M ATCN L I N E P
L159 25.68' N 53.18'18" E L241 49.33' S 89'36'06" E
L160 26.50' N 45'01 •'20" W 1-242 42.39' N 12'07'02" E
, gz1 ZO n?7• C a1.7fl•2?." W 1 74; d7 7n' N nl•.r17'ng" w .

WETLANDS
LINE TAB LE LINE TAB LE
LINE LENGTH BEARING LINE LENGTH BEARING
L90 15.75' S 83'03.'44" W L172 36.65' N 42747'14" E
L91 21.76' S 50'47'53" W L173 12.22' N 84 01'22" E
L92 37.45' S 20'27'06" W L174 4.81' N 41'13'40" E
L93 45.43' S 39'53'44" W L175 9.50' N 19'23'57" E
L94 58.91' S 48'03'41 " W L176 51.35' N 44 12'12" E
L95 32.42' S 47'36'26" W L177 17.57' N 65'11'20" E
L96 24.47' S 20'27'27" W L178 18.93' N 68'22'56" E
L97 18.73' S 68'09'18" W L179 9.65' N 70'56'26" E
L98 73.21' S 46'35'35" W L180 9.16' N 50'00'30" E
L99 92.75' S 48'50'16" W L181 15.76' S 06'44'15" E
L100 35.67' S 46'56'46" W L182 15.25' S 21'56'00" E
L101 30.19' S 26'02'05" W L183 56.49' N 2655'04" E
L102 21.24' S 03'18'21" E L184 42.50' N 4423'16" E
L103 34.65' S 38'40'59" E L185 69.07' N 3636'30" E
L104 9.22' S 41'51'30" W L186 62.60' N 1413'35" E
L105 19.91 N 83'33'36" W L187 80.44' N 36'13'36" E
L106 22.25' N 46'47'23" W L188 33.06' N 20'53'12" E
L107 24.76' N 68'51'12" W L189 26.29' N 49'55'20" W
L108 37.61' S 52'55'01" W L190 33.73' N 02'47'02" E
L109 41.89' S 51'39'07" W L191 44.14' N 37'46'22" W
L110 17.87' S 68'48'17" W L192 18.74' N 5356'09" W
L111 14.26' S 47' 10' 11 " W L193 14.57' N 3 '46' 3"
L112 29.88' S 49'49'50" W L194 12.87' N 25' 16'31 " E
9 1 7 . ., - n ,.nn,.. n.. ... 1 1 nr. . ..... .. ?... ...
L124
L123 -
L7 22 --?
L121 -?
L138
L125 --/
L127
L128
L129
L130
L133
L137
--- L136
L12 L135
L131
L132 L120
L119
L118 -
L117 ?
L134 L1Ll 16
15
Ll 14
-?\
L113 3 \
L112
L110
L107
L105
L104
L106
1111
L103 L101
L100
L96 L99
?$ L18
L97 L1
L95 L181 -
El L94 L18
L93 L185
L92 L186
L91 L187
L90 L188
L41 L44 L210 ,
L43 L211
L212
L42 L213
L40 L214

L293 338
L
L3
L222 L220
L223
\
a ?
L221 -, \ \
1 ?O?N "? L224
rIHlLFi ?-INC r •• •• ?••^•. v1%•, .1LIAC.p1 VCRIIr1 Irv11 Mr. YMILANUJ CUUNL)AKT Ut1'lUItU UN
THIS MAP IS THE RESULT OF A FIELD • SURVEY AND/OR MEASUREMENTS, CONDUCTED
BY HOBBS. UPCHURCH AND ASSOCIATES, PA
APR oFEssi ti
a SEAL
L-2421 Orr .
<<?,?'''YyO,? UR \?A
C me
?P
Tv.A(_y E. RUSH
I, DR. d.1 1. effffER?.?. , HEREBY CERTIFY THAT THE WETLANDS DELINEATION
SHOWN ON THIS MAP REPRESENTS THOSE AREAS THAT WOULD BE DEFINED AS 404
JURISDICTIONAL WETLANDS BASED UPON THE BEST OF MY KNOWLEDGE, EXPERIENCE,
AND FIELD INVESTIGATION.
n
Q
w
J
i
r
a

RO ROD
RO PIPE OR PIN
ZO STAKE
ON RETE MONUMENT
R D SET
PO INT
B OUNDARY LINE
1- UNDARY LINE
ELI E
4T OF-WAY
SIGNATURE
THIS CERTIFIES THAT THIS COPY OF THIS PLAT IDENTIFIES AS WATERS OF THE U.S. OR
WETLANDS ALL AREAS OF WATERS OF THE U.S. INCLUDING WETLANDS REGULATED PURSUANT
TO SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS
DATE, UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THIS
DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT
TO EXCEED FIVE YEARS FROM THIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE
1987 CORPS OF ENGINEERS WETLAND DELINEATION MANUAL
SIGNATURE
300
G
ca I
wl
J
2
N
Z=
300
( IN! 1 inch
L217
L218
L228
r- L227
L236
?L226
L225
L237
3
L206
I:=?e5 L198
L199 GENEVA B. MONROE
DB 381 PG 326 AA17
AA16 A51
A50

L195
L204
L200
I" ATL' H LIME L AAlb
AM 4 Altu -\

A48
AA13
L203 L1L201
96 AA6 AA12 A47
A5 6 -
L202 AA4 AA?
AA3
AAIO ??
AA2 p AAS
AA8 A36.
AA1 AA7 A35 ---
L
A34 --
A33
t A32
A31:7
rte,
A;
A44
- A
L2
LYNr
EIR

w
s
H
ik
A5

'/ A2

EIR A3
Al
n^
L MALCOLM CLARK I
DS 645 PG 1
I, WILLIAM C. McILWAIN, JR., HEREBY CERTIFY THAT THE WETLANDS BOUNDARY DEPICTED ON
THIS MAP IS THE RESULT OF A FIELD SURVEY AND/OR MEASUREMENTS, CONDUCTED
BY HOBBS, UPCHURCH AND ASSOCIATES, P.A.
A*li;::CA?J?JoNj
r A`gsss1*o*%'-"L
?11 00"o
;IGTURE a? SEAL
L-2421 r4;
r 4%A C'
?I
k
Y

10 r L163
1. 108
102
08
02 L164
L165
L173 L166
L167
L174 L
168

8 L1
75 L169
L170
1 3 L171
{ L172
18 L176
5 L177
L178
L179
L180
L141 -
L143
LLL14444 -?
L11465i
L147
L148
L149
L150
L152 /
L153 L155
A209
L142 A208
A210 A207
L157
L151 L158
- L154 L162
L161
L156 L159
L160

L215
L216
Qe r- L252
JURISDICTIONAL WETLAND AREA - 29.83 ACRES
AREA OF IMPOUNDMENT - 4.49 ACRES
FORESTED WETLAND AREA - 25.34 ACRES
.,, L208
L209 -
L207 -
L206
i lot;
L189
L190
L191
L192
L94
L194
L197
L198
?L199
It"
A104 -?
A105
A106
A107 -
A108
A109 -
A110
and
r ?
A211 A206
A212 / C
WILLIE DALLAS MONROE
GENEVA B. MONROE
DB 381 PG 326
FF
sTwcECI-mwooo??
\ A225
- A118 A226 . ?`
A117
A116 2827
A115 24
-"- A113 A229 7
A112 A231 R
AA27
A111 26 A223
AA25
AA24
AA23
AA212
AA20 A52
1 W8 AA17 A51
AA16 ---? _ A50 --?
W4 -\l edQ

Ld
J
h
s
3 C SCALE
N FEET )
h = 30D it

L43 51.46
L44 319.68'
L45 497.09'
L46 194.79'
L47 '
98.69
HATCH LIME D L87 15.27'
L88 156.85'
L89 32.99'
V
W
Z
.s

V
F

WETLAND DELINEATION SURVEY
McNEILL TOWNS
MOORE COUNTY l
AUGUST, 2004
REVISED: OCTOBER 21, 2004
ORTH CAI
CALE 1"

A95 A94 L1-
4
EIP 1

LI 4E N
MATC
L1
211.72'
5 A75 6 EIR H
A93 L2 198.41'

A71
L1 A92 L3 197.59'
L17 7 A90
A9 L4 197.53'
A
4
L15
A89 l L5 199.25'
EI 70 73 L16 A77 ?
A L6 79.62'
A55 A69 A72 A78 A87 L7 23.60'

? A79 A86 L8 43.51'
A L19 A80 A85 i L9' 294.18'
`p 1 A81 L10 114.24'
A40
9 A82 A84 L11 97.89'
2 A69 A83
A68 i
L
L12
300.66'
A67 r L13 163.53'
'N CLARK A55
MEDLIN A66 L14 40.11'
ILL 91E- 177 A56 A65
L15
60.91'
A57
A64 L16 258.54'
A58 ? L17 66.98'
A59 A63 L18 77,18'
A60 L19 72,24'
A61 A62
L20
101.36'
w L21 60.95'

A31 L22
195.26'

A30
J L23 203.06'

A29 L24 120.48'

A28 L25 163.98'
' L26 142.80'
A27
A21
si
L27
78.94'
A26 A20 L28 61.34'
A25 A19 L29 25.02'
A24 A18 L30 43.59'
A3 AA16 L31 37.64'
A22 A15 L32 15.21'
A8'? L33 32.59'
L34 23.11 '
i.u
A10 A14 L35 35.68'
A11 A13 L36 30.80'
'
A12 L37 36.44'
L38 27.70'
L39 11.43'
L40 198.30'
1-
L41
112.35'
L42 62.71'
L43 51.46'
L44 319.68'
L45 497.09'
L46 194.79'
M AI N u o E D L47 98.69'
L87
L88
L89 15.27'
156.85'
32.99'
Ill
Z
WILLIAM M. TUNSTALL, 1
= and wife, WANDA S. TUNSTALL
DB 1680 PG 48 i
Q PLAT CAB. 2 SL 392 1
`o
\ 1?
L LEE JOHNSON \
!c, DEANNA W. JOHNSON \
D 2093 PG 441 \ ESP \
CAB. 2 SL 392 \ r
-"X" IN PAVEMENT-?_ S 'y \
O ? ` ` Vag
EIP \
OMB "CONTROL CORNER"
cep pQ ?p 'y1
S A204
\ 1.203
EIP 05 AREA OF
?-
A 6
NOTE:
PROPERTY LINE RUNS WITH THE
CENTERLINE OF N.C. HWY #22
Al 92 Al 91 Al 90
A193 Al 89
A194 Al 88
Al 95
A196
A197
Al 98
Al 99
A200
A201 A187
A202 A186
Al 85
ti A184 A181 -

T2 Al 47
5 A213 A137A138 Al 46
A214 ?S A136 Al 45
A215 A129 A144
A216 Al 43
A217 Al 30 Al 42
A218 Al 31 Al 41
A219 Al 28
A220 A127
A221 Al 26
A222 Al 24 A125
Al 23
A103
-- A102
A100
A99
3 A98 EIP
- A54 A97
A95 _ .

Al 32 Al 33
A122
Al 21
Al 20
- "
A119
Al 18
6ti 65 ??
. Al 40
Al 39
A135
A134

ECM
L11
Al 75
?- A174
. Al 76
- Al 77
Al 83
A182
Al 78
`- Al 79
Al 80
Al 72 Al 71
rL6
Al 69
A167 -?
L7
L8? \ Al 615 6 -•
A164 -?1
Al 61 -?
A160 --?
Al 59
Al 58 -'
Al 57 -
HARVEST CHURCH OF GOD
DB 1249 PG 175
P
M
co
Z FO)
zz V'SITE

VICIN17
Al 70
Al 68
Al 6:
b1 Al 56
15
A155
11A551153354
A0
A149
A148
?- A147
- Al 53
A151
Al 52
O
IX
BOUN
LINE TAE
LINE LENGTH
Ll -91179-
Lett bZ./1
L43 51.46'
L44 319.68'
L45 497.09'
L46 194.79'
CH LAME D L47 98.69'
L87 15.27'
L88 156.85'
L89 32.99'
V
W
7
J
2
h
4
-5
WETLAND DELINEATION I SURVEY FOR
McNEILL TOWNSHIP
1200 MOORE COUNTY NORTH CAROLINA
AUGUST, 2004 SCALE 1" = 300'
REVISED: OCTOBER 21, 2004
112 1
EIP
1R A93
L14 A9 A91 j
L15 X15 A90
A77 A89
A78 AA87
A79 A66 i
A80 A85 i
A81 J
A82 A84
A69 A83 i
A A67
A66
A65
A64
A63
0
A61 A62
A21
A20
- A19
- A18
r- A17
A16
?-- A15
A14
LINE LENGTH BEARING
L1 211.72' S 21'30'20" E
L2 198.41' S 27'40'02" E
L3 197.59' S 34'09'02" E
L4 197.53' S 44'02'02" E
L5 199.25' S 53'01'48" E
L6 79.62' N 55'21'02" W
L7 23.60' N 29'23'29" E
L8 43.51' S 68'17'53" E
L9 294.18' S 09'30'37" W
L10 114.24' S 09'30'37" W
L11 97.89' S 26'08'03" E
L12 300.66' N 79'28'20" W
L13 163.53' S 03'51'54" E
L14 40.11' S 65'16'58" W
L15 60.91' S 65'16'58" W
L16 258.54' S 65'16'58- W
L17 66.98' S 65'16'58" W
L18 77.18' S 65'16'58" W
L19 72.24' S 57'54'21 " W
L20 101.36' S 5754'21 " W
L21 60.95' S 57'54'21 " W
L22 195.26' S 32'11'21" W
L23 203.06' S 32'11'21" W
L24 120.48' S 08' 13'04" W
L25 163.98' S 08' 13'04" W
L26 142.80' S OF 13'04" W
L27 78.94' S 33'07'57" W
L28 61.34' S 43'47'26" W
L29 25.02' N 76'36'57" W
L30 43.59' N 62'50' 13" W
L31 37.64' N 87'52'12"- W
L32 15.21' S 03'42'10" E
L33 32.59' S 16'22'16" W
L34 23.11' S 12'22'46" W
L35 35.68' S 01'38'20" W
L36 30.80' S 03'08'28" W
L37 36.44' S 02'06'17" W
L38 27.70' S 34'29'21" W
L39 11.43' S 11'20'43" W
L40 198.30' N 3T 14'00" E
L41 112.35' N 3714'00" E
L42 62.71' S 46'50'09" W
L43 51.46' S 26'15'07" W
L44 319.68' N 3T 14'00" E
L45 497.09' N 44'57'42" W
L46 194.79' N 40' 10'59" E
L47 98,69' "
N
L87 15.27' S '3T55'31" W
L88 156,M' ,",,f S; 57-27'0 " W
I :ISiQ. =-. _ :,.zn'nri! .= a -Crf•n-??nn" r.
JSTALL 1
)2 I
i
NOTE:
PROPERTY LINE RUNS WITH THE
CENTERLINE OF N.C. HWY #22
\ A192 A191
' A193
A194
A195
? EIP A196
EIP
"CONTROL CORNER"
A173
t
AP,EA OF
1MPOUND)JENT
Al 38 Al 46
Al 37
Al
\

Al 39

A132 Al 33
A122
A121
A120 '
-- A119
. A118
6 ?6y k?`
A147
A145
2 A144
l A143
A142
A141
A140
A135
A134
Al 97
b
A198
8
\ A199 -?
\ A200-?+
\ A201
A202

ECM
L11 I
I
f
A190
A189 A175
A188 A174
A176
A177
A183
A182
,187 A178
A186
A185 A179
A184 A180
A181
A172 A171
rL6 Al 69-
?
A167"---,,
L7? A1615 6 _•
L8? \ A164 -?
A161
A160 -?
A159 ---
Al -
A157 -
Go
Q
o - -
U
Z
A170
A168
A162
bz Al 56
Al 55
11A5513354
? AA150
- A1
A14849
A147
- A153
A151
A152
HARVEST CHURCH OF GOD
DB 1249 PG 175
NATO-" I. i M E Is
FOXCROFT RD.

v Rp.
?y5
SITE
MOORE COUW
AIRPORT
AIRPORT
ROAD
I I VICINITY MAP NT.S.li
a
w
2
J
J
BOUNDARY
LINE TABLE
1 imr7 I FAII_TU RL'ARIAI!_
1
Attachment 6:
Letters from N.C. Division of Water Resources
u[/1u/yV 15:47 Prom: Woody Yonts, P.E. 9197333555
; , Page 2 of 2
Division of Water Resources
Water Projects Section
February 8, 1999
MEMjMNDUf
TO: Tony Young
PROM: Jim Mead
SUBJECT: Town of Carthage, Raw Water Supply Expansion
I am responding to a letter sent to you by Hobbs, Upchurch and Associates dated January 25, 1999. Bill
Lester of that firm has also contacted me directly to discuss plans to increase the withdrawal from Nick's
Creek.
The existing intake has a capacity of 4.511/IGA and the proposal is to expand this to 1..0 MGD. Given a
7Q10 estimate of 2.9 cfs (source: Woody Yonts), the present capacity constitutes 26.6% of the 7QI0 and
the expansion could withdraw 53% of the 7Q10 low flow.
This is the same proposal considered previously by DWR and the Wildlife Resources Commission (WRC).
In May of 1996, DWR and WRC conducted a site investigation to determine the habitat rating in the
affected roach of Nick's Creek. The initial finding was a rating of "good," which was confirmed by a DEM
fist) community study in June of 1996. At a meeting in Carthage on June 25, 1996, we informed the Town
that an instream flow field study (IFIM) would be required to evaluate any expansion of the withdrawal.
Dobbs, Upchurch was not represented at this meeting.
At the June 1996 meeting DWR informed the Town that we could conduct the study for them, but our
schedule depended on other work commitments. We advised them that a consultant might be able to
accomplish the work more quickly, and that we could provide a list of firms with IFIM experienec. We
have heard nothing about this proposed expansion since that meeting.
Because the design withdrawal would be more than 20°/b of the 7Q10, an environmental assessment would
be required under the rules governing conformity with the North Carolina Environmental Policy Act -
specifically I5A NCAC 1C.050d(b)(ii). The EA would be required to include the IFIM study and any
necessary minimum flow provisions before a FONSI could be considered.
Due to work associated with the Roanoke Rapids re-licensiuag and other projects, DWR could not even start
an IFIM study for Nicks Creek until the fall of 1999 at the earliest. We would be glad to provide the list of
consultants, as offered earlier, and would be closely involved in any study design and data collection.
cc: Sutherland; Reed, Yonts, DWR
J.D. Monroe, DEH-PWS, FRO
lU/ LI! 4UU4 11. JL Jl UV JL-If J.J l"Alat U.1t UJ
08/20/2001 07:41 9109473079 TOWN OF CARTHgGE PAGE 02
North Caroli
Department
Division of I
Michael F. F.
Jobn Morris,
Environment and Natural Resources
ter Resources
1, Governor
Jr., Somlary

', ?Ma<n}i?Z?, 2001
The Honorable
Town of Carth,
PO Box 842
Cmthagc? NC
Dear Mayor
Ceddcll, Mayor
6327-0842
The Divisi of Water Resources (DWR) has complctcd its review of the kmh mai flow study
of Nich Creek bct%= Highway NC22, what the Town of Carthage has its water will,
and the connut am with the Little River. The Town of Carthage has proposed to iucte? its
Nicl3 Q=k firam 0.5 mgd (0.77 cfs) to 1.0 mgd (1.546 cfs).
The Will
the withdrai
Additional r
the 1.0 mgd
PmJect-
Reslmr= Commission and DWR Dave concluded that the proposed 4=cast of
a 1.0 mgd vdJ1 not cam a significant loss of zquutic habitat in Nicks Crctlc-
w will be required should the towtt propose to increase their withdrawal above
t. Please contact me if you have any questions or comments regarding this
Sincerely,
J7 oha Sutherland, Supervisor
waW Proj= section
cc: woody
1611 Mail Service Carr, Raleigh, North Carolina, 27699-1611
AN EQUAL O Y 1 A 7fFIRMATTIVE ACTION1E9MPLOYER 6 50% RECYCLED / l i , POST CONSUMER PAPER
Attachment 7:
Dam and Spillway Photos after Tropical Storm
Impoundment
Spillway
Attachment 7: Photos of the Nick's Creek impoundment and spillway following heavy
rains from tropical storms in early September, Moore County, NC.
Spillway
_w
ti
A
Downstream
Attachment 7: Photos of the Nick's Creek impoundment and spillway following heavy
rains from tropical storms in early September, Moore County, NC.
Attachment 8:
Detailed Plans and Specifications
CAA saL
ROAD
l a
V!pe fir
rf L ? Pkw ? r r
TEIU20RAM 'DAM ?1Ju q

ESS
EDGE OF WOODS
PROPOSED
?3?-Sc? SILT FENCE
NICK'S
CREEK
SEE DETAIL SHEET FOR
SPILLWAY DESIGN SECTION DETAIL
EXISTING CATE
AND SECTION
FENCING
PROPOSED
SILT FENCE
a 111111111
d
4
CMP VERT: 6.62
r N.C. HWY. 22
V
O ?
V
EDGE OF
WOODS tl
J ?
J =
?o
EXISTING SOIL ACCESS ROAD TO
iZ?b1 SITE FROM HWY 22
EXISTING
SANITARY
SEWER MANHOLE
1 ' EXISTING GATE
AND SECTION OF p -[
0.
FENCING s 20

? IL
w?u OCT- 2002
0cvcn[u: DOL
aan m OFW
GRAPHIC SCALE
a
ca[c. DGL
AS SHOWN

a rw) cn ho.
1
Are . w t
I
END OF
EXISTING
WOODS CREEK BANK SHEET PILES
BEYOND
?a T.T S PT
AT LOW LEVEL -
EXISTING CREEK
FLOWS AROUND END
OF SHEET PILES
WOODS
EXISTING ELEVATION AT SHE PILES
SCALE: 1/2•-1'-0'
(APPROX. 150 LF UPSTREAM FROM NICK'S CREEK RA WATER INTAKE ST)
END OF
EXISTING STEEL
SHEET PILES
SOIL BORROWED FROM
OPPOSITE CREEK BANK
EXPOSED
\ \ \ \ \ STEEL SHEE
\n\.? PILES
ELEVATION OF DAM UTILI ING EXIS
SCALE 1/2"=1'-0'
(APPROX. 150 LF UPSTREAM FROM NICK'S CRE RAW WATER INTP
CREEK BANK ROPOSED RIPRAP
BUILT-UP' N BOTH CREEK B?
WITH SOIL FROM OR SLOPE PROTEC
OPPOSITE CREEK BANK
FLOW

ExlsnNCl /
t-' EXISTING
CREEK
STEEL PI
I
BOTTOM
PILINGS DI
01
SECTION THRU WEIR
SCALE: 1/2"-l'-O'
W
w
Z
J
'6
~ EXPOSED
Q STEEL SHEET
PILES
T PILES
WATER INTAKE STRUCTURE)
WOODS
i
28'+
EXPOSED
STEEL SHEET ?J PILE RIPRAP BEHIND
PILES / I PILINGS AS SHOWN
ING EXISTING SHEET PILES
RAW WATER INTAKE STRUCTURE)
POSED RIPRAP TO BE PLACED
BOTH CREEK BANKS PROPOSED WEIR TO BE
SLOPE PROTECTION CUT INTO EXISTING
STEEL PILINGS
PLACE RIPRAP
FOR CREEK &
PROTECTION
FLOW
VARIES
VARIES
'A
K7
PROPOSED RIPAP
TO BE PLACED ON
DOWNSTREAM SIDE
OF SHEET PILE DAM
RIPRAP ON
DOWNSTREAM SIDE
OF DAM
WATER EXPOSED
LEVEL STEEL SHEET
PILES
WOODS
VARIES
CE DAM ELEVAT
,W W TER INTAKE STRUCTURE)

J
f" -
SIC 'S CREEK
I KE DAM PLAN
'*
CREEK BANK
CREEK BANK
`s
WOODS
EXISTING BURIED
STEEL SHEET
PILES
WOODS
EXISTING EXPOSED
STEEL SHEET
PILES
nlv y? _
l'
10
00
b = N
r%m
Vv
d
a. ?
o ?
t? 4
H
Q 4 `
oZf O (!? S.
a °
o
X
a
0600 aW
< L7
?ooZ ?O
p- w
CATU AUGUST, 2004
D6 M BGL
owirN: Drw
wMKM SCL
SCALC AS SHOMM
s.w ND. 2
:EK IkAW WATER INTAKE STRUCTURE)
-? RIPRAP
SLOPE
WOODS PROTECTION
CREEK BANK
WATER
LEVEL
NICK'S CREEK WATER INTAKE DAM ELE
SCALE: 1/2"-l'-O'
(APPROX. 150 LF UPSTREAM FROM NICK'S CREEK RAW W TER INTAKE STRU
WOODS
W RIP ITYPICA
L
CREEK BANK
4'
WEIR
WEIR
1
END OF DIRT ACCESS ROAD
NI(
NICK'S CREEK WATER INT
SCALE: 1/2*-1'-0'
(APPROX. 150 LF UPSTREAM FROM NICK'S CREEK
J'
?n
'S CREE
DAM
WATER?-
PROPOSED CREEK EDGE

O REMOVE EXISTING L
TREES AS REQUIRED[

rt:Y ?Y%: •a??w• ?.'*=,tii ?:.? c;,;.?`S ?:z...,- :tom".
?f1 1et1.?s?l.ycfl'S1F cf1 r e
CREEK DANK
RIPRAP
TYPICAL
EXISTING CREEK EDGE

I?e2?t?
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PPLICH'TION FOR DEPARTMENT OF THE ARMY PERMIT
(33 CFR 325}
OMB APPROVAL NO. 0710-0003
Expires December 31, 2004
The Public burden for this collection of information is estimated to average 10 hours per response, although the majority of applications should require 5
hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing. and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law,no
person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.
Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction
over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403;Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research and
Sanctuaries Act, 33 USC 1413. Principal Purpose: Information provided on this form will be used in 'evaluating the application for a permit. Routine
Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of requested
information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
An application that is not completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED d. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANTS NAME E . AUTHORIZED AGENTS NAME AND TITLE (an agent is not required)
Town of Carthage Dr. J.H. Carter III
Carol Cleetwood - Town Manager Environmental Consultant
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
4396 Highway 15-501 (Town Hall) Dr. J.H. Carter III & Associates, Inc.
Carthage, NC 28327 Environmental Consultants
515 Midland Road, Suite F
Southern Pines, NC 28387
7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE
a. Residence N/A a. Residence N/A
b. Business [phone] b. Business [phone]
1 1. STATEMENT OF AUTHORIZATION
I hereby authorize, Dr. J.H. Carter III & Associates, Inc. to act in my behalf as my agent in the processing of this application and
to furnish, upon request, supplemental information in support of this perm it application.
See attached authorization letter
APPLICANT'S SIGNATURE DATE
NAME, LOCATION, AND DESCRIPTION OR PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
Town of Carthage Water Intake Dam
13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable)
Nicks' Creek
N/A
15. LOCATION OF PROJECT
Moore County North Carolina
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) Section, Township, Range, Lat/Lon, and/or Accessors's Parcel Number, for example.
Lat: 35.2525247 N Long: 79.4134021 W
PIN Number: 857403448852701
17. DIRECTIONS TO THE SITE
Project is located immediately west of N.C. Highway 22 at its intersection with Nick's Creek, approximately 2 miles north of the Moore County
Airport and approximately 1 mile west of Spring Valley Lake in Whispering Pines (see attached map).
ENG FORM 4345NOD, Jul 97 EDITION OF FEB 94 IS OBSOLETE (Proponent: CECW-OR)
18. Nature of Activity (Description of project, include all features)
The proposed project involves the repair of an existing dam located on Nick's Creek at N.C. Highway 22. Nick's Creek had relocated to the north side
of sheet piling located within the existing dam onsite. This breach caused the water level behind the dam to drop below the water intake structure for the
Town of Carthage during drought conditions in 2002. The breach was repaired with fill (upland soil) and a new dam opening created in the center of the dam
at the original (historical) location of Nicks' Creek and where the existing sheet piling was located. The elevation of the sheet piling allows water to be held
back enough to keep the water intake flooded. The spillway where Nick's Creek is now located was also stabilized with rip-rap. A total of 3200 square feet
0.073 acres) of disturbance occurred during the repair of the dam.
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
The proposed project involves the repair of an existing dam located on Nick's Creek at N.C. Highway 22 in order to keep the Town of Carthage's
water intake flooded during drought conditions.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Fill material was discharged into Waters of the U.S. (Nick's Creek) in order to repair a dam breach during an extreme drought. Nick's Creek was then
relocated to its original channel in the center of the dam. The Town of Carthage would like to make the dam repair permanent in the event of future
droughts.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Approximately 120 cubic yards of upland soil was used to repair a dam breach in an existing dam located on Nick's Creek at N.C. Highway 22.
In addition, 133 cubic yards of rip-rap was placed within the relocated channel of Nick's Creek in order to stabilize the area.
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Approximately 0.073 acres of waters were filled, but the stream was relocated to its original channel so there was no net loss of stream channel.
23. Is Any Portion of the Work Already Complete? Yes X No - IF YES, DESCRIBE THE COMPLETED WORK
Approximately 90% of the work is already complete. A temporary permit was obtained in 2002 during an extreme drought to repair the dam. Once
the permit is obtained to make the dam repair permanent, the area will be permanently stabilized.
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list).
See attached list.
25. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
ACOE Temporary NWP 18 Action ID. 200201248 03 Sept 2002 16 Sept 2002
Would include but is not restricted to zoninq, buildinq, and flood plain permits
26. To the best of my knowledge the proposed activity described in my permit application complies with and will be conducted in a manner that is consistent
with the Louisiana Coastal Management Program.
Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is
complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent
of the applicant.
SIGNATURE OF APPLICANT
o ?3a-D?
DATE SIGNAT RE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized
agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and
willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be
fined not more than $10,000 or imprisoned not more than five years or both.
ENG FORM 4345NOD, Jul 97 EDITION OF FEB 94 IS OBSOLETE (Proponent: CECW-OR)
vV/VV/cV V-r VV. V-/- JiVJ-.f JVfJ

7 ?
Larry R. ell
Town eager
Carol Sperfrs edwood
Clerk/Zouing A atlnistratc
Melissa P. a
Finance fllcer
Linda lips
Director of lic Works
Semary for
Augus 30, 2004
To Whom It May Concern:
hJAUE al
Commissioners
W. C. -Bill" wwbm
AlayorPrarem
Mika WaacAsw
)can Riley
Rollie Fields
Shuwood Lapping
Dr. D. H. Carter III & Associates, Inc-, is authorized to prepare and submit the
necess try permits for the proposed Town of Carthage Water Intake Dam, Moore
Count , North Carolina. Additionally, this letter grants permission to federal
regula ory authorities to conduct site visits on our properties to evaluate and certify
wetly boundaries.
Sincer} ly,
?Carol . Cleetwood, Town Manager

Town f Carthage
4396 ighway 13-501 (Town Hell)
Carth Re, NC 28327
I UWIY Ur krHm j mAut
TOWN OF CARTHAGE
Carthage, North Carolina
4396 Nwy. • 111501 • Carthage • North 0 Carolina • 28327 . 910-947-2331 • Fax [phone] TAD 1-800-735-2962

.? STATE o
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Michael F. Easley, Governor
Lisbeth C. Evans, Secretary
Jeffrey J. Crow, Deputy Secretary
August 5, 2004
Tracy Rush
Dr. J. H. Carter III & Associates, Inc.
Environmental Consultants
P.O. Box 891
Southern Pines, NC 28388
Office of Archives and History
Division of Historical Resources
David Brook, Director
Re: Repair existing dam for emergency water intake on Nicks Creek, Carthage, Moore
County, ER 04-1972
Dear Mr. Rush:
Thank you for your letter of July 15, 2004, concerning the above project.
We have conducted a review of the proposed undertaking and are aware of no historic resources which would
be affected by the project. Therefore, we have no comment on the undertaking as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future
communication concerning this project, please cite the above referenced tracking number.
Sincerely,
eter B. Sandbeck
BS:w
Location Mailing Address Telephone/Fax
ADMINISTRATION 507 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 276994617 (919)7334763/733-8653
RESTORATION 515 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 276994617 [phone]/7154801
SURVEY & PLANNING 515 N. Blount Street, Raleigh, NC 4617 Mail Service Center, Raleigh NC 276994617 (919)733-654517154801
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SITE HISTORY
TOWN OF CARTHAGE WATER INTAKE DAM
NICK'S CREEK, MOORE COUNTY, NORTH CAROLINA
The original dam on Nick's Creek at N.C. Highway 22 was constructed in the 1950s to
create a water supply reservoir and water intake for the Town of Carthage. In the 1960s a
portion of the dam washed out allowing water to flow around sheet piling on the north side of the
dam. Even though a portion of the dam washed out, water remained pooled behind the dam and
during normal conditions (non-drought) the water intake structure remained submersed. Since
the intake structure remained submersed, the dam was not repaired.
During the drought of 2002, the Town of Carthage was issued a temporary permit to
repair the dam in order to pool water upstream of the intake structure to ensure a continuous
supply of water during the drought.
In addition to the fact that the site has had an existing dam for more than 50 years, the site
has also been home to a number of beaver colonies. Beavers have periodically dammed Nick's
Creek and flooded the areas upstream of the water intake. In fact, during the drought of 2002,
the Town of Carthage removed a beaver dam upstream of the existing dam in order to release
water.
In conclusion, this portion of Nick's creek has been periodically flooded for decades and
repair of the dam has not significantly changed the hydrology or natural community structure of
the area.
eJ ??
Aerial Photo showing Nicks Creek and existing dam in 1983.
.i 11.
Aerial Photo showing Nicks Creek and existing dam in 1998.

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Photos showing vegetated swamp behind the water intake dam, Nick's Creek,
Moore County, North Carolina.

MITIGATION PLAN
TOWN OF CARTHAGE WATER INTAKE DAM
NICK'S CREEK, MOORE COUNTY, NORTH CAROLINA
In order to mitigate for impacts from the repair of the dam on Nick's Creek, the Town of
Carthage proposes to place a portion of Nick's Creek and adjacent wetlands (approximately 35
acres) and uplands owned by the Town under a Conservation Easement to be held by the
Sandhills Area Land Trust (SALT).
The property to be conserved consists of the Coastal Plain Semipermanent Impoundment
and Coastal Plain Small Stream Swamp community types. The Coastal Plain Semipermanent
Impoundment community type occurs immediately upstream of the dam and consists of a
permanently flooded areas with a canopy of swamp black gum (Nyssa biflora), red maple (Ater
rubrurn) and tag alder (Alms serrulata) saplings, with dense patches of buttonbush
(Cephalanthus occidentalis). Herbaceous vegetation includes patches of wool grass (Scirpus
cyperinus), southern waxy sedge (Carex glaucescens), short-bristle beakrush (Rhynchospora
corniculata) and various smartweeds (Polygonum spp.).
Coastal Plain Small Stream Swamp community type occurs upstream of the impounded
area. The canopy is dominated by swamp black gum, red maple, tulip poplar (Lirodendron
adipifera) and sweetgum (Liguidambar styraciflua). The shrub layer ranges-from sparse to
dense and includes titi (Cyrilla racemiflora), Virginia willow (Itea virginica) and fetterbush
(Lyonia lucida). Herbaceous vegetation is generally sparse.
A majority of the uplands and a portion of the wetlands on the south side of Nick's Creek
have been recently clearcut. This area consists of regenerating hardwoods and pines as well as
various shrub species. Opportunistic wetland vegetation such as wool grass and various
beakrushes (Rhynchospora spp.) has invaded much of the disturbed area.
Activities to be allowed on the property include hiking, biking and wildlife viewing.
Prohibited activities will include all construction, grading, filling, excavating, ditching, draining,
as well as any further removal of vegetation. The Town of Southern Pines is currently
constructing a greenway along an existing sewer line easement on and adjacent to the property.
A gravel parking area is planned on uplands near the dam. Construction of the greenway trail
and parking area will be allowed on the property and will not impact the dam, impoundment or
wetland mitigation site.
During repair of the dam, upland areas adjacent to the pool were disturbed. These areas
will be stabilized with vegetation and other erosion control measures in order to prevent siltation
into the wetland system.
Also, as part of the mitigation, rip-rap within the spillway will be rearranged in order to
provide for a gradual transition so aquatic species can move from downstream to upstream of the
spillway.
3
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0 385 770 1 54.0
eet
Area to be placed under Conservation Easement as mitigation for the Town of Carthage's water intake dam,
Nick's Creek, Moore County, North Carolina. Area includes approximately 35 acres of jurisdictional wetlands.
Adjacent Landowners
Town of Carthage Water Intake Dam
Nick's Creek, Moore County, North Carolina
See attached map for location of parcels:
1. Lynn & Clark Medlin
P.O. Box 15990
Surfside Beach, SC 29587
2. Harvest Church of God
P.O. Box 1096
Southern Pines, NC 28387
3. Christopher T. Van De Reit
430 Foxcroft Road
Whispering Pines, NC 28327
4. William M. & Wanda S. Turistall
1316 McCaskill Road
Carthage, NC 28327
5. Carl Lee & Deanna W. Johnson
629 Nocks Creek Lane
Carthage, NC 28327
6. Willie Dallas & Geneva Monroe
220 Sheilds Road
Southern Pines, NC 28387
7. Dallas W. Monroe
220 Sheilds Road
Southern Pines, NC 28387
8. Dallas W. Monroe
220 Sheilds Road
Southern Pines, NC 28387
8. Sheila Monroe Warwick
.516 Nicks Creek lane
Carthage, NC 28327
11. Malcolm L. Clark
545 S. Bennett Street
Southern Pines, NC 28387
12. Town of Southern Pines
P.O. Box 870
Southern Pines, NC 28388
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0 0.125 0.25 0.
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Adjacent landowners to the Town of Carthage's Water Intake Dam, Nick's Creek, Moore County, North Carolina.

Z
INDIRECT AND CUMULATIVE IMPACT ANALYSIS
TOWN OF CARTHAGE WATER INATKE DAM
NICK'S CREEK, MOORE COUNTY, NC
During the drought of 2002, the Town of Carthage was issued a temporary permit to
repair an existing dam on Nick's Creek in Moore County. The repair was necessary to pool
sufficient water upstream of the dam to ensure a continuous supply of water at the intake
structure during drought conditions. The Town of Carthage is applying for a permit to allow the
dam repair to be made permanent. There will be no indirect and cumulative impacts as a result
of this action. The proposed project provides a continuous supply of water and will not supply
surplus water to the Town of Carthage. There will be no increase in development or changes in
zoning as a result of this action.

11,

?e
h?
EXISTING ELEVATION AT SHEET PILES \
SCALE: 1/2'=1'-0' d
(APPROX. 150 LF UPSTREAM FROM NICK'S CREEK RAW WATER INTAKE STRUCTURE)
y
M
H o
END )IF
?1 c
EXISTING STEEL PLACE RIfBANK
SHEET PILES FOR CREQ L a
WOODS SOIL BORROWED FROM 28'+ PROTECTIoff W L;:
OPPOSITE CREEK BANK EXPOSED
ET PILE RIPRAP BEHIND • N
STEEL SHE
PILES PILINGS AS SHOWN
.o
3
i
3

VARIES
ELEVATION OF DAM UTILIZING EXISTING SHEET PILES
SCALE: 1/2"=1'-0'
(APPROX. 150 LF UPSTREAM FROM NICK'S CREEK RAW WATER INTAKE STRUCTURE)
CREEK BANK
BUILT-UP'
WITH SOIL FROM
OPPOSITE CREEK
FLOW
PROPOSED RIPRAP TO BE PLACED
ON BOTH CREEK BANKS PROPOSED W'R TO BE
FOR SLOPE PROTECTION CUT INTO EXISTING
STEEL PILINGS
Ulm,
O
w tb' N
au oz
?aO
?NUz N
a0 ?f 0
as
YS p w p
FLOW
EXISTINGI / EXISTING
CREEK I{- STEEL
BOTTOM PILINGS
SECTION THRU WEIR
PROPOSED RIPAP
TO BE PLACED ON
DOWNSTREAM SIDE
OF SHEET PILE DAM
- AUGUST, 2004
oawNEO: BGL
Da m: DFW
CNIX'"EDi BGL
srxE AS SHOWW
SHEET NO.
OF, 2
SCALE: 1/2"=1'-0'

N
0
t
s
CREEK BANK
END OF DIRT ACCESS ROAD
CREEK BANK
NICK'S CREEK WATER INTAKE DAM PLAN
SCALE 1/2'=1'-0'
(APPROX. 150 LF UPSTREAM FROM NICK'S CREEK RAW WATER INTAKE STRUCTURE)
CREEK BANK
WOODS
EXISTING EXPOSED
STEEL SHEET
PILES
CREEK BANK
VARIES
11
WOODS
EXISTING BURIED
STEEL SHEET
PILES
imHH11111-
i
i
'k-
tIv
}r
n
Y
~
o
old
I?
z
u
z
o zi
0
si u z
zF
a ?{{?.aJJ..II
N cj z aW
30
Z ap
p
F70
OU Q
4- w
N tt
a
0
AUGUST. 2004
DE M ea
D-: DFW
CHECKED: BG1
SCAE: AS SHOWN
SHE NO. 2
IF. 2
NICK'S CREEK WATER INTAKE DAM ELEVATION
SCALE: 1/2'=1'-0'
(APPROX. 150 LF UPSTREAM FROM NICK'S CREEK RAW WATER INTAKE STRUCTURE)
SOIL ACCESSL
ROAD I \V
EDGE OF WOODS
SILTPFENCE
NICK'S
CREEK
N
c
y
y W
y W
y, y,
y y y
Y W W
W y
W W
y y W
N• W W W
y W y
y y
W W Y
W W
y y
y y W
W +Y
y y y
y y
y W
y y y

y y ?
? W
41 W W
+Y W
lY Y W
W ?..
Y W
y y y
y y
y W y
w

+ y y
5
?Y W
W Y W
W ?Y
PROPOSED
RIPRAP a
SLOPE p
PROTECTION
EXISTING 16' PVC
OUTLET TO RAW WATER
INTAKE STRUCTURE AT
HM 22.
NVE RT: 140.0'
SEE DETAIL SHEET FOR DETAIL V
?Y W OF EXISTING OUTLET STRUCTURE
JW W
EXISTING 60'
y y INVERT: 187.1
Y W W
PROTECT ALL DISTURBED AREAS
.Y W ADJACENT TO WATER / WETLANDS
EDGE W/ SILT FENCE, TYP.
W y
W y
W W y y y .C

EXISTING GATE
AND SECTION
FENCING

SEE DETAIL SHEET FOR
SPILLWAY DESIGN SECTION DETAIL
PROPOSED
SILT FENCE
P
CUP

\ EXISTING
SANITARY
SEWER MANHOLE
TYPICAL
LIMITS OF DISTURBANCE:
3.3 ACRES
N.C. HWY. 22
n
t
EDGE OF
WOODS J
J
r
EXISTING SOIL ACCESS ROAD TO
SITE FROM HWY 22
EXISTING CATE
AND SECTION OF
FENCING
i
GRAPHIC SCALE
w r r w
( ctMT)
11-h - 50 R
ti

4
t
E
i3
3
9
7
t;
0

PROPOSED CREEK EDGE
EXISTING CREEK EDGE
REMOVE EXISTING
O / TREES AS REQUIRED
l w ? 1
' / D O ain
ff ?E
EXISTING / ° l CREEK BANK
CREEK BANK
WOODS /
a
.> / o D o D c
/END OF EXISTING RIPRAP:
EXPOSED STEEL SHEET TYPICAL
PILES OF CREEK MIDDLE ?
WOODS EX NSHEBU?RIED
MEL
/ o o § PILES
r'v I ? ? ?- J v ?1
r
m MOVE SOIL FROM ?`•
THIS SIDE OF
CREEK AND EXPOSE
EXISTING SHEET
\ PILES. PLACE
D SOIL ON OTHER
° SIDE OF CREEK
\ IN ORDER TO b
-p BURY END OF
\ ?7 EXISTING SHEET PILES. fl
EXISTING tL'
CREEK BANK p
D ° I O CREEK BANK
WOODS
AREA OF DISTURBANCE
t/ q PROPOSED CREEK BANK . APPROX. 32DO S.F.
WITH RIPRAP PROTECTION 4 i
t
END OF EXISTING SOIL ACCESS ROAD ` n 1
\ N \
I ? I
I ? I
PROPOSED TEMPORARY DAM PLAN
SCALE: 1/2••r-0'
(APPROX. 150 LF UPSTREAM FROM NICK'S CREEK RAW WATER INTAKE STRUCTURE)
d
N
v
w z
op° ?T
h`
Qo I ?v
Z
U
Z
W 7
o
r ap
loop
~ O
0
R ZQ
o°
S
0
a
-'- SEPT, 2002
o ecL
ownt DFW
CKa= BGL
- AS SHO'R'N
1:', 2

EROSION CONTROL CONSTRUCTION SEQUENCE
1. OBTAIN AN APPROVED SOIL AND EROSION CONTROL PLAN.
2. INSTALL TEMP. DIVERSIONS, & TEMPORARY SEDIMENT TRAP
AND/OR OTHER MEASURES AS SHOWN ON THE APPROVED PLAN.
3. CALL FOR ON-SITE INSPECTION BY THE N.C.D.E.H.N.R.,
LAND QUALITY SECTION.
4. BEGIN CLEARING, GRUBBING, AND GRADING. MAINTAIN
MEASURES AS REQUIRED.
5. ALL DISTURBED AREAS ARE TO BE PLANTED SUFFICIENTLY
TO RESTRAIN EROSION AFTER THE COMPLETION OF ANY
PHASE OF GRADING. WHEN AVERAGE HEIGHT OF TURF
BECOMES 5 INCHES, MOW TO A 3' HEIGHT.
6. MAINTAIN EROSION CONTROL DEVICES PERIODICALLY AFTER
ALL RUNOFF PRODUCING RAINS.
7. WHEN CONSTRUCTION IS COMPLETE AND ALL AREAS
STABILIZED, CALL FOR A PRELIMINARY FINAL INSPECTION BY THE
N.C. DEHNR LAND QUALITY SECTION. IF ACCEPTABLE, REMOVE
ALL TEMPORARY DEVICES.
8. SEED AND MULCH ALL RESULTING DISTURBED AREAS.
WHEN VEGETATION IS ESTABLISHED, CALL FOR FINAL SITE
INSPECTION.

PERMANENT SEEDING SCHEDULE
PERMANENT SEEDING MIXTURE WITH NURSE CROP
SPECIES RATE (LB./ACRE) DATE
GERMAN MILLET 10 APRIL 15-JULY 1
ANNUAL RYE (GRAIN) 40 NOV. 15-APRIL 15
COMMON BERMUDA (HULLED) 25 APRIL 15-JULY 1
COMMON BERMUDA (UNHULLED) 30 NOV. 15-APRIL 15
NO PERMANENT SEEDING SHALL BE DONE BETWEEN JULY 1 & NOV. 15
TEMPORARY SEEDING MIXTURE
SPECIES RATE (LB./ACRE) DATE
GERMAN MILLET 120 MAY 1-AUGUST 25
ANNUAL. RYE (GRAIN) 200 AUGUST 25-MAY 1
NOTE:
TEMPORARY SEED MIX SHALL BE USED FOR ALL AREAS EXPOSED GREATER THAN ONE WEEK
AND SUBJECT TO FURTHER DISTURBANCE. PERMANENT SEED MIX SHALL. BE CHECKED FOR
ADEQUACY ON JULY 15. AN ADEQUATE COVER SHALL HAVE 30 SPRIGS OF BERMUDA
„ PER ONE SQUARE FOOT.
Y
a
SOIL AMENDMENTS (TILLED TO 6" DEPTH PRIOR TO SEEDING)
APPLY AGRICULTURAL LIMESTONE - 2 TONS/ACRE
APPLY FERTILIZER AT A RATE OF 1,000 LB/ACRE (10-10-10).
r
4
g MULCH
$? MULCH - 2 TO 2 1/2 TONS/ACRE - SMALL GRAIN STRAW OR EQUIVALENT COVER.
ANCHOR - ASPHALT EMULSION ON SLOPES, m 430 CAL./ACRE (TYPE R.S.)
MULCH ANCHORING TOOL SHALL BE USED ON ALL OTHER AREAS.
MAINTENANCE
2 REFERTIUZE IN THE SECOND YEAR UNLESS GROWTH IS FULLY
r
ADEQUATE MOW TO 3' HT. WHEN AVERAGE HT. OF GRASS BECOMES 5'.
RESEED, APPLY SOIL AMENDMENTS AND MULCH DAMAGED OR DEAD AREAS
IMMEDIATELY.
0
COMPACTED BACKFlLL
EXTEND FABRIC AND
WIRE INTO TRENCH
TOP OF DAM
RIPRAP SPILLWAY DETAIL SECTION
KT-
TREATED 2' x 4' POSTS
10' O.C. WITH WIRE OR
6' O.C. WITHOUT WIRE
SILT FENCE DETAIL
N.T.S.
MAX. WATER
NEW WATER LOGS
INVERT. 192.5
EXISTING BRICK
OUTLET STRUCTURE
EXISTING 60' CMP
WATER'S
EDGE
LEVEL
`? ;L?y• Ir i? I i
GRADE AT
TOE OF DAM
I L.j
1
INVERT-
1 87.0'
EXISTING BRICK OUTLET STRUCTURE
W/ 60" CMP OUTLET PIPE
N.T.S.
1 r i ,?--
y?,? OUTLET PIPE TO
BACKSIDE OF DAM
C

? W
999
?oo
a o
8
0
a
0
a

O
rf-
J
O
U
z
O
N
O
w•
SCALF-' AS SHOWN
utc 0cr.. 2000
oC%cKU VOL
oorx DFW
okacm ElcL
sxm xa
R @ E, D WJ EI-11 D
DEC 0 2 2004
132iiT - Vi'ATER QUALITY
t:' Nd 73/d:J 1J NATcft L('v'? CH
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
(http://www.saw.usace.anny.mil/wetiands/regtour.htm)
Action ID No. 200201248 November 22, 2004
PUBLIC NOTICE
The Town of Carthage, Attn: Ms. Carol Cleetwood, Town Manager, 4396 Highway
151501, Town Hall, Carthage, North Carolina 28327 has applied for a Department of the Army
(DA) permit TO DISCHARGE FILL MATERIAL INTO 0.073 ACRES OF SECTION 404
WATERS OF THE UNITED STATES AND PERMANENTLY IMPOUND 4.49 ACRES OF
SECTION 404 WETLANDS ADJACENT TO NICKS CREEK, A TRIBUTARY TO THE
LITTLE RIVER, ASSOCIATED WITH THE CONSTRUCTION OF THE TOWN OF
CARTHAGE WATER INTAKE DAM AND IMPOUNDMENT, LOCATED IMMEDIATELY
WEST OF NC HIGHWAY 22, APPROXIMATELY 2 MILES NORTH OF THE MOORE
COUNTY AIRPORT, SOUTH OF CARTHAGE, MOORE COUNTY, NORTH CAROLINA.
The following is a description of the work taken from data provided by the applicant and
from observations made during site visits by representatives of the Corps of Engineers. The
proposed impoundment of Nicks Creek would be located immediately west of NC Highway 22,
north of the Moore County Airport. Plans submitted with the application show permanent
impacts to the 0.073 acres of jurisdictional waters and conversion of approximately 4.49 acres of
scrub-shrub, riparian wetlands to open water associated with construction of a water intake dam
and impoundment. Plans for the project include the proposed placement of 253 cubic yards of
fill material for the dam structure, fill slope, and energy dissipater. Plans showing the work are
included with this public notice.
The current land use of the project area is undeveloped and forested. According to the
applicant, historic manmade impoundment structures and beaver activity have affected this
section of Nicks Creek. In the 1950's, a water supply reservoir and water intake for the Town of
Carthage was constructed at this location. Then in the 1960's, a portion of this dam washed out;
however, water remained impounded during normal conditions (non-drought) to the water intake
structure and the dam was never repaired. During the drought of 2002, the Town of Carthage
requested Department of Army authorization to temporarily repair the historic dam in order to
ensure a continuous supply of water. On September 16, 2002, the Corps of Engineers verified
the use of Nationwide Permit 18 for 0.10 acres of impact to jurisdictional waters (Action
ID#200201248), with the condition that they were to remove the structure by September 16,
2003 or apply for an Individual Permit for the permanent impact. The dam was never removed
and consequently the Town of Carthage was notified on October 28, 2003 of their non-
compliance with the permit conditions. The Town has responded with this request to
permanently impound Nicks Creek. Surrounding land use is currently a mixture of forest,
agriculture, and scattered single-family residences.
The applicant's proposal also includes a mitigation plan for the impacts to jurisdictional
waters. This proposal consists of placing a portion of Nicks Creek and adjacent wetlands and
uplands, currently owned by the Town of Carthage, under a Conservation Easement with the
Sandhills Area Land Trust. The projected preservation includes 25 acres of scrub-shrub riparian
wetlands and 10 acres of adjacent uplands immediately upstream of the proposed water intake
impoundment. The estimated mitigation ratio for this preservation is 5:1. The mitigation plan is
included with this public notice.
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The District Engineer's initial
determination is that the proposed project would not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the
National Marine Fisheries Service.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The Corps is forwarding this notice and all applicable application materials to the
appropriate State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State
certification required by Section 401 of the Clean Water Act (PL 92-500). The NCDWQ
considers whether the proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of the, Army (DA)
permit serves as application to the NCDWQ for certification.
The District Engineer has consulted the latest published version of the National Register
of Historic Places for the presence or absence of registered properties, or properties listed as
being eligible for inclusion therein, and this site is not registered property or property listed as
being eligible for inclusion in the Register. Consultation of the National Register is the extent of
cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistorical, or
historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision, whether to issue a permit, will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts that the proposed activity may have on the
public interest requires a careful weighing of all those factors that become relevant in each
particular case. The benefits that may be expected to accrue from the proposal must be balanced
against its foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore decided by the outcome of the
general balancing process. That decision should reflect the national concern for both protection
and use of important resources. All factors that may be relevant to the proposal must be
considered including the cumulative effects of it. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (according to Executive Order 11988), land use, navigation,
shore erosion and accretion, recreation, water supply and conservation, water quality, energy
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 placement of
dredged or fill materials in waters of the United States, a permit will be denied if the discharge
that would be authorized would not comply with the Environmental Protection Agency's
404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or
criteria, a permit will be granted unless the District Engineer decides that it would be contrary to
the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to decide 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 (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to decide the need for a public hearing and to decide the
public interest of the proposed activity.
Additional information regarding the Clean Water Act certification may be reviewed at
the offices of the Wetlands/401 Unit, NCDWQ, 2321 Crabtree Boulevard, Raleigh, North
Carolina 27604-2260. Copies of such materials will be furnished to any person requesting
copies upon payment of reproduction cost.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
(NCDWQ), 1621 Mail Service Center, Raleigh, NC 27699-1621, on or before December 8,
2004, Attn: Ms. Cyndi Karoly.
Written comments pertinent to the proposed work, as outlined above, will be received in
the Corps of Engineers, Wilmington District, Wilmington Regulatory Field Office,
Attn: Ms. Jennifer Frye, Post Office Box 1890, Wilmington, North Carolina, 28402-1890, until
4:15 p.m., December 22, 2004, at telephone [phone].
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Name:CARTHAGE
Date: 8/27/2004
Scale: 1 inch equals 2000 feet

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Location: 035.2518043' N 079.412350 1'W
Caption: Location of Town of Carthago Water Intake Dam, Nick's Creek,
Moore County, NC.
Copyright (C) 199%Mapterh, Inc
i
CARTHAGE (? E ' ?? , • .. ROAD
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EDCE OF WOODS
PROPOSED
SILT FENCE
3
NICK'S
olt-ICREEK
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EXISTING CATE
AND SECTION
FENCING
SEE DETAIL SHEET FOR
SPILLWAY DESIGN SECTION DETAIL
a
d
PROPOSED ?.
SILT FENCE
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1 CUP VERT: 6.62
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N.C. HWY. 22 }p
EDGE
WOODS F
EXISTING SOIL ACCESS ROAD TO
L _ SITE FROM HWY 22
EXInNO I
SANITARY 222777
SEWER MANHOLE
TYPICAL E7QSTING CATE TT]
AND SECTION OF g a
FENCING-
OCT. zoo:
GGL
GRAPHIC SCALE KL
K., As %la
(anw) outm t
END OF
EXISTING
WOODS CREEK-BANK SHEET PILES
BEYOND
D
N.,
r:c ITS PI
AT LOW LEVEL -
EXISTING CREEK
FLOWS AROUND
OF SHEET PILES
EXISTING ELEVATION AT SHE PILES
SCALE. 1/2'-1'-0'
(APPROX. 150 LF UPSTREAM FROM NICK'S CREEK R4 WATER INTAKE ST,
{(? S.f END N
_ EXISTING STE
;J.S
SHEET PILES
WOODS SOIL BORROWED FROM
OPPOSITE CREEK BANK
EXPOSED
STEEL SHEE
I PILES
ELEVATION OF DAM UTILI ING EXIS
SCALE. 1/2'-1'-O'
(APPROX. 150 LF UPSTREAM FROM NICK'S CR RAW WATER INTA
CREEK BANK
BUILT-UP'
WITH SOIL FROM
OPPOSITE CREEK BANK
FLOW
POSED RIPRAP
BOTH CREEK &
SLOPE PROTEC
W
W
Z
J
lr EXPOSED
STEEL SHEET
WOODS
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ol?
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_T PILES
WATER INTAKE STRUCTURE)
287
EXPOSED
STEEL SHEET PILE RIPRAP BEHIND
PILES PILINGS AS SHOWN
LI ING EXISTING SH
A RAW WATER INTAKE STRUCTURE)
OSED RIPR4P TO BE PLACED
0TH CREEK BANKS PROPOSED WEIR TO BE
SLOPE PROTECTION CUT INTO EXISTING
STEEL PILINGS
PLACE RIPRAP
FOR CREEK D.
PROTECTION
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AUGUST, 2004
B0L
PROPOSED RIPAP
TO BE PLACED ON °""`° Dfw
DOWNSTREAM SIDE
OF SHEET PILE DAM ea
aia AS SHOMM
r I I RIPRAP
WOODS SLOPE
PROTECTION
WOODS
RIPRAP
TYPICAL
WEIR
(APPROX. 150 LF UPSTREAM FROM NICK'S CREEK RAW
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CREEK DANK
END OF DIRT ACCESS ROAD
WEIR
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WATER
LEVEL.
IM ELE
INTAKE STRL
NICK'S CREE
CK'S CREEK WATER INT E DAM
K'
V•-!- A.•.150 LF UPSTREAM FROM NIC. S CREEK W WATER (NTAKI
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REMOVE EXISTING L
TREES AS REQUIRED[
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PROPOSED CREEK EDGE
EXISTING CREEK EDGE

CREEK BANK
RIPRAP a:
TYPICAL
y WOODS EXISTING BURIED c?3 7Lj{ &
STEEL SHEET IY TT
r PILES S
1 8
MOVE SOIL FROMa
MS SIDE OF
CREEK AND EXPOSE
EXMMG SHEET
PAM PLACE
SOIL ON OTHER
SIDE OF CREEK
IN ORDER TO .q
BURY END OF o?
0 ) EXMTING SHEET PILES.
lu_ a
'T I CREEK BANK
WOODS
AREA OF DISTURBANCE W gZ
BANK ¢ APPROX. 3200 S.F. f- c7 4'O
CREEK
PROTECTION wa
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RARY DAM PLAN, DrL
MCK'S CREEK RAW WATER INTAKE STRUCTURE) As SNOw?I-:.
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CREEK DM1K
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END OF EXISnNG
E3J, EXPOSED STEEL SHEET
( PILES IN MUDDLE
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EXISTING \
CREEK DANK

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WITH
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END OF DUSTING SOIL ACCESS ROAD `

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POSED
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7
1
(APPROX. 150 LF UPSTREAMI FROM NICK'S CR
TOP OF DAM
n FVATION. got' -
1
2Y
MINIMUM 18' DEEP CLASS 1/2
RIPRAP CHANNEL
1 Fj?
FILTER FABRIC UNDERLINER
TYPICAL
RIPRAP SPILLWAY DETAIL SECTION
N.TS.
TRPIEP 2' x 4' POSTS
1p O.C. WITH WIRE OR
AND 6 O.C. WITHOUT WIRE
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WATER'S
EDGE fff
MAX. WATER LEVEL
NEW WATER LOGS
INVERT. 192.5
I BRICK
STRUCTURE
GRADE AT
TOE OF DAM
DOSTINO 60' CUP
OUTLET PIPE TO
BACKSIDE OF DAM

INVER:
t e7.oT
ma'''r
EXISTING BRICK OUTLET STRUCTURE
W/ 60' CMP OUTLET PIPE
N.TS.
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EROSION' CONIROL CONSTRUCTION SEQUENCE
1. OBTAIN AN APPROVED SOIL AND EROSION CONTROL PLAN.
2. INSTALL TEMP. DIVERSIONS, & TEMPORARY SEDIMENT TRAP
MD/OR OTHER MEASURES AS SHOWN ON THE APPROVED PAW.
3. CALL FOR ON-SITE INSPECTION BY THE N.C.D.E.H.N.R..
LAND QUALITY SECTION.
4. BEGIN CLEARING. GRUBBING. AND GRADING. MAINTAIN
MEASURES AS REQUIRED.
5. ALL DISTURBED AREAS ARE TO 13E PLANTED SUFFICIENTLY
TO RESTRAIN EROSION AFTER THE COMPLETION OF ANY
PHASE OF GRADING. WHEN AVERAGE HEIGHT OF TURF
BECOMES 5 INCHES, MOW TO A 3- HEIGHT.
6. MAINTAIN EROSION CONTROL DEVICES PERIODICALLY AFTER
ALL RUNOFF PRODUCING RAINS.
7. WHEN CONSTRUCTION IS COMPLETE AND ALL AREAS
STABILIZED. CALL FOR A PRELIMINARY FINAL INSPECTION BY THE
N.C. DEHNR LAND QUALITY SECTION. IF ACCEPTABLE; REMOVE
ALL TE APORARY DEVICES.
S. SEED MAID MULCH ALL RESULTING DISTURBED AREAS.
WHEN VEGETATION IS ESTABLISHED, CALL FOR FINAL. SITE
INSPECTION.
PERMANENT SEEDING SCHEDULE
PERMANENT SEEDING MIXTURE WITH NURSE CROP
SPECIES RATE (LB./ACRE) DATE
GERMAN bGT1.ET 10 APRIL 15-JULY 1
ANNUAL RYE (GRAIN) 40 NOV. 15-APRIL 15
COMMON BERMUDA (HULLED) 25 APRIL 15-JULY 1
COMMON BERMUDA (UNHULL D) 30 NOV. 15-APRLL 15
NO PERMANENT SEEDING SHALL BE DONE BETWEEN JULY 1 & NOV. 13
TEMPORARY SEEDING MIXTURE
SPECIES RATE (LB./ACRE) DATE
GERMAN MILLET 120 MAY 1-AUGUST 25
ANNUAL RYE (GRAIN) 200 AUGUST 25-IAAY i
NOTE
TEMPORARY SEED MIX SHALL BE USED FOR ALL AREAS EXPOSED GREATER THAN ONE WEEK
AND SUBJECT TO FURTHER DISTURBANCE PERMANENT SEED MDC SHALL BE CHECKED FOR
ADEQUACY ON JULY 15. AN ADEQUATE COYER SHALL HAVE 30 SPRIGS OF 13EFUNUBA
PER ONE SQUARE FOOT.
SOIL AMENDMENTS (TILLED TO 6" DEPTH PRIOR TO SEEDING)
APPLY AGRICULTURAL. LIMESTONE - 2 TONS/ACRE
APPLY FERTILIZER AT A RATE OF 1.000 LB/ACRE (10-10-10).
MULCH
MULCH - 2 TO 2 1/2 TONS/ACRE - SMALL GRAIN STRAW OR EQUIVALENT COYER.
ANCHOR - ASPHALT EMULStON ON SLOPES. O 430 GAL/ACRE (TYPE RS.)
MULCH ANCHORING TOOL SHALL BE USED ON ALL OTHER AREAS.
LW NTENANCE
COMPACTED EIACKFILL
1
RIPR;
N.T.S.
AND
REFERTTLIZE IN THE SECOND YEAR UNLESS GROWTH IS FULLY
ADEQUATE MOW TO 3- HT. WHEN AVERAGE HT. OF GRASS BECOMES 5-.
RESEED, APPLY SOIL AMENDMENTS AND MULCH DAMAGED OR DEAD ARFA4
IMMEDIATELY.

I

MITIGATION PLAN
TOWN OF CARTHAGE WATER INTAKE DAM
NICK'S CREEK; MOORE COUNTY, NORTH CAROLINA
In order to mitigate for impacts from the repair of the dam on Nick's Creek, the Town of
Carthage proposes to place a portion of Nick's Creek and adjacent wetlands (approximately 35
acres) and uplands owned by the Town under a Conservation Easement to be held by the
Sandhills Area Land Trust (SALT).
The property to be conserved consists of the Coastal Plain Semipermanent Impoundment
and Coastal Plain Small Stream Swamp community types. The Coastal Plain Semipermanent
Impoundment community type occurs immediately upstream of the dam and consists of a
permanently flooded areas with a canopy of swamp black gum (Nyssa bJlora), red maple (Ater
rubrum) and tag alder (Alnus serrulata) saplings, with dense patches of buttonbush
(Cephalanthus occidentalis). Herbaceous vegetation includes patches of wool grass (Scirpus
cyperinus), southern waxy sedge (Carex glaucescens), short-bristle beakrush (Rhynchospora
corniculata) and various smartweeds (Polygonum spp.).
Coastal Plain Small Stream Swamp community type occurs upstream of the impounded
area. The canopy is dominated by swamp black gum, red maple, tulip poplar (Lirodendron
tulipifera) and sweetgum (Liquidambar styraciflua). The shrub layer ranges from sparse to
dense and includes titi (Cyrilla racem flora), Virginia willow (Itea virginica) and fetterbush
(Lyonia lucida). Herbaceous vegetation is generally sparse.
A majority of the uplands and a portion of the wetlands on the south side of Nick's Creek
have been recently clearcut. This area consists of regenerating hardwoods and pines as well as
various shrub species. Opportunistic wetland vegetation such as wool grass and various
beakrushes (Rhynchospora spp.) has invaded much of the disturbed area.
Activities to be allowed on the property include hiking, biking and wildlife viewing.
Prohibited activities will include all construction, grading, filling, excavating, ditching, draining,
as well as any further removal of vegetation. The Town of Southern Pines is currently
constructing a greenway along an existing sewer line easement on and adjacent to the property.
A gravel parking area is planned on uplands near the dam. Construction of the greenway trail

and parking area will be allowed on the property and will not impact the dam, impoundment or
wetland mitigation site.
During repair of the dam, upland areas adjacent to the pool were disturbed. These areas
will be stabilized with vegetation and other erosion control measures in order to prevent siltation
into the wetland system.
Also, as part of the mitigation, rip-rap within the spillway will be rearranged in order to
provide for a gradual transition so aquatic species can move from downstream to upstream of the
spillway.
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Area to be placed under Conservation Easement as mitigation for the Town of Carthage's water intake dam,
Nick's Creek, Moore County, North Carolina. Area includes approximately 35 acres of jurisdictional wetlands.
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Town of Carthage
4396 Highway W501
Carthage, NC 28327
DWQ 04-1969 - Moore
A.
X El Agent
Lt-A ? ? Addresses
B?eceived by (Printed !fame) C. Date of Deliver)
D. Is delivery address different from item 1? Yes
If YES, enter delivery address below: ? No
3. Service Type
0 Certified Mail ? Express Mail
? Registered Return Receipt for Merchandise
? Insured Mail C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
?. Article Number 7004 1160 0002 2706 6 912
(Transfer from service labF .
3c Fnrm RR11 Fehninns gnnA nnmaetic Rafilrn RPCaint tn???
UNITED STATES POSTAL SERVICE

• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
First-Class Mail
Postage 8? Fees Paid
USPS
Permit No. G-10
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