20181736 Ver 2_ePCN Application_20210211

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
October 26, 2020 Ver 3.3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Change only if needed.
BIMS # Assigned * Version#*
20181736 2
Is a payment required for this project?*
r No payment required What amout is owed?*
r Fee received IT $240.00
r Fee needed - send electronic notification r $570.00
Reviewing Office *
Winston-Salem Regional Office - (336) 776- Select Project Reviewer*
9800 Sue Homewood:eads\slhomewood
Information for Initial Review
1a. Name of project:
Kenjack Farms Pond
1a. Who is the Primary Contact?*
Ronnie Dilbeck, PG
1b. Primary Contact Email:*
[e-mail]
Date Submitted
2/11/2021
Nearest Body of Water
Norton Creek
Basin
Little Tennessee
Water Classification
WS-III; TR
Site Coordinates
1c. Primary Contact Phone:*
[phone]
Latitude:
Longitude:
35.136458
-83.173605
A. Processing Information
County (or Counties) where the project is located:
Jackson
Is this a NCDMS Project
r Yes IT No
Is this project a public transportation project?*
r Yes IT No
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r- Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*

r Yes
r No
Please provide the date of the previous submission.*
1 /8/2021
1b. What type(s) of permit(s) do you wish to seek authorization?
r Nationwide Permit (NWP)
W Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Regional General Permit (RGP) Number: Other
RGP Numbers (for multiple RGPS)
IWGP100000
1d. Type(s) of approval sought from the DWR:
r 401 Water Quality Certification - Regular
W Non-404 Jurisdictional General Permit
r Individual Permit
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
r 401 Water Quality Certification - E)press
F Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
(- Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Kenjack Farms, LLC
2b. Deed book and page no.:
DB 1972 PG 717
2c. Responsible party:
Steven DeFrancis
2d.Address
Street Address
3424 Peachtree Road NE
Address Une 2
aty
State / Province / FRagion
Atlanta
Georgia
Rbstal / Zip Code
Country
30326
USA
r Yes r No
r Yes r No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Ronnie Dilbeck, PG
3b. Business Name:
CreekStone, PLLC
3c.Address
Street Address
132 Blueberry Lane
Address Une 2
City
Franklin
Postal / Zip Code
28734
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if
4a. Name:
Ronnie Dilbeck, PG
4b. Business Name:
CreekStone, PLLC
4c.Address
Street Address
132 Blueberry Lane
Address Line 2
city
Franklin
Postal / Zip Code
28734
4d. Telephone Number:
[phone]
4f. Email Address:*
ronnie@creekstone\A,nc.com
Agent Authorization Letter*
authorization FORM. pdf
2f. Fax Number:
State / Rovince / Fbgion
NC
Country
USA
3e. Fax Number:
State / Frwnce / Fbgion
NC
Country
USA
4e. Fax Number:
159.25KB
C. Project Information and Prior Project History C"U
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Cashiers, NC
2. Project Identification
2a. Property Identification Number: 2b. Property size:
7553-20-6376 36.93
2c. Project Address

Street Address
1749 Yellow Mountain Road
Address tine 2
aty
State / Rwince / Ifgion
Cashiers
NC
Postal / Zip Code
Country
28717
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Norton Creek
3b. Water Resources Classification of nearest receiving water:*
WS-III; TR
3c. What river basin(s) is your project located in?*
Little Tennessee
3d. Please provide the 12-digit HUC in which the project is located.
0601020301
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
Kenjack Farms owns an approximately 36.9 acre tract of land (PIN 7553-20-6376) at 1749 Yellow Mountain Road. The project site is primarily rural developed residential land with
maintained open and forested areas. The property historically has been used for residential, agriculture, and silviculture activities for the past 50 years. The project site is surrounded
by
developed rural residential, agricultural, and undeveloped forested lands. The project area is situated in the Blue Ridge physiographic province and in the Southern Crystalline Ridges
and Mountains Ecoregion of North Carolina. Blue Ridge province is a mountainous zone that extends northeast -southwest from southern Pennsylvania to central Alabama. The
physiography of the Jackson County consists of high, intermediate, and low mountains; floodplains; and low stream terraces.
The site has sloping to rolling terrain With small valleys and an average elevation of approximately 4,100 feet above mean sea level (msl). Waters at the project site are part of the
Tennessee River system being in the Little Tennessee River Basin and within the Tuckasegee River watershed (HUC 06010203). UTs of Norton Creek and wetlands are located at the
project site. Streams at the site generally drain to the northeast and east. UTs Norton Creek flow into a north branch of Norton Creek
approximately 0.25 mile downstream of the site. As designated by the North Carolina Department of Environmental Quality (NCDEQ) — Division of Water Resources (DWR), streams at
the site are classified as water supply III (WS-III), trout, and special designated waters. Special designated waters in the Little Tennessee Basin are subject to the actions specified in
North Carolina statue 15A NCAC 2B .0224, the High Quality Waters (HOW) rule, in order to protect downstream waters designated as HQW. As noted above, there are wetlands located
within the project site. The wetlands at the site are associated with a large contiguous bog -fen wetland type with mostly emergent and shrub vegetation. This wetland is located in the
east portion of the site in the lowest topographic area of the property. The west portion of this wetland area is being maintained as an open
area.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes G No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
TOPOkenjack2.1.pdf
848.43KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
NRCSSoiI_Map.pdf 337.08KB
4f. List the total estimated acreage of all existing wetlands on the property:
3.84
4g. List the total estimated linear feet of all existing streams on the property:
596
4h. Explain the purpose of the proposed project:*
The purpose of the project is the construction of a 0.94 acre pond for recreation
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project includes a proposed 0.94 acre pond on private property. The proposed pond is situated within 3.84 acres of existing wetland, which was impacted by a previous owner.
Approximately 0.92 acres of the wetland were previously excavated and the applicant maintains a small open area of the wetland by moving. The proposed pond is to impact 0.99 acre
of the existing isolated wetland. These wetland have been re-classified as non -jurisdiction by the USACE following the implementation of the Navigable Water Protection Rule. The
proposed pond is to be contained by a nine (9) foot tall earthen dam/berm with a ten (10) foot wide top and have an outfall structure located in the northeastern portion of the dam
which would discharge into a UT of Norton Creek. The pond is to recharge naturally via rainfall and groundwater, as well as, occasional inflow from a supply well. The surrounding UTs
are to remain in -tact and undisturbed. Double row silt fencing will be utilized to protect the portion of wetland that are to remain undisturbed. Special care Will be given to reduce the
impacts even further by maintaining a stringent construction footprint. Construction of the pond will be undertaken by a qualified licensed grading contractor. Large grading equipment
such as a Cat 325 excavator, Cat D-5 dozer and Cat CP11 vibratory soil compactor (or equivalent) shall be utilized to complete the construction of proposed pond. Excavated material
will be dewatered on -site in a stockpiled area, contained by double -rowed silt fence, and wind rowed periodically. Once dry, the material Will be disposed of on -site on a flat upland area.
Erosion control and water quality protection will be implemented through the use of silt fence. The location of the dewatering area is west of the proposed pond. The excavated area,
during pond construction, shall also implement double -row silt fencing to prevent turbid water from entering the remaining wetlands and UTs. The proposed earthen dam/berm shall be
constructed such that the soil is stabilized as quickly as possible following construction. Any additional erosion control measures and techniques may be implemented during detailed
design to ensure the remaining wetlands and UTs are protected in accordance with all local, state, and federal laws. Suitable fill material determined acceptable based on design criteria
and will not include any trash, debris, car bodies, asphalt, etc. The fill material used on site is to be clear and free of chemical contamination, and free of toxic pollutants in toxic
amounts. Extra effort Will be focused to enhance the remaining adjacent wetlands by transplanting native vegetation from the construction footprint. Other wetland
restorative/enhancement efforts will be implemented for the adjacent wetlands in the final grading plans.
4j. Please upload project drawings for the proposed project.
2020-12-11-KENJACK.pdf 449.16KB

5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No
Comments:
The wetland have been determined non -jurisdictional with USACE following the implementation of
the Navigable Waters Protection Rule.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2017-01091
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Ronnie Dilbeck, PG
Agency/Consultant Company: CreekStone, PLLC
Other:
r Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
10/23/20
5d1. Jurisdictional determination upload
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands r Streams -tributaries f Buffers
F Open Waters r Pond Construction
2. Wetland Impacts
!a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (')J2�e of W.* 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact
Jurisdicition * M area*
_11
1 �71� Recreation ��P Bog Kenjack Bog LA
DWR 0.990
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.990
2h. Comments:
2g. Total Permanent Wetland Impact
0.990
F E. Impact Justification and Mitigation U
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The applicant provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment. Protection of the
surrounding tributaries and wetlands is minimized by leaving a 2.85 acre buffer of existing wetlands undisturbed. Additionally, the three surrounding
UTs of Norton Creek, also remain undisturbed and are not proposed to be impacted by construction activities. The original pond design was 2.1 acres
and would have impacted 1.9 acres of wetland. CreekStone and Kenjack Farms diligently worked together to greatly reduce this impact.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction activates will strictly adhere to but limited to: implementation of current BMP's; stabilization of competed work areas at the conclusion of
each work day; pump around stations (if needed); excavated soil dewatering areas (away from WOS); minimalistic construction footprint; maintenance
of a single ingress/egress.

2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
It is unknown at this time if Compensatory Mitigation will be required by NCDEQ. If they are imposed, Kenjack Farms is happy to oblige with mitigation. However, CreekStone and Kenjack
Farms have concluded that enhanoement/restoration activities to the adjacent wetlands will be included in the final grading plans regardless of Compensatory Mitigation requirements.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
Stormwater discharge into established buffers is not anticipated during construction.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)?
C Yes r No
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15ANCAC 21 or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15ANCAC 213.021
r Yes f• No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
The site is currently developed as desired by the Kenjack Farms. The pond construction is the final project intended by the landowner.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor WA
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
r Yes r No
r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No

5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?'
r- Yes r No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
U.S Fish and Wildlife Endangered and Threatened Species List. National Heritage Database
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r- Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
U.S Fish and Wildlife Endangered and Threatened Species List.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
North Carolina State Historic Preservation National Register
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Mapping Program (w.%w.ncfloodmaps.com)
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Signature
*
W By checking the box and signing below, I certify that:
The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Ronnie Dilbeck, PG
Signature
V
Date
2/11 /2021

SAMPLE AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO.
PLAN NO. PARCEL ID:-15`52- 20(-
STREET ADDRESS: k- Ac TW i1DW iV1MC71an-ra I n V'A t Cc�S�f1 I �'f�„j �N G
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Please print: C�
Property Owner: �J►��� �Yo'a1r1G1S _�
Property Owner:
The undersigned, registered property owners of the above noted property, do hereby authorize
V-Oy\n'%tom 1711VxCoc. of C y CC _f_ , `?LLC
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
A?-'4 e 1ari+� �vm�v2LR
Telephone: ks$' S`1V ``i°I fDtP
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
AuthorizedSignature
Date: Sl ] `S l 2 w
Authorized Signature
Date:

Data use subject to license. TN Scale 1 : 12,000
o zoo aoo eoo aoo 1000 m © 2006 DeLorme. TopO USAF 6.0. me cs., w� o wo zoo aoo aoo soo
www.delorme.com 1" = 1,000.0 ft Data Zoom 14-6

Soil Map —Jackson County, North Carolina
(Kenjack Farms)
301950 301970 301990 302010 302030 302D50
35o 8' 14" N
35o 8'6"N
301950 301970 301990 302010 302030 302050
in
a Map Scale: 1:1,150 if printed on A portrait (8.5" x 11") sheet.
Meters
N 0 15 30 60 90
Feet
0 50 100 200 300
Map projection: Web Mercator Conermordinates: WGS84 Edge tics: lfrM Zone 17N WGS84
USDA Natural Resources Web Soil Survey
Conservation Service National Cooperative Soil Survey
302070 302090 30211
0
0
35o 8'14" N
35o 8' 6" N
302110
0
m
8/31/2017
Pagel of 3

MAP LEGEND
Area of Interest (AOI)
0
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special
Point Features
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
0
Landfill
A.
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
o
Sodic Spot
Soil Map —Jackson County, North Carolina
(Kenjack Farms)
MAP INFORMATION
Spoil Area
The soil surveys that comprise your AOI were mapped at
1:12,000.
Stony Spot
th
Very Stony Spot
Warning: Soil Map may not be valid at this scale.
Wet Spot
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
4�
Other
line placement. The maps do not show the small areas of
Special Line Features
contrasting soils that could have been shown at a more detailed
scale.
Water Features
Streams and Canals
Please rely on the bar scale on each map sheet for map
measurements.
Transportation
—
Rails
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
. 0
Interstate Highways
Coordinate System: Web Mercator (EPSG:3857)
US Routes
Maps from the Web Soil Survey are based on the Web Mercator
Major Roads
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Local Roads
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
Background
Aerial Photography
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Jackson County, North Carolina
Survey Area Data: Version 12, Sep 19, 2016
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Jan 12, 2016—Mar
15, 2017
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
USDA Natural Resources Web Soil Survey 8/31/2017
Conservation Service National Cooperative Soil Survey Page 2 of 3

Soil Map —Jackson County, North Carolina
Kenjack Farms
Map Unit Legend
Jackson County, North Carolina (NC099)
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
EdE
Edneyville-Chestnut complex,
0.1
1.0%
high precipitation, 30 to 50
percent slopes, stony
PwE
Plott fine sandy loam, high
0.0
0.6%
precipitation, 30 to 50
percent slopes, stony
SyA
Sylva-Whiteside complex, 0 to
4.6
69.3%
2 percent slopes
TWC
Tuckasegee-Whiteside
1.9
29.1 %
complex, 8 to 15 percent
slopes
Totals for Area of Interest
6.6
100.0%
USDA Natural Resources Web Soil Survey 8/31/2017
Conservation Service National Cooperative Soil Survey Page 3 of 3

Engineering, LLC
KENJACK FARM
RECREATIONAL POND
2020.12.11
Environmental and Geological
.' Services
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