19951175 Ver 1_COMPLETE FILE_19960326

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
A&4 a
James B. Hunt, Jr., Governor jailL ---- -- 111111111111L
Jonathan B. Howes, Secretary C) E H N F1
A. Preston Howard, Jr., P.E., Director
May 16, 1996
Mr. Kenneth Moore
J & K Farms
P.O. Box 1
Harrells, NC 28444
Project #951175
Sampson County
Dear Mr. Moore:
The Division of Environmental Management, Water Quality Section has reviewed your plans
for the discharge of fill material into 2.5 acres of waters and/or wetlands located at proposed CCC
Sand and Gravel Inc. facility (Ivanhoe Pit) in Sampson County for sand stock piling and plant area.
Based on this review, we have identified significant uses which would be removed by this project,
These uses are water storage and wildlife habitat- Furthermore, insufficient evidence is present in
our files to conclude that your project must be built as planned in waters and/or wetlands. Therefore,
we are moving toward denial of your 401 Certification as required by 15A NCAC 2B.0109. Until
we receive additional information, we are requesting (by copy of this letter) that the U.S. Army
Corps of Engineers and/or the N.C. Division of Coastal Management place your project on
administrative hold
Please provide us with information supporting your position that your project must be
constructed as planned, and that you have no practicable alternative to placing fill in these waters
and/or wetlands. Specifically can you construct your mine without filling these wetlands or fill a
smaller portion? Also, the connection between Mine Area "A" and Mine Area "B" is not clear. Is till
requested for the road? We understand that a canal between these areas may be contemplated.
Please advise as to those plans. Any documentation such as maps and narrative that you can supply
to address alternative designs for your project may be helpful in our review of your 401 Certification.
Please respond within two weeks of the date of this letter by sending a copy of this information to
me and one copy to Mr. Ken Averitte at the Fayetteville Regional Office at Wachovia Bldg., Suite
714, Fayetteville, NC 28301. I can be reached at 919-733-1786 if you have any questions.
Sincerely,
1--a
Jy Certificati Program
cc: Fayetteville DEM Regional Office
Wilmington Office Corps of Engineers
Central Files
951175.nty
Division of Environmental Management • Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer 500% recycled/ 101% post-consumer paper
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North Carolina Wildlife Resources Commission 0
512 N. S:rlishury Street, Rnlcigli, Nortlh (;:rrolitm 27011, 919-73 3- 3391
Charles R. 1,ulExecutive I)ircctorr
MEMORANDUM
TO: John Dorney
Division of EnvirInmental Management
FROM: Bennett Wynne
Habitat Conservation Program
DATE: April 15, 1996
SUBJECT: Kenneth Moore request for 401 Water Quality
Certification involving filling of wetlands
associated with sand mine development, near
Ivanhoe, Sampson County, North Carolina. DEM ID:
951175.
The Wildlife Resources Commission has reviewed the
subject request for Water Quality Certification. A site
visit was made on October 27, 1995 for a mining permit
application. Our comments are provided in accordance with
provisions of the Fish and Wildlife Coordination Act (48
Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and Section
401(b) of the Clean Water Act of 1977 (as amended).
Our last exposure to the project was a review of a
mining permit application in October of 1995. In our
comments to the Land Quality Section (copy attached), we
strongly recommended that the project be modified to avoid
placing fill in wetlands for construction of a Plant and
Stockpile Area. Adequate high ground existed for
construction of this area. The applicant is now applying
for water quality certification to fill 2.5 acres of
wetlands in the same area. Again, we strongly recommend
that the project be modified to avoid or at least minimize
wetland impacts. Slight relocation of the Plant and
Stockpile Area to the east would avoid wetland impacts
altogether.
r
fr
DEM ID: 951175
p.2 of 2
Thank you for the opportunity to comment on this
project. If you need to discuss these comments or need
additional assistance, please call me at [phone].
cc:
William Wescott, Coastal Hab. Con. Coordinator
S:\boatfish\habcon\coast\d4 (401moore.doc)

MEMORANDUM
TO: Susan B. Edwards
Mining Program Secretary
Land Quality Section
FROM: Bennett Wynne
Habitat Conservation Program
DATE: October 27, 1995
SUBJECT: Mining Permit Application for CCC Sand & Gravel,
Inc., off SR 1105, near Ivanhoe, Sampson County,
North Carolina.
The Wildlife Resources Commission has reviewed the
Mining Permit Application for the applicant's Ivanhoe Pit.
A site visit was made on October 27, 1995. Our comments are
provided in accordance with provisions of the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661 et. seq.) and the North Carolina Mining Act of
1971 (as amended, 1982; G.S. 74-76 et seq., 15 NCAC 5).
The applicant is applying for a new mining permit
allowing excavation of 37.36 acres, most of which currently
is in pasture. To the west, the mine site abuts 404
wetlands vegetated with sweet bay, wax myrtle, red maple,
loblolly pine, willow, and common reed. These adjacent
wetlands provide habitat for raccoon, opossum, woodcock, and
a variety of songbirds. A 25' to 50' wide buffer is to be
maintained between excavation and the permit boundary. It
appears the majority of the site (32 acres) will be
reclaimed to a pond to be stocked with bass and bluegill.
Above water slopes are to be 2:1.
According to the workplat provided, mine excavation
would encroach on 404 wetlands at the eastern end of the
i
haul road connecting Mining Area "A" and Mining Area "B".
Further, an undetermined amount of fill for the Plant and
Stockpile Area would be placed in wetlands. No mitigation
for these wetland losses is proposed. Highground
alternatives exist. We strongly recommend that the project
be modified to avoid impacts to wetlands prior to permit
issuance.
Regarding underwater pond slopes, we recommend that
some banks (1\3 to 1\2) be graded at 3:1 to provide adequate
shallow water spawning habitat for bass and bluegill. Once
the applicant is ready to stock the pond, we suggest he
contact our District Fisheries Biologist for stocking
density recommendations.
Thank you for the opportunity to comment on this
application. If you need to discuss these comments or need
additional assistance, please call me at [phone].
cc: applicant
s:\boatfish\habcon\coast (cccmine.doc)
A
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DEM ID: -1 5 1 1 7 5 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Penn it #): NWP 25
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 MAN, c
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, I?rA
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535 _ 61995
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 .COR)'S OF FNGT?IEER--'
SEVEN (7) COPIES SHOULD -BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.'
1. Owners Name: Kenneth Moore
2. Owners Address: J & K Farms PO Box 1, Harrells, 'N. C. 28444
3. Owners Phone Number (Home):
4. If Applicable: Agent's name or responsible corporate official, address,-pbpne number:
Mitchell & Associates, Inc. (919) 752-407;
502 Harding St North
Greenville, North Carolina 27858
5. Location of work (MUST ATTACH NIAP). County: SAMPSON
Nearest Town or City: Ivanh
Specific Location (Include road numbers , landmarks, etc.): South of SR 1105 ur . ::err Rd),, North
of Sampson - Bladen Co,.ine, near Ivanhoe, Sampson N.C.

6. Name of ClosestStr6am/River:- tlnnam-d rrihurary nf R1,; CYpPk _
7. River Basin: Cape. Fea r
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [X]
9. Have any Section 404 permits been previously requested for use on this property? YES ( ] NO
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: +/- 15.0 ac.
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 2 .5
Drained: _ n 1
Flooded: n / a
Excavated: n / a
Total Impacted: 2 `-
(Work): 919 532-4729
12. Description of proposed work (Attach PLANS-8 1/2" X 11 " drawings only): P l a cement of clean f i 1
material in wetlands located above headwaters '(See plan drawing).
13. Purpose of proposed work: _ Proposed fill will facilitate the construction of a
plant and stockpile area for nearby pand mining operation.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. The --sup ^ ^ r t , f a c? ; i ; r ; A
r CYt]; rnmant ? needed t the
operation economically viable would encompass areas identified as wetlands.
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 X 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 EX ] 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. On file w/ACOE
D. If a stormwater management plan is required for this project, attach copy.
E. What island use of surrounding property? Livestock assure - Agriculture
F. If applicable, what is proposed method of sewage disposal? n/a
ner's Signature
Date
DEM ID: q 5 ) 11-5 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Pernut #): NWP 26
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers "WM-4
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WA'T'ER QUALITY PLANNING
CORPS OF ENGINEERS , DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT,
P.O. Box 1890 AND NATURAL RESOURCES k p
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 ENVIRON-MENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Kenneth Moore
2. Owners Address: J & K Farms PO Box 1, Harrells, 'N. C. 28444
3. Owners Phone Number (Home): (Work): 919 5.32-4729
4. If Applicable: Agent's name or responsible corporate official, address,-phpne number:
Mitchell & Associates, Inc. [phone]
502 Harding St North
Greenville, North Carolina 27858
5. Location of work (MUST ATTACH MAP). County: SAMPSON _
Nearest Town or City: Ivanhoe
Specific Location (Include road numbers, landmarks, etc.): South of SR 1105 Dr. !<'err Rd),' North
of Sampson - Bladen Co. ?,ine, near Ivanhoe, Sampson N.C.
6. Name of ClosestStr6dm/River: Unnamod r ri huta rv of Rl ar`k (`r Pk
7. River Basin: Cape. Fear
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS I1? YES [ ] NO [X]
9. Have any Section 404 permits been previously requested for use on this property? YES ] NO r)
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: +/- 15.0 ac.
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed proj?:ct
Filled: 2. 5
Drained:
Flooded: n/a
Excavated: n /
Total Impacted:- `_
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Placement of clean f i 11
material in wetlands located above headwaters '(See plan drawing).
13. Purpose of proposed work: Proposed fill will facilitate the construction of a
plant and stockpile area for nearby $and mining operation.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetlandimpacts. The support facilities requirements needed to make the
)peration economically viable would encompass areas identified as wetlands.
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 [X ] 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
?roperties in the permit area which may be affected by the proposed project? Have you done so? YES [X ] 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. On file w/ACOE
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Livestock pasture - Aariculture
F. If applicable, what is proposed method of sewage disposal? n/a
is Signature Date

To _
Date _ illql? Time
WHILE YOU WERE OUT
G t",,1
M 1,
of
Phone
AREA CODE NUMBER EXTENSION
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
Message-
S a\
Signed
N.C. Dept. of Environment. Health. and Natural Resources
oil
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MEMORANDUM ; PRINT NAMES:
Reviewer: ?, ? T
TO: JOHN DORNEY WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE: -7- -5'?
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
PERMIT YR: 95 PERMIT NO: 0001175 COUNTY: SAMPSON ?APPLICANT NAME: J & K FARMS - KENNETH MOORE
PROJECT TYPE: COMMERCIAL SAND/GRAV PERMIT TYPE: NW26 Cr
-oCOE #: 199602510 DOT #:
RCD_FROM _CDA: APP DATE_FRM_CDA: 11/06/9
REG_OFFICE: FRO
RIVER _AND_SUB_BASIN _#: 030615 STR INDEX NO: ]8-31-17-1
STREAM CLASS: C
WL_IMPACT?:?N WL_TYPE " "
WL_REQUESTED: WL ACR EST?: Y I
WL_SCORE M : ?g WATER IMPACTED BY FILL?: Y/
MITIGATION?: Y 6) MITIGATION TYPE:
MITIGATION-SIZE : m1k DID YOU REQUEST MORE INFO?: Y6
IS WETLAND RATING SHEET ATTACHED?:%Y/JN
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?:a N
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
COMMENTS:
J `"val 4/e .?
.1114?
rte.
/0 N10

2c: Regional Office
Central Files
r
IETLAND =RATI WORKSHEET . nurrth i , ,ecs an' r
t? r?hl;;"
Project name Nearest road
County `? Wetlan area acres Wetland wid-h a 1° feet
Name of eva uato Date
t"7' ggy'19.r'y+6? 7'A` a z. ?. r r n ( s m .?- ?,c'*1. . .x .k
f ?h /y, S Y 7 ,r V t ^t l y ?,„e'.a.,a?.?y'*" Yt, CMt
Wet7ancl location { t °?' , f Adjacent land useg.N i
upstream, upslope,
', 1w # F ? b as ?Y x f
f? k
?, ? g p1d?0I laiCe z r, p Or Tadius} ' .r } fi
perenniaX strem?
n'forestedlnaturalivegetatlan
n
Interittant stream. 'q + ?a F, st u
,?,S,rC ???ti ? ?. ?..? ,41 ?,?, f t'ih%'^'h'?'A'r S'r'` , (?'"agrlci.] It1]re,UrIJBRIStIbl.11'arl-'
within interstrearb,d>vide
Y ?"? 1?i? t ? impervious surface s ,4
other ,
<mi?i'?1?:
Fib t? k?t?{ Doant' vegetat9on
.'M %
a tr`???i.?'? '..? ? t?„'?St?`?'r vC? ?'t S : ?? ? r f ? ? ?i I .. ? t.y, a Lra ,?.k f t•;;.. r+?
Soil seres??
f ?? ? ?t+?t 1i arv? ,',tt?. ;?r?? ,.? S , i ? r ,y ?•^r rf R
30 Predominantly organic =A hum4us, 3? f,
I'l
MUCK,o peat' s t R ?3) ?.t P
predotHnantly ?mineral - non sandy ?' •t ' ; ?; j F t , . -,
[] pred'ominantly 'sandy Flooding and wetness r '
r
yea i` ? ?? Y i } ?y ? ? x1 .'? r?,?, i '. x 'K• ??, `?{ `? !
?=sernipermanently.?? to ?Permane ly
? ? ; ?t ? ? ? ? r, 1 flooded ?or inundated ??`?'
f?ydra?xlic factors 4 b ? q
?d,-or Inundate r
©'seasonally 'flood
?`intermlttantiyfiooded? ortemporary
? stee 't'
surface: water
N1 ??Xrl?11
-[] `no evidence of -hooding or surface
tota{ wetland width 2100 feet i,
jk!,?Ls,. •YatPr'?.:
Wetland type (select one)*
? ?Lottomland hardwood forest ? Pine savanr:
Headwater forest (/-7) ? Freshwater -narsh
L3 Swamp forest ? Bog/fen
? Wet flat ? Ephemeral v.etland
? Pocosin ? Carolina Ba?.
? Bog forest C3 Other
*The rating system cannot be applied to salt or brackish marshes or s ream channels
2 weight
Water storage 3 x 4.00`
Wetland Score
Bank/Shoreline stabilization -? x 4.00 }rte : '`%
Pollutant removal ?. x 5.00 lo
T
Wildlife habitat x 2.00 /
Aquatic life value x 4.00 ='
Recreation/Education x 1.00 =
G* Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile •:pstream, upslope, or radius ;
57
Mitchell and Associates, Inc.
E n v i r o n m e n t a l C o n s u l t a n t s
128 N. Harding Street • Greenville, North Carolina 27858 • 919 - 752 - 4077 0 Fax: 919 - 752- 7380
March 15. 1995
Mr. John Dorney
Water Quality Certification Program
Department of Environment,
Health Sz Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney,
This letter is in reference to the NWP 26 application filed on behalf of Mr.
I(enneth Moore, to fill 2.5 acres of wetlands near Ivanhoe (SR 1105) in
Sampson County.
Enclosed are the additional copies of the site plan you requested. Again, I
apologize for the delay, and I hope this information allows you to complete
action on the above referenced application.
Thank you for your time and attention to this matter, and if you have any
questions or comments, please feel free to call.
Sin:,erely,
Gary A Mitchell
President, Mitchell & Associates, Inc.
'7 /k?iLF
J
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S
State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Governor AIIIIIIIIIIIIIIIIIII
Jonathan B. Howes, Secretary ED E H N R
A. Preston Howard, Jr., P.E., Director
February 27, 1996
Mr. Kenneth Moore
J&KFarms
P.O. Box 1
Harrells, NC 28444
Dear Mr. Moore:
Re: Proposed land clearing of wetlanL,
Sampson County
DEM #951175, COE # 1996025:0
On 6 November 1995 we received you application to 6112.5 acres of wetlands near
Ivanhoe (SR 1105) for construction of a sand mining operation. Your letter sought
approval from DEM to fill in these wetland-s.We wrote you on 20 November 1995
discussing our need for maps and a site plan- To date we have not received this
information. The letter from the U.S. Army Corp of Engineers dated 21 February 1996
discusses additional information that you provided from this project. As this letter states)a
401 Certification is required from DEM for his permit to be legal. Until we receive the
information we requested earlier, we cannot complete action on this project. The enclosed
application needs to be completed and returr_zd to us with 7 copies of the application,
supporting maps and documentation.
Please call me at 919-733-1786 if you have any questions.
Sincerely,
4at R. Dorney
er Quality CertifiVin rogram
cc: Fayetteville DEM Regional Office
Wilmington Corps of Engineers
Central Files
Gary Mitchell
951175.app
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX = 733-9959
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Meets/Bounds for Wetlond Boundorv Kenneth Moore Proper jy
Pt. Bearing Dist(ft) Pt Bearing Dist (ft)
B1-B2 561 deg.E 19 B27-B3 582 deg.E 26.1
B3--B4 N84deg.E 20.5 B4-B5 580deg. E 24.4
B5-B6 564deg. E 30.6 B6-B7 556 deg.E 30,11
B7-B8 567 deg:E 34.0 B8-B9 565 deg.E 19.1
B9-810 530deg. E 20.2 B10-Bll 544deg. E 35.',
Bll-B12 524deg.E 35.7 B12-B13 560deg. E 17.()
B13-B14 550 deg. E 31.8 B14-B15 935deg. E 34.7
B15-B16 N75deg. E 1918 B16-B17 N70deg. E 22.0
617-B18 558 deg. E 32.5 B18-B19 560 deg. W 25.7
B19-B20 570 deg. W 11.5 B20-B21 N12deg. W 7.2
B21-B22 576 deg. W 10.5 B22-B23 515 deg. W 27.0
B23-B24 548 deg. W 16 B24-A107 565 deg.E 32.0
A107-B25 576 deg.W 48 B25-A108 521 deg.E 20.9
A108-A107 N55 deg.E 47.7 A107-A106 N80 deg. E 40-!
A106-A105 N65 deg. E 31 A105-A104 N75deg. E 27_S
A104-A103 N81 deg.E 33.7 A103-A102 541 deg.E 28.E
A102-AIOI 502deg. E 13.3 A101-A100 520deg.E 40.c;
A100-A99 N71 deg.E 24.8 A99-A96 583 deg.E 21.2
A98-A97 N67,&g.E 35.6 A97-A96 N66 deg.E 354,
A96-A95 NM deg. E 25.6 A95-A94 N71 deg. E 22.'-)
A94-A93 M9 deg. E 35.0 A93-7192- s88 dcg. E 42

A92-Pt.ZZ
1435'deg.E
11318
111-ZZ-Pt.yy
tri l deg.E _
13u

Pt.yY-P". X
H58 deg :E
173.5
Pt.XX-Car,Lr
R39 deaf. w .
i61
5
Cmzer-PVC N45 deg. w 106.5 Nx-AI03 548 deg _w .
7l7_?
Pnop,osed Plant a ahacf pila A",o
eouth of S.R. 1105, earrpson Co.
James K. P bon- - J a K Fauns
PO Box 1, Flarrslls,, N.C. 28444
Mitchell and Associates, Inc.
128 N. Harding Street • Greenville, North Carolina 27858 0 919 - 752 - 4077 • Fax: 919 - 752- 7380
October 17, 1995
Mr. John Dorney
Water Quality Certification Program
Divison of Environmental Management
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney,
RECEIVED
NOV 0 6 1995
ENVIRONMENTAL SCIENCES
The purpose of this letter is for Mitchell & Associates, Inc., representing
Mr. Kenneth Moore, J & K Farms, Inc., to submit a Department of the Army
Nationwide 26 Permit Application to place fill material within approximately
2.5 acres of Section 404 wetlands. The proposed project is located south of
S. R. 1105 (Dr. Kerr Rd.), north of the Sampson-Bladen Co. line, near the
community of Ivanhoe, Sampson Co., North Carolina.
The purpose of the proposed fill in wetlands is to facilitate the
construction of a plant and stockpile area for support of a sand mining
operation on the property. The majority of the support facilities will be
located in uplands, but due to the proximity of an existing livestock operation,
some disturbed, scrub-shrub regrowth type wetlands on Mr. Moore's property
must be impacted in order for the proposed facility to be constructed.
The applicant has considered other alternatives to the placement of fill
material within wetlands to accomplish his project goal, however, the proposed
plan is the only one practicable. Considering the amount of stockpile area
required in order to make the sand mining operation an economically viable
one, other alternatives considered were not practicable, significantly more
expensive to the applicant, or involved even greater wetland impacts. The
project has been designed to avoid and minimize potential adverse impacts to
other wetland areas, including all applicable erosion and sediment control
J • ..-
methods. Additional measures will be undertaken to ensure that the work
conducted is done so in strict conformance with all conditions pursuant to
Nationwide Permit No. 26, as well as other state and local requirements.
By copy of this correspondence and completed Pre-Discharge
notification procedure, I am requesting Division of Environmental
Management concurrence with Nationwide Permit No. 26 application. Please
contact me at your convenience should you have any questions about this
matter. Thank you for your time and attention to this matter.
Sincerely,
Gary A. Mitchell
President

A, .4
Mitchell and Associates, Inc.
128 N. Harding Street • Greenville, North Carolina 27858 • 919 - 752 - 4077 • Fax: 919 - 752 ?380
March 6, 1996
Water Quality Certification Program
Department of Environmental Health & Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
8ECEI VED
E MARS>>996
Mr. John Dorney ?I RoNNrA? SCIENCES
Dear Mr. Dorney,
This letter is in reference to the application filed on behalf of Mr.
Kenneth Moore, to fill 2.5 acres of wetlands near Ivanhoe (SR 1105) iii
Sampson County.
I recently received your letter regarding additional information that was
not enclosed with the original application. I apologize for the delay, ai?d have
included seven additional copies of the completed application, and a site plan
for your review.
Thank you for informing me about the additional required information.
I hope this will help resume processing of Mr. Moore's application. Please feel
free to give me a call if you have any additional questions or comments.
Sincerely,.
Gary A. Mitchell
President, Mitchell & -Associates
DEM ID: ` ? `/ 75 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): NWP 2 6
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, 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 CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Kenneth Moore
2. Owners Address: J & K Farms PO Box 1, Harrells, N. C. 28444
3. Owners Phone Number (Home): (Work): 919 532-4729
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Mitchell & Associates, Inc. [phone]
502 Hardina St North
Greenville, North Carolina 27858
5. Location of work (MUST ATTACH MAP). County: SAMPSON
Nearest Town or City: Ivanhoe
Specific Location (Include road numbers, landmarks, etc.): South of SR 1105 (Dr. Kerr Rd),' North
of Sampson - Bladen Co. Line, near Ivanhoe, Sampson Co. N.C.
6. Name of ClosestStream/River: 17nn amad t r a hu t. a r y of Black Creek
7. River Basin: 'North ` Earst Cape Fear
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ J NO [X]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO X]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:- + -
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 2.5
Drained: n / a
Flooded: n / a

Excavated: n/a
Total Impacted: 2.5
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): P1 a cement of clean f i 11
material in wetlands located above headwaters (See plan drawing).
13. Purpose of proposed work: Proposed fill will facilitate the construction of a
plant and stockpile area for nearby sand mining operation.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. The support facilities requirements needed to make the
operation economically viable would encompass areas identified as wetlands.
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 N ] NO[ ]
RESPONSES FROWTHE USFWS AND/OR NUTS 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. On file w/ACOE
D. If a stormwater management plan is required for this project, attach copy.
E. What island use of surrounding property? Livestock pasture - Agriculture
F. If applicable, what is proposed method of sewage disposal? n/ a
s Signature
Date
DEM ID: 7-f
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): NWP 2 6
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
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
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: Kenneth Moore
2. Owners Address: J & K Farms PO Box 1, Harrells, N.C. 28444
3. Owners Phone Number (Home): (Work): 919 532-4729
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Mitchell & Associates, Inc. [phone]
502 Harding St North
Greenville, North Carolina 27858
5. Location of work (MUST ATTACH MAP). County: SAMPSON
Nearest Town or City: Ivanhoe
Specific Location (Include road numbers, landmarks, etc.): South of SR 1105 (Dr. Kerr Rd),' North
of Sampson - Bladen Co. Line, near Ivanhoe, Sampson Co. N.C.
6. Name of Closest .Stream/River: 17nnamPd trilhutary of Rlac-k C k
7. River Basin: North=`,Ea'st Cape Fear
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [X]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO X]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:- 15 i4e-+ _
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 2.5
Drained: n / a
Flooded: n/a
Excavated: n/a
Total Impacted: 2.5
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): P 1 a c eme n t o f c l e a n f i 11
material in wetlands located above headwaters (See plan drawing).
13. Purpose of proposed work: Proposed fill will facilitate the construction of a
plant and stockpile area for nearby sand mining operation.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimizewetlandimpacts. The sugport facilities requirements needed to make the
operation economically viable would encompass areas identified as wetlands.
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 [x ] 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 Iiistoric
]
properties in the permit area which may be affected by the proposed project? Have you done so? YES [x ] 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. On f i le w/ALOE
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Livestock pasture - Agriculture
F. If applicable, what is proposed method of sewage disposal? n/a
's Signature
Date
DEM ID: '?6-// 7S ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): NWP 2 6
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, 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 CORPS OF ENGINEERS.
SEVEN (7)' COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Kenneth Moore
2. Owners Address: J & K Farms PO Box 1, Harrells, 'N. C. 28444
3. Owners Phone Number (Home): (Work): 919 532-4729
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Mitchell & Associates, Inc. [phone]
502 Hardinq St North
Greenville, North Carolina 27858
5. Location of work (MUST ATTACH MAP). County: SAMPSON
Nearest Town or City: Ivanhoe
Specific Location (Include road numbers, landmarks, etc.): South of SR 1105 (Dr. Kerr Rd) , North
of Sampson - Bladen Co. Line, near Ivanhoe, Sampson Co. N.C.
6. Name of ClosestStream/River: TlnnamPc3 trithiaary of R1 ac?k k
7. River Basin: North= East Cape Fear
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [X]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO X]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:- 115 + -
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 2.5
Drained:
Flooded: n/a
Excavated: n/a
Total Impacted: 2.5
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): P1 a cement of clean f i l l
material in wetlands located above headwaters (See plan drawing).
13. Purpose of proposed work: Proposed fill will facilitate the construction of a
plant and stockpile area for nearby sand mining operation.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. The support facilities requirements needed to make the
operation economically viable would encompass areas identified as wetlands.
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 [X ] 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. On file w/ACOE
D. If a stormwater management plan is required for this project, attach copy.
E. What island use of surrounding property? Livestock pasture - Agriculture
F. If applicable, what is proposed method of sewage disposal? n/ a
Signature
Date
DEM ID: q511 75 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
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
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: Kenneth Moore
2. Owners Address: J & K Farms PO Box 1, Harrells, N.C. 28444
3. Owners Phone Number (Home): (Work): 919 532-4729
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Mitchell & Associates, Inc. [phone]
502 Hardina St North
Greenville, North Carolina 27858
5. Location of work (MUST ATTACH MAP). County: SAMPSON
Nearest Town or City: Ivanhoe
Specific Location (Include road numbers, landmarks, etc.): South of SR 1105 ( Dr . Kerr Rd) North
of Sampson - Bladen Co. Line, near Ivanhoe, Sampson Co. N.C.
6. Name of Closest S tream/River: NnnamPd t rmhuta ry of R1 ack Creek
7. River Basin: 'North-"'Ea'st Cape Fear
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [X]
9, Have any Section 404 permits been previously requested for use on this property? YES [ ] NO X]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 1 la-c_t _
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 2.5
Drained: n / a
Flooded: n/a
Excavated: n/a
Total Impacted: 2.5
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): P l a cement of clean f i l l
material in wetlands located above headwaters (See plan drawing).
13. Purpose of proposed work: Proposed fill will facilitate the construction of a
plant and stockpile area for nearby sand mining operation.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. The support facilities requirements needed to make the
operation economically viable would encompass areas identified as wetlands.
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 [X ] 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 [X ] NO[
J
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. On f 11 e w/ACOE
D. If a stormwater management plan is required for this project, attach copy.
E. What island use of surrounding property? Livestock pasture - Agriculture
F. If applicable, what is proposed method of sewage disposal? n/a
s Signature
Date
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): NWP 26
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, 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 CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Kenneth Moore
2. Owners Address: J & K Farms PO Box 1, Harrells, N.C. 28444
3. Owners Phone Number (Home):
(Work): 919 532-4729
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Mitchell & Associates, Inc. [phone]
502 Harding St North
Greenville, North Carolina 27858
5. Location of work (MUST ATTACH MAP). County: SAMPSON
Nearest Town or City: Ivanh
Specific Location (Include road numbers, landmarks, etc.): S o u t h o f S R 110 5( D r. K e r r R d) N o r t h
of Sampson - Bladen Co. Line, near Ivanhoe, Sampson Co. N.C.
6. Name of Closest S tream/River:
7. River Basin: North- 'Ea%t Cape Fear
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [X]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO ?]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: I514e±
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 2.5
Drained:
Flooded: n/ a
Excavated: n/a
Total Impacted: 2.5
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): P l a cement of clean f i l l
material in wetlands located above headwaters (See plan drawing).
13. Purpose of proposed work: Proposed fill will facilitate the construction of a
plant and stockpile area for nearby sand mining operation.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimizewetlandimpacts. The support, facilities requirements needed to make the
operation economically viable would encompass areas identified as wetlands.
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 [X ] 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. On file w/ACOE
D. If a stormwater management plan is required for this project, attach copy.
E. What island use of surrounding property? Livestock pasture - Agriculture
F. If applicable, what is proposed method of sewage disposal? n/a
s Signature
Date
DEM ID: ACTION ID:
Nationwide Permit Requested.(Provide Nationwide.Permit #): NWP 26
JOINT FORM FOR
Nationwide permits'that r'e'quire 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, HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, ANC, 28402-1890 P.O: Box 29535
ATTN: CESAW CO-E Raleiggh, NC 27626-0535
Telephone•[phone]. ATTN: MR. JOHN DORNEY
` Telephone [phone]
ONE (1) COPY 101?`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: Kenneth Moore
2. Owners Address: J & K Farms PO Box 1, Harrells, •N.'C. 28444
3. Owners Phone Number (Home): (Work): 919-532-4729
4. If Applicable:, Agent'szame or responsible corporate official, address, phgne number,,;
Mitchell & Associates, Inc. [phone]:
502 Harding, St North t.'
Greenville, North Carolina 27858
5. Location of work (MUST ATTACH MAP). County: SAMPSON
Nearest Town or City: Ivanhoe
Specific Location (Include road numbers, landmarks, etc.): South of SR 1105 (Dr. Kerr Rd),' North
of Sampson - Bladen Co.11ine, nc r' Ivanhoe, Sampson Co. N.C.
6. Name of ClosestStream/River:
7. River Basin: W " ihrS%rst Cape Fear ,.
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [X]
9. Have any Section 404 permits been previously requested for use on this property? YES [' ] NO f]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:-5 At-+ 7
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 2.5
Drained: n / a
Flooded: n/a -
Excavated: n/a
Total Impacted: 2.5
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): P l a cement of clean f i l l
material in wetlands located above headwaters (See plan drawing).
13. Purpose of proposed work: Proposed fill will facilitate the construction of _a
plant and stockpile area for nearby sand mining operation.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. The support. facilities requirements needed to make the
operation economically viable would encompass areas identified as wetlands.
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[x] 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. On f i le w/ALOE
D. If a stormwater management plan is required for this project, attach copy.
E. What island use of surrounding property? Livestock pasture - Agriculture
F. If applicable, what is proposed method of sewage disposal? n/a
's Signature
Date
DEM ID• _; t - 3c! c?f?uZ1 ! q ACTION ID:
Nationwide Permit Requested`.(Provide Natipnwide:Permit #>: NwP 2 6
JOINT FORM FOR
Nationwide permits'that require notification to the Corps of Engineers
Nationwide permits.that require application for Section 401 certification
WILMNOT014-DISTRICT ENGINEER,, -WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPAR7MENT,OF71iF, 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 Raleiggh, NC 27626-0535
Telephone [phone] AM: MR. JOHN DORNEY
` Telephone [phone]
ONE (1) COPY 'O 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: Kenneth Moore
2. Owners Address: J & K Farms PO Box 1, Harrells, *N.C. 28444
3. Owners Phone Number (Home): _ (Work): 919 5 3 2 - 4 7 2 9
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Mitchell & Associates, Inc. [phone]
502 Harding St North
Greenville, North Carolina 27858
5. Location of work (MUST ATTACH MAP). County: SAMP S ON
Nearest Town or City: Ivanhoe
Specific Location (Include road numbers, landmarks, etc.): South of SR 1105 (Dr . Kerr Rd) North
of Sampson - Bladen Co. Line, near Ivanhoe, Sampson Co. N.C.
6. Name of Closest-.Stream/River:
7. River Basin: Wb?'h`h?st Cage Fear
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [X]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO PO
If yes, explain.
10. Estimated total number of acre's of waters of the U.S., including wetlands, located on project site: 1,5 144 ±
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 2.5
Drained: n / a
Flooded: n/ a
Excavated: n / a
Total Impacted: 2.5
12. Description of proposed work (Attach PLANS-8 1/2" X 1 1 " drawings only): Placement of clean f i l l
material in wetlands located above headwaters (See plan drawing).
13. Purpose of proposed work: Proposed fill will facilitate the construction of a
plant and stockpile area for nearby sand mining operation.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimizewetlandimpacts. The support. facilities requirements needed to make the
operation economically viable would encompass areas identified as wetlands.
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 [X ] 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. On file w/ALOE
D. If a stormwater management plan is required for this project, attach copy.
E. What island use of surrounding property? Livestock pasture - Agriculture
F. If applicable, what is proposed method of sewage disposal? n
's Signature Date
.0.-
Mitchell and Associates, Inc.
128 N. Harding Street • Greenville, North Carolina 27858 • 919 - 752 - 4077 * Fax: 919 - 752- 7380
December 4, 1995 "Seek),
f?
Mr. John Dorney F Q?
Water Quality Planning
??'Q?',?T
Division of Environmental Management
Post Office Box 29535s
Raleigh. N.C. 27626-053.5
Dear Mr. Dorney,
This letter is in reference to the NWP 26 request filed by Mitchell
Associates on behalf of Mr. Kenneth Moore. I have included another
vicinity sketch of the property in question, which is located off of Dr. Kerr
Rd., near the community of Ivanhoe and the Sampson/Bladen County line,
Sampson County, North Carolina.
When coming from the town of Harrells, take Wildcat Road (SR
1007) and proceed south. Arrive at Ivanhoe Rd (SR 1100) after crossing
small bridge, and turn left. Proceed to Dr. Kerr Rd (SR 1105), and turn
right. Cross the Black River over a series of newly developed bridges, then
take the first dirt road to the left. Follow this dirt road past pasture land and
hog houses, and arrive at the site.
I hope this clears up any uncertainty as to the location of the
proposed project. Please feel free to give me a call if you have any additional
questions.
Sincerely,
Gary A. Mitchell
President, Mitchell &. Assoc., Inc.

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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
November 20, 1995
Mr. Kenneth Moore
J&KFarms
Post Office Box 1
Harrells, N.C. 28444
Dear Mr. Moore:
Re: Application for wetland fill
Proposed sand mining operation
DEM # 951175
Sampson County
RLE ran..
On 6 November 1995 we received you application to fill 2.5 acres of wetlands near
Ivanhoe (SR 1105) to facilitate the construction of a plant and stockpile area for a nearby
sand mining operation. This information was sent by your consultant Gary Mitchell.
Unfortunately Mr. Mitchell did not enclose a site plan showing the location of your proposed
facility. This information is necessary for DEM in order to decide whether there is any
practicable alternative to this fill.
Please send a map depicting the design of you proposed facility. this information is
needed before we can resume processing of your application.
Please call me at 919-733-1786 if you have any questions.
Sincerely,
L?
''1 l
J n R. Dorney
ater Quality Ce c ion Program
951175.hld
cc: Fayetteville DEM Regional Office
Central Files
Gary Mitchell
AL1T17_1KWWA
t*A
[D IF= F11'
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% past-consumer paper
DEM ID: q .5 1 1 7 5
ACTION
Nationwide Permit Requested (Provide Nationwide Pernut #): NWP 2 6
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, HEAL'- H,;
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 !I - 6
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: Kenneth Moore
2. Owners Address: J & K Farms PO Box 1, Harrells, 'N.C. 28444
3. Owners Phone Number (Home): (Work): 919 532-4729
4. If Applicable: Agent's name or responsible corporate official, address,-phpne number:
Mitchell & Associates, Inc. [phone]
502 Harding St North
Greenville, North Carolina 27858
5. Location of work (MUST ATTACH NIAP). County: SAMPSON _
Nearest Town or City: Ivanhoe
Specific Location (Include road numbers , landmarks, etc.): South of SR 1105 Dr . :Corr Rd),' North
of Sampson - Bladen Co Fine, riear Ivanhoe, Samp sk n c N.C.

6. Name of ClosestStr6iniR.iver: 11nnamPd trihutar-v of RlAr`k orpek -
7. River Basin: Cape. Fear
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [X)
9. Have any Section 404 permits been previously requested for use on this property? YES I ] NO
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: +/- 15.0 ac.
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed projcct
Filled: 2 • 5
Drained: n f
Flooded: n/a
Excavated: n /
Total Impacted: -'
12 . Description of proposed work (Attach PLANS-8 1/2" X 1 1 " drawings only): Placement of clean f i l l
material in wetlands located above headwaters '(See plan drawing).
3. Purpose of proposed work: Proposed fill will facilitate the construction of a
plant and stockpile area for nearby sand mining operation.
4. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
aken to minimize wetland impacts. The support. f a i i; t; es recf»i rAmAc, s needed to make the
Aeration economically viable would encompass areas identified as wetlands.
5. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
'4MFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
abitat in the permit area that may be affected by the proposed project. Have you done so? YES[x] NO [ ]
ESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
5. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
roperties in the permit area which may be affected by the proposed project? Have you done so? YES
ESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. ] NO [ ]
1. 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. On file w/ACOE
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Livestock pasture - Agriculture
F. If applicable, what is proposed method of sewage disposal? n/a
s Signature Date
Kenneth Niel Moore
P.O. Box 1
Harrells NC 28444
Gentlemen:
Please be advised that I do hereby
Mitchell & Associates Incorporated
Greenville. NC 27858 to act as my
permits to mine sand from property
property located in Franklin "Towns
the Greene Farm.
authorize Gary Mitchell with
128 North Harditip Street
agent to obtain ire necessary
I presently own. Said
hip. Sampson Couni. know as
Respectfully Submitted
Kenneth Neil Moore
STATE OF NORTH CARD INA
COUNTY OF Asv'o
1. a Notary Public of the county and state aforesaid,
certify that Kenneth Neil Moore, personally appeared
before me this day and acknowledged the execution of
the foregoing instrument.
Wit ess ny hand and official
My commission expires:
4-'/,c Z7 / 9 9
tamp or seal,
o n /)
this/a/-
R? PUBLIC

REPLY TO
ATTENTION OF
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
February 21, 1996
Action ID No. 199602510 and Nationwide Permit No. 26
Mr. Kenneth N. Moore
J&K Farms, Inc.
Post Office Box 1
Harrells, North Carolina 28444
Dear Mr. Moore:
Reference your application of October 17, 1995, for Department of the
Army (DA) authorization to discharge fill material into 2.5 acres of
jurisdictional wetlands located above the headwaters of an unnamed tributary
to the Black River, for the purpose of developing a sand mine, plant, and
stockpile on your property located south of Dr. Kerr Road, near Ivanhoe,
Sampson County, North Carolina.
Subsequent to the additional information you provided and an on-site
meeting between the undersigned and your representative, Mr. Gary Mitchell,
February 7, 1996, proposal's eligibility to receive authorization pursuant to
Nationwide Permit No. 26 was verified. Title 33, Code of Federal Regulations
(CFR), Part 330.6, published in the Federal Register on November 22, 1991,
lists nationwide permits for the purposes of the Corps of Engineers'
Regulatory Program. Authorization, pursuant to Section 404 of the Clean Water
Act, was provided by Nationwide Permit No. 26 for discharges of dredged or
fill material into headwaters and isolated waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and any
required State authorization. A Section 401 water quality certification is
required from the North Carolina Division of Environmental Management.
Contact Mr. John Dorney, telephone [phone] for this certification.
This nationwide permit does not relieve you of the responsibility to obtain
other required State or local approval.
This verification will be valid until the nationwide permit is modified,
reissued or revoked, which will occur prior to January 21, 1997. It is
incumbent upon you to remain informed of changes to the nationwide permits,
which will be announced by public notice when they occur. If you commence, or
are under contract to commence, this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the date of
the modification or revocation, to complete the activity under the present
terms and conditions of this nationwide permit.
Printed on 0 Recycled Paper
F %
Questions or comments may be addressed to the undersigned, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
Matthew R. Flint
Regulatory Specialist
Enclosure
Copies Furnished (without enclosure):
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Division of Environmental Management
\ North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Gary Mitchell
Mitchell and Associates,
Environmental Consultants
128 North Harding Street
Greenville, North Carolina 27858