20090269 Ver 1_401 Application_20090309

M 0 2 6 9
March 11, 2009
Asheville Regulatory Field Office t+s PA I
US Army Corps of Engineers
151 Patton Avenue
Room 208
Asheville, NC 28801-5006
MAR 1 6 zoos
ATTN: Lori Beckwith
RE: Mark Fortner -Site Development Project WETLANDS AND STORMWATEBRANCH
Cherokee, NC
SUBJECT: Section 404 Permit
Herron Associates Project No. 09-01-8B
Ms. Beckwith,
I have enclosed a copy of the PCN form along with a copy of a site map indicating the
approximate area of culvert installation.
Should you have any questions or require additional information, please do not hesitate to
call me at [phone]. Thank you for your cooperation.
Sincerely,
Herro Associates
J er?erron, P.E.
President
i ' d hey ronassoczalesxovt
enclosures
cc: NC DWQ 401 /Wetlands Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (5 copies)
NC Wildlife Resources Commission, 20830 GSM Expressway, Waynesville, NC 28786
US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, NC 28805
file
E n g i n e e r i n g - S u r v e y i n g - P l a n n i n g
Herron Associates, PA. - 721 Main Street - P.O. Box 1265 - Bryson City, NC 28713
Phone: [phone] - FAX.- [phone]
N E 1 9 5 9

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information t ;,y }
1. Processing
1a. Type(s) of approval sought from the Corps: Q Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? Q Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
N 401 Water Quality Certification - Regular Q Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required? For the record only for DWQ
401 Certification:
? Yes 0 No For the record only for Corps Permit:

? Yes Q No
1f. 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 Q No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ?X No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? N Yes N No
2. Project Information
2a. Name of project: Mark Fortner - Site Development @ Mac's Indian Village
2b. County: Jackson t
2c. Nearest municipality / town: Cherokee l
2d. Subdivision name: MAR 1 6

2e.
NCDOT only, T.I.P. or state project no: H09
3. Owner Information WATER QUALITY
WETLANDS AND STORIMATER BRANCH
3a. Name(s) on Recorded Deed: Mark H. Fortner and wife, Sandra M. Fortner
3b. Deed Book and Page No. DB 1146 @ PG 828
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 25 Holly Hills Road
3e. City, state, zip: Bryson City, NC 28713
3f. Telephone no.: 828488-6298
3g. Fax no.: 828-488-0110
3h. Email address:
Page 1 of 10
PCN Form - Version 1.4 January 2009
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: Jeffrey L. Herron, P.E.
5b. Business name
(if applicable): Herron Associates, P. A.
5c. Street address: 721 Main Street - P.O. Box 1265
5d. City, state, zip: Bryson City, NC 28713
5e. Telephone no.: 828-488-8949
5f. Fax no.: 828-488-8758
5g. Email address: [e-mail]
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 7615-31-6425
1 b. Site coordinates (in decimal degrees): Latitude: 35.4619 Longitude: -83.3191
1 c. Property size: 33.5 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project: Soco Creek
2b. Water Quality Classification of nearest receiving water: C;Tr
2c. River basin: Little Tennessee
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:
Site has been cleared and fill material has been placed from the state roadway (Tee Pee Drive) to the existing stream.
Adjacent property is currently being used as residential / rental (motel and cabins)
3b. List the total estimated acreage of all existing wetlands on the property: 0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3,000
3d. Explain the purpose of the proposed project:
Residential Housing
3e. Describe the overall project in detail, including the type of equipment to be used:
Fill material will be placed using conventional equipment such as bulldozers and rollers. Culvert will be placed using a track hoe and trench compactor.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all riot phases) in the past? ? Yes ?X No ? Unknown

Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? ? Preliminary ? Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
6. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ?Yes 0 No El Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ?X Yes ? No
6b. If yes, explain.
The project will be a residential development, constructed in three (3) phases of approximately 20-Acres each. Anticipated construction activities to be
performed by the owner shall mainly consist of roadway and driveway construction for the purpose of selling 1-Ac. (approx. size) residential lot parcels.
Page 3 of 10
PCN Form - Version 1.4 January 2009
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.
Wetland impact
number
Permanent (P) or
Temporary T 2b.
Type of impact 2c.
Type of wetland 2d.
Forested 2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other) 2f.
Area of
impact
(acres)
W1 - Choose one Choose one Yes/No -
W2 - Choose one Choose one Yes/No -
W3 - Choose one Choose one Yes/No -
W4 - Choose one Choose one Yes/No -
W5 - Choose one Choose one Yes/No -
W6 - Choose one Choose one Yes/No -
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.
Stream impact
number
Permanent (P) or
Temporary (T) 3b.
Type of impact 3c.
Stream name 3d.
Perennial (PER) or
intermittent (INT)? 3e.
Type of
jurisdiction 3f.
Average
stream
width
(feet) 3g.
Impact
length
(linear
feet)
S1 P Culvert UT1 INT Corps 2 149
S2 - Choose one -
S3 - Choose one
S4 - Choose one -
S5 - Choose one _
S6 - Choose one
3h. Total stream and tributary impacts
3i. Comments:
Page 4 of 10
PCN Form - Version 1.4 January 2009
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 individuall list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary 4b.
Name of waterbody
(if applicable) 4c.

Type of impact 4d.

Waterbody
type 4e.

Area of impact (acres)
01 - Choose one Choose
02 - Choose one Choose
03 - Choose one Choose
04 - Choose one Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a.
Pond ID number 5b.
Proposed use or
purpose of pond 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
Flooded Filled Excavated Flooded Filled Excavated
P1 Choose one
P2 Choose one
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 ou MUST fill out Section D of this form.
6a. Project is in which protected basin? ? Neuse ? Tar-Pamlico ? Catawba ? Randleman ? Other:
6b.
Buffer Impact
number -
Permanent (P) or
Temporary T 6c.
Reason for impact 6d.
Stream name 6e.
Buffer
mitigation
required? 6f.
Zone 1
impact
(square
feet 6g.
Zone 2
impact
(square
feet
B1 - Yes/No
B2 - Yes/No
B3 - Yes/No
B4 - Yes/No
B5 - Yes/No
B6 - Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Stream crossings will be minimized and where applicable owner will utilize an arch pipe culvert bridge (bottomless culvert) in order to eliminate
streambed disturbance with no impact to the streambed.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Equipment will not be allowed to cross the open stream. Culvert invert will be installed 6" below natural streambed to allow natural streambed material
to gather and reform inside the proposed culvert.
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 ?X 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: Choose one
Type: Choose one
Type: Choose one Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Makin 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: Choose one
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 6 of 10
PCN Form -Version 1.4 January 2009
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
buffer mitigation? Yes 0 No
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.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(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 7 of 10
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 ? 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
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:
The specific drainage area in question is less than 7% (well below the required 24% maximum)
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Jackson
? Phase II
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
?HQW
4a. Which of the following state-implemented stormwater management programs apply ?ORW
(check all that apply):
?Session Law 2006-246
?Other:
4b. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
5. 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 8 of 10
PCN Form - Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes X? No
use of public (federal/state) 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 Q No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ?Yes ?X 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 ?X 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.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewate r generated from
the proposed project, or available capacity of the subject facility.
Proposed housing win be connected to Eastern Band of Cherokee Indians, Tribal Utilities.
Page 9 of 10
PCN Form - Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or X Yes No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act 0 Yes ? No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
North Carolina Natural Heritage Program
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes 0 No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
South Atlantic Habitat and Ecosystem IMS
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 ?X 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?
North Carolina State Historic Preservation Office - National Register
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? 0 Yes ? No
8b. If yes, explain how project meets FEMA requirements:
Site will be filled to elevate proposed building pads above 100-year floodplain without encroaching in the floodway
8c. What source(s) did you use to make the floodplain determination?
FIRM 3700-7615-P preliminary effective date March 19, 2008
Mark Fortner
X1111111 'a"11- 02-26-2009
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10

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