19941065 Ver 1_COMPLETE FILE_19941118

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
ID F= F=1
December 30, 1994
Bladen County
DEM Project # 941065
COE # 199404753
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Joe Lee Dennis
29190 Sweet Home Church Road
Albermarle, N.C. 28001-9133
Dear Mr. Dennis:
F I E C 0 P y
You have our approval to place fill material in 9.9 acres of wetlands or waters for the purpose of
restoring a dam at Old Mill Branch (near SR 1708), as you described in your application dated
31 October 1994. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 2671. This certification allows you to use Nationwide
Permit Number 26 when it is issued by the Cotes of Engineers.
This approval is only valid for the purpose and. design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. The
wooded wetland area shall not be dredged. In addition, you should get any other federal, state or
local permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
ston oward, J . P.E
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Dorney
Central Files
941065.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affrmative Action Employer 50% recycled/ 10% post-consumer paper

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wetland io stream ratio 21 to 3 surface water

' O ro eenc : ' flvodtng or surface water
••••••••:
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Wetland type (select one) O Other
Q Swamp forest 'a Shoreliffe
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•
Bottomland hardwood forest O Brackish marsh
•
O Carolina bay O Freshwater marsh
O Pocosin O Bog/Fen •
O Pine savannah O Ephemeral wetiand
O Wet fiat •
The rating system cannot be applied to salt marshes. •

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Water storage S
Bank/Shoreline stabilization :

Pollutant removal 5 1"'T x 4.00
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X 1.50 = Wetland score.
Special ecological attributes •
Wildlife habitat
x 1S0 , •
Aquatic life value

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Economic value X 0.25 = ?;: •
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Protect name STS%} -l? ?s,? s Nearest mad 52 / 7? f
County 16 s wetland area acres Wetland width 10' - '/- Do #,,,, feet
Name of evaluator ??Q e 4;f- Date / 2 -- 2 2 - ?/
October 31, 1994
WATER QUALITY PLANNING
DIVISION OF EVIRNMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
Dear Sir,
10010
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?1VIRONM?
Mr E.R. Heustess Jr. and I Joe Lee Dennis wish to
install a dam on the run of Old Mill Branch. This would
place 4 feet of water at the dam. This water will be used
for fishing, boating, and water deer, duck and all water
animals.
I wish to keep all cypress trees living in the water.
We will also have a water hydrant for fire protection.
Thank you for all your help.
Sincerely,
<-)* . k"'.
Joe Lee Dennis
29190 Sweet Home Ch. Rd.
Albemarle, NC 28001-9133
[phone]
i
DEM ID: ?? I C ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
.......................
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MAhTAGN tN^t'
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT; fIEkLT141'
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: -; - r c;- r r S ` 0 Fr j a?t lI
2. Owners Address: c> ? Y
3. Owners Phone Number (Home): - (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: 1 cl !r /??
Nearest Town or City: I N 1 n! bN u-0
Specific Location (Include road numbers, landmarks, etc.):_ 1 r CY kl /f e
/= A- /
dr
6114 L"' I N ,
6. Name of Closest Stream/River: ?,i /y ?? 47 ?'? !?? 14 4V
7. River Basin: 11 '? f w /t l v! f
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [ ]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO kf'
C- 1di
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: t, c as
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: o 1k/E=
Drained: 411 /V FY
Flooded:
Excavated: 41 r/Il!U
Total Impacted:
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
13. Purpose of proposed work:
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine, Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
]
habitat in the permit area that may be affected by the proposed project. Have you done so? YES[ ] NO[
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
]
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NO[
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property?
F. If applicable, what is proposed method of sewage disposal?
U4lye x ??-
s Signature
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1 HEREBY CERTIFY THAT THIS SURVEY 15
LOCATED IN SUCH PORTION OF A COUNTY
OR MUNICIPAL/TY THAT 15 UNREGULATED
AS TO AN ORDINANCE THAT
REGUr ATES PARCELS OF LAND.

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DEM ID: C1 ?lI l y (0 5?) ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, H> ALM'
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name:
2. Owners Address:
3. Owners Phone Number (Home): (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MBA-P). County: ? 1 ?l clI A(
Nearest Town or City: . 1 4 l r bN .0
? - b
Specific Location (Include road numbers, landmarks, etc.): ` tI CIA
L? Al r N/ / k -? /- n /y/ / 7 a ? Z3u r /' ?J Fn ? ? I a %t ? ? ? C Z'??d ?
6. Name of Closest Stream/River: _. ?? /1l F ?? W r1 IV 12
7. River Basin: W-//0 )q r1 f%ry 41
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [ ]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO K'-
If yes, explain.
y' /J C f F--s
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: Y,
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained: 411 &,P--
Flooded: c
Excavated: ?f n 4 / `- t
Total Impacted:
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
13. Purpose of proposed work:
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine,Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES[ ] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
]
properties in the permit area which may be affected by the proposed project? Have you done so? YES[ ] NO[
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? 7-I Z 1-1V#1 Alq
F. If applicable, what is proposed method of sewage disposal? ?r
s Signature
-2-
Regulatory Field Office, Post Office Box 1890, Wilmington, North
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
RO. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 28, 1994
Regulatory Branch
Action ID. 199404753
Mr. Edgar Hustus, Jr.
Route 1, Box 224
Clarkton, North Carolina
Dear Mr. Hustus:
This letter confirms the September 14, 1994, site inspection
by Mr. Scott McLendon of my staff on your property located on the
west side of SR 1708, approximately 3,000 feet north of SR 1760,
above the headwaters of Shipman Branch and Pine Log Swamp, near
Rosindale, Bladen County, North Carolina. The purpose of this
visit was to inspect the site for waters and wetlands subject to
Department of the Army (DA) permitting authority and to discuss
your proposal to construct a dam and impoundment on Shipman
Branch.
The inspection revealed that waters and wetlands subject to
DA permitting authority do exist on the property and, as
discussed, DA authorization must precede any placement of
excavated or fill material within any wetlands on your property.
Unauthorized activity would be a violation of Federal law.
As also discussed during this meting, your proposed fill in
wetlands on this property may qualify for Federal authorization
pursuant to nationwide permit 26 (33 CFR 330.5(a) (26)). Please
complete the enclosed pre-discharge notification (PDN) form and
return it to this office for processing. As discussed, Section
401 Water Quality Certification is required to validate
nationwide permit No. 26 in the State of North Carolina. You
should contact Mr. John Dorney at [phone] or Mr. Ken
Averitte at [phone] regarding this certification.
Should you have any questions or comments regarding this
matter, please contact Mr. Scott McLendon in the Wilmington
r
-2-
Regulatory Field Office, Post Office Box 1890, Wilmington, North
Carolina, 28402 or telephone [phone].
Sincerely,
ne Wr' ht
ulatory Branch
Reg
eCcliel
Copy Furnished:
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535

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DEM ID: ACTION ID:
Natiorwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps 0,Engiti0rs
Nationwide permits that require application for Section 401`0?rtihicatlon
r? WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
O & DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORES OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
Pi FARE PR TNT
1. Owners Name:
2. Owners Addres
3. Owners Phone Number (Home): (Work):;'- ?-
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: a(
?
Nearest Town or City: C I N r k! bN AL
Specific Location (Include road numbers, landmarks, etc.): ? U
6. Name of Closest Stream/River: _ / /ll F ?f cn ??i -S 1.1/ 4-V
7. River Basin: 411(' i f yy 41 V I f
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES ] NO [ ]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO K"
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:- C 1-F--S
11. Number of acres of vaters of the U.S., including wetlands, impacted by the proposed project: A /'
Filed: n AI 7'f- I
D?ained• 12 /UE
Fboded:
Excavated: ?• t f?/ ri ?y
Total Impacted:

12. Description of proposed work (Attach PLANS-8 1/2" X I1" drawings only):
13. Purpose of proposed work:
14. State reasons why the applicant believes that this activity must : -irried out in wetlands. Also, note measures
taken to minimize wetland impacts.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine ,Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES[ ] NO [ ]
RESPONSES FROM THF.. USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
]
properties in the permit area which may be affected by the proposed project? Have you done so? YES[ ] NO[
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineat,10n was performed by a consultant, include all data sheets relevant to the placement of the
delineation liat:.
D. If a stor-'w-titer management plan is required for this project, attach co )y.
E. What i:, lan 3 use of surrounding property? f9tr,¢-
F. If app"cabl -., what is proposed method of sewage d sposal .
Ow is Signature ate