19920084 Ver 1_COMPLETE FILE_19920101

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
November 16, 1992
Action ID. 199201041 and Nationwide Permit No. 26 (Headwaters
and Isolated Waters)
Messrs. Joe and Dwight Sholar
Route 2, Box 313-63
Wallace, North Carolina 28466
Dear Messrs. Sholar:
R"
1992.
Reference your application of September 17, 1992, for Department of the
Army authorization to impact 0.6 acre of wetland for.the construction of an
access road to a proposed hog operation in the headwaters of a tributary of
Cypress Creek, near Pin Hook on NC 50 in Duplin County, North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, 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 provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management and, in the coastal area, a consistency
determination from the North Carolina Division of Coastal Management. You
should contact Mr. John Dorney, telephone [phone], regarding water
quality certification, and Mr. Steve Benton, telephone [phone],
regarding consistency determination. This nationwide permit does not relieve
you of the responsibility to obtain other required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.

-2-
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Div ion'of Environmental Management
N th Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Michael Sugg
District Conservationist
Duplin County Soil
Conservation Service
Post Office Box 277
Kenansville, North Carolina 28349
Mr. Jim Gregson
North Carolina Department of
Environment, Health, and
Natural Resources ,
Division of Environmental Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
• V ".0
.9ow^M?
STVt
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary March 18 , 1992 Director
Mr. Willis Sholar
Route 2, Box 325A
Wallace, North Carolina 28466
Dear Mr. Sholar:
Subject:
Proposed Fill in Headwaters or Isolated Wetlands
Access road
Duplin County
DEM Project 92084,
COE # 199201041
Upon review of your request for Water Quality Certification
to place fill material in 0.73 acres of wetlands for road access
located at Pin Hook, in Duplin County, we have determined that
the proposed fill can be covered by General Water Quality
Certification No. 2671 issued January 21, 1992. A copy of the
General Certification is attached. This Certification may be
used in qualifying for coverage under Corps of Engineers'
Nationwide Permit No. 26.
If you have any questions, please contact John Dorney at
919/733-1786 or 919/733-1787.
GTE: JD
Attachment
Sincerely,
rge T. Everett
cc: Wilmington District Corps of Engineers
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
DIVISION OF ENVIRONMENTAL
MEMORANDUM
Date: March 13, 1992
To : J rne)$
Planning Branch
From: James H. GregsomL-
Wilmington Regio Office
Through: Dave Adkins
Wilmington egional Office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Mr. Willis Sholar
Central Office Permit #92084
Duplin County
PROJECT DESCRIPTION: The applicant proposes to construct an
access road approximately 0.2 miles long by 30 feet wide through
headwater wetlands to provide access to proposed hog facility.
ADJACENT WATER BODY: Cypress Creek
CLASSIFICATION: CSw
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
A site visit was conducted on March 12, 1992.
1. The project will require a 401 Water Quality Certification.
2. The project complies with the General 401 Water Quality
Certification No. 2671 for Headwater Wetlands.
This office has no objection to the project as proposed.
cc: Wilmington Regional Office Files
Central Files
190

q,? o8'f
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 13, 1992
Regulatory Branch
Action ID. 199201041 and Nationwide
(Headwaters and Isolated Waters)
v
Mr. WilTti Sholar
Route 2, Box 325A
Wallace, North Carolina 28466
Dear Mr. Sholar:
Permit N 26

r`. ?n^rl
v4:....
Through coordination with Mr. Johnny Lanier of the Duplin County Soil
Conservation Service, we have learned of Messrs. Dwight and Joe Sholar's
plans to construct an access road throw ds of a tributary to Cypress
Creek, west of N.C. 50, near Pin Hook Duplin C unty, North Carolina.
Based on the information submitte r. Lanier and by field work
performed by Mr. Vincent Lewis of the ASCS, Mr. Jeff Richter of my staff has
determined that the prM work is located in the headwaters of the
tributary. The road itedly 30 feet wide by approximately 0.2 mile
long, impacting about re of wetland.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CPR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters provided:
a. the discharge does not cause the loss of more than 10 acres of
waters of the United States;
b. the permittee notifies the District Engineer if the discharge
would cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. the discharge, including all attendant features, both temporary
and permanent, is part of a single and complete project.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval. This Nationwide Permit is not valid until
you have first obtained a valid 4Q1 Water Quality Certificate from the North
Carolina Division of oastal Managemen . You should contact Mr. John Dorney,
at telephone [phone] o iscuss this matter.

K
-2-
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
}t, 7 r y.
-3-
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Johnny Lanier
Duplin County Soil
Conservation Service
Post Office Box 277
Kenansville, North Carolina 28349
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Car na Department of
Env' nment, Health and
ural Resources
st Office Box 27687
Raleigh, North Carolina 27611-7687
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
February 13, 1992
Action ID. 199201041 and Nationwide Permit
(Headwaters and Isolated Waters)
Mr. Willis Sholar
Route 2, Box 325A
Wallace, North Carolina 28466
Dear Mr. Sholar:
N 26

Through coordination with Mr. Johnny Lanier of the Duplin County Soil
Conservation Service, we have learned of Messrs. Dwight and Joe Sholar's
plans to construct an access road throu - a ds of a tributary to Cypress
Creek, west of N.C. 50, near Pin Hook Duplin C unty, North Carolina.
Based on the information submitte r. Lanier and by field work
performed by Mr. Vincent Lewis of the ASCS, Mr. Jeff Richter of my staff has
determined that the prop ed work is located in the headwaters of the
tributary. The road is, ep tedly 30 feet wide by approximately 0.2 mile
long, impacting about .73 re of wetland.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters provided:
a. the discharge does not cause the loss of more than 10 acres of
waters of the United States;
b. the permittee notifies the District Engineer if the discharge
would cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. the discharge, including all attendant features, both temporary
and permanent, is part of a single and complete project.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval. This Nationwide Permit is not valid until
you have first obtained a valid 401 Water Quality Certificate from the North
Carolina Division of Coastal Management. You should contact Mr. John Dorney,
at telephone [phone] to discuss this matter.
. •-rte
e,,.5U7F °?
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary March 9, 1992 Director
Mr. Willis Sholar
Rt. 2, Box 325-A
Wallace, NC 28466
Dear Mr. Sholar:
RE: Access Road, Duplin County
DEM'Project #92115, COE Project #199201041
On March 2,1992, I received an application from you for a
401 Water Quality Certification for your project entitled Sholar
Farms at Pin Hook in Duplin County. Our existing regulations
(15A NCAC 2H .0501 (a)) require that all applicants for 401
Certifications submit seven complete copies of 401 Applications.
These copies must be supplied by the Division of Environmental
Management to various state and Federal agencies as specified in
the same regulations. Having copies available for simultaneous
review by other_ agencies will reduce the overall processing time
for your permit application. In the past, we have not enforced
this requirement and have seen processing time slowed
significantly.
Therefore, please send six additional copies of your 401
Certification application so we can initiate the comprehensive
review required by our rules. I am unable to do this copying
since there are numerous applications with this problem and our
regulations state that the applicant must supply these copies.
If you have any questions, please call me at 919/733-1786.
q S' c rel yours,
Jo ?r. R. Dorney
Wilmington DEM Regional Office
Division of Coastal Management, Raleigh
John R. Dorney
Central Files REGIONAL OFFICES
sevencpy.lt.r/D-4
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Regional office
3RD/l1
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-39(X) 919/896-7(X)7
Pollution Prevention Pays
P.O. Rox 29535, Raleigh, North Carolina 27626-0535 Telephone [phone])
An I-qual Opponnnity Allittnatlvc Action Eo,ploycr
STA7f a
? 3 S
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor March 18, 1992 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
Mr. Willis Sholar
Route 2, Box 325A
Wallace, North Carolina 28466
Dear Mr. Sholar:
Subject: Proposed Fill in Headwaters or Isolated-Wetlands
Access road
Duplin County
DEM Project 92084, COE # 199201041
Upon review of your request for Water Quality Certification
to place fill material in 0.73 acres of wetlands for road access
located at Pin Hook, in Duplin County, we have determined that
the proposed fill can be covered by General Water Quality
Certification No. 2671 issued January 21, 1992. A copy of the
General Certification is attached. This Certification may be
used in qualifying for coverage under Corps of Engineers'
Nationwide Permit No. 26.
If you have any questions, please contact John Dorney at
919/733-1786 or 919/733-1787.
Sincerely,
s rge T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 13, 1992
Regulatory Branch
Action ID. 199201041 and Nationwide Permit No. 26
(Headwaters and Isolated Waters)
Mr. Willis Sholar
Route 2, Box 325A
Wallace, North Carolina 28466
Dear Mr. Sholar:
Through coordination with Mr. Johnny Lanier of the Duplin County Soil
Conservation Service, we have learned of Messrs. Dwight and Joe Shoiar's
plans to construct an access road through wetlands of a tributary to Cypress
Creek, west of N.C. 50, near Pin Hook, Duplin County, North Carolina.
Based on the information submitted by Mr. Lanier and by field work
performed by Mr. Vincent Lewis of the ASCS, Mr. Jeff Richter of my staff has
determined that the proposed work is located in the headwaters of the
tributary. The road is reportedly 30 feet wide by approximately 0.2 mile
long, impacting about 0.73 acre of wetland.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters provided:
a. the discharge does not cause the loss of more than 10 acres of
waters of the United States;
b. the permittee notifies the District Engineer if the discharge
would cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. the discharge, including all attendant features, both temporary
and permanent, is part of a single and complete project.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval. This Nationwide Permit is not valid until
you have first obtained a valid 401 Water Quality Certificate from the North
Carolina Division of Coastal Management. You should contact Mr. John Dorney,
at telephone [phone] to discuss this matter.