20001510 Ver 1_COMPLETE FILE_20000125

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
1 •
A;JA
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 1, 2001
DWQ Project # 001510
New Hanover County
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Mr. Jon T Vincent
JTV Financial Management, LLC
5315 S College Road
Wilmington, NC 28412
Dear Mr. Vincent:
The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.48 acres of
wetlands located at SR 2127 in New Hanover County for commercial development as described in your application
dated November 27, 2000 (received December 5, 2000). Insufficient evidence is present in our files to conclude that
your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore,
unless modifications of the proposal are made as described below, we will have to move toward denial of your 401
Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive
this additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your
project on administrative hold.
Please provide us with information supporting your position that states 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 delete the wet ponds, replace them with smaller dry ponds and discharge the treated stormwater into the
remaining wetlands on-site? 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. Also this project will require
compensatory mitigation as described in 15A NCAC 2H.0506(h).
Please respond within three weeks of the date of this letter by sending a copy of this information to me and to
Joanne Steenhuis at the Wilmington Regional Office at [phone]. If we do not hear from you in three weeks, we
will assume that you no longer want to pursue this project and we will consider the project as withdrawn. I can be
reached at 919-733-9646 if you have any questions.
Cc:
Wilmington DWQ Regional Office
Wilmington Field Office Corps of Engineers
Central Files
File Copy
Todd St. John
Steve Kroeger
William Burnett; Coastal Environmental Services Co.

Wetlands/401 Unit • 1621 Mail Service Center • Raleigh, North Carolina 27669-1621
Telephone [phone] • FAX # [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/10% post consumer paper
Market Strcet Business Center
Subject: Market Street Business Center
Date: Wed, 17 Jan 2001 08:01:14 -0500
From: "Todd St. John" <[e-mail]>
Organization: DWQ Wetlands Unit
To: "joanne.steenhuis" <[e-mail]>,
"john.dorney" <[e-mail]>
Market Street Business Center
DWQ# 001510, New Hanover Co.
(speaking of yesterday) John wanted me to ask you, in regards to the
abovice project, "How about deleting the wet ponds and put stormwater
into on-site wetlands?" I assume a forebay or dyr detention would be
required as treatment prior to the discharge into the wetlands...
thanks!
Todd St. John, P.E.
Environmental Engineer II
DWQ
Wetlands Unit
, ff, k //?- ?/-,
JG

I of I 1/22/01 11:53 AM
MEMORANDUM
TO: John Dorney Regional Contact: J. Steenhuis
Non-Discharge Branch WO Supervisor: Rick Shiver
Date: 1/5.12001
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Market Street Business Center c/o Jon T. Vincent
Project Number 00 1510
Recvd From APP
Received Date 12/5/00 Recvd By Region
Project Type commercial fill
County New Hanover
County2
Region Wilmington
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
C S W 30,617. 6.48F
39 OTH O Y O N 7- 18-14-63- I F -
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: O issue O Issue/fond &Wy
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
This office feels there has been no ayoirianca nr mization of the wetlands for this eject site. In
arirlition the location of the stream w'11 he necessary on the site plans to adequately review such a
project The applicant needs to discuss avoidance and minimization of the wetlands,
cc: Regional Office
Central Office Page Number 1
State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Donna Moffitt, Director
John T. Vincent
National Auto Properties, LLC
5315 South College Road
Wilmington, NC 28412
A.-% 00-ftft MONCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
"n?I1
December 18, 2000
RE: Market Street Business Center
Pre Construction Notification Application
Activity Located in New Hanover County, NC
Dear Mr. Vincent:
The North Carolina Division of Coastal Management has reviewed the above-referenced Pre-Construction
Notification Application for a Nationwide Permit dated 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 not inconsistent with
the North Carolina Coastal Management Program provided the following conditions are met:
The activity described in the above-referenced 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 North Carolina Division of Water Quality.
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 me at [phone] If you
have any questions or need further assistance.
Sincere?ly,?
C. Robert Stroud, Jr.
District Manager
cc: Charles Jones
Caroline Bellis (Consistency Coordinator)
ton District Corps of Engineers)
=,?A?rion?' 1iVir Rul1 £?
William Burnett, Agent
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper
COASTAL ENVIRONMENTAL SERVICES CO.
ENVIROW ENTAL CONSULTING
?'f { J 2WU 7151 Nark;t Street Wilmington, NC 28411
Office [phone] Paxt686-0042 E-mailiCescovsb?aol.com
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WL 4L.ItW G
WPT. s. ?. , Sr?s ?..
Ms. Angie Pennock November 27, 2000
Biologist PAYMENT
Regulatory Division
US ARMY CORPS OF ENGINEERS RECEIVED
69 Darlington Avenue
Wilmington, NC 28403 r
RE: PRE-CONSTRUCTION NOTIFICATION APPLICATION "-?
Market Street Business Center
6005-6011 Market Street
Wilmington, New Hanover County, NC
Dear Ms. Pennock:
41
Enclosed is an original and one (1) copy of the subject application (with attachments) for a Nationwide Permit for a
stormwater management and control project that will impact a portion of jurisdictional 404 wetlands on the subject
property.
We have by copy of this letter also sent seven (7) copies of this same application package with attachments to Mr.
John Dorsey with the NC Division of Environmental Management in Raleigh, NC.
The site is owned by JTV Financial Management, LLC, 5315 South College Road, Wilmington, NC 28412. Mr.
Jon T. Vincent is the contact person for the property owners and the individual that has signed the application.
The wetlands on the property have been delineated. The delineation has been approved by the US Army Corps of
Engineers based on your check of the delineation in the field. A copy of the Notification of Jurisdictional
Determination is attached to the application.
The proposed project consists of the following elements that will impact wetlands:
1. The construction of two (2) stormwater retention ponds, each with a surface area of 4,781.25 square feet.
2. The construction of three (3) piped outlets with terminal flow dispersion structures (rip-rap) in the branch of
Smith Creek that traverses the property.
Figure 1 attached shows the location of the subject site on the Scotts Hill, NC 7.5 Minute Topographic Quadrangle.
Figure 2 shows the proposed project site plan with the delineated wetlands, proposed stormwater retention ponds
and existing pertinent site features. By necessity, this figure is 11" x17' in order to show all of these elements at a
reasonable scale.
There are 0.84 acre of delineated wetlands on this property of which 0.48 acre (57%) will be impacted by the
proposed project. However, the wetlands that will be disturbed have been manipulated in the recent past by the acts
of man and are by no means "virginal" or especially valuable from an ecological standpoint. The area where Pond
1 will be located consists mainly of a mound of fill material that was placed there in the past (NOTE: This fill may
be spoil removed from an existing retention pond). The area where Pond 2 will be located consists of a somewhat
haphazardly constructed stormwater retention pond that was evidently a part of a previous aborted site
development project. This unmaintained pond has since reverted to wetlands.
S(TE REMEDIA110N • PERMITS' WETLAW)s DFI iNFATInNS • FAMIZ DDCDADA-nnu
Ms. Angie Pennock, US ARMY CORPS OF ENGINEERS
November 27, 2000, Page 2.
There will be insignificant impacts to the streambed once the project is completed. The only disturbance will be the
placement of rip-rap associated with the terminus of the outlet pipes from the stormwater retention ponds. Such
structures are required as a part of the stormwater management plan for the site. Siltation and erosion during
construction will be controlled by standard techniques.
The remaining 0.36 acre of wetlands on this property will remain intact and undisturbed. This portion of the
wetlands has not been disturbed in the past, contains native vegetation (including some valuable wetlands plant
species) and so will continue to provide natural functions unharmed, including that of adsorption and attenuation of
stormwater flows both from this site and other upstream sources.
An integral part of the overall site development will be the enlargement of a culvert under Judges Road. During
Hurricane Floyd, an existing (and severely undersized) storm drain carrying the upstream flows of the branch of
Smith Creek traversing the property collapsed trapping floodwaters on the subject site and flooding private homes
along Judges Road.
Thus, the total project will improve stormwater management in the entire area of the site and will contribute to the
health and safety of area residents, as well as, enhancing the environment.
Issuance of a Nationwide Permit for this work is respectfully requested.
Please contact the undersigned or my associate, Mr. H. E. "Gene" Clifton, Jr., Environmental Specialist, if you have
any questions concerning this submittal.
Thank you.
Sincerely,
COASTAL ENVIRONMENTAL SERVICES C Y
William E. Burnett
?J
Senior Environmental Scientist
Cc: Mr. Jon T. Vincent
JTV Financial Management, LLC
Mr. Phil Tripp, PE
Tripp Engineering
DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE
OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE
SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET).
PLEASE PRINT. ?1 11
1. OWNERS NAME :
2. MAILING ADDRESS: = T=Cl (M?? ?Trl ? I._?
-63 SU IVISION NAME: IJ
CITY: L STATE: ZIP CODE:
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT T? FROM
MAILING ADDRESS ABOVE) : 1Y? bc?'1- btAS1tq?---S . cr--'
6W;-(004 ?T S T? 1Ju lt_ ?A11aC9`t? ? N c"
3.
4.
5.
TELEPHONE NUMBER (HOME): (WORK):
IF APPLICABLE: AGENT'S NAME OR RE PONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER: tU(L1,1W?. 3Z!- T D Z- 1. '?JV?? .(D1I N- ?.
S1?Y?c m;.l?(sl. 11`??-F?r S't'-r , (?,?t1?1?.tttC,l-o?l NC. a8q- I
LOCATION OF WORK (PROVIDE A MAP, PREft-RABLY A COPY OF
AERIAL PHOTOG PHY WITH SCALE):
COUNTY: 'I10')) ?1oV lay-t NEAREST TOWN OR CITY

SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.)
&bo5-- (0o 11 Str4*'-r A-r ,off
CAI*,,, : NoRT14, 37173570 -t- a -3 71 l g
k1ylz a(a7)?
6. IMPACTED OR NEAREST STREAM/RIVER: S?Rq jG- VRA-MC' «
RIVER BASIN: C " pt?j
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
? Pk6V,-- k-3
(WS-I OR WS-II) ? YES [ ] NO [X ] IF YES, EXPLAIN:
7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
ARE OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [A
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 77 FOR LIST OF COASTAL
COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION: 1) 01'XE:?.Q
,5; rtr-- 1 !:-;;, zd?? TZV3/--:t?- l
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES [ ] NO [ x] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY
ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION) :
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ ] NO [y] IF YES, DESCRIBE ANTICIPATED WORK:
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: I116
9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: Q•
10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING: OTHER: ((,, Q
?st.wa
DRAINAGE: TOTAL ACRES TO BE IMPACTED: y qy (?(Trof-L tc?4-?)
10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE
DISTANCE BOTH BEFORE AND AFTER RELOCATION): C NO R? ?.oGJ??7Dh? 1
LENGTH BEFORE: FT AFTER: FT /
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
--? W'C4--- 2'?
p?8 1-ft
AVERAGE DEPTH BEFORE: FT AFTER: FT U LNy/
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL ELEVATION: CONSTRUCTION OF A DAM/FLOODING: \
OTHER: ? (PLAc.e4-1,?-t of 3 S't"OR.?(?5 ?l?l-FZSIOPI 571u1?TU5 1
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING
TO THE POND? 4. (p AGR?j 6 2 FOV 4M OF
WHAT IS THE EXPECTED POND SURFACE AREA? ?J?(pp1-tJr S? ?T uO?l- slZ?l
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT J
TO BE USED (ATTACH PLANS: 8'-?" x 11" DRAWINGS ONLY) : QROPC7S (??Ri?
1CLCAI S '?'{-? ?.OI?IS'ti?UL?Tb1?l or- Two z S'taRtN?tJtai?-?_y? 'I?NTR7l?
Po1,l ps ?-?-75 (• ZS 9?/ c ?> F34 ?XG fa U ?- t o1.1 4 PILL- to Sk tq 6--A
f3 Arc (-4 or-- Pr4.D =4571 ;lrAa offs a;-- 3 Ourt-LaF-:Zrt-S w (-r4 -t=LO u1
- T)lSmpzstou sL?u'? uftls5 RIQ- RAP) (w
XISTIrI ?- U. ?/
'DRA-? P,C D t TG 4 ? sy-b w til Oti

13. PURPOSE OF PROPOSED WORK: J CCU'--
CodC_=0F S t1'? P15R L a GPrL
&AAA- A-roal!? P-V=- 601 -r5
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLt?DE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): 7??N?11At _
POWDS W?tc,?4 oc,4 t-14 ? I II L, 06t1hr-a0*45?. - j -j- {{ U i lk
POWiD WltL-7 A-tlr D I tia A? ---P- W 4=? cPI Ltt?
Tb ??t-? t,d?C*-l Oa` 553.5't port i> 2 U tc.L t3? G OCA,--M---
1 N ?_ A- 'TI-}?T IBS N- ?c S?-t cwt 6- p 14
PO+D Pr'-Loc67,j
p? Po%lkV TO OrTH o st?? U>?-t?
s l-t C4?1 ' ou-t-- ON-tA-t>
- -?'bRoc.cSG
15. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION 'OFFICER (SHPO) (SEE
AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE
PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: Il ; d Q
16. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC

ec
'-? ppt&'v-- 3?
(STATE) LAND? YES [ ] NO [x] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT
PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT?
YES [ ] NO [ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT
OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] NO [ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE
NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS.
CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF
ADMINISTRATION, 1302 Marl Service Center, RALEIGH, NORTH CAROLINA 27699-1302,
TELEPHONE [phone].
17. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY
INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE
PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL
STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP.
MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR
EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT
TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? C 0043\-?GCt?,l-gk)
f r-e
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?

9. SIGNED AND DATED BY AGENT AUTHORIZATION LETTER, IF APPLICABLE.

NOTE: WETLANDS OR WATERS OF THE U. S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, AND
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT
(WATER',QUALITY) CERTIFICATION.
DATE
(AG T"S SIGNATURE VALID ONLY
A THORIZATION LETTER FROM
T WNER IS PROVIDED (18G.))
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".c US GEOLOGICAL SURVEY TOPOGRAPHIC MAP
(SCOTTS HILL & WRIGHTSVII.LE BEACH 7.5 MINUTE QUADRANGLES)
QUADRANGLE LOCATION ? a 2000' APPROVED BY: DRAWN BY WEB
SCOTTS HILL, N. C. °C1"' 1
SE/4 ROCKY POINT 15' QUADRANGLE DATE: 11-27-00 RCVISED
N3415-W7745/7.5
PRECONSTRCTION NOTIFICATION APPLICATION
1970 MARKET STREET BUSINESS CENTER, WILMINGTON, NC
AMS 5452 IV SE-SERIES V842 DRAWING NUMBER
COASTAL ENVIRONMENTAL SERVICES CO.
ENVIRONMENTAL CONSULTING WILMINGTON, NORTH CAROLINA FIGURE 1
' LEGEND
- - - -32- - - - EXISTING CONTOUR W WETLANDS
zs.ct EXISTING SPOT ELEVATION
PROPOSED SPOT ELEVATION
® DROP INLET W/INLET PROTECTION
STORMWATER RUNOFF DIRECTION
(175) LANDSCAPING w/AREA
LIMITS OF DISTURBANCE
! EXISTING TREES TO BE REMOVED
VICINITY NAP n/1F I I I n/f F TEMPORARY SILT FENCE
Mrs M D HMww 1 t M D Nowlen t gg
? I ? 1
D.d. ?rP aei K-MOVO cm of WILUNG6 D.4 teefw 0M xs3 E ttr ?Es. W. 3"
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ENVIRONMENTAL CONSULTING WILMINGTON. NORTH CAROLINA
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U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id.: 200001640 County: New Hanover Quad: SCOTTS HILL
Notification of Jurisdictional Determination
Property owner: JTV Financial Management, LLC Authorized Agent: Coastal Environmental Services Co.
Address: Attn: John T. Vincent Attn: H. E. Clifton
5315 South College Road 7151 Market Street
Wihnington, NC 28412 Wilmington, NC 28411
Telephone Number: [phone]
Zone: 18 UTM: North: 3793870 East: 237118
Size and Location of Property(waterbody, Highway name/number, town, etc.): 11.55 acres north of Hwy 17 (Market Street),
NE of Judges Road, adjacent to and crossing Spring Branch in Wilmington, New Hanover County, North Carolina.
Basis for Determination: The site described above is a wetland (see attached wetland data sheets) that is part of a broad
continuum of wetlands associated with Spring Branch, a tributary of Smith Creek, a tributary of the Cape Fear River.
Indicate Which of the following apply:
There afe wetlands on the above deseribed property m4iieh wastrengly suggest should be- delimealted and sun,eyed. The
sui-veyed wedand lines must be N,er-ifted by our- staff -Aril! wake a final jurisdiotional deteffriinatien e
your- pr-epeFty.
Beeause Of the GiZe Of YOUF PFOP&T-Y and ouf- present wer4dead, our- idenfifleation and delineation of your-wetlands eafmo
,
wetlands. Onee your- eensultant has flagged a wetland line en the property, Corps staff -Mll review it, and, if it is we stFengly r-eeenunend that you have the line sun,eyed f0F final appreval by the Corps. The Corps will not make a final
• The wetlands on your lot have been delineated, and the limits of Corps jurisdiction have been explained to you.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
Them aFe no wetlands present on the above desr.Fibed propeFty wMeh are s*eet to the peffiRit Fequir-ements of Section
404 of the Clean Water Art (33 USC; 1344). Urtless there is a ehange in the law oF eur- published regulatiens, this
detemia fien nmy be relied upon for a per-ied not to exeeed thEee yeaFs from the date of this fletifie
The pFejeet is leeated in one of the 20 Coastal Geunties. You should en-n-t-not the nearest State Office of Geasta
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit
is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required
for work on the property restricted entirely to existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at [phone].
Property owner/Authorized Agent Signature P j t an er gnature
Date 30 October 2000 Expiration Date 30 October 20005
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
Applicant: JTV Financial Management, LLC File Number: 200001640 Date: 10.30.00
Attached is: See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter of permission) A
PROFFERED PERMIT Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E

s e ul?t
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section IT of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section IT of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section IT of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
M . C) 3
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
.u r 3??(.
? Vir V, •i .. +. ,:. ...,,. - " I 81yy0+`' TIO!:l i * __ '11Nh_..
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If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
Ms. Angie Pennock
United States Army Corps of Engineers or [phone]
Wilmington District, Regulatory Division
69 Darlington Avenue
Wilmington, NC 28402-1890
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: 11 55 acres-Market Street Business Center
Applicant / Owner: Mr. Jon T. Vincent. Wilmington. NC
Investigator: William E Burnett. CESCO Wilmington. NC County: NewHan
State: NC

Do normal circumstances exist on the site? Yes X No
Is the site significantly disturbed (Atypical situation)? Yes X No
Is the area a potential problem area? Yes X No
(see explanation below under remarks) Community ID:
Transect ID:
Plot ID:
VEGETATION
Dominant Plant Species std Indicator Dominant Plant Soecles Stratum nl dlcator
1. Taxodium distichum TIS OBL 9.
2. Acer Rubrum L. T/S FAC 10.
3. Platamus occidentalis T/S FACW 11.
4. Toxicodendron vernix Shr OBL 12.
5. Woodwardia areolata Emer FACW 13.
6. Smilax rddentijolia Herb FAC 14.
7. Taxicodendron radicans Vine FAC 15.
8.__ Scirpus cyperinus Emer FACW 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 91%
Remarks: Wetland Vegetation Present Based Upon Greater than 50% of the Plant Species are Classifi
ass
=
FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot was taken in wood
j
immediately ad
acent to Spring Branch of Smith Creek.
HYDROLOGY
Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
- Stream, Lake, or Tide Gauge
- Aerial Photographs Primary Indicators:
Other - Inundated
X Saturated In Upper 12"
X No Recorded Data Available X Water Marks
- Drift Lines
Field Observations: Sediment Deposits
X Drainage Patterns in Wetlands
Depth of Surface Water: N/A (in.)
Secondary Indicators:
Depth to Free Water in Pit: 0-9 (in.) x Oxidized Roots Channels in Upper 12"
- Water-Stained Leaves
Depth to Saturated Soil: 0_9
(in
) x Local Soil Survey Data
. FAC-Neutral Test
Other (Explain in Remarks)
Remarks: Wetland Hydrology Present Based Upon the Presence of 3 Primary and 2 Secondary Hydrology
Indicators. Delineated segment of site is flooded by Spring Branch early in growing season and during Hurricane
conditions in part due to a flow restriction (collapsed storm drain) under Judges Road
SOILS
Map Unit Name
(Series and Phase): Murville (Mu) Drainage Class: Poorly Drained
Taxonomy (Subgroup): 2) is Haplaquo ds Confirm Mapped Type? YesX No
Profile Description:
Depth Matrix Colors
finches) Horizon (Munsell Moist) Mottle Colors Mottle Texture, Concretions,
(Munsell M
i
t)
o
s
AbundancelContrast Structure, etc.
0-2 01 Not determined N/A N/A decayed vegetation
2-8 Al N 2/0 N/A N/A fine sand
8-45 B2h 10 YR 2/1 N/A N/A fine sandy loam
Hydric Soil Indicators:
- Histosol _ Concretions
_ Histic Epipedon X High Organic Content in Surface Layer in Sandy Soil
x Suifidic Odor Organic Streaking in Sandy Soils
_ Aquic Moisture Regime _X Listed On Local Hydric Soils List
x Reducing Conditions X Listed on National Hydric Soils List
_Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks: Hydric Soils present in wetlands area. Majority of soil grains are coated in 8" to 12" BLS.
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes X No Is the Sampling Point
Wetland Hydrology Present? Yes X No Within a Wetland? Yes X No
Hydric Soils Present? Yes X No
Remarks: Delineated wetland area is subject to flooding during severe rainfall events (hurricanes, etc.) due in
part to a flow restriction (collapsed storm drain) under Judges Road.
Site has been previously disturbed. A portion of the delineated wetland is a man-made stormwater retention pond
that has reverted to a wetland with open water.
Lynchburg series
NEW HANOVER, NORTH CAROLINA
The Lynchburg series consists of somewhat poorly
drained, moderately permeable, nearly level soils on
smooth flats of uplands. Slopes are 0 to 2 percent
Typical pedon of Lynchburg fine sandy loam 1 mile
south of Wrightsboro along State Road 1318, on west
bank of road opposite State Road 1386 junction:
Ap-0 to 6 inches, grayish brown (10YR 5/2) fine sandy loam; weak
medium granular structure; very friable; few fine roots; medium
acid; abrupt smooth boundary.
13211-6 to 12 inches, very pale brown (10YR 7/4) sandy clay loam; weak
fine subangular blocky structure; very friable; medium acid; gradual
wavy boundary.
B22tg-12 to 20 inches, brownish yellow (10YR 6/6) sandy clay loam;
many medium faint light gray (10YR 7/1) and reddish yellow
(7.5YR 7/8) mottles; weak medium subangular blocky structure; thin
patchy clay films on faces of peds; strongly acid; gradual wavy
boundary.
B23tg-20 to 30 inches, brownish yellow (10YR 6/8), light gray (10YR
7/2), and yellowish red (5YR 5/8) sandy c.• v [ram; -moderate medi-
wn subangular blocky structure; friable; patchy clay films on faces
of peds; strongly acid; gradual wavy boundary.
B24tg-30 to 40 inches, gray (N 5/6), brownish yellow (10YR 6/8), and
reddish yellow (7.5YR 7/8) clay loam; moderate medium subangular
blocky structure; friable, sticky when wet; continuous clay films on
faces of peds; root channels filled with dark gray silt, clay, and very
fine sand; strongly acid; gradual wavy boundary.
II133-40 to 64 inches, light gray (N 7/0) and yellow (10YR 7/8) clay
loam; weak thin platy structure; very fine sand coatings between
platy layers; plastic when wet, hard and brittle when dry; very
strongly acid.
The Ap or Al horizon is dark gray, dark grayish brown, or grayish
brown sandy loam, fine sandy loam, or loamy fine sand. The 1321t and
B22tg horizons are very pale brown, light yellowish brown, and
brownish yellow, and the 1323tg and I324tg horizons are light gray, gray,
grayish brown, brownish yellow, reddish yellow, or yellowish red. The
132t horizon is chiefly sandy clay loam or clay loam. The C horizon, if
present, is gray or light gray fine sandy loam, loamy sand, clay, or silty
clay stratified with sandy material.
The upper part of the B horizon has high chroma colors to a slightly
greater depth than is defined as within the range for the series. This
difference, however, does not significantly alter usefulness or behavior.
Lynn Haven series
The Lynn Haven series consists of poorly drained,
moderately permeable and moderately rapidly permeable,
nearly level soils in flat or depressionai areas of uplands.
Slopes are less than 2 percent.
Typical pedon of Lynn Haven fine sand on west side of
North Carolina Highway 132, 1.06 miles north of junction
with U.S. Highway 421, at northeast corner of church
property:
AI-0 to 18 inches, black (10YR 2/1) fine sand; weak medium granular
structure; very friable; many fine roots; organic material gives
p loamy sand appearance; extremely acid; gradual wavy boundary.
A2-18 to 24 inches, gray (10YR 6/1) fine sand; single grained; loose;
few fine roots; extremely acid; gradual wavy boundary.
1321h-24 to 31 inches, black (5YR 2/1) sand; massive; friable, weakly ce-
mented; some streaks and pockets of A2 material, apparently in old
root channels; very strongly acid; gradual wavy boundary.
112211-31 to 50 inches, black (5YR 2/1) and dark brown (10YR 4/3) sand;
massive; friable, loose to weakly cemented; very strongly acid;
gradual wavy boundary.
27
623h-50 to 58 inches, dark brown (10YR 4/3) and brown (10YR 5/3)
sand; single grained; loose; very strongly acid; gradual wavy boun-
dary.
C1-58 to 64 inches, pale brown (10YR 6/3) sand; single grained; loose;
very strongly acid; gradual wavy boundary.
C2-64 to 75 inches, interbedded light brownish gray (10YR 6/2) sandy
loam and dark greenish gray (5GY 4/1) sandy clay; strongly acid.
The Al horizon is very dark gray or black sand, loamy fine sand, or
fine sand. The A2 horizon is gray, light gray, or white sand or fine sand.
The I3h horizon is black, dark reddish brown, dark brown, or brown sand
or fine sand. The C horizon is pale brown, light brownish gray, dark
greenish gray, gray, or light gray sand, fine sand, sandy loam, or sandy
clay.
Murville series
The Murville series consists of very poorly drained,
moderately rapidly permeable, nearly level soils on flats
or in slight depressions on uplands. Slopes are 0 to 2 per-
cent.
Typical pedon of Murville fine sand about 0.5 mile
north of junction of U.S. Highway 421 and North Carolina
Highway 132 along North Carolina Highway 132 and east
1,600 feet in wooded area along canal:
01-0 to 2 inches, partially decayed leaves, moss, and twigs.
A1-0 to 8 inches, black (N 2/0) fine sand; weak fine granular structure;
soft, very friable; many roots; many clean quartz grains; loamy feel
and appearance results from organic matter content; very strongly
acid; clear wavy boundary.
B2h-8 to 45 inches, black (10YR 2/1) fine sand; massive; soft, very fria-
ble; few roots in upper part, sand grains mostly have dark films or
coatings; few clean quartz grains; loamy feel and appearance results
from organic matter content; very strongly acid; gradual wavy
boundary.
C1-45 to 56 inches, pale brown (10YR 6/3) fine sand; single grained;
loose; streaks of light gray (10YR 7/1); few old root channels; very
strongly acid; clear wavy boundary.
IIC2-56 to 60 inches, pale brown (10YR 6/3) sandy clay loam and sandy
loam; streaks and splotches of light gray (10YR 7/1); massive; fria-
ble; strongly acid; clear wavy boundary.
IIIC3-60 to 70 inches, pale brown (10YR 6/3) fine sand; single grained;
loose; strongly acid.
The 01 horizon is absent in some areas or blends into the mass of
roots in the upper few inches of the Al horizon. The Al horizon has a
loamy feel because of the organic matter content. It is sand or fine sand.
The Al horizon is black and has few to many clean quartz grains. It
rests on a Bh horizon or has an intermittent A2 horizon a few centime-
ters thick in places. Transitional horizons (63h) are in pedons that have
a thinner 132h horizon. The Bh horizon is black or very dark gray. The
sand grains are mostly coated with an organic film, but in some pedons
this horizon has very thin discontinuous lamellae of clean quartz grains.
The C horizon is light gray, gray, light brownish gray, grayish brown,
pale brown, and very pale brown. The C horizon is dominantly fine sand,
but lenses and layers of loamy textured material occur in places below a
depth of 50 inches.
Newhan series
The Newhan series consists of excessively drained,
very rapidly permeable, gently sloping soils on dunes, on
beaches, and along waterways near the Atlantic Ocean.
Slopes are 2 to 6 percent.
Typical pedon of Newhan fine sand at north end of.
Carolina Beach about 0.4 mile north of fishing pier and
0.2 mile west of surf in area of beach dunes: