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August 24, 1992
Regulatory Branch
Action ID. 199101992 and Nationwide Permit No. 26
(Headwaters and Isolated Waters)
Mr. Jonathan L. Taylor, Principle Chief
Eastern Band of the Cherokee Indians
Post Office Box 455
Cherokee, North Carolina 28719
Dear Chief Taylor:
Reference your application of May 26, 1992, for Department of the Army
authorization to fill a 1.14 acre wetland associated with an unnamed tributary
to Soco Creek in order to construct a shopping center in Cherokee, Jackson
County, North Carolina. The project has been coordinated with the N.C.
Wildlife Resources Commission as required by our regulations, and with the
U.S. Fish and wildlife Service. As you are already aware, the State of North
Carolina does not have 401 water quality certification jurisdiction on Tribal
Lands, and therefore, the U.S. Environmental Protection Agency (EPA) assumes
that responsibility.
Our coordination with EPA indicates they will waive water quality
certification, provided a vegetated storm water retention basin is constructed
on the project site in order to receive runoff from impervious surfaces such
as paved parking areas and roofs. In addition, the FWS has agreed to our
permitting this project in compliance with the same condition.
The U.S. Army Corps of Engineers (USACE) concurs with the Federal agencies
regarding the construction of a vegetated retention basin. It is anticipated
the basin will provide compensation for water quality functions that are lost
due to the wetland fill and, at least partially mitigate for wildlife and
aquatic habitat losses. While we appreciated your submittal of an off-site
mitigation plan with your May 26 application, its' implementation will not be
necessary due to the greater benefits that are expected following the
construction of the on-site vegetated retention basin.
For the purposes of the USACE 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;
A
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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. In addition,
and as already referenced above, use of this authorization is dependent on the
construction of a vegetated retention basin downstream of the planned shopping
center. Prior to accomplishing the authorized fill work, it is necessary that
you and/or your engineer submit a plan for the basin to our Asheville Field
office for review and approval. The basin should be constructed as near to
the size of the wetland fill area as is practicable. In addition, the basin
is to be designed so as to maintain soil saturation on the bottom during the
accepted growing season, and thus, will function as a wetland rather than a
pond during periods of normal precipitation. Side slopes should be vegetated
with native shrubs with the upper slopes being vegetated with native trees.
The shrubs and trees are intended to provide erosion control, enhance wildlife
habitat, and will serve as a buffer between the basin and shopping center. It
is recommended that the small drain/creek to be placed in pipe and then
backfilled be diverted into the established basin in order to ensure soil
saturation during the growing period. Finally, rock diffusers should be
constructed at intake and outfall areas. All vegetative plantings, seeding
and mulching, and other erosion control measures should be in place prior to
the release of water into the basin.
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.
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Questions or comments may be addressed to Mr. Robert Johnson, Asheville
Regulatory Field Office, 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
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Asheville Field Office
U.S. Fish and Wildlife Service
U.S. Department of the Interior
330 Ridgefield Court
Asheville, North Carolina 28806
GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on
navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly
maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats or
other measures must be taken to minimize soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with any
regional conditions which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal
zone management consistency concurrence must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
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12. Historic Properties. No activity which may affect Historic Properties
listed, or eligible for listing, in the National Register of Historic Places
is authorized, until the District Engineer has complied with the provisions of
33 CFR 325, Appendix C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to
believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation Act have
been satisfied and that the activity is authorized. Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation Office and the National Register of Historic Places (see
33 CFR 330.4(g)).
13. Notification.
a. Where required by the terms of the NWP, the prospective permittee must
notify the District Engineer as early as possible and shall not begin the
activity:
(1) until notified by the District Engineer that the activity may proceed
under the NWP with any special conditions imposed by the District or Division
Engineer; or
(2) if notified by the District or Division Engineer that an individual
permit is required; or
(3) Unless 30 days have passed from the District Engineer's receipt of
the notification and the prospective permittee has not received notice from
the District or Division Engineer. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2).
b. The notification must be in writing and include the following
information and any required fees:
(1) Name, address and telephone number of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would cause; any
other NWP(s), regional general permit(s) or individual permit(s) used or -
intended to be used to authorize any part of the proposed project or related
activity;
(4) Where required by the terms of the NWP, a delineation of affected
special aquatic sites, including wetlands; and
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(5) A statement that the prospective permittee has contacted;
(a) The USFWS/NMFS 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; and any
available information provided by those agencies. (The prospective permittee
may contact Corps District Offices for USFWS/NMFS agency contacts and list of
critical habitat.)
(b) The SHPO regarding the presence of any historic properties in the
permit area that may be affected by the proposed project; and the available
information, if any provided by that agency.
14. Water Supply Intakes. No discharge of dredged or fill material may occur
in the proximity of a public water supply intake except where the discharge is
repair of the public water supply intake structures or adjacent bank
stabilization.
15. Shellfish Production. No discharge of dredged or fill material may occur
in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by nationwide
permit.
16. Suitable Material. No discharge of dredged or fill material may consist
of unsuitable material (e.g., trash, debris, car bodies, etc.) and material
discharged must be free from toxic pollutants in toxic amounts.
17. Mitigation. Discharges of dredged or fill material into waters of the
United States must be minimized or avoided to the maximum extent practicable
at the project site (i.e., on-site), unless the District Engineer has approved
a compensation mitigation plan for the specific regulated activity.
18. Spawning Areas. Discharges in spawning areas during spawning seasons
must be avoided to the maximum extent practicable.
19. Obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
20. Adverse Impacts from Impoundments. If the discharge creates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
21. Waterfowl Breeding Areas. Discharges into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
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22. Removal of Temporary Fills. Any temporary fills must be removed in their
entirety and the affected areas returned to their preexisting elevation.
NOTES:
1. Qualification for and issuance of a nationwide permit does not relieve the
applicant of the need to obtain any other required State or local permits.
2. Should all or part of a proposed activity be located within an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal
Resources Commission, a CAMA permit is required from the North Carolina
Division of Coastal Management. Should an activity within or potentially
affecting an AEC be proposed by a Federal agency, a consistency determination
pursuant to 15 CFR 930 must be provided to the North Carolina Division of
Coastal Management at least 90 days before the onset of the proposed activity.
REGIONAL CONDITIONS
1. All fill material authorized by this permit must be obtained from an
upland source.
2. Use of this permit for livestock and domestic animal waste treatment
facilities is not allowed.
STATE CONSISTENCY CONDITIONS
1. All fill material authorized by this permit must be obtained from an
upland source.
2. Use of this nationwide permit for waste disposal facilities is not
authorized.
3. Established erosion control practices shall be utilized to prevent
violations of the appropriate turbidity water quality standard (50 NTU's in
streams and rivers not designated as trout waters by the North Carolina
Division of Environmental Management; 25 NTU's in all saltwater classes and
all lakes and reservoirs and 10 NTU's in trout waters).
4. Proposed fill of greater than one acre in SA, trout, ORW, WS-1 and WS-2
HQW watersheds requires public notice and an individual Section 401 Water
Quality Certification from the North Carolina Division of Environmental
Management.
5. For activities resulting in the loss of waters of the United States
greater than 1/3 of an acre, the applicant must receive written concurrence
from the North Carolina Division of Environmental Management that the proposal
is certified under the Section 401 Water Quality Certification Program.
4 i I
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6. If the proposed activity is within the North Carolina Coastal Area and the
activity will result in the loss of waters of the United States greater than
1/3 of an acre, the applicant must receive written concurrence from the North
Carolina Division of Coastal Management that the activity is consistent with
the North Carolina Coastal Management Program.
GENERAL CERTIFICATION CONDITIONS
1. Proposed fill or substantial modification of greater than one-third of an
acre of such waters, including wetlands, requires a written concurrence from
the North Carolina Division of Environmental Management.
2. Proposed fill or substantial modification of equal to or less than one-
third of an acre of such waters, including wetlands, does not require written
concurrence from the North Carolina Division of Environmental Management.
3. Proposed fill of greater than one acre in SA, trout, HQW, ORW, WS-I and
WS-II watersheds require public notice and an individual Section 401 Water
Quality Certification from the North Carolina Division of Environmental
Management.
4. Established sediment and erosion control practices will be utilized to
prevent violations of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout waters by the North
Carolina Division of Environmental Management, 25 NTU's in all saltwater
classes and all lakes and reservoirs and 10 NTU's in trout waters).
5. Additional site-specific conditions may be added to this Certification in
order to ensure compliance with all applicable water quality and effluent
standards.
6. Concurrence from the North Carolina Division of Environmental Management
that this Certification applies to an individual project shall expire three
years from the date of the cover letter from the North Carolina Division of
Environmental Management.
A&.
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0702-0036
(33 CFR 325) Expires 30 June 1992
porting burden for this collection of information is estimated to average 5 hours per response for the majority of cases, including the time for reviewing
Lions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
I
Cations for larger or more complex projects, or those in ecologically sensitive areas, will take longer. Send comments regarding this burden estimate or any
r aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information
eratio

nd Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of information and Regulatory Affairs, Office
ns a
p
M
anagement and Budgol, Washington, DC 20503.
The Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act and
Section 103 of the Marine, Protection, Research and Sanctuaries Act. These laws require permits authorizing activities in or affecting navigable waters of the
United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it
into ocean waters. Information provided on this form will be used in evaluating the application for a permit. Information in this application is made a matter of
public record through issuance of a public notice. Disclosure of the information requested is voluntary; however, the data requested are necessary in order to
communicate with the applicant and to evaluate the permit application. If necessary information is not provided, the permit application cannot be processed nor
can a permit be issued.
One set of original drawings or good reproducible copies which show the location and charact of the proposed activity must be attached to this application
(see sample drawings and instructions) and be submitted to the Distri t En n havilt iction over the location of the proposed activity. An application
that is not completed in full will be returned.

1. APPLICATION NUMBER (To be assign d/by Corps) 3. NAME, ADDRESS, AND TITLE OF AUTHORIZED AGENT
Jonathan L. Taylor, Principal Chief
P.O. Box 455
Cherokee, N.C. 28719
Telephone no. during business hours

2. NAME AND ADDRESS OF APPLICANT / A/C ( ) N / A (Residence)
Eastern Band of Cherokee India S A/C(704 497-9771 (Office)

P.O. Box 455
Cherokee, N.C. 28719 Statement of Authorization: I hereby designate and authorize N/A

Attn: Eddie Almond
Telephone no. during business hours act in m
y
behalf as my agent in the processing of this permit application and to
furnish, upon request, supplemental information in support of the application.
A/C ( > N/A (Residence) SIGNATURE OF APPLICANT DATE
A/c (7 0 4) 497-4951 (Office)
4. DETAILED DESCRIPTION OF PROPOSED ACTIVITY
4a. ACTIVITY
Placement of fill material to bring a proposed site to grade. Fill depths
and demensions will vary according to the attached map. Total site is
approximately 11.3 acres (+-) . The entire site is above the 100 year flood
elevation. A mitigation plan adequate to replace wetland habitat has been
developed on land owned by Joan Henry, owner of the affected site and is
incorporated as an attachment to this application.
4b. PURPOSE
Site development is needed for the construction of a multipurpose economic
development center on the Cherokee Indian Reservation. Economic development
activities will consist'of attracting tenants interested in job development
through retail investment. It is estimated that site work will begin in the
Fall of 1992 and conclude in early Spring of 1993.
4c. DISCHARGE OF DREDGED OR FILL MATERIAL
A portion of the. proposed site (1.14 acres) near a drainage ditch at the
northwest corner, has restricted drainage caused by fill being placed on
the site by the N.C. DOT as a waste area for the construction of U.S. 441
Business and U.S. 441 Highways during the mid 1980's. The site development
proposal includes D i D i na with concrete D i De . f i l l i nn AnH rmmnar-t i r%n ^4
upland soil suitable for the construction project.. Fill material will be
to the site by truck.
4AMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC.. WHOSE PROPERTY ALSO ADJOINS THE WATERWAY
Mrs. Joan Henry, Cherokee, N.C. 28719
Mr. David Swayney, Cherokee, N.C. 28719
As shown on the attached maps the entire wet area is confined to and
surrounded by the parcel held by Mr. David Swayney. Also, the parcel shown
as that of Mrs. Shirley Cloer is now part of Mr. Swayneyts parcel. Mrs.
Joan Henry will be principal developer.
6. WATERBODY AND LOCATION ON WATERBODY WI IERE ACTIVITY EXISTS OR IS PROPOSED
Drainage of the area is to Soco Creek a tributary to the Oconaluftee River.
7. LOCATION UN LAND WHERE ACTIVITY EXISTS OR IS PROPOSED
ADDRESS: Cherokee Indian Reservation
_Junction of U.S. 441 Business & U.S. 441 with frontage along both highways
STREET, ROAD, ROUTE OR OTHER DESCRIPTIVE LOCATION
Jackson County N.C. 28719
COUNTY STATE ZIP CODE
Eastern Band of Cherokee Indians
LOCAL GOVERNING BODY WITH JURISDICTION OVERSITE
8. Is any portion of llte activity for which authorization is sought now complete? X X ? YES ? NO
If answer is "yes" give reasons, month and year the activity was completed. Indicate the existing work on the drawings.
Site drawings and preliminary engineering work attached as part of this
permit request.
9. List all approvals or certifications and denials received from other federal, interstate, stale or local agencies for any structures, construction, discharges or other
activities described in this application.
ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
SHPO 'Archaeology 12/19/89 1/22/89
10. Application is hereby made for a permit or permits to authorize the activities described herein. I cerlify that I am familiar with the information contained in the
application, and that to the best of my knowledge and belief such information is true, complete, and accurate. 1 further certify that I possess the authority to
undertake the proposed activities or I am acting as the duly authorized agent of [tie applicant.
5/28/92
SIGNATURE OF APPLICANT -? DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 3 has been filled out and signed.
a U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of The United States
wingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent
,ants or representations or makes or uses any false writing or document knowing same to contain any false fictitious or
statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.
1M 1915/ 11 S (YRIERNI/FNr PRIWW (WW- IVQ (1-041 VA
IWI

MITIGATION PLAN
GENERAL BACKGROUND
The primary goal of the Eastern Band of Cherokee Indians is
to improve the quality of life for all its citizens through
economic development while not sacrificing any of the
natural environmental and scenic beauty of the Reservation
which is the basis of its cultural heritage.
It has been determined by the Corps of Engineers that a
parcel of land (1.14 acres +-) located on the Cherokee
Indian Reservation has become a natural habitat for wildlife
caused by restriction in a small stream flow during the mid
1980's, when the NC DOT placed fill on the surrounding area
during rerouting of US Highway 441.
An application for permit, in accordance with provisions of
404 (b)(1) 40 CFR, was submitted and has been denied
primarily because there was no plan to insure no net loss of
wetland which would result if a plan to fill the area was
permitted.
This parcel located along the intersection of Highway 441
and 441 Business, (See attached map), is proposed as a site
for an Economic Development Center.
PROPOSAL
I. It is proposed, 1) that any wetland loss be mitigated
off-site in an area that is a high-priority natural area for
the North Carolina Natural Heritage Program. This alternate
area, located in the Black Rock section of the Reservation,
(see attached map), has been inspected by a Mr. David Baker,
Army Corps of Engineers with positive response. It is
further proposed, 2) that this substituting of habitat be
managed in a similar or superior manner to the practice at
the present site.
II. This parcel of land of approximately 2 acres contains
greater stream flow than the present site and is the
possessory holding solely of Mrs. Joan Henry. It is being
offered with no provisions or conditions attached except as
outlined in the proposal above and in accordance with the
legal status of Trust Lands of the Eastern Band of Cherokee
Indians.
III. The proposed development site is surrounded by property
owned by a Mr. David Swaney, who is fully aware of the
proposed mitigation plan as evidenced by the attached
support letter signed by Mr. Swaney.
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199101992 July 25, 1991
PUBLIC NOTICE
JONATHAN L. TAYLOR, PRINCIPAL CHIEF OF THE EASTERN BAND OF CHEROKEE
INDIANS, POST OFFICE BOX 455, CHEROKEE, NORTH CAROLINA 28719 has applied for
a Department of the Army (DA) permit TO DISCHARGE FILL MATERIAL INTO AN
UNNAMED TRIBUTARY TO SOCO CREEK AND ADJACENT WETLANDS NEAR THE INTERSECTION OF
U.S. HIGHWAY 441 BUSINESS AND U.S. HIGHWAY 441 IN CONJUNCTION WITH SITE
PREPARATION FOR A COMMERCIAL SHOPPING CENTER IN CHEROKEE, Jackson County,
North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by representatives
of the Corps of Engineers. Plans submitted with the application show the
discharge of approximately 3,000 cubic yards of fill within a 1.14-acre
wetland area for site preparation of the facility. Typical vegetation within
the wetland consists of black willow, red maple, cattails, sedges and rushes.
The wetland area is to be drained utilizing trenching, perforated PVC pipe and
_ crushed stone, prior to filling. Drainage will be diverted through a riprap
settling basin prior to reentering Soco Creek. The proposed discount and
grocery store will be situated atop the filled wetland area. The wetland is a
portion of the overall 11.3-acre site, which was filled as a waste area by the
N.C. Department of Transportation in the mid-1980's during the Highway 441
construction. Restricted drainage on the site, due to the fill, reportedly
has created the wet area. The project is to provide-economic gains to the
Cherokee Community in the form of jobs, revenue, and services. Plans showing
the work are included with this public notice.
. The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
x
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-2-
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archaeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in Accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
-3-
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker, until 4:15 p.m.,
August 23, 1991, or telephone [phone].
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199101992 July 25, 1991
PUBLIC NOTICE
JONATHAN L. TAYLOR, PRINCIPAL CHIEF OF THE EASTERN BAND OF CHEROKEE
INDIANS, POST OFFICE BOX 455, CHEROKEE, NORTH CAROLINA 28719 has applied for
a Department of the Army (DA) permit TO DISCHARGE FILL MATERIAL INTO AN
UNNAMED TRIBUTARY TO SOCO CREEK AND ADJACENT WETLANDS NEAR THE INTERSECTION OF
U.S. HIGHWAY 441 BUSINESS AND U.S. HIGHWAY 441 IN CONJUNCTION WITH SITE
PREPARATION FOR A COMMERCIAL SHOPPING CENTER IN CHEROKEE, Jackson County,
North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by representatives
of the Corps of Engineers. Plans submitted with the application show the
discharge of approximately 3,000 cubic yards of fill within a 1.14-acre
wetland area for site preparation of the facility. Typical vegetation within
the wetland consists of black willow, red maple, cattails, sedges and rushes.
The wetland area is to be drained utilizing trenching, perforated PVC pipe and
crushed stone, prior to filling. Drainage will be diverted through a riprap
settling basin prior to reentering Soco Creek. The proposed discount and
grocery store will be situated atop the filled wetland area. The wetland is a
portion of the overall 11.3-acre site, which was filled as a waste area by the
N.C. Department of Transportation in the mid-1980's during the Highway 441
construction. Restricted drainage on the site, due to the fill, reportedly
has created the wet area. The project is to provide economic gains to the
Cherokee Community in the form of jobs, revenue, and services. Plans showing
the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.

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The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archaeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other.interested
parties in order to consider and evaluate the impacts of this proposed

-3-
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: David Baker, until 4:15 p.m.,
August 23, 1991, or telephone [phone].
kIVI Ott-,--
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1. NEW ACTION ID: / 99/ o /992,
2. INITIAL DATA ENTRY
SECTION: LGAITo?
PROJECT: E6LS?? B o? ?n?-?O?? ?n4/ 1
APPLICATION DATED: S/ZQ/
DATE ACTION INITIALLY RECEIVED: TYPE PROCESSING ANTICIPATED: _I-p
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INTENDED • PROJECT) USE:
3. PARTICIPANT ENTRY +/
PARTICIPANT FIRST: -ro,Akt -AA-A
MIDDLE: -L
LAST ::V- ?DY
PARTICIPANT ROLE:
SALUTATION:
ADDRESS 1INE 1: PO• P?vX ¢s
2:
3:
4:
ZIP CODF :7-0711
CITY: roka- -,
STATE: /JCS
PHONE : 7o T - 0 7 - ;-77/
4. PROJECT MANAGER ENTRY
PROJECT MANAGER :
ROLE: Pt /
DATE ASSIGNED: 5. PROJECT LOCATION ENTRY
LOCATION RANKING:
CITY: G?trol?ti-
COUNTY : , c,L5.0-rx.
STATE: NC
6. PROJECT WATERWAY ENTRY
LOCATION RANKING:
RIVER BASIN : n rp¢,SS?-?-
WATERWAY: 50Go Crt ---
SITE IS ELIGIBLE FOR CAMA TYPE PROCESSING (Y/N):?? A-)
WORK IS ELIGIBLE FOR CAMA TYPE PROCESSING (Y/N):?

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,•' r% 8. ACTION STATUS
STATUS CODE: --? `
DATE STATUS BEGAN: SIBI??
f ,.
Regulatory Branch

August 24, 1992
Action ID. 199101992 and Nationwide Permit No. 26
(Headwaters and Isolated Waters)
Mr. Jonathan L. Taylor, Principle Chief
Eastern Band of the Cherokee Indians
Post Office Box 455
Cherokee, North Carolina 28719
Dear Chief Taylor:
Reference your application of May 26, 1992, for Department of the Army
authorization to fill a 1.14 acre wetland associated with an unnamed tributary
to Soco Creek in order to construct a shopping center in Cherokee, Jackson
County, North Carolina. The project has been coordinated with the N.C.
Wildlife Resources Commission as required by our regulations, and with the
U.S. Fish and wildlife Service. As you are already aware, the State of North
Carolina does not have 401 water quality certification jurisdiction on Tribal
Lands, and therefore, the U.S. Environmental Protection Agency (EPA) assumes
that responsibility.
Our coordination with EPA indicates they will waive water quality
certification, provided a vegetated storm water retention basin is constructed
on the project site in order to receive runoff from impervious surfaces such
as paved parking areas and roofs. In addition, the FWS has agreed to our
permitting this project in compliance with the same condition.
The U.S. Army Corps of Engineers (USACE) concurs with the Federal agencies
regarding the construction of a vegetated retention basin. It is anticipated
the basin will provide compensation for water quality functions that are lost
due to the wetland fill and, at least partially mitigate for wildlife and
aquatic habitat losses. While we appreciated your submittal of an off-site
mitigation plan with your May 26 application, its' implementation will not be
necessary due to the greater benefits that are expected following the
construction of the on-site vegetated retention basin.
For the purposes of the USACE 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;
t
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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. In addition,
and as already referenced above, use of this authorization is dependent on the
construction of a vegetated retention basin downstream of the planned shopping
center. Prior to accomplishing the authorized fill work, it is necessary that
you and/or your engineer submit a plan for the basin to our Asheville Field
office for review and approval. The basin should be constructed as near to
the size of the wetland fill area as is practicable. In addition, the basin
is to be designed so as to maintain soil saturation on the bottom during the
accepted growing season, and thus, will function as a wetland rather than a
pond during periods of normal precipitation. Side slopes should be vegetated
with native shrubs with the upper slopes being vegetated with native trees.
The shrubs and trees are intended to provide erosion control, enhance wildlife
habitat, and will serve as a buffer between the basin and shopping center. It
is recommended that the small drain/creek to be placed in pipe and then
backfilled be diverted into the established basin in order to ensure soil
saturation during the growing period. Finally, rock diffusers should be
constructed at intake and outfall areas. All vegetative plantings, seeding
and mulching, and other erosion control measures should be in place prior to
the release of water into the basin.
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.
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Questions or comments may be addressed to Mr. Robert Johnson, Asheville
Regulatory Field Office, telephone [phone].
MUSE FILE:taylor8
Sincerely, CESAW-CO-E% MSON/mj
CESAW-CO-E ER
CESAW-CO-E
MAIL F
?
CESAW-CO-E/FILES
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
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Thomas Welborn, Chief
U. S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Asheville Field Office
U.S. Fish and Wildlife Service
U.S. Department of the Interior
330 Ridgefield Court
Asheville, North Carolina 28806

R
GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on
navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly
maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats or
other measures must be taken to minimize soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with any
regional conditions which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal
zone management consistency concurrence must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.

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12. Historic Properties. No activity which may affect Historic Properties
listed, or eligible for listing, in the National Register of Historic Places
is authorized, until the District Engineer has complied with the provisions of
33 CFR 325, Appendix C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to
believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation Act have
been satisfied and that the activity is authorized. Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation Office and the National Register of Historic Places (see
33 CFR 330.4(g)).
13. Notification.
a. Where required by the terms of the NWP, the prospective permittee must
notify the District Engineer as early as possible and shall not begin the
activity:
(1) until notified by the District Engineer that the activity may proceed
under the NWP with any special conditions imposed by the District or Division
Engineer; or
(2) if notified by the District or Division Engineer that an individual
permit is required; or
(3) Unless 30 days have passed from the District Engineer's receipt of
the notification and the prospective permittee has not received notice from
the District or Division Engineer. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2).
b. The notification must be in writing and include the following
information and any required fees:
(1) Name, address and telephone number of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would cause; any
other NWP(s), regional general permit(s) or individual permit(s) used or
intended to be used to authorize any part of the proposed project or related
activity;
(4) Where required by the terms of the NWP, a delineation of affected
special aquatic sites, including wetlands; and
f is ^t'Ii•"' ?, Y ?.. t :.$: f V:.1-fly .l"_',"} ?:r' S" P?3

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(5) A statement that the prospective permittee has contacted;
(a) The USFWS/NMFS 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; and any
available information provided by those agencies. (The prospective permittee
may contact Corps District Offices for USFWS/NMFS agency contacts and list of
critical habitat.)
(b) The SHPO regarding the presence of any historic properties in the
permit area that may be affected by the proposed project; and the available
information, if any provided by that agency.
14. Water Supply Intakes. No discharge of dredged or fill material may occur
in the proximity of a public water supply intake except where the discharge is
repair of the public water supply intake structures or adjacent bank
stabilization.
15. Shellfish Production. No discharge of dredged or fill material may occur
in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by nationwide
permit.
16. Suitable Material. No discharge of dredged or fill material may consist
of unsuitable material (e.g., trash, debris, car bodies, etc.) and material
discharged must be free from toxic pollutants in toxic amounts.
17. Mitigation. Discharges of dredged or fill material into waters of the
United States must be minimized or avoided to the maximum extent practicable
at the project site (i.e., on-site), unless the District Engineer has approved
a compensation mitigation plan for the specific regulated activity.
18. Spawning Areas. Discharges in spawning areas during spawning seasons
must be avoided to the maximum extent practicable.
19. Obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
20. Adverse Impacts from Impoundments. If the discharge creates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
21. Waterfowl Breeding Areas. Discharges into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
fir}
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22. Removal of Temporary Fills. Any temporary fills must be removed in their
entirety and the affected areas returned to their preexisting elevation.
NOTES:
1. Qualification for and issuance of a nationwide permit does not relieve the
applicant of the need to obtain any other required State or local permits.
2. Should all or part of a proposed activity be located within an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal
Resources Commission, a CAMA permit is required from the North Carolina
Division of Coastal Management. Should an activity within or potentially
affecting an AEC be proposed by a Federal agency, a consistency determination
pursuant to 15 CFR 930 must be provided to the North Carolina Division of
Coastal Management at least 90 days before the onset of the proposed activity.
REGIONAL CONDITIONS
1. All fill material authorized by this permit must be obtained from an
upland source.
2. Use of this permit for livestock and domestic animal waste treatment
facilities is not allowed.
STATE CONSISTENCY CONDITIONS
1. All fill material authorized by this permit must be obtained from an
upland source.
2. Use of this nationwide permit for waste disposal facilities is not
authorized.
3. Established erosion control practices shall be utilized to prevent
violations of the appropriate turbidity water quality standard (50 NTU's in
streams and rivers not designated as trout waters by the North Carolina
Division of Environmental Management; 25 NTU's in all saltwater classes and
all lakes and reservoirs and 10 NTU's in trout waters).
4. Proposed fill of greater than one acre in SA, trout, ORW, WS-1 and WS-2
HQW watersheds requires public notice and an individual Section 401 Water
Quality Certification from the North Carolina Division of Environmental
Management.
5. For activities resulting in the loss of waters of the United States
greater than 1/3 of an acre, the applicant must receive written concurrence
from the North Carolina Division of Environmental Management that the proposal
is certified under the Section 401 Water Quality Certification Program.
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6. If the proposed activity is within the North Carolina Coastal Area and the
activity will result in the loss of waters of the United States greater than
1/3 of an acre, the applicant must receive written concurrence from the North
Carolina Division of Coastal Management that the activity is consistent with
the North Carolina Coastal Management Program.
GENERAL CERTIFICATION CONDITIONS
1. Proposed fill or substantial modification of greater than one-third of an
acre of such waters, including wetlands, requires a written concurrence from
the North Carolina Division of Environmental Management.
2. Proposed fill or substantial modification of equal to or less than one-
third of an acre of such waters, including wetlands, does not require written
concurrence from the North Carolina Division of Environmental Management.
3. Proposed fill of greater than one acre in SA, trout, HQW, ORW, WS-I and
WS-II watersheds require public notice and an individual Section 401 Water
Quality Certification from the North Carolina Division of Environmental
Management.
4. Established sediment and erosion control practices will be utilized to
prevent violations of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout waters by the North
Carolina Division of Environmental Management, 25 NTU's in all saltwater
classes and all lakes and reservoirs and 10 NTU's in trout waters).
5. Additional site-specific conditions may be added to this Certification in
order to ensure compliance with all applicable water quality and effluent
standards.
6. Concurrence from the North Carolina Division of Environmental Management
that this Certification applies to an individual project shall expire three
years from the date of the cover letter from the North Carolina Division of
Environmental Management.

S y
i
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 01702-0036
(33 CFR 325) Expires 30 June 1992
Public reporting burden for this collection of information is estimated to average 5 hours per response for the majority of cases, including the time for reviewing
rlstructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
4pplications for larger or more complex projects, or those in ecologically sensitive areas, will take longer. Send comments regarding this burden estimate or any
)ther aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information
Jperations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of information and Regulatory Affairs, Office
)f Management and Budget, Washington, DC 20503.
rile Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act and
Section 103 of the Marine, Protection, Research and Sanctuaries Act. These laws require permits authorizing activities in or affecting navigable waters of the
Jnited States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it
No ocean waters. Information provided on this form will be used in evaluating the application for a permit. Information in this application is made a matter of
)ublic record through issuance of a public notice. Disclosure of the information requested is voluntary; however, the data requested are necessary in order to
communicate with the applicant and to evaluate the permit application. If necessary information is not provided, the permit application cannot be processed nor
con a permit be issued.
one set of original drawings or good reproducible copies which show the location and characl of the proposed activity must be attached to this application
'see sample drawings and instructions) and be submitted to the Distri I En 'n havirt iclion over the location of the proposed activit
An application
y.
hat is not com
leted in full will be returned
p
.
APPLICATION NUMBER (ro be assign drby Corp.)

d 3. NAME, ADDRESS, AND TITLE OF AUTHORIZED AGENT
Jonathan L. Taylor, Principal Chief
?6
n P.O. Box 455
Cherokee, N.C. 28719
Telephone no. during business hours

NAME AND ADDRESS OF APPLICANT / A/C ( ) N / A (Residence)
Eastern Band of Cherokee India s Aic(704 497-2771 (Office)

P.O. Box 455
Cherokee , N . C . 2 8 719 Statement of Authorization: 1 hereby designate and authorize N/A
Attn: Eddie Almond
Telephone no. during business hours to act in my
behalf as my agent in the processing of this permit application and to
furnish, upon request, supplemental information in support of the application.
A/C ( ) N/A (Residence) SIGNATURE OF APPLICANT DATE
ac (7 0 4) 497-4951 (Office)
DETAILED DESCRIPTION OF PROPOSED ACTIVITY
Ia. ACTIVITY
Placement of fill material to bring a proposed site to grade. Fill depths
and demensions will vary according to the attached map. Total site is
approximately 11.3 acres (+-). The entire site is above the 100 year flood
elevation. A mitigation plan adequate to replace wetland habitat has been
developed on land owned by Joan Henry, owner of the affected site and is
incorporated as an attachment to this application.
lb. PURPOSE
Site development is needed for the construction of a multipurpose economic
development center on the Cherokee Indian Reservation. Economic development
activities will consist*of attracting tenants interested in Job development
through retail investment. It is estimated that site work will begin in the
Fall of 1992-and conclude in early Spring of 1993.
c. DISCHARGE OF DREDGED OR FILL MATERIAL
A portion of the proposed site (1.14 acres) near a.drai'nage ditch at the
northwest corner., has restricted drainage caused by fill being placed on Y
the site by the N.C. DOT as a. waste area for the construction of U.S. 441
Business and U.S. 441 Highways during the mid 1980's. The site development
proposal includes piping with concrete pipe, filling and compaction of
upland soil suitable for the construction project.: Fill material will be
to the site by truck.
CiAM AAAR At in AQ r-171111 0M ( 9- Auu KK iti (111,11 t1 1-11: 111tinnutiml CL(:W-0V
NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC:, WHOSE PROPERTY ALSO ADJOINS THE WATERWAY
--Mrs. .loan Henry, 'Cherokee, N.C.° 28719 '
Mr. David Swayney, Cherokee, N.C. 28719
As shown on the attached maps the entire wet area is confined to and
surrounded by the parcel held by Mr. David Swayney. Also, the parcel shown
as that of Mrs. Shirley Cloer is now part of Mr. Swayneyts parcel. Mrs.
Joan Henry will be principal developer.
6. WATERBODY AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSED
Drainage of the area-is to Soco Creek a tributary'to the Oconaluftee River.
7. LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED
ADDRESS: Cherokee Indian Reservation
--Junction of U.S. 441 Business & U .S. 441 with frontage along both highways
STREET, ROAD. ROUTE OR OTHER DESCRIPTIVE LOCATION
.lackson County N.C. 28719
COUNTY STATE ZIP CODE
Eastern Band of Cherokee Indians
LOCAL GOVERNING BODY WITH JURISDICTION OVERSITE
8. Is any portion of the activity for which authorization is sought now complete? XX 13 YES Q NO
If aniwer is 'yes' give reasons, month and year the activity was completed. Indicate the existing work on the drawings.
Site drawings and preliminary engineering work attached as part of this
permit request.
9. List aN approvals or certifications and denials received from other federal, interstate, state or local agencies for any structures, construction, discharges or other
activities described in this application.
ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
SHPO '.Af'chaeology 12/19/89 1/22/89
10. Application Is hereby made for a permit or permits to aulhorizs the activities described herein. fcerlify that 1 am familiar with the Information contained in the.
application, and that to the best of my knowledge and ballet such information is true, complete, and accurate. I further certify that 1 possess the authority to
undertake the proposed activities or I am acting as the duly authorized agent of the applicant.
.a.c? '?• l 5128/92
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT. DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 3 has been filled out and signed. y
10 U.S.C. Section 1001 provides that, Whoever, in any manner within the jurisdiction of any department or agency of The United States
knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent
statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or
fraudulent statement or entry, shalt be fined not more than $10,000 or imprisoned not more than five years, or both.
es QW1111a1fM "WIMI OFFMf WN 4-WW
The primary goal of the Eastern Band of Cherokee Indians is
to improve the quality of life for all its citizens through
economic development while not sacrificing any of the
natural environmental and scenic beauty of the Reservation
which is the basis of its cultural heritage.
It has been determined by the Corps of Engineers that a
parcel of land (1.14 acres +-) located on the Cherokee
Indian Reservation has become a natural habitat for wildlife
caused by restriction in a small stream flow during the mid
1980's, when the NC DOT placed fill on the surrounding area
during rerouting of US Highway 441.
An application for permit, in accordance with provisions of
404 (b)(1) 40 CFR, was submitted and has been denied
primarily because there was no plan to insure no net loss of
wetland which would result if a plan to fill the area was
permitted.
This parcel located along the intersection of Highway 441
and 441 Business, (See attached map), is proposed as a site
for an Economic Development Center.
PROPOSAL
I. It is proposed, 1) that any wetland loss be mitigated
off-site in an area that is a high-priority natural area for
the North Carolina Natural Heritage Program. This alternate
area, located in the Black Rock section of the Reservation,
(see attached map), has been inspected by a Mr. David Baker,
Army Corps of Engineers with positive response. It is
further proposed, 2) that this substituting of habitat be
managed in a similar or superior manner to the practice at
the present site.
II. This parcel of land of approximately 2 acres contains
greater stream flow than the present site and is the
possessory holding solely of Mrs. Joan Henry. It is being
offered with no provisions or conditions attached except as
outlined in the proposal above and in accordance with the
legal status of Trust Lands of the Eastern Band of Cherokee
Indians.
III. The proposed development site is surrounded by property
owned by a Mr. David Swaney, who is fully aware of the
proposed mitigation plan as evidenced by the attached
support letter signed by Mr. Swaney.
.-
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