20061201 Ver 1_COMPLETE FILE_20060726

F W A 7'F
r? 9Q N ichael F. Easley, Governor
William G. Ross Jr., Secretary
D North Carolina Department of Environment and Natural Resources
-?
- - `C Alan W. Klimek, P.E. Director
Division of Water Quality
September 18, 2006
DWQ Project # 06-1201
Caldwell County
Robert G. Sautter
4707 Crystal Cove Place
Hickory, NC 28601-8659
Subject Property: Crystal Falls Estates / Phase 3 / Lot #14
4707 Crystal Cove Place, Hickory, NC 28601-8659
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Sautter:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 102 linear feet of shoreline for the purpose
of stabilization at the subject property, as described within your application received by
the N.C. Division of Water Quality (DWQ) on July 28, 2006. After reviewing your
application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3492 (GC3492). The Certification (s) allows you to use
Permit(s) NW30 when issued by the US Army Corps of Engineers (USAGE). In
addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge, and buffer regulations. Also, this approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application.
If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total fills
for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
SEP 2 0 2006
Z C'.'AUiY
?ieL-ILl ?- "
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.ncwatergualitV.org
One
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4n Equal Opportunity/Affirmative Action Employer - 50% Recycled/10°,'o Post Consumer Paper
Robert G. Sautter
Page 2 of
September 18, 2006
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
Approved Units Plan Location or Reference
Shoreline 102 linear feet A -- "
2. Erosion & Sediment Control Practices
Erosion and seaiment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
Robert G.Sautter
Page 3 of 5
September 18, 2006
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Riprap Installation
All banks shall be laid back at a 2:1 (length : height) slope and riprap applied at
the water / land interface (at full pool). Riprap shall be placed as a linear
protective measure upon the regarded slopes. Stone used in stabilization shall
be a random size, varying from Class B riprap up to 6 feet in diameter to provide
additional wildlife habitat. All exposed soils above the Riprap stabilized area
shall be replanted in accordance with the attached Guidelines for Riparian
Buffer Restoration. This authorization shall in no way be construed as allowing
the installation of a bulkhead or seawall.
7. Heavy Equipment
Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.
8. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before being discharged. If this is not possible,
it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.
Robert G. Sautter
Page 4 of 5
September 13, 2006
9. Catawba Buffer Tree Protection
No trees shall be removed from Zone 1 of the Catawba Buffer unless they are
directly within the construction access corridor. If trees are removed, forested
vegetation shall be re-established within the construction access or other
temporary impact area occurring in the protected buffer zone within the next
growing season following construction of the project. Please refer to 15 NCAC
02B.0243 (attached) for further details.
10. Disturbed banks and a 25-foot vegetated zone, must be restored along the
shoreline to natural riparian conditions with native trees and shrubs (e.g., silky
dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black
willow, sycamore) to provide long-term bank stability and stream shading. Note,
silky dogwood, silky willow and black willow can be planted as live stakes
collected during the dormant growing season. Cuttings should be randomly
planted on four (4) foot centers from the waters edge to the top of the bank.
Trees should be planted on ten (10) to twelve (12) foot centers. Stream banks in
these areas should also be seeded with a native annual and perennial seed mix
with a temporary nursery crop of wheat, millet or other grain.
10. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre-
construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur.
12. Deed Restrictions
Deed Restrictions or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
Robert G. Sautter
Page 5 of 5
September 18, 2006
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please contact Mr. Kevin Barnett in the
DWQ Asheville Regional Office at either Kevin.Barnett(@ncmail.net or at 828-296-4657.
Sincer ,
Ian AWKK . l PP. EE., Director
Division of Water Quality
AWWkhb
Enclosures: GC 3492
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 06-1201.SautterProperty.WQ3492.Approval
Triage Check List
Date: 7/28/06 Project Name: Robert G. Sautter, Lot 14
DWQ #:06-1201
County: Caldwell
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 7/26/06 to 9/24/06
From: Cyndi Karoly Telephone: [phone]
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!
4707 Crystal Cove Pl.
Hickory, NC 28601-869
'0()31 201
July 20, 2006

Division of Water Quality Wetlands Unit
Attn. Mr. John Dorney
160 Mail Service Center
Raleigh, NC 27699-160
Dear Mr. Dorney,
I am planning to build a dock on the shoreline of my lake front property on Lake Hickory
in Caldwell County next spring. This summer, in preparation for the docks placement, I
would like to install rip rap along my shoreline for stabilization purposes - to prevent
further erosion.
Enclosed with this letter are seven copies of the completed application required for a 401
Water Quality Pre Construction Notification Application. Also enclosed is the associated
documentation to describe both the present shoreline situation and my plan for
stabilization. This documentation includes the sketch of the rip rap location and extent, a
site plan and a detail map of the shoreline trees and structures including the proposed
dock location. Also enclosed are maps showing the general location of my property as
well as latitude and 10110itude coordinates of the shoreline of my property. Photographs of
the shoreline arc also enclosed.
Also enclosed please find a check made payable to the NC Division of Water Quality for
the application iee.
If you have any questions or need additional information please contact me by e mail at
bsautter r earthlink.net or call me at 828-446-3396.
Sincerely,
Robert G. Sautter
Q?C ?PW? D
JUL, , 6 2006
Encl.
ALITY
1h?Il.Atd!S!??5TC°?.: -
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The following is an abbreviated application form for those applying for a 401 Water
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP30. This Application cannot be used for wetland or stream impacts. Please
provide seven (7) copies of this application and supporting information as well as a
non-refundable application fee to the Division of Water Quality of S200.00 for
impacts of to lake bottom of less than I acre and 5475.00 for impacts to lake bottom
of greater or equal to I acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
1. Applicant Information
1. Owner/Applicant Information
Name: /rpACEM- C
Mailing Address:_
2.
?D
JUL
WATEj
.TnRtatvQTFRely
CH
Telephone Number: 6 Fax Number: 92,? - 06 -/,-//
E-mail Address: bLQ77[-72", L 1-1AJ C . AIET
Agent 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:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
II. Project Information'
Fax Number:
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. You may use the diagram below to make a hand sketch of

your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
1. Location
County: ?A bWELL Nearest Town:
Subdivision name or site address (include phase/lot number):e',¢ys 44s6' 3
Directions to site please include road numbers, landmarks, etc. (This is not Lor 14
necessary if an adequate vicinity map is included): 6566 A17AC9MFAZZ')
2. Describe the existing land use or condition of the site at the time of this
application: g,P/lmrE ?ZESID?'7VCE
3. Property size (acres): -6f AMC
4. Nearest body of water (stream/river/sound/ocean/lake): L,Q,CE "eeo S/
5. Describe the purpose of the proposed work: Agony 2l/? RRP S,tIaRCU?IF ??P
_9DJ6ILI2AnCAI - 73 A9C(/&W7_ -VR7W&-e &ROS/DA)
6. List the type of equipment to be used to construct the project: GE rl,?CC at=
--CFF-GDA,O&-b ar XIA 1W AK AWL) Auld plat 6i7 .KCMG .&CeE41AI
Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: APp.P,!?Xi rj4IV_
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in
square feet or acres: A9AeoytAfgT&IV 401 S9, -_,(101,22-'W4"'
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): h1copen SLOPE w yT - 48 AKys
, / AM /,.(' 7a 20 ° 1 AW) f T,-ifvt fit c l P r Af^, - er s , , lxiyvA i 4-rt!
Applicant/Agent's at e / Date
(Agent's signature i valid only if an authorization letter from the applicant is provided.)
?r
Lake (Full Pond)
Full Pond PRcP°s??P?,jt
Shoreline
' i RIP RAP , BE-Loci FULL ftaD
-.___ ' t,s x 101.12
RIP RRP A&qG Fuu- pok3D
ACCA 4' 101.12
rl' x 1C/.7Z
Pfto"TV PRo?wv
uNe -L- l01.?2
-__ _ uuE
Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10 ft. x 100 ft):
1) All proposed vegetation clearing (provide dimensions) A McAkr-b SlAmCH)
2) Location of rip rap or fill to be placed above the Full Pond elevation
3) Location of rip rap or fill to be placed below the Full Pend elevation
4) The location of any proposed structures such as buildings, retaining
vialls, docks, etc. (SLq- q.npaC-7)
S) The location of any excavation or dredging below the Full Pond
elevation. -NONI' /s a? 1VC-J
6a Location of construction access corridors. - Ofe-e- L154 LAS hCXtbeY

The following is an abbreviated application form for those applying for a 401 Water
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP30. This Application cannot be used for wetland or stream impacts. Please
provide seven (7) copies of this application and supporting information as well as a
non-refundable application fee to the Division of Water Quality of 5200.00 for
impacts of to lake bottom of less than 1 acre and 5475.00 for impacts to lake bottom
of greater or equal to 1 acre.
J „ .
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

-y 7 oc La
JUL 'IUD
ULNK • VW4 t I C k (-UALITY
WETMOS AND ST&WWATER BWXH
1.
Applicant Information

1. Owner/Applicant Information
Name: /Qo A6C q T C
Mailing Address: ¢7,
Telephone Number: -446-3996 Fax Number: V oO - 06 -%f// - 8Z.5 E-mail Address: LA1JZMe/.7 019n 1/_1AJK . IV&--r
2
Agent 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:
Company Affiliation:
Mailing Address:
Fax Number:
II. 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. You may use the diagram below to make a hand sketch of
Telephone Number:
E-mail Address:

your project. Also. see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
1. Location
County: 6?Zb 4;eu_ Nearest Town: Lr- -
Subdivision name or site address (include phase/lot number):CRys> X&ct-s?rir?ss6 3
Directions to site please include road numbers, landmarks, etc. (This is not Los' 14
necessary if an adequate vicinity map is included): (S(F .g77Ac91y&AIT)
2. Describe the existing land use or condition of the site at the time of this
application: 2Q?Zy?- IZESl1 "A/CE
3. Property size (acres): -6S AMF
4. Nearest body of water (stream/river/sound/ocean/lake): LACE f"el",
/
t
5. Describe the purpose of the proposed work: &Ly I/JP AMO 7D SaRC-eZVE aif
_5M&L12AV,CAl 7a VC(/&W i X7,IR 1AOR 6ROXICA)
6. List the type of equipment to be used to construct the project: GE 4"Ize 61
eFF-Cc?A??? oic XIA 1W ASK h{WD AM) Pia &:A &Cdt? ,S.6e,eE'41
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: ?}PP.QoXT?2Y
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls. etc.) above the normal pool lake level and 50 feet land-ward in
square feet or acres: APPtoyidy TEZ y 401 S9, -At (101,22-'y
\
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): hlcopeh SnPE W117? 48 -/Y F
._.. . fr _ .- - _. - -- . _ %
Applicant/Agent's at e / Dat4
(Agent's signature i valid only if an authorization letter from the applicant is provided.)
Lake (Full Pond)
Full Pond PQ4PesFDIPt"M6
?' ?? DocK A,JD t.A?.tDtt?G
Shoreline i i
i RIP0 RAP , UtocJ wLL P%3D
._ ___ 15 x ?01.12
RIP RRP
C ? ?C lot.12 ?tlE Rid- (?o?JD
'
MCA ¢
W X 10/.12
PftoPc?r/
> A?A%wq
uaE
Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10 ft. x 100 ft):
1) All proposed vegetation clearing (provide dimensions) CS' AVACAk--b S'?z;mg)
2) Location of rip rap or fill to be placed above the Full Pond elevation
3) Location of rip rata or fill to be placed below the Full Pond elevation
4) The location of any proposed structures such as buildings, retaining
vialls, docks, etc. (SC,- AMW(C-b rte )
5) The location of any excavation or dredging below the Full Pond
elevation. -,vcNG- Is a.AiwvCtl
6) Location of construction access corridors. - Wre- - u54 LAKE CXt3,2Y