20090097 Ver 1_401 Application_20090109

OF WATER 1
JAN L 8 2009
pENR-WATER QUAL?TY
Y
WETLANDS AND STORMVIATER BRAND
09-0097
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: #39 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ? Yes X No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1 f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes DO No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Murphy 66
2b. County: Cherokee
2c. Nearest municipality / town: Murphy
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name(s) on Recorded Deed: Samuel W. Duncan Sr. Steve Forrister
3b. Deed Book and Page No. 006440013 0012380655
3c. Responsible Party (for LLC if
applicable):
3d. Street address: PO Box 600 95 Valley River Ave
3e. City, state, zip: Murphy, NC 28906 Murphy, NC 28906
3f. Telephone no.: 828-837-2666
3g. Fax no.: 828-837-3569
3h. Email address: [e-mail]
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 11
B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID): 459211554261000(Duncan) 4592115532122000(Forrister)
1b. Site coordinates (in decimal degrees): Latitude: 35.087778 Longitude: 84.031667
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: Duncan .65 acres Forrister .69acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Hiwassee Lake when lake is full, Valley River during draw
proposed project: down.
2b. Water Quality Classification of nearest receiving water: C Tr
2c. River basin: Hiwassee
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site is in a section of an un-named stream located on the property of two adjoining landowners. Both landowners
have existing businesses located on their properties. Being that the site is located in the center of the Town of Murphy the
surrounding area is highly developed and commercialized. The stream empties onto the site from a culvert pipe located
under Valley River Avenue. The existing stream banks are eroded severely in the section that is proposed to be
impacted.
3b. List the total estimated acreage of all existing wetlands on the property:
N/A
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
150 ft
3d. Explain the purpose of the proposed project:
The purpose of the project is to create parking for the two adjoining businesses. While also addressing a severe erosion
problem on the site. Existing parking space for both businesses is strictly limited, this project would greatly improve their
viability.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project would consist of installing 115 ft of 36" culvert pipe into the un-named stream. Rip-rap stone will be placed
around the down stream end of the culvert to prevent erosion. One the culvert is installed fill dirt will be hauled in from off
site to cover the pipe. After the fill dirt is compacted gravel will be spread for permanent surface ground cover. Erosion
control measures will be installed prior to beginning the project to prevent any sediment from polluting the stream during
construction. A track hole excavator will be used to install the culvert and a small dozer will be used to spread the fill dirt.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property
? Yes X No ? Unknown
/ project (including all prior phases) in the past?
Comments: No prior phases
4b. If the Corps made the jurisdictional determination, what
? Preliminary ? Final
type of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
5. Project History
5a. Have permits or certifications been requested or obtained
for this project (including all prior phases) in the past? ? Yes X No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes X No
6b. If yes, explain.
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands X Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary
? Yes ? Corps
W1 ? P ? T ? No ? DWQ
? Yes ? Corps
W2 ? P ? T ? No ? DWQ
W3 ? P ? T ? Yes
? No ? Corps
? DWQ
? Yes ? Corps
W4 ? P ? T ? No ? DWQ
W5 ? PEI T ? Yes
? No ? Corps
? DWQ
W6 ? P ? T ? Yes
? No ? Corps
? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g•
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 X P ? T Culvert Un-named-trib X PER
? INT X Corps
X DWQ 1.5ft 115ft
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 115ft
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required? ? Yes
? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary impact required?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
61. Comments:
Page 6 of 11
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The culvert will be installed with the bottom of it below the elevation of the stream bed so not to impede the passage of
any aquatic life
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Any and all erosion control measures needed, will be installed to avoid any sediment from entering the stream.
The property in its current condition is not useable by the two land owners and has high sediment pollution potential
because of the existing ban erosion problems. No machinery will be within the stream channel all work will be done from
top of bank.
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? ? Yes ? No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank

El Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete If Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ? No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes X No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Yes No
? ?
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 0%
2b. Does this project require a Stormwater Management Plan? ? Yes X No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: No impervious area planned.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Town of Murphy
? Phase 11
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties

4a. Which of the following state-implemented stormwater management programs apply ? HOW
? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
S. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federaltstate/local) funds or the ? Yes ® No
use of public (federaltstate) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered 'yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
No future impacts can be proposed by current applicants because there will be little to no room left on their properties for
future projects.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. F1 Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ? No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
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 ? Yes ? No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? -TO-yes ? No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
??la 1y'1 v t PIA, La,.
///

Samuel Duncan Sr.&
Steve Forrister
? y ?

121,

Applicant/Agent's Printed Name Applicant/Agent sSignature
(Agent's signature is valid only if an authorization letter from the applicant Date
is provided.)
Page 11 of 11
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To Whom It May Concern:
The enclosed PCN Application form is for a proposed project located in
the Town of Murphy in Cherokee County. Two adjoining business owners
(Sam Duncan and Steve Forrister) are facing a difficulty that many business
owners are facing in Murphy. That difficulty is very limited parking space
for our businesses. The fact is the entire town is plagued with this problem.
We however are fortunate to have the opportunity to improve our situation if
approval of this application is granted.
Thank you for your serious consideration of our application.
Sincerely
Samuel Duncan Sr.
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245D--Braddock-Urban land complex, 2 to 15 percent slopes.
This map unit consists of areas of gently sloping to strongly sloping, well-drained, very deep Braddock soils
and areas of Urban land on high stream terraces. Braddock soils and Urban lands are so intricately mixed
to be mapped separately. This unit occurs mostly in and around the towns of Murphy and Andrews.
Individual areas can range from about 5 to 30 acres in size. A typical mapped area consists of 30 to 40
percent Braddock soils and 30 to 40 percent Urban land.
The typical sequence, depth, and composition of the layers of these Braddock soils are as follows--
Surface layer:
0 to 11 inches, reddish brown clay loam
Subsoil:
11 to 43 inches, red clay
43 to 57 inches, red clay loam
Underlying material:
57 to 60 inches, multicolored loam
Urban land consists of impervious areas that are covered with buildings, streets, sidewalks, driveways, and
parking lots.
Braddock soils have moderate permeability. Available water capacity is moderate. Organic matter content
is low. Depth to bedrock is more than 6 feet. Surface runoff is rapid due to the amount of impervious
Urban land, and the sparse vegetative cover on the Braddock soils. Water is concentrated in the concave
areas in this unit, and channel flow is common during storms.
Included with Braddock soils in mapping are areas where some or all of the natural soil has been altered or
covered as the result of grading and digging. Around commercial buildings, grading, cutting, and filling are
likely to have been extensive. Around homes, the disturbance may be largely in the form of soil
compaction. Small areas of contrasting Junaluska, Brasstown, Tsali, Northcove, and Lonon soils are also
included. Junaluska, Brasstown, and Tsali soils have loamy subsoils and soft bedrock at 10 to 60 inches.
They occur in the more sloping parts of the unit. Northcove and Lonon soils have loamy subsoils and are in
drainageways. Also included are areas that are stony and areas where the slope is more than 15 percent.
The contrasting soil inclusions make up about 25 percent of this unit.
The Braddock soils in this complex will likely continue to be used for commercial and residential building
and their associated streets, parking lots, etc. Slope, erosion, moderate shrink-swell potential, high clay
content, and slow percolation are management concerns. This unit, in general, has little topsoil remaining.
Erosion control practices are needed to control sediment pollution and decrease runoff and flooding to lower
lying areas. Hydro seeding, installing slit fences and silt catch basins are examples of such practices.
Landscaping on this unit involves the use of soil material generally high in clay with poor physical properties.
In some cases, the soil material has been compacted, further adding to the problems of landscaping. The
use of drought resistant plants, irrigation, mulching, and incorporation of supplemental applications of
fertilizer and lime may be necessary to establish landscaping plants. Water management should take into
account the potential of ponding and provide outlets for concave areas formed in landscaping.
In this map unit, Braddock soils are in capability subclass IVe and Urban land is in capability subclass Vllls.
This map unit has not been assigned a woodland ordination symbol.
245E--Braddock-Urban land complex, 15 to 30 percent slopes.
This map unit consists of areas of moderately steep, well-drained, very deep Braddock soils and areas of
Urban land on high stream terraces. Braddock soils and Urban land are so intricately mixed to be mapped
separately. Individual areas can range from about 5 to 20 acres in size. . This unit occurs mostly in and
around the towns of Murphy and Andrews. A typical mapped area consists of about 30 to 40 percent
Braddock soils and 20 to 30 percent Urban land.
The typical sequence, depth, and composition of the layers of these Braddock soils are as follows--
Surface layer:
0 to 11 inches, reddish brown clay loam
Subsoil:
11 to 43 inches, red clay
43 to 57 inches, red clay loam
Underlying material:
57 to 60 inches, multicolored loam
Urban land consists of impervious areas that are covered with buildings, streets, sidewalks, driveways, and
parking lots.
Braddock soils have moderate permeability. Available water capacity is moderate. Organic matter content
is low. Depth to bedrock is more than 6 feet. Surface runoff in this map unit is very rapid due to the amount
of impervious Urban land, and sparse vegetative cover on the Braddock soils. Water is concentrated in the
concave areas in this unit, and channel flow is common during storms.
Included with Braddock soils in mapping are areas where some or all of the natural soil has been altered or
covered as the result of grading and digging. Around commercial buildings, grading, cutting, and filling are
likely to have been extensive. Around homes, the disturbance may be largely in the form of soil
compaction. Junaluska, Brasstown, and Tsali soils have loamy subsoils and soft bedrock at 10 to 60
inches. They occur in the more sloping parts of the unit. Northcove and Lonon soils have loamy subsoils
and are in drainageways. Also included are small areas that are stony and areas where the slope is more
than 30 percent. The contrasting soil inclusions soils make up about 35 percent of this unit.
The Braddock soils in this complex will likely continue to be used for commercial and residential building
and their associated streets, parking lots, etc. Slope, erosion, moderate shrink-swell potential, high clay
content, and slow percolation are management concerns. This unit, in general, has little topsoil remaining.
Erosion control practices are needed to control sediment pollution and decrease runoff and flooding to lower
lying areas. Hydro seeding, installing slit fences and silt catch basins are examples of such practices.
Runoff should be controlled and erosion minimized. Landscaping on these soils involves the use of soil
material generally high in clay with poor physical properties. In some cases, the soil material has been
compacted, further adding to the problems of landscaping. The use of drought resistant plants, irrigation,
mulching, and incorporation of supplemental applications of fertilizer and lime may be necessary to
establish landscaping plants. Water management should take into account the potential of ponding and
provide outlets for concave areas formed in landscaping.
In this map unit, Braddock soils are in capability subclass Vle and Urban land is in capability subclass Vllls.
This map unit has not been assigned a woodland ordination symbol.