19930318 Ver 1_COMPLETE FILE_19930515

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
June 15, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID. 199302193* and Nationwide Permit No. r 14 (Reetd-
1 ?
Mr. & Mrs. Michael S. Kellum
Post Office Box 7071
Wilmington, North Carolina 28406 ?i..:
Dear Mr. & Mrs. Kellum:

Reference your application of April 23, 1993, epartment of the Army (DA)
authorization to construct an access road throughwetlands of Masonboro Sound at
your property at 7141 Carolina Beach Road in Wilmington, New Hanover 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, pursuant to Section
10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act,
was provided for fills for roads crossing waters of the United States (including
wetlands and other special aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the actual
crossing;
b. The fill placed in waters of the United States is limited to a filled area
of no more than one-third acre. Furthermore, no more than a total of 200 linear
feet of the fill for the roadway can occur in special aquatic sites, including
wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent the
restriction of, and to withstand, expected highflows and the movement of aquatic
organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of the
United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer (DE) in accordance with the "Notification" general
condition.
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 (NCDEM) and, in the coastal area, a consistency
determination from the North Carolina Division of Coastal Management (NCDCM). 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 two years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also, this
verification will remain valid for the two 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 two years, the nationwide permit authorization expires or is
-2-
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 twelve 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. Jeffrey Richter, Wilmington Area
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
VM Steve Benton
Forth Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Bob Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
June 15, 1993
Regulatory Branch
r
! U I
X12 2 lyy;?
. W-- E N.. S..r',
,TER l1A!jry
Action ID. 199302193* and Nationwide Permit No. 14 (Road Crossing)
Mr. & Mrs. Michael S. Kellum
Post Office Box 7071
Wilmington, North Carolina 28406
Dear Mr. & Mrs. Kellum:
Reference your application of April 23, 1993, for Department of the Army (DA)
authorization to construct an access road throughwetlands of Masonboro Sound at
your property at 7141 Carolina Beach Road in Wilmington, New Hanover 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, pursuant to Section
10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act,
was provided for fills for roads crossing waters of the United States (including
wetlands and other special aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the actual
crossing;
b. The fill placed in waters of the United States is limited to a filled area
of no more than one-third acre. Furthermore, no more than a total of 200 linear
feet of the fill for the roadway can occur in special aquatic sites, including
wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent the
restriction of, and to withstand, expected highflows and the movement of aquatic
organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of the
United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer (DE) in accordance with the "Notification" general
condition.
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 (NCDEM) and, in the coastal area, a consistency
determination from the North Carolina Division of Coastal Management (NCDCM). 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 two years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also, this
verification will remain valid for the two 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 two years, the nationwide permit authorization expires or is
of -,r
-2-
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 twelve 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. Jeffrey Richter, Wilmington Area
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
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
?Nrl John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Bob Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
State of North Carolina
Department of Environment,
Health and Natural Resources ??.
Division of Environmental Management .?I
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
A. Preston Howard, Jr., P,E., Director
May 18, 1993
Micheal and Connie Kellum
P.O. Box 7071
Wilmington, N.C. 28406
Dear Mr. & Ms. Kellum:
Subject: Proposed fill in Wetlands or Waters
Minor lot fill
New Hanover County
DEM Project # 93318
Upon review of your request for 401 Water Quality Certification to place fill material in
0.03 acres of wetlands or waters which are tributary to Masonboro Sound for minor lot fill
located at 7141 Carolina Beach Road in New Hanover County, as described in your submittal
dated 19 April 1993, we have determined that the proposed fill can be covered by General
Water Quality Certification No. 2732 & 2664 issued January 21, 1992. Copies of the General
Certification are attached. These Certifications may be used in qualifying for coverage under
Corps of Engineers' Nationwide Permit Nos. 14 & 12.
If you have any questions, please contact John Dorney at 919-733-1786
Sincerely,
stop How d, Jr. P.
93318.Itr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

M.EMO12ANDTIM PR LN'I' CdAMES :

TO: John Dot:•ney Wf_) apv a
I-'l,inning Br_ rich DA'M',':. -- --q-
:'TJE,TE( C: WE'.PLAND :_?TAFF REPOR'L' AN D P.EC'(,)MMENDATI('>1I?;
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PERMIT YR. 1) 3 PERM-11' N C): r,;uUNI'Y: NEW 14AN(`\/H'P
APPLICANT NAME: MI(:'HAEL & CONNIE k'ELLUM
PROJECT- TYPE: DRIVEWAY PI?RMI'I'__Tl(PF: NW]8
(:'(-)E 4f . I >r ,7ry #
P.CD FROM CPA: APP DATE FR.M C-'.L`A: ()4/19PaI
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HYDRO--_('NF:C'F'' : O/N M I T I C;A'1'TOTT : Y?
MITIGATIONPE: MITT('ATI)1yf_c IZ
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RFCOMMENDATTC)tI (?'i rc1 ?? (>n,.>) : ,, it I:' " T(I?!t (AND llENT/
COMMENTS.:

cr: Reg,-,d ,nr_d Office
C'ent-ra I F ilt-s
DEM ID: 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 ?I
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONM U [`'
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535 W
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY _
Telephone [phone] LWFT1!'
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TOT CORD'S OF EN?...
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT. // /
1. Owners Name: 1? iP /6
2. Owners Address: 0617L-,7l M111)1/rig 1Ce,,1
3. Owners Phone Number (Home 119 7 `/ `/' `/ ,i,r (Work): N/0 263'?? Cam, ? 7
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: hleli 11e1100e'C
Nearest Town or City: C ?n?i r
Specific Location (Include road numbers, landmarks, etc.): e C?
7 i u i? ?/ (7rc ?nG t[C/I G Y Q ?GIUC? 0?*?L/l c'?cL?'?G??G??G C.fC /1??? ? `vim/ (/L?/'LJf/??Cc' 1)0AAg/,
t1Ci r,?..l . C J ,(h•tt'^?? rd. KL `'./ ?f,^ f%G!?`?ixoy ) ?E 'll C?cLG?? CJi! ('/JCL
6. Name of Closest Stream/River: Iwr - Ze-lefolkeAWW Z
7. River Basin:
8. Is this project located in a watershed classed as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO /W
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:
acre
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: /S j Vri?er?? y
Drained:
Flooded:
Excavated:
?.S
Total Impacted: 13 - x,
Description of proposed work (
..S is L 4t, tq 11,76/4 A,,&,

13. Purpose of proposed work: Dry 1?t f ll(` ?/-
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. /t-? L" r'f C - ? ,' c,7!?-L r°%? ?.?t.!(
/zo /V1L?r s:'.... r.-o
15. You are requir contact the U. 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 sp c' s or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [j 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 presenc of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [)?J 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 placeme t of the
l7I1 c_ I if PGLf- /Gt QS 1i? et. S/ P.: ?G!'r ?l+ii /?JJ,/`i70 or- y Vic; naf /?/oit. ,?'.?IC:I Cr/1 J.a )f / ??11>
del' eation line. /yy 6 c J y, f 3
Lx'r e.><uf .liie? ,l?r r4Ct'rQ.1 ll, re i?Ar. ?7v ??u ? G?e7/.'KCI? ?j??/n ;7 e'^>}?i'n/+r ??r'ify
D. If a stormwater management11an ierequired for this project, attach copy. ,'/^
E. What is land use of surrounding property? ,h?21Ae
F. If applicable, what is proposed method of sewage disposal? S',,4 &, i e
/ Z,a - e4llt?
Owner's Signature Date

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DEM ID: J ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): i
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 ENVIRONME m-
AND NATURAL RESOURCES
AND
,
L11 I T
P.O. Boy 29535 0 , I ?
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY 1 9 19W
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE rO .
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONM _A _ _ X _ __ _____
PLEASE PRINT.
1. Owners Name: AIC /i,r
2- Owners Address: `l %Y, ?3. Owners Phone Number (Home kfl`??7`/`i `I s (Work): N/?? 7w3°

4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: t /J I&I16LICYC
Nearest Town or City: rn
Specific Location (Include road numbers, landmarks, etc.): /'/ -, l< A/14 TV C/4-11ii ??4 26'?cY
AV c,X/ C< /?l(.k? rk ?? L'''CcCL?C (??l/i"•.l l?Lfilei?lant /J?? ?5.
/+`b.,-Zrni.. i?, L % -Gr.,tE?l7 ?J2.+?C?>%? ??i'li_ IJeG? ? ?i' (?6f ii<:;/G;
6. Name of Closest Stream/River: , e C'11 Z-
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NOA
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO ?j
If yes, explain. /
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
-/'I/ ,acr,-
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: /S b> ??? ?/ri tL v
Drained:
Flooded:
Excavated:
Total Impacted: /3 x, 0, 0 ?? C? C P S
Description of proposed work

13. Purpose of proposed work: /c i), , %,c/e_ C<<'ss /,> /c.>??? .?- IlLeT Taii>(4?ri,??d-
l4. State reasons why the applicant believes that this activity must be carried out in wetlands. ISO, note measur s
taken to min uijze wetland impacts. .? ;,//r_? 1.c4zl/ f c el A 4? r i-.r?,
15. You are required to ntact the U. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding presence or any Federally listed or proposed for listing endangered or threatened spec' s 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 f' a 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
L
del' eation line. s'te?,C" Af-r 1 ,,,/t S- Jdt /Y /%yv
??%,rPaf/w, ???rs /a • ?: 6 ?? r
t e-?.ut G??es ,??t rcccr,?p,, f/c..??r ??!?r? n? ?/, ?/ GJe?/ /r b?>? ,jn .rPnff'All, ' ??'rfy,
D If a stormwater management?lan ierequired for this project, attach copy. /Voxe-
E. What is land use of surrounding property? &11le oo /lN,'i
F. If applicable, what is proposed method of sewage disposal? S'e,oakc, ?iPAAP
Owner's Signature Date

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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Ca-olina 27604
James B. Hunt, Jr., Governor May 10, 1993 lonathan B. Howc . Secretarv
Michael S. and Connie P. Kellum
P.O. Box 7071
Wilmington, NC 28406
REFERENCE: DEM93-318 Nationwide Permit Application for an Activity Located in
New Hanover
Dear Mr. and Ms. Kellum:
The NC Division of Coastal Management has reviewed the above referenced application for a
Nationwide Permit dated 03/25/93, pursuant to Section 307 of the Coastal Zone Management Act of 1972
as amended. Based upon our review, we have determined that the proposed activity is consistent with
the North Carolina Coastal Management Program provided the following conditions are met.
1. The activity described in the above application qualifies to receive one of the Nationwide Permits
described in 33 CFR Part 330 with the exception of numbers 17, 21, 24, and 34 which were found
inconsistent with the North Carolina Coastal Management Program.
2. A 401 Water Quality Certification is received, where required, from the NC Division of
Environmental Management.
This letter does not relieve you of the responsibility to insure that all other State authorization
and/or permit requirements are met prior to implementation of the project. Please feel free to contact M.
Caroline Bellis or Mr. Steve Benton at [phone] if you have any questions or need further assistance.
Sincerely,
/
I
C-; Z/
Rog (r N. Schecter
cc: Bob Stroud, Division of Coastal Management, Wilmington
John Dorney, NC Division of Environmental Management, Raleigh
Wilmington District Engineer
ATTN: CESAW-CO-E