20060835 Ver 1_COMPLETE FILE_20060518

O?O? W A T ?9pG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 15, 2006
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7005 3110 0003 5474 0165
Joan G. MacNeill
Osceola, LLC
Post Office Box 40
Webster, NC 28788
Subject Property: Osceola Pond
Webster, NC
REQUEST FOR MORE INFORMATION
Dear Mrs. MacNeill:
DWQ Project # 06-0835
Jackson County
On August 1, 2006, the Division of Water Quality (DWQ) mailed you a third additional
information request in regards to your request to perform work along an unnamed
tributary to the Tuckasegee River in the Webster area. As of today, the DWQ has not
received a response to this request. Therefore, we are returning your application as
incomplete in accordance with 15A NCAC 2H .0506.
As you have no authorization under Section 401 of the Clean Water Act for this activity,
and work within waters of the state would be a violation of North Carolina General
Statutes and Administrative Code. Please call Ms. Cyndi Karoly at 919-733-1786 or Mr.
Kevin Barnett at 828-296-4657 if you have any questions this matter.
AvinH arnett
, Environmental Chemist
Surface Water Protection
C Klkhb
cc: Ben Graning, B. H. Graning Landscapes, Inc.
267 Berry Mountain Road
771 7,
Sylva, NC 28779 .a II ?r = IRF?
Cyndi Karoly, DWQ, Wetlands / 401 Permitting Unit's w?>
USACE Asheville Regulatory Field Office SEP 0 2006'
File Copy ;
Yw
?-4
z: R
C u -L
sYtfD 51i_
Central Files `
Filename: 06-0835.OsceolaLLC. returned
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
NorthCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 1, 2006
CERTIFIED MAIL: RETURN RECEIPT REQUESTED 7005 1820 0002 9207 2591
Joan G. MacNeill
Osceola, LLC
Post Office Box 40
Webster, NC 28788
Subject Property: Osceola Pond
Webster, NC
REQUEST FOR MORE INFORMATION
Dear Mrs. MacNeill:
g 2006
AEG ?
?,D?NNJ3'ro S?^?B?H
On July 18, 2006, the Division of Water Quality (DWQ) received your Additional
Information response to impact 44 linear feet of streams to construct the proposed
Osceola, LLC pond. The DWQ has determined that your application continues to be
incomplete and/or provided inaccurate information as discussed below. The DWQ will
require additional information in order to process your application to impact protected
wetlands and/or streams on the subject property. Therefore, unless we receive the
additional information requested below, we will have to move toward denial of your
application as required by 15A NCAC 2H .0506 and will place this project on hold as
incomplete until we receive this additional information. Please provide the following
information so that we may continue to review your project.
Additional Information Requested:
1. Impact Justification (Avoidance and Minimization)
Under Section VII of your application you did not provide a "justification" for the
impacts as requested within this section. You must provide a thorough and
thoughtful discussion as to how impacts have been avoided or minimized,
including, but not limited to a "no action" alternative. You must address the
question of how your proposed "impacts" are absolutey the minimum necessary to
have your development.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: www.ncwaterquality.org
DWQ Project # 06-0835
Jackson County
W thCarolina
NatllClll/f
An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper
Osceola, LLC
Page 2 of 2
August 1, 2006
2. Stormwater Management
Under Section XI of your submitted application, you have provided no description
as to how stormwater for this site mill be managed over the life of the site. You
must provide a thorough and thoughtful discussion as to how stormwater will be
managed on this site. This discussion shall go beyond just a discussion of
construction sediment and erosion control practices up to and including the
management of stormwater agter the development is built out.
Please respond prior to the end of business on August 15, 2006 by sending this
information to me in writing and Mrs. Cyndi Karoly of the DWQ 401 Central Office. If we
do not hear from you prior to the end of business on August 15, 2006, we will assume
that you no longer :want to pursue this project and we will consider the project as
withdrawn.
This letter only addresses the application review and does not authorize any impacts to
wetlands, waters or protected buffers. Please be aware that any impacts requested
within your application are not authorized (at this time) by the DWQ. Please call Kevin
Barnett at 828-296-4657 if you have any questions regarding or would like to set up a
meeting to discuss this matter.
Sincerely,
Gw-?
Roger C. dwards, Regional Supervisor
R-J?
Surface Water Protection Unit
Division of Water Quality
JRDlkhb
cc: Ben Graning,
B. H. Graning Landscaped, Inc.
267 Berry Mountain Road
Sylva, NC 28779
Cyndi Karoly, 401 Central Office
David Baker, USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: 06-0835.OsceolaPond.addinfo#3
L, -
July 13, 2006
Mr. Roger C. Edwards, Regional Supervisor
Surface Water Protection Unit
Division of Water Quality
2090 US Highway 70
Swannanoa, NC 28778
Subject: DWQ Project # 06-0835, Jackson County
Dear Mr. Edwards:
The additional information you requested is as follows:
1. Impact Justification
Q?c??oec?Q
JUL 1 7 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
The area that is being considered for impacts is adjacent to a recreational area at the entrance
to an undeveloped subdivision. This area has a large outdoor stone fire place as well as
benches and will be used by future residents as a gathering place. The stream running beside
this area is a small UT to the Tuckasegee River. We feel that the construction of a rock wall
and dam will beautify the stream making the area more attractive to potential buyers thus
increasing the value of the surrounding area.
2. Stormwater Management
At this time there are no homes or structures on the surrounding property. Due to the lack of
impervious surfaces we fill there will be no negative impacts for stormwater management.
3. Project Information
On the PCN application I stated that the impact would be a dam that was 3 linear feet long by
8 linear feet wide. I did not include the rock wall on either side of the stream as an impact.
Including the rock wall there will actually be 44 linear feet of impacts on this stream.
Your earliest consideration of this project will be greatly appreciated. If you have any questions
you can reach me at 828-508-6062.
Sincerely,
d7? Cyr'Gl?li?? !^?
B. H. Graning
BHG/waj
cc: Mrs. Cyndi Karoly
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June 21, 2006
Mr. Roger C. Edwards, Regional Supervisor
Surface Water Protection Unit
Division of Water Quality
2090 US Highway 70
Swannanoa, NC 28778
Subject: DWQ Project # 06-0835, Jackson County
Dear Mr. Edwards:
Attached is the Vicinity Map, Site Plan, Soil Survey, and USGS Quad Map you requested.
The actual rock used to construct this dam will be purchased flat rock in approximate 1 foot
lengths and 5 to 6 inch heights that will be adhered to each other with mortar.
This project is being done as an enhancement to the aesthetic quality of this unamed tributary.
Therefore, the only way to minimize impacts is by not using motorized equipment on the site of
the project.
The best management practices will be used to-minimize and control sedimentation and erosion
on this project. The construction foreman will review all erosion control measures daily to
ensure sedimentation and erosion is being effectively controlled. If the planned devices are not
functioning as intended, they will be immediately replaced with better devices.
Sincerely,
?c? OAV4'*?
B. H. Graning
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cc: Mrs. Cyndi Kuoly ???
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Soil Survey
duces a lower volume of timber and has fewe
de 'able species than highly productive soils, s ch as
Trim t soils. The slope, compaction, and the s vere
hazard If erosion are management concerns. a most
common ees are scarlet oak, chestnut oak, ack oak,
white oak, astern white pine, pitch pine, Vir nia pine,
hickory, yell w-poplar, northern red oak, an black
locust.
Hardwoods enerally are preferred in st nds that
have the poten 'al for reforestation throng sprouting
and where hard ood seedlings are avail le. In cutover
areas cutting all the trees and large s ubs increases
the number and q lity of the sprouts.
Old fields and of er idle areas natura y reseed to
Virginia pine, pitch p e, eastern white ine, and black
locust. Genetically im roved eastern w ite pine
commonly is planted i areas, such a old fields, where
the potential for refores tion is not g od and seedlings
are not available. In cut er stands, reparing a site by
prescribed burning or ap ications o herbicide
increases the seedling sur ival rate and controls plant
competition. Preparing a sit by pr scribed burning also
minimizes the amount of de is a d the hazard of
wildfires and lowers planting s . Plant competition
should be controlled again a f years after planting.
Restricting the use of heavy quipment to dry periods
or to periods when the ground is frozen helps to prevent
soil compaction. When this p it is wet, skid trails
and unsurfaced roads are s ft an slick because of the
slope and the content of cl y in th subsoil.
This map unit is well su' ed to pa ture and hay. The
slope, difficult access acr ss the ste p terrain, and the
severe hazard of erosio are manag ent concerns.
Erosion is a hazard in a eas where pi nts are becoming
established and in spar ely vegetated r overgrazed
areas. Keeping the pa ure and haylan in good
condition helps to con of erosion and c nserves water.
This map unit is m derately suited to pecialty crops,
such as apples, Ian caping plants, and hristmas
trees. The slope, di icult access across t e steep
terrain, and the se ere hazard of erosion re
management con erns. The most common landscaping
plants are Norw spruce, mountain laurel, nd
rhododendron. astern white pine is grown r use as
Christmas tre s. Establishing and maintainin sod in
appropriate eas minimize erosion, conserve water,
and help to ontrol runoff. Vegetative filter stri s can
improve w ter quality and provide wildlife habi t.
This p unit is moderately suited to buildin site
develo ent. Difficult access across the steep t rrain,
the sl pe, and the severe hazard of erosion are e
mai management concerns. Excavations for dw lings
wi basements and the installation of septic tank
ab rption fields are hampered by the dep to
weat red bedrock in areas of the Cow soil.
This p unit is moderately suited some
recreationa ses, such as campsite and hiking trails.
Because the t is on ridgetops, mpsites that have a
convenient sourc of water are carce. The severe
hazard of erosion a freezi and thawing increase
the need for the trails be roperly maintained.
This map unit is poorl uited to row crops. The
slope, difficult access ro the steep terrain, and the
severe hazard of ero ' n are anagement concerns.
This map unit is oderately ited to access roads.
The slope, the se re hazard of a sion, and freezing
and thawing are a main manage nt concerns.
Revegetating d maintaining areas t t have been cut
and filled ar difficult. Because unsurfa d roads are
easily erod d and are soft and slick whe wet, they
should be urfaced and properly maintaine for year-
round u
The apability subclass is IVe. Based on ch tnut
oak s the indicator species, the woodland ordin ion
sy of is 4A in areas of the Evard soil and 3D in eas;
the Cowee soil.
EvD-Evard-Cowee complex, 15 to 30 percent
slopes. This map unit occurs mainly as areas of a very'
deep Evard soil and a moderately deep Cowee soil.
Both soils are well drained. The unit is on moderately
steep, south- to west-facing ridgetops and side slopes
in the low mountains. Areas on ridgetops are long and
narrow, and areas on side slopes are irregular in shape.
They range from 5 to 40 acres in size. Typically, they
are 50 to 60 percent Evard soil and 20 to 30 percent
Cowee soil. The two soils occur as areas too intricately'
mixed and too small to be mapped separately.
The typical sequence, depth, and composition of the
layers in the Evard soil are as follows-
Surface layer:
0 to 6 inches, dark brown and strong brown gravelly
loam
Subsoil:
6 to 27 inches, red clay loam
27 to 35 inches, mottled red, yellowish red, and
strong brown loam
Underlying material:
35 to 60 inches, multicolored sandy loam saprolite
The typical sequence, depth, and composition of the
layers in the Cowee soil are as follows-
Surface layer:
0 to 5 inches, reddish brown gravelly sandy loam
Jackson County, North Carolina
Subsoil:
5 to 27 inches, red gravelly sandy loam and gravelly
sandy clay loam
Weathered bedrock:
27 to 60 inches, multicolored,
grade metamorphic bedrocN
weathered, high-
Permeability is moderate in both soils. The depth to
;bedrock is more than 60 inches in the Evard soil. The
;depth to weathered bedrock is 20 to 40 inches in the
Cowee soil. Surface runoff is slow in areas where
`undisturbed forest litter is on the surface and rapid
where the litter has been removed.
Included in mapping are small areas of Fannin and
Saunook soils. Fannin soils have more mica than the
Evard and Cowee soils. Saunook soils are along
drainageways and have a dark surface layer. Included
soils make up about 15 percent of this map unit.
Also included in mapping are soils that are similar to
the Evard and Cowee soils but have more clay in the
subsoil or are browner in color.
Much of the acreage in this map unit is used as
woodland. Other areas are used as pasture or hayland
or for specialty crops, recreational development, or
building site development.
This map unit is moderately suited to commercial
timber. It produces a lower volume of timber and has
fewer desirable species than highly productive soils,
such as Trimont soils. The slope, compaction, and the
severe hazard of erosion are management concerns.
The most common trees are scarlet oak, chestnut oak,
black oak, white oak, eastern white pine, pitch pine,
Virginia pine, hickory, yellow-poplar, northern red oak,
and black locust.
Hardwoods generally are preferred in stands that
have the potential for reforestation through sprouting
and where hardwood seedlings are available. In cutover
areas cutting all of the trees and large shrubs increases
the number and quality of the sprouts.
Old fields and other idle areas naturally reseed to
Virginia pine, pitch pine, eastern white pine, and black
locust. Genetically improved eastern white pine
commonly is planted in areas, such as old fields, where
the potential for reforestation is not good and seedlings
are not available. In cutover stands, preparing a site by
prescribed burning or applications of herbicide
increases the seedling survival rate and controls plant
competition. Preparing a site by prescribed burning also
minimizes the amount of debris and the hazard of
wildfires and lowers planting costs. Plant competition
should be controlled again a few years after planting.
Restricting the use of heavy equipment to dry periods
or to periods when the ground is frozen helps to prevent
75
soil compaction. When this map unit is wet, skid trails
and unsurfaced roads are soft and slick because of the
content of clay.
This map unit is moderately suited to pasture and
hayland. The slope, difficult access across the steep
terrain, and the severe hazard of erosion are the main
management concerns. Erosion is a hazard in areas
where plants are becoming established and in sparsely
vegetated or overgrazed areas. Keeping the pasture
and hayland in good condition helps to control erosion
and conserves water. Operating farm equipment is
difficult on this map unit.
This map unit is moderately suited to specialty crops,
such as apples, landscaping plants, and Christmas
trees. The slope, difficult access across the steep
terrain, and the severe hazard of erosion are the main
management concerns. The most common landscaping
plants are Norway spruce, mountain laurel, and
rhododendron. Eastern white pine is grown for use as
Christmas trees. Establishing and maintaining sod in
appropriate areas minimize erosion, conserve water,
and help to control runoff. Vegetative filter strips can
improve water quality and provide wildlife habitat.
This map unit is poorly suited to building site
development because of the slope, difficult- access
across the steep terrain, and the severe hazard of
erosion. Excavations for dwellings with basements and
the installation of septic tank absorption fields are
hampered by the depth to weathered bedrock in areas
of the Cowee soil.
This map unit is moderately suited to some
recreational uses, such as campsites and hiking trails.
Campsites that have a dependable source of water are
scarce in areas on ridgetops. The slope, the severe
hazard of erosion, and freezing and thawing increase
the need for the trails to be properly maintained.
This map unit is poorly suited to row crops. The
slope, difficult access across the steep terrain, and the
severe hazard of erosion are management concerns.
This map unit is poorly suited to access roads. The
slope, the severe hazard of erosion, and freezing and
thawing are the main management concerns.
Revegetating and maintaining areas that have been cut
and filled are difficult. Hydroseeding is a good way to
revegetate bare areas. Because unsurfaced roads are
easily eroded and are soft and slick when wet, they
should be surfaced and properly maintained for year-
round use.
The capability subclass is Vle. Based on chestnut
oak as the indicator species, the woodland ordination
symbol is 4R in areas of the Evard soil and 3R in areas
of the Cowee soil.
76
EvE-Evard-Cowee complex, 30 to 50 percent
slopes. This map unit occurs mainly as areas of a very
deep Evard soil and a moderately deep Cowee soil.
Both soils are well drained. The unit is on steep, south-
to west-facing ridgetops and side slopes in the low
mountains. Areas on ridgetops are long and narrow,
and areas on side slopes are irregular in shape. They
range from 10 to 75 acres in size. Typically, they are 50
to 60 percent Evard soil and 20 to 30 percent Cowee
soil. The two. soils occur as areas too intricately mixed
and too small to be mapped separately.
The typical sequence, depth, and composition of the
layers in the Evard soil are as follows-
Surface layer:
0 to 6 inches, dark brown and strong brown gravelly
loam
Subsoil:
6 to 27 inches, red clay loam
27 to 35 inches, mottled red, yellowish red, and
strong brown loam
Underlying material:
35 to 60 inches, multicolored sandy loam saprolite
The typical sequence, depth, and composition of the
layers in the Cowee soil are as follows-
Surface layer:
0 to 5 inches, reddish brown gravelly sandy loam
Subsoil:
5 to 27 inches, red gravelly sandy loam and gravelly
sandy clay loam
Weathered bedrock:
27 to 60 inches, multicolored, weathered, high-
grade metamorphic bedrock
Permeability is moderate in both soils. The depth to
bedrock is more than 60 inches in the Evard soil. The
depth to weathered bedrock is 20 to 40 inches in the
Cowee soil. Surface runoff is slow in areas where
undisturbed forest litter is on the surface and rapid
where the litter has been removed. - _- -"
Included in mapping are small areas of contrasting
Fannin and Saunook soils. Fannin soils have more mica
than the Evard and Cowee soils. Saunook soils are
along drainageways and have a dark surface layer.
Included soils make up about 15 percent of this map
unit.
Also included in mapping are soils that are similar to
the Evard and Cowee soils but have a browner subsoil
or have more rocks on the surface.
Much of the acreage in this map unit is used as
woodland. Other areas are used as pasture or hayland
Soil Survey
or for specialty crops, recreational development, or
building site development.
This map unit is poorly suited to commercial timber.
It produces a lower volume of timber and has fewer
desirable species than highly productive soils, such as
Trimont soils. The slope, compaction, and the severe
hazard of erosion are management concerns. The most
common trees are scarlet oak, chestnut oak, black oak,
white oak, eastern white pine, pitch pine, Virginia pine,
hickory, yellow-poplar, northern red oak, and black
locust.
Hardwoods generally are preferred in stands that
have the potential for reforestation through sprouting
and where hardwood seedlings are available. In cutover
areas cutting all of the trees and large shrubs increases
the amount and quantity of the sprouts.
Old fields and other idle areas naturally reseed to
Virginia pine, pitch pine, eastern white pine, and black
locust. Genetically improved eastern white pine
commonly is planted in areas, such as old fields, where
the potential for reforestation is not good and seedlings
are not available. In cutover stands, preparing a site by
prescribed burning or applications of herbicide
increases the seedling survival rate and controls plant
competition. Preparing a site by prescribed burning also
minimizes the amount of debris and the hazard of
wildfires and lowers planting costs. Plant competition
should be controlled again a few years after planting.
Restricting the use of heavy equipment to dry periods
or to periods when the ground is frozen helps to prevent
soil compaction. When this map unit is wet, skid trails
and unsurfaced roads are soft and slick because of the
slope and the content of clay.
This map unit is poorly suited to pasture and is
unsuited to hay because of the slope, difficult access
across the steep terrain, and the severe hazard of
erosion. Erosion is a hazard in areas where plants are
becoming established and in sparsely vegetated or
overgrazed areas. Keeping the pasture in good
condition helps to control erosion and conserves water.
Operating farm equipment is dangerous on this map
unit.
- This map unit is poorly suited to specialty crops. In
some areas, however, specialty crops are grown,
especially eastern white pine for use as Christmas
trees. The slope and the severe hazard of erosion are
management concerns. Operating farm equipment is
dangerous on this map unit. Specialty crops generally
are planted by hand. A few areas are used for growing
Norway spruce, mountain laurel, and rhododendron.
Establishing and maintaining sod in appropriate areas
minimize erosion, conserve water, and help to control
runoff. Vegetative filter strips can improve water quality
and provide wildlife habitat.
1 !
Jackson County, North Carolina
This map unit is poorly suited to building site
development. The slope and the severe hazard of
erosion are the main management concerns.
Excavations for dwellings with basements and the
installation of septic tank absorption fields are
hampered by the depth to weathered bedrock in areas
of the Cowee soil.
t This map unit is poorly suited to recreational uses,
'such as campsites and hiking trails. The slope, the
severe hazard of erosion, and freezing and thawing are
the main management concerns and increase the need
for the trails to be properly maintained.
This map unit is unsuited to row crops. The slope
and the severe hazard of erosion are. management
This map unit is poorly suited to access roads. The
slope, the severe hazard of erosion, and freezing and
thawing are the main management concerns.
Revegetating and maintaining areas that have been cut
and filled are difficult. Hydroseeding is a good way to
revegetate steep, bare areas. Vegetative filter strips can
improve water quality and provide wildlife habitat.
Because unsurfaced roads are easily eroded and are
soft and slick when wet, they should be surfaced and
properly maintained for year-round use.
The capability subclass is Vile. Based on chestnut
oak as the indicator species, the woodland ordination
symbol is 4R in areas of the Evard soil and 3R in areas
<of the Cowee soil.
vF-Evard-Cowee complex, 50 to 95 percen
slop . This map unit occurs mainly as areas of very
deep rd soil and a moderately deep Cowee oil.
Both soils re well drained. The unit is on ste p, south-
to west-faci side slopes in the low mount ns.
typical sequence, depth, and composition
in the Cowee soil are as follows-
`ad layer:
0 to inches, reddish brown gravelly sandy
Subsoil:
5 to 2 inches, red gravelly sandy loam a gravelly
sand clay loam
Weathered b rock:
27 to 60 i hes, multicolored, weathere , high-
grade m tamorphic bedrock
Permeability i moderate in both soils. a depth to
bedrock is more an 60 inches in the Ev rd soil. The
depth to weathere bedrock is 20 to 40 ' ches in the
Cowee soil. Surfac runoff is slow in ar as where
undisturbed forest Ii ter is on the surfa a and rapid
where the litter has een removed.
Included in mappi are small are s of contrasting
Fannin and Saunook ils. Fannin ils have more mica
than the Evard and Co ee soils. S unook soils are
along drainageways an have a
Included soils make up bout 15
unit.
Also included in mappi g
the Evard and Cowee soil
or have more rocks on the
Nearly all of the acreage
woodland. A few areas are
development.
This map unit is poorly
It produces a lower volu
desirable species than gh
surface layer.
;ent of this map
ar soils thbat are similar to
le have a rowner subsoil
ae.
his map unit is used as
d for recreational
of
Trimont soils. The slop , com
hazard of erosion are anag(

common trees are
Individual area are irregular in shape an range from white oak, eastern
10 to 100 acres size. Typically, they a 50 to 60 hickory, yellow-pol
percent Evard soil d 20 to 30 perce Cowee soil. locust.
to commercial timber.
fiber and has fewer
eductive soils, such as
tion, and the severe
t concerns. The most
irlet oak, ch tnut oak, black oak.
ite pine, pitc pine, Virginia pine,
, northern red ak, and black
The two soils occur areas too int ately mixed and d roll are referred stands that
too small to be mapp
The typical sequence, 0)
layers in the Evard soil are
Surface layer:
0 to 6 inches,
loam
77
del Hardwoo s gee y p
have the potenti I for reforestation thro gh sprouting
and composition of the and where har ood seedlings are avai ble. In cutover
follows- areas cutting I of the trees and large sh ubs increases
---- -- -- - ------the amount d quantity-of the sprouts.
Old fields and other idle areas naturally seed to
annN,strong brown gravelly Virginia pi , pitch pine, eastern white pine, nd black
Subsoil: \
6 to 27 in es, red clay loam
27 to 3 nches, mottled red, yellowish
str a brown loam
lerlIng material:
35 to 60 inches, multicolored sandy loam
locust. G etically improved eastern white pin
common is planted in areas, such as old field , where
the pot tial for reforestation is not good and se dlings
and are no available. In cutover stands, preparing a 'te by
pres ibed burning or applications of herbicide
incr ases the seedling survival rate and controls pI nt
competition. Preparing a site by prescribed burning sc
,aoro ite minimizes the amount of debris and the hazard of
0? W ATFi4QG Michael F. Easley, Governor
William G. Ross Jr., Secretary
t-^ North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of WaterQuality
July 3, 2006
DWQ Project # 06-0835
Jackson County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Joan G. MacNeill
Osceola, LLC
Post Office Box 40
Webster, NC 28788
Subject Property: Osceola Pond
Webster, NC
REQUEST FOR MORE INFORMATION
Dear Mrs. MacNeill:
On June 23, 2006, the Division of Water Quality (DWQ) received your Additional
Information response to impact 3 linear feet of streams to construct the proposed
Osceola, LLC pond. The DWQ has determined that your application continues to be
incomplete and/or provided inaccurate information as discussed below. The DWQ will
require additional information in order to process your application to impact protected
wetlands and/or streams on the subject property. Therefore, unless we receive the
additional information requested below, we will have to move toward denial of your
application as required by 15A NCAC 2H .0506 and will place this project on hold as
incomplete until we receive this additional information. Please provide the following
information so that we may continue to review your project.
Additional Information Requested:
1. Impact Justification (Avoidance and Minimization)
Under Section VII of your application you did not provide a "justification" for the
impacts as requested within this section. You must provide a thorough and
thoughtful discussion as to how impacts have been avoided or minimized,
including, but not limited to a "no action" alternative.
2. Stormwater Management
Under Section XI of your submitted application, you have provided no description
as to how stormwater for this site mill be managed over the life of the site. You
must provide a thorough and thoughtful discussion as to how stormwater will be
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: www.ncwaterquality.org
lvorthCarolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Osceola, LLC
Page 2 of 2
July 3, 2006
managed on this site. This discussion shall go beyond just a discussion of
construction sediment and ersion control practices.
3. Project Information
Under Section III 10, you describe your project as a small wall above the high water
mark and a small dam across the stream. Under Section VI 3 on the submitted
application, you indicate that the impacts will be 3 linear feet long by 8 linear feet
wide. The submitted Additional Information includes a drawing which shows that
the project will have an impact of 44 linear feet of stream. You must modify your
application to indicate the true amount of impact associated with your project.
Please respond prior to the end of business on July 17, 2006 by sending this
information to me in writing and Mrs. Cyndi Karoly of the DWQ 401 Central Office. If we
do not hear from you prior to the end of business on July 17, 2006, we will assume that
you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to
wetlands, waters or protected buffers. Please be aware that any impacts requested
within your application are not authorized (at this time) by the DWQ. Please call Kevin
Barnett at 828-296-4657 if you have any questions regarding or would like to set up a
meeting to discuss this matter.
Sincer ly,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Unit
Division of Water Quality
J RDlkhb
cc: Ben ranin
G g,
B. H. Graning Landscaped, Inc. JUL 0 7 2006
267 Berry Mountain Road
Sylva, NC 28779 ='d pdt t bAALP
Cyndi Karoly, 401 Central Office ?({At¢pl?!OT°".., ??
David Baker, USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: 06-0835.OsceolaPond.addinfo#2
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 12, 2006
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Joan G. MacNeill
Osceola, LLC
Post Office Box 40
Webster, NC 28788
7005 0390 00013553 0735
Subject Property:
Osceola Pond
Webster, NC
REQUEST FOR MORE INFORMATION
Dear Mrs. MacNeill:
DWQ Project # 06-0835
Jackson County
JUN 2 0 2006
DENR - WATER QUALITY
WETLANDS AND STORRMWATER BRANCH
On May 18, 2006, the Division of Water Quality (DWQ) received your application to
impact 3 linear feet of streams to construct the proposed Osceola, LLC pond. The DWQ
has determined that your application was incomplete and/or provided inaccurate
information as discussed below. The DWQ will require additional information in order to
process your application to impact protected wetlands and/or streams on the subject
property. Therefore, unless we receive the additional information requested below, we
will have to move toward denial of your application as required by 15A NCAC 2H .0506
and will place this project on hold as incomplete until we receive this additional
information. Please provide the following information so that we may continue to review
your project.
Additional Information Requested:
Project Information
a. No Vicinity Map was attached as required in the directions of Section II.
b. No Site Plan was attached as required in the directions of Section II.
c. No oil Survey was attached as required in the directions of Section II.
d. No USGS Topographic Map was attached as required in the directions of
Section II.
e. Under Section II Item 10, you reference that the dam will be constructed
from "river rock." The act of excavation of river rock is a violation of the NC
Administrative Code as a Removal of Best Use. Additionally, without shear
stress analysis, this office has no way of determining that the proposed
project will withstand storm events. An alternative stone type and sizing
based of shear stress analysis must be submitted.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: www.ncwaterquality.org
Wore n
thCarolina
,Naturallif
An Equal Opportunity/Affirmative Action Employe- 50% Recycled/10% Post Consumer Paper
Osceola, LLC
Page 2 of 2
June 12, 2006
2. Impact Justification (Avoidance and Minimization)
Under Section VII of your application you did not provide a "justification" for the
impacts as requested within this section. You must provide a thorough and
thoughtful discussion as to how impacts have been avoided or minimized,
including, but not limited to a "no action" alternative.
3. Stormwater Management
Under Section XI of your submitted application, you have provided no description
as to how stormwater for this site mill be managed over the life of the site. You
must provide a thorough and thoughtful discussion as to how stormwater will be
managed on this site.
Please respond within 10 business days of the date of this letter by sending this
information to me in writing and Mrs. Cyndi Karoly of the DWQ 401 Central Office. If we
do not hear from you within 10 business days, we will assume that you no longer want
to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to
wetlands, waters or protected buffers. Please be aware that any impacts requested
within your application are not authorized (at this time) by the DWQ. Please call Kevin
Barnett at 828-296-4657 if you have any questions regarding or would like to set up a
meeting to discuss this matter.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Unit
Division of Water Quality
J RDlkhb
cc: Ben Graning, ®?L1
B. H. Graning Landscaped Inc.
267 Berry Mountain Road JUN 2 8 2006
Sylva, NC 28779 DENR - 060 ? R «tj??. Ty
Cyndi Karoly, 401 Central Office WETLWsmDS;"RM1NA? RBRANCH
David Baker, USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: 06-0835.OsceolaPond. add info
Triage Check List
Date: 5/26/06
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 5/18/06 to 7/16/06
From: Cyndi Karoly Telephone: [phone]
Project Name: Osceola, LLC
DWQ #:06-0835
County: Jackson
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
f
Office Use Only: Form Version May 2002
3 5
USAGE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
L Processing t
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts (verify availability with NCEEP prior to submittal of PCN),
complete section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), the i n
gn
H. Applicant Information MAY 1 g 2006 U
1. Owner/Applicant Information DENR - WATER QUALITY
Name: Osceola, LLC c/o Joan G. MacNeill, Manager sA40 stoWw, ewwc41
Mailing Address: PO Box 40
Webster NC 28788
Telephone Number: Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Ben Graninia
Company Affiliation: B. H. Graning Landscapes, Inc.
Mailing Address: 267 Berry Mountain Road
S lvya, NC 28779
Telephone Number: 1-828-631-0515 Fax Number:
E-mail Address:
Page 1 of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: N/A
2. T.I.P. Project Number or State Project Number (NCDOT Only): NIA
3. Property Identification Number (Tax PIN): n/a
4. Location
County: Jackson Nearest Town: Webster
Subdivision name (include phase/lot number): n/a
Directions to site (include road numbers, landmarks, etc.): From S,ylva take NC 107 towards
Cullowhee Turn night on NC 116 Follow NC 116 to SR 1348 Turn right on SR 1348 and
go approximately 0.8 miles. This is the Project
5. Site coordinates, if available (UTM or Lat/Long)J5 355° N 83.216°W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 0.01 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Tuckasegee River B, Tr
8. River Basin: Little Tennessee
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Residential woodlands
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
This project includes the construction of a small wall above the high water mark to be
constructed with river rock and a small dam in the stream also to be constructed with river
rock Equipment to be used will be shovels and Manual Labor.
11. Explain the purpose of the proposed work:-
This is a landscaping _project for aesthetic purposes.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No additional permits have been applied for in the past.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional permits are anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Pond Creation
Page 3 of 8
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres) Located within
100 year Floodplain**
(es/no) Distance to
Nearest Stream
inear feet
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htti)://vwxv.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of
Impact Average Width Perennial or
Site Number Type of Impact*
( Stream Name** of Stream Intermittent?
(indicate on map) feet Before Impact (please specify)
l Rock Dam 3' x 8' UT to Tuckasegee River 6" Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net losstgain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
* * Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usas.Qov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 3
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Page 4 of 8
Open Water Impact
Site Number

(indicate on ma
Type of Impact* Area of
Impact

(acres)
Name of Waterbody
(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ® stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): dam
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): aesthetic
Size of watershed draining to pond: 25 acres Expected pond surface area: 30 sq. ft.
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Impacts cannot be avoided. All work will be done without the use of motorized equipment
VIIL Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
Page 5 of 8
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetiands/stnn,,aide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCEEP, check the NCEEP website at http://www.nceep.net. If use of the NCEEP is
proposed, please check the appropriate box on page three and provide the following
information:
Amount of stream mitigation requested (linear feet): 3
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 6 of 8
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No Z
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/A )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impafct
(scmare Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
Page 7 of 8

N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
N/A
XII. Sewage Disposal (required by DWQ)
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.
No wastewater will be generated from the proposed project
XM. Violations (required by DWQ)
Is this sito in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances.(Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
Ng
tb
Applicant/Agenes Signature v Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
i
Office Use Only: Form Vesion May 2002
t
USAGE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
L
H.
Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ?
? Section 10 Permit ?
® 401 Water Quality Certification
Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ
2. Nationwide, Regional or General Permit Number(s) Requested: 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts (verify availability with NCEEP prior to submittal of PCN),
complete section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check heF;a
p- 0W1RD
Applicant Information

MAY 1 8 2006
1. Owner/Applicant Information DENR - WATER QUALiTy
.Name: Osceola, LLC c/o Joan G. MacNeill, Manager wEwm Am sT0RUWATER 8
Mailing Address: PO Box 40
Webster NC 28788
Telephone Number:
E-mail Address:
Fax Number:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Ben Graning
Company Affiliation: B. H. Graning Landscapes, Inc.
Mailing Address: 267 Berry Mountain Road
S,ylva, NC 28779
Telephone Number: 1-828-631-0515 Fax Number:
E-mail Address:
Page 1 of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: N/A
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): n/a
4. Location
County: Jackson Nearest Town: Webster
Subdivision name (include phase/lot number): n/a
Directions to site (include road numbers, landmarks, etc.): From Sylva take NC 107 towards
Cullowhee Turn right on NC 116. Follow NC 116 to SR 1348. Turn right on SR 1348 and
go approximately 0.8 miles. This is the Project
5. Site coordinates, if available (UTM or Lat/Long):.35 355° N 83.216°W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 0.01 acres
7. Nearest body ofwater (stream/river/sound/ocean/lake): Tuckasegee River B, Tr
8. River Basin: Little Tennessee
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Residential woodlands
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
This project includes the construction of a small wall above the high water mark to be
constructed with river rock and a small dam in the stream also to be constructed with river
rock Equipment to be used will be shovels and Manual Labor.
11. Explain the purpose of the proposed work:-
This is a landscaping project for aesthetic purposes
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No additional permits have been applied for in the past
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional permits are anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Pond Creation
Page 3 of 8
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
ear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.agov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact en of Average Width Perennial or
Site Number Type of Impact*
(linear Stream Name** of Stream Intermittent?
(indicate on map)
feet) Before Impact (please specify)
1 Rock Dam 3' x 8' UT to Tuckasegee River 6" Perennial
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 3
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Page 4 of 8
Open Water Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Pond Creation
if construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ® stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): dam
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): aesthetic
Size of watershed draining to pond: 25 acres Expected pond surface area: 30 N. ft.
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Impacts cannot be avoided All work will be done without the use of motorized equipment.
VEIL Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
Page 5 of 8
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetiands/strrnRide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCEEP, check the NCEEP website at http://www.nceep.net. If use of the NCEEP is
proposed, please check the appropriate box on page three and provide the following
information:
Amount of stream mitigation requested (linear feet): 3
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 6 of 8
IX.
X.
Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No 0
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify NIA )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
*
Zone Impact
(square feet)
Multiplier Required
tion
1 3
2 1.5
Total
* Zone 1 extends out 30 feet pe.cq=dicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
Page 7 of 8
N/A
XL Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
N/A
XII. Sewage Disposal (required by DWQ)
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.
No wastewater will be generated from the proposed project
XIM Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
Applicant/Agent's Signature v bate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
19toI c?
Page 8 of 8