19990373 Ver 1_Complete File_19990419

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
A' 6 ? •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 10, 1999
New Hanover County
DWQ Project #990373
APPROVAL of 401 Water Quality Certification
Jenhil, Inc.
C/o Wendy Richardson
Honeycutt Engineering
P.O. Box 15036
Wilmington N.C. 28406
Dear Ms. Richardson:
You have our approval, in accordance with the attached conditions, to place fill material in 0.27 acres of wetlands or
waters for the purpose of constructing a commercial development near Hwy 17 and Poter's Neck Road, as you described
in your application dated 13 April, 1999. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3108. This Certification allows you to use Nationwide Permit Number 26
when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge
and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit
expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and send us a new application. If the property is sold, the new owner must be given a copy of
this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland tills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone John Dorney at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Domey
Central Files
Paul Farley; Land Management Group
S' rely,
Stevens
r
990373.Itr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd, Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
MEMORANDUM

TO: John Dorney Regional Contact: J. Steenhuis
Non-Discharge Branch WO Supervisor: Bick Shiver
Date: 5la1a9
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Jenhil Project
Project Number 99 0373
Recvd From APP
Received Date 4/19/99 Recvd By Region 4/29/99
Project Type commercial
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.
Nw 26 F__O YO N F-- 18-87-22 SA F__r30,624
r . 0.47
I- O Y ON Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This office met w/ applicant R COE (Scott McLendon) To reduce the impacts of the project. The
applicant initiallxrequest all wetlands to be impacted. The project has been reduced to 0.27 ac
jmpact by re?g some ?jngs?s, reducing their size and not im ng the front buffer of
this property The applicant will thin out shrubs w/in this front buffer but no wetlands will be filled.
Because this is under 1/3 ac applicant is continuing with his project_
cc: Regional Office
Central Office Page Number 1
Facility Name Jenhil Project
Project Number 99 0373
Comments (continued from page 1):
County New Hanover
Regional Contact:
Date:
J. Steenhuis
5/4/99
cc: Regional Office
Central Office Page Number 2
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John Dorney
Water Quality Planning
Division of Water Quality
NC Dept. of Environment
and Natural Resources
4401 Reedy Creek Road
Raleigh, N.C. 27607
April 13, 1999
PAYMENT
RECEIVED
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Re: Jenhil Project, New Hanover County, N.C.
Dear Mr. Dorney:
I received your letter dated April 8, 1999 regarding the above-
mentioned permit application. Per your instructions, I have
enclosed a check for $200.00. I had received the check previously
but did not include it in the permit package. I am apparently
getting old and forgetful. I apologize for the omission.
Thank you for your assistance in this matter.
Sincerely,
Paul M. Farley
Wetland Scientist
PMF/dm
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
Mr. Paul Farley
Land Management Group, Inc.
PO Box 2522
Wilmington, NC, 28402
Dear Mr. Farley
1, 1 ITk?WAA •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 8, 1999
PAYMENT
RECEIVED
On April 4, 1999 the Division of Water Quality received your request for a 401
Certification for Jenhil Inc., in New Hanover County. Your application is being returned
since no payment was received with the application. In order for DWQ to review and
process your request, you must send a check in the amount of $200.00 made payable to
the N.C. Division of Water Quality.
If you have any questions, please call John Dorney at 919-733-1786.
gio erel
R. Dorney
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
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April 1, 1999
Mr. Scott McLendon
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
Dear Scott:
Enclosed is a NWP 26 application by Jenhil, Inc. which proposes to impact 0.47 acres
of wetlands. The impacts are necessary for tract access, and to complete parking and drive
areas on the tract. The applicant has agreed not to impact the channelized area on the north
end of the property. We have reviewed the delineation which you approved. The tract is
located south of the intersection of Porter's Neck Road and Hwy 17. The tract is probably
listed in your records as the Leith Hellons tract.
Thank you for your assistance in this matter. Please contact me if you have questions.
Sincerely:
Paul M. Farley
Wetland Scientist
cc: John Dorney, DWQ - seven copies r1
Joanne Steenhuis, DWQ - one copy
Jim Gregson, CAMA - one copy
Ms. Renee Gledhill Early, SHPO - one copy
National Marine Fisheries Service - one copy
Mr. Leith Hellons - one copy
Ms. Wendy Richardson, Honeycutt Engineering - one copy
f
r A 41111, D,HH ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 26
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE: PAYMENT
1. NOTIFICATION TO THE CORPS OF ENGINEERS RECEIVED
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. OWNERS NAME: JENHIL, Inc.
2. MAILING ADDRESS: c/o Wendy Richardson, Honeycutt Engineering
P.O. Box 15036 Wilmington, NC 28406
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE): Project is located approximateiy 3500' south of the intersection of Hwy 17 and
Porter's Neck Road in New Hanover Countv, North Carolina
3. TELEPHONE NUMBER (HOME): (WORK): 910-350-0631
4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER:
Land Management Group, Inc.
MAILING ADDRESS: PHYSICAL ADDRESS: TELEPHONE:
P.O. Box 2522 3805 Wrightsville Ave., #14 office [phone]
Wilmington, N.C. 28402 Wilmington, N.C. 28403 fax [phone]
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: New Hanover NEAREST TOWN OR CITY: Wilmington
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
See question #2
6. IMPACTED OR NEAREST STREAM/RIVER: Sweetwater Branch of Page's Creek
RIVER BASIN: Cape Fear
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH
QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR
WS-II)? YES [x ] NO [ ] IF YES, EXPLAIN: Pages Creek is classified as SA waters
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [x ]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL
COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? Resource Protection
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES[] NO [x] IF YES, PROVIDE ACTION ID NUMBER OF PREVIOUS PERMIT AND ADDITIONAL
INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ]
NO[x]
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND 1.0
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:0.53
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.47 EXCAVATION: N/A
FLOODING: N/A OTHER: N/A
DRAINAGE: N/A TOTAL ACRES TO BE IMPACTED: 0.47 acres
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): N/A
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACHED PLANS: 8 Y2" X 11" DRAWINGS ONLY):
To complete small shopping mall
13. PURPOSE OF PROPOSED WORK: to complete a 13,000 sg ft shopping building and associated
parking, stormwater management svstem etc.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Wetland and tract boundaries prohibit building without fill A wetland crossing is needed to obtain access
from Market Street. An 8' vegetated maintained buffer is required between the street and parking area
The applicant has avoided the channelized portion of Sweetwater Branch
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR
NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING
THE PRESENCE OF 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. DATE CONTACTED: Mailed application to NMFS on 4/1/99 no longer mail
applications to U.S. F&WS per their request
16. 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: Mailed application on 4/1/99
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND?
YES [ ] NO [X] (IF NO, GO TO 18)
18. 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? Church residential commercial
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Sanitary sewer
SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
*NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT
(WATER QUALITY) CERTIFICATION, AND,
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION
OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE
NORTH CAROLINA COASTAL MANAGEMENT PROGRAM.
l
OWNER'S/AGENTS SIGNATURE
Paul M. Farley
Wetland Scientist
Land Management Group, Inc.
ul
DATE
(AGENT'S SIGNATURE VALID ONLY IF
AUTHORIZATION LETTER FROM THE OWNER IS
PROVIDED (18g.))
C7.
BAYSHOPE
ESTATES
1

Not to scale
Sweetwater Landing
New Hanover County, NC
Land Management Group
Environmental Consultants
Wilmington, NC
March 1998
NWP 26 Request
Vicinity Map
A
N
1000 2000 4000
SCALE 1" = 2000'
Land Management Group NWP 26 Request
Sweetwater Landing Environmental Consultants U.S.G.S. Topo Map
New Hanover County, NC Wilmington, NC Scotts Hill Quad
March 1999
A
N
660 1320 2640
SCALE 1" = 1320'
Land Management Group NWP 26 Request
Sweetwater Landing Environmental Consultants N.R.C.S. Soil Map
New Hanover County, NC Wilmington, NC
March 1999

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Sweetwater Landing Environmental Consultants NWP 26 Request
New Hanover County, NC Wilmington, NC Overall Site Plan
April 1999
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Land Management Group NWP 26 Request
Sweetwater Landing Environmental Consultants Basic Site Plan with
New Hanover County, NC Wilmington, NC Wetland Boundary
April 1999

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DATA FORM
ROUTINE WETLAND DETERMINATION
11QA7 MI: Wetlands Delineation Manual)
1 of Z
Project/Site: Sweetwater Landing Date: 03/22/99
Applicant/Owner: Leif Hellons County: New Hanover
Investigator: Paul Farley State: North Carolina
Normal Circumstances exist on the site? es o Community Ilwetland
the site significantly disturbed (Atypical Situation)? es Transect ID:
the area a potential Problem Area? Yes o Plot ID:
needed, explain on reverse.)
VEGETATION
Dominant Plant-rPec9s Stratum Indicator Dominant ant Species stratum lnoicator
1. Nyssa syNatica tree FACW 9.
2. Pinus taeda tree FAC 10.
3. Acer rubrum tree FAC 11.
Acer rubrum shrub FAC 12.
5. Gordonia lasianthus Shrub FACW 13.
Woodwardia aerolata Herb OBL 14.
15.
8. 16.
Percent of Dominant Species that are OBL, FACW or FAC
(exclu(uding FAC-) 100%
Remarks:
Meets vegetation criterion
HYDROLOGY

Wetland Hydrology Indicators:
Recorded Data (Describe in Remarks): Primary Indicators
Stream,Lake, or Tide Gauge -Inundated
Aerial Photographs x Saturated in Upper 12 Inches
Other _Water Marks
_
x No Recorded Data Available -Drift Lines
- Sediment Deposits
x Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 inches
Depth of Surface Water. none (in.) _
-Water-Stained Leaves
Local Soil Survey Data
Depth to Free Water in Pit: >12 (in.) x FAC-Neutral Test
x Other (Explain in Remarks)
Depth to Saturated Soil: >12 (in.)
Remarks:
Mucky modifier also present at surface
SOILS
Unit Name
as and Phase): Leon Drainage Class:
Field Observations
nomy (Subgroup): Aedc Haplaquods Confirm Mapped Type? Yes
Profile Description:
Depth
(inches)
0-5
5-15
-15
Matra Color
Horizon (Munsell Moist)
A 10YR 2/1,3/1
E 10YR 7/1
Mott le
Abundance/Contrast
Hydric Soil Indicators:
_ Histosol
Histic Epipedon
Suifidic Odor
Aquic Moisture Regime
Reducing Conditions
x Gleyed or Low-Chroma Colors
emarks: Wet phase Leon soil
Pa No

Texture, Concretions,
Concretions
x High Organic Content in Surface Layer in Sandy Soils
Organic Streaking in Sandy Soils
x Listed on Local Hydric Soils List
x Listed on National Hydric Soils List
Other (Explain in Remarks)
(Circle)
Hydrophytic Vegetation Present? No (Circle)
Wetiand Hydrology Present? No
Hydric Soils Present? Ye No Is this Sampling Point Within a Wetland? Yes No
,marks: Wetlands flagged with pink and black striped ribbons and approved by Scott McLendon of the Corps of
Engineers
Latitude 34 deg. 18' 11
Longitude 77 deg. 47'47"
Applicant/owner; Land Management Group, Inc.
Mr. Leith Hellons Post Office Box 2522
1018 W. 6th Street Wilmington N.C. 28402
Wilmington, NC 28401 910.452-0001