19961034 Ver 1_COMPLETE FILE_19961101

State of North Carolina
Department of Environment, LT"TWA
Health and Natural Resources &14 • •
Division of Water Quality
J Governor
Jonathan B. . Howes, Secretary ? F= N F11
A. Preston Howard, Jr., P.E., Director
Nvoember 14, 1996
Cumberland County
DWQ Project # 961034
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. David Benzaquen
235 Old Street
Suite 302
Fayetteville, NC 28301
Dear Mr. Benzaquen:
You have our approval to place fill material in 0.01 acres of wetlands or waters for the purpose of
constructing a home at Lot 4, "The Cove" subdivision in Hope Mills, as you described in your application
dated 29 October 1996. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 2733. This certification allows you to use Nationwide Permit Number
18 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below. A deed restriction or conservation easement shall be added to
remaining wetlands on this lot to prevent future fill. 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.
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. 276 1 1-7447. 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.
pnel,
y,n Howard, Jr. P. V
v
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DWQ Regional Office
?n 17orney
V+
entral )riles
Paul Farley; Land Management Group
961034.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper
$40MA, inc.
wonud&n&
Ad t7//&e Ax 2522
Vdminylonl? , AotA Vatdw 28402
Jrcl- 910452-0001
jZ04 t 9?. . !
SPa+? 5F" S?I?
? .,urn
October 29 1996
I (}
ISSUED
r,.
RECEIVED
Nov 011996
1140Q% v , !,q SC/FNCFS
.guile 94
7/otaR.e.Y A.A r p, 9'.h
,780.5 VI14 yl .
Wd t nt , M 28403
Mr. John Domey
Water Quality Planning
Div. of Environmental Management
44401 Reedy Creek Road
Raleigh NC, 27607
Dear John:
Enclosed you find a Nationwide 18 permit application by Mr. David Benzaquen proposing to fill
110.01 acres of wetlands on Lot 4, in "The Cove" Subdivision in Hope Mills, NC. Fill is
necessary for the completion of a housepad. Tract boundaries, utility easments, subdivision
setbacks and minimum size requirements make total wetland avoidance impossible. The
building footprint has been designed to minimize wetland impacts as much as possible.
Thank you for your assistance in this matter. If you have further questions, please feel free to
contact myself or Craig Turner.
Sincerely,
62-0
Paul M. Farley
Wetland Scientist
Enclosure: 7 copies of application
cc: Scott McLendon, C.O.E.
Kim Tripp, U.S. Fish and Wildlife
Renee Gledhill-Early, S.H.P.O.
Mr. David Benzaquen
?? 9 04 6 0 ISSUED
DEM ID' CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): M1
PRE-CONSTRUCTION NOTIFICATION APPLICATION` 0 1996
FOR NATIONWIDE PERMITS THAT REQUIRE:
WFTLANVS GRf'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. OWNERS NAME: Mr. David Benzaguen
2. MAILING ADDRESS: 235 Old Street, Ste. 302
Fayetteville, NC 28301
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE): _Lot is located on the east side of Hoe Mills Lake in "The Cove" Subdivision
3. TELEPHONE NUMBER (HOME): (WORK):_1-800-666-4282
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Paul Farlev or Craig Turner . c/o Land Management Group, P.O. Box 2522,
Wilmington NC. 28402
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Cumberland NEAREST TOWN OR CITY: Hope Mills
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Lot is Lot #4 in the Cove Subdivision, on the east side of Hope Mills Lake in Hope Mills, NC
6. IMPACTED OR NEAREST STREAM/RIVER: Rockfish Creek
RIVER BASIN: Cape Fear River
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HOW, OUTSTANDING RESOURCE WATERS (OR", WATER SUPPLY
(WS-I OR WS-11)? YES a NO [x] IF YES, EXPLAIN:
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? N/A
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] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF Land 0.33 acres
9b. ATED TOMQI NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
es e-
1 0a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.01 EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.01
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): N/A
LENGTH BEFORE: FT. AFTER: FT.
WIDTH BEFORE (based on normal high water contours): FT.
AVERAGE DEPTH BEFORE: FT. AFTER: FT.
(2) STREAM CHANNEL IMPACT WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM FLOODING:
OTHER:
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 1/2" X 11" DRAWINGS ONLY):
Site will be filled in order to provide space for a housepad completion. Construction will be completed
usin acceptable engineering standards
13. PURPOSE OF PROPOSED WORK: _To provide space for the completion of a housepad
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Plotted lot boundaries, utility easements and subdivision setbacks prohibit home construction without fill
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 10/30/96 (ATTACH RESPONSES FROM THESE AGENCIES.)
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 10/30/96
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)
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, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA
27603-8003, TELEPHONE [phone].
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?
residential
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
sanitary sewer system
g. 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.
DATE
(AGENT'S SIGNATURE VALID
ONLY IF AUTHORIZATION LETTER
FROM THE OWNER IS PROVIDED
(18g•))
v aul lrl. I al ivy
Wetland Scientist
Land Management Group, Inc.

The Cove Subdivision I LAND MANAGEMENT
Cumberland County, NC. GROUP, INC
SCALE 1:150,000
NWP 18 Request
Vicinity Map
October 9, 1996

oo"
f
K%, ;
.•\ ?r - /,rye ? 1 .. ?. + \?

Hurt 17141-13 1,
fit
:Substa %
.1
_
LII i a? .: 9
}
The Cove Subdivision I LAND MANAGEMENT
Cumberland County, NC. GROUP, INC
October 9, 1996
SCALE 1" = 2000'
NWP 18 Request
U.S.G.S. Topo Map
Hope Mills Quad

The Cove Subdivision I LAND MANAGEMENT
Cumberland County, NC. GROUP, INC
SCALE 1" = 2000'
NWP 18 Request
S.C.S. Soils Map
October 9, 1996

LEGEND
Scale: 1 "=30'
Lot boundary
Utility easement boundary
........... Wetland boundary
- Setback boundary
Lot4 LAND MANAGEMENT
The Cove Subdivision GROUP, INC
Cumberland County, NC
Site Plan
October 29, 1996
WETLAND DETERMINATION FORM
COORDINATOR:?"1,?h1z•- TIME: DATE: ll COUNTY: C` ?j?
NEAREST TOWN: Hcc?z_ r1-.\\" WATERWAY: N?nz x\;115 L .?c, i? :_\ F,sr. C?zck
QUAD: tlcce r1,11?- LOCATION: L 5_?LL
PROPERTY OWNER: (NAME/ADDRESS) 1PARTY DOING WORK: (NAME/ADDRESS)
PHONE: PHONE:
OTHER INDIVIDUALS PRESENT: I? « \--\ ?-
IS PROPERTY UNIFORM OR SEPARATE DISCRETE VEGETATIVE UNITS
VEGETATION: (IN ORDER OF DOMINANCE,
TREES: SPECIES—` COVER-- INDICATOR
77T."' . ?,
2. C pc cti:
3.
4. P?
5. A r?? t; h, k cz I?
SAPLINGS/SHRUBS:
2.? . b?
4. y
5.
OF DOMINANT SPECIES (OBL.- FAC.)
DRAW LINE ABOVE NON-DOMINANT SPECIES)
GROUND COVER: SPECIES-°a COVER-INDICATOR
1. 2r S``
2. ?+?GOGl ?C'ty.c S?
3.
4.
5.
b.
7.
3.
wnnnv VTIJF C
1.
2.
OTHER INDICATORS:
HYDROPHYTIC VEGETATION: YES NO BASIS:
TYPICAL: (COMPLETE BELOW) ATYPICAL: (COMPLETE BACK)
SOIL:
SERIES: ON HYDRIC SOILS LIST: YES_NO_
MOTTLED: YES-NO / MATRIX COLOR: <?g HYDRIC SOILS: YES.--N_
BASIS.:. iYr c, c
HYDROLOGY:
INUNDATED: YES /NO DEPTH OF WATER:
SATURATED SOILS: YES ENO DEPTH TO SATURATION /WATER TABLE s??L._? ,? ^v•.?
OTHER INDICATORS:
WETLAND HYDROLOGY: YES ,ENO BASIS:
ATYPICAL SITUATION: YES NO NORMAL CONDITIONS: YES ENO
WETLAND DETERMINATION: WETLAND: / NON-WETLAND:
PHOTOS TAKEN: YES / NO AUTHORITY: 10 404 ---10 / 404 _ NONE_
JURISDICTION: ABOVE HEADWATERS_ ISOLATED_ ADJACENT / NWP 11
DETERMINED BY:
FROM 62.03.27 23:23 P. 2
LETTER OF AUTHORIZATION
Date: /U3 It fa
MWUQ„1„M6x g-MA &
-? do hereby suthorIZO
lNVe l?? a?? Quc?v
the delineation of
Land Management Group, inc- to act 96 mytour agents (s) in
known as
404/LAMA wetlands and in requested permit work an my/our property
County, N.C. Land Management
iocated in Y^' ,
Group, inc. should be contacted when questions arise regarding the wetland
delineation activity and/or permit applications on the above property-
Sincerely,
w
erg Pe ee, and/or ©ptionee)
%Vj 9Z;60 96/TS/ot
too in
***END***
10/31/96 09:35 TX/RX N0.1747 P.002