HomeMy WebLinkAbout20201095 Ver 1_DoubleRock_Buffer_MY0_Report_20230901
AS-BUILT & BASELINE
MONITORING REPORT
September 2023
DOUBLE ROCK MITIGATION BANK PARCEL
Alexander County, NC
DWR Project Number 2020-1095v1
Wildlands Holdings VI, LLC; Wildlands Catawba Umbrella
Mitigation Banking Instrument
Catawba River Basin
HUC 03050101
PREPARED BY:
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, NC 28203
Phone: (704) 332-7754
Fax: (704) 332-3306
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Double Rock Buffer Mitigation Bank Parcel Page i
As-Built & Baseline Monitoring Report
AS-BUILT & BASELINE MONITORING REPORT
Double Rock Mitigation Bank Parcel
Catawba River Basin
Wildlands Holdings VI, LLC; Wildlands Catawba Umbrella Mitigation Banking Instrument
TABLE OF CONTENTS
1.0 Introduction ............................................................................................................................. 1
2.0 Parcel Location & Background .................................................................................................. 1
2.1 Location and Setting ..................................................................................................................... 1
2. 2 Parcel Background ........................................................................................................................ 2
2. 3 Parcel Objectives .......................................................................................................................... 2
3.0 Restoration Activities ............................................................................................................... 2
4.0 Project Credit Potential and Deviations from the Bank Parcel Development Package (BPDP) .... 3
5.0 Monitoring Protocol & Success Criteria ..................................................................................... 3
6.0 Financial Assurance & Long-Term Management ........................................................................ 4
6.1 Financial Assurance ...................................................................................................................... 4
6.2 Parcel Maintenance ...................................................................................................................... 5
6.3 Long-term Management ............................................................................................................... 5
7.0 References ................................................................................................................................ 6
APPENDICES
Appendix A: General Figures and Tables
Table 1 Project Credit Table
Table 2 Project Activity and Reporting History
Table 3 Project Contact Table
Table 4 Project Information and Attributes
Table 5 Adjacent Forested Areas Existing Tree and Shrub Species
Table 6 Planted Tree Species
Figure 1 Vicinity Map
Figure 2 Credit Service Area Map
Figure 3 Credit Generation Map
Figure 4 Monitoring Components Map
Appendix B: Vegetation Plot Data
Table 7a-b Planted and Total Stem Counts
Table 8 Vegetation Plot Criteria Attainment
Vegetation Plot Photographs
Appendix C: Conservation Easement
Appendix D: Overview Photographs (Monitoring Year 0 – 2023)
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As-Built & Baseline Monitoring Report
Appendix E: Agency Correspondence and Permit Approvals
On Site Determination of Applicability to Catawba Riparian Buffer Rules (October 2021)
Site Viability for Buffer Mitigation Letter (January 2022)
Individual 401 Water Quality Certification Approval Letter (September 2022)
Appendix F: Double Rock Mitigation Bank Parcel As-Built Buffer Map
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Double Rock Mitigation Bank Parcel Page 1
As-Built & Baseline Monitoring Report
AS-BUILT & BASELINE MONITORING REPORT
Double Rock Buffer Mitigation Bank Parcel
Catawba River Basin
Wildlands Holdings VI, LLC; Wildlands Catawba Umbrella Mitigation Banking Instrument
1.0 Introduction
The Double Rock Mitigation Bank Parcel (“Parcel”) was created under the terms and conditions of the
Wildlands Catawba Umbrella Mitigation Banking Instrument (UMBI), made and entered into by
Wildlands Holdings VI, LLC acting as Bank Sponsor (“Sponsor”) and the North Carolina Department of
Environmental Quality (“NCDEQ”) Division of Water Resources (“NCDWR”). The Bank Parcel
Development Package (BPDP) was approved in September 2022. The Parcel has been planned,
designed, and constructed according to the UMBI and the Consolidated Buffer Mitigation Rule 15A
NCAC 02B .0295 which became effective November 1, 2015. The project has been designed in
concurrence with the Wildlands Catawba Umbrella Mitigation Bank, Double Rock Mitigation Site (DWR
ID#2020-1095v1). The service area is depicted in Figure 2.
The buffer mitigation project includes Elk Shoals Creek and two unnamed tributaries (Randall Tributary
and Stikeleather Tributary). The stream mitigation bank also includes three additional unnamed
tributaries (Matheson Tributary, Matheson Tributary A, and Matheson Tributary B), which are not
proposed for riparian buffer credit. Elk Shoals Creek eventually drains into the Catawba River, a 303(d)
listed stream, approximately 6-miles downstream. The primary purpose of the project is to provide
stream and riparian buffer mitigation credits to compensate for unavoidable impacts in the Catawba
River Basin Hydrologic Unit Code (“HUC”) 03050101.
The Parcel creates a protected riparian area from top of bank out to 200 feet in some areas of the
project’s buffer. The riparian buffer along the tributaries was restored to provide ecological and water
quality enhancements to the Catawba River Basin and create a functional riparian corridor. This project
protects 19.33 acres of riparian buffer by permanent conservation easement. On October 14, 2021,
NCDWR assessed the stream origin. The official Stream Origin Determination Letter was issued by
NCDWR on October 15, 2021. Subsequently, NCDWR conducted an onsite review of the project area to
determine viability for buffer mitigation and nutrient offset on December 7, 2021, and issued a site
viability letter on January 5, 2022. All three features assessed were deemed viable by NCDWR to
generate buffer mitigation. There have been no changes to land use in the project area since NCDWR’s
2021 site visit. A copy of both the “On-Site Stream Origin Determination for Applicability to Catawba
Riparian Buffer Rules” and the “Site Viability for Buffer Mitigation” letters from NCDWR are included in
Appendix E. The conservation easement was recorded on the Parcel in October 2022.
2.0 Parcel Location & Background
2.1 Location and Setting
The Parcel is comprised of two parcels: one that is maintained as an active cattle farm, and one that is
currently wooded but has been managed for both timber and agriculture in the past. The Parcel is
located in Alexander County in the township of Hiddenite, approximately six miles southeast of
Taylorsville, NC (Figure 1). Directions are included on Figure 1. Though the Parcel was restored for
stream and riparian buffer mitigation credits in the Catawba River Basin HUC 03050101 (Figure 2), this
report is to document the implementation of the buffer mitigation efforts. The Parcel is located within
the Catawba River Basin HUC 03050101130010 (Elk Shoals Creek), NCDWR Subbasin 03-08-32, and the
Elk Shoals Creek Targeted Local Watershed (TLW) which amended is defined in the Catawba River Basin
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Double Rock Mitigation Bank Parcel Page 2
As-Built & Baseline Monitoring Report
Restoration Plan (NC-DEQ, 2018) as Water Supply IV Waters, which are used as a source of drinking
water, culinary, or food processing.
This project directly and indirectly addresses stressors identified in watershed planning documents by
excluding livestock, creating stable stream banks, restoring a forest in agriculturally maintained buffer
areas, and implementing stormwater BMPs. These actions will reduce fecal, nutrient, and sediment
inputs to Elk Shoal Creek and ultimately to Lookout Shoal Lake and the Catawba River, as well as
reconnect instream and terrestrial habitats on the site.
2. 2 Parcel Background
Prior to construction, much of the land within 200 feet from top of bank of the project features had
been cleared and maintained for active cattle pastures. Most of the streams were deeply incised. The
adjacent floodplains have maintained their rural, farming characteristics over the last 60 years with only
minor changes in landcover. Tables 2, 3, and 4 in Appendix A provide detailed information regarding the
project activity and reporting history, project contacts, and project information and attributes,
respectively.
2. 3 Parcel Objectives
The major goals of the buffer mitigation project are to provide ecological and water quality
enhancements to the Catawba River Basin by restoring the riparian area to create a functional riparian
corridor. Specific enhancements to water quality and ecological processes are outlined below.
Goals Objectives
Decrease nutrient levels.
Nutrient input will be decreased by filtering runoff from the agricultural fields
through restored native vegetation. The offsite nutrient input will also be
absorbed onsite by filtering flood flows through restored floodplain areas,
where flood flows can disperse through native vegetation.
Decrease sediment input. Sediment from offsite sources will be captured by deposition on restored
floodplain areas where native vegetation will slow overland flow velocities.
Reduce fecal coliform inputs. Fecal coliform input will be reduced by restricting cattle from the project
streams.
Decrease water temperature
and increase dissolved
oxygen concentrations.
Planted riparian trees will shade the project features as they mature, reducing
thermal pollution.
Create appropriate
terrestrial habitat.
Riparian areas will be restored by treating invasive vegetation and planting
native vegetation.
Permanently protect the
project Parcel from harmful
uses.
Record a conservation easement on the Parcel.
3.0 Restoration Activities
Areas slated for riparian restoration that were not impacted by the construction of the stream
mitigation project required little site preparation. Select herbicide treatments and limited mechanical
clearing removed undesirable underbrush, invasive species, and fescue (Festuca spp.). The remaining
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Double Rock Mitigation Bank Parcel Page 3
As-Built & Baseline Monitoring Report
areas of the easement, within the construction corridor, were graded and management of undesirable
and invasive species were implemented in accordance with the IRT approved stream mitigation plan.
Compacted areas within the easement boundary, including haul roads and cattle-trampled areas, were
ripped prior to planting. The specifics of the stream restoration project, including the grading plan, were
included in the Double Rock Mitigation Plan (Wildlands, 2022). The post-construction implementation of
the stream restoration project was documented in the Double Rock Mitigation Site As-built and Baseline
Monitoring Report (Wildlands, 2023).
Developing the Parcel for buffer restoration required converting existing agriculture land use practices
adjacent to streams into riparian forest. The species composition was selected based on the desired
target community type (Piedmont Alluvial Forest, as defined by Schafale (2012)), the occurrence of
species in riparian areas adjacent to the Parcel, and best professional judgement. Trees and shrubs were
spaced at 6’X12’ upon planting, which is equivalent to a stem density of 605 stems per acre and is
sufficient to meet the performance standards outlined in the Rule 15A NCAC 02B .0295 of 260 planted
trees and shrubs per acre at the end of five years. Table 6 in Appendix A lists the tree species and
quantities planted. There was no parcel preparation work done in the riparian preservation areas under
15A NCAC 02B .0295(o)(4) except as required in the stream mitigation plan (Wildlands, 2022).
The easement was marked using conservation easement placards mounted on t-posts following the
entirety of the boundary. These signs will be maintained and replaced, if necessary, throughout the
monitoring years.
4.0 Project Credit Potential and Deviations from the Bank Parcel Development Package (BPDP)
Of the 19.33 acres protected under the conservation easement, 6.17 acres were restored and 2.06 acres
were preserved for riparian buffer credit. The area of preservation credit within the buffer mitigation
site equals 25% of the total area of buffer mitigation. An additional 5.93 acres are used for crossings, for
the stream preservation areas on Matheson Trib, Matheson Trib A, and Matheson Trib B, and for the
buffer preservation areas which are greater than the 25% of the total credited area; these areas will not
receive credits. There is one credit ledger for the project: Riparian Buffer Credits. None of the riparian
buffer credits on the Parcel are convertible or transferable to nutrient offset credits.
The buffer mitigation credits will be derived from riparian areas adjacent to mitigated streams. Credit
calculations based on the as-built survey resulted in a slight reduction in the total credit area of
50,426.000 credits in the restoration area and 3,361.800 credits in the preservation area from what was
calculated for use in the BPDP. A map detailing the credit generation is provided in Figure 3. A copy of
the As-Built Buffer Map is included in Appendix F.
5.0 Monitoring Protocol & Success Criteria
Vegetation monitoring plots were installed and evaluated within the riparian restoration areas to
measure the survival of the planted trees and shrubs. A total of 6 (5 permanent and 1 mobile), 100-m2
plots were installed randomly throughout the planted, credited riparian buffer area (Figure 4). Five of
the vegetation plots, VP4, VP5, VP6, VP7, and MVP2, are also being used for vegetation monitoring in
the stream mitigation portion of the project. The permanent plots were established as either 10-meter
by 10-meter square plots or 5-meter by 20-meter rectangular plots, while mobile vegetation plots were
established as a 100-m2 circular, square, or rectangular plot. The mobile vegetation plot (MVP) will be
relocated in a different buffer restoration area in monitoring years 2, 3, and 5.
Vegetation assessments for permanent plots will be conducted and follow the Carolina Vegetation
Survey (CVS) Level 2 Protocol for Recording Vegetation (2008) while mobile vegetation plot assessments
will document number of stems, species, and height. A reference photo will be taken from the
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Double Rock Mitigation Bank Parcel Page 4
As-Built & Baseline Monitoring Report
southwestern corner, diagonally across each permanent vegetation plot, while photos for mobile
vegetation plots will be taken looking to the north. All planted stems will be marked with flagging tape
and recorded.
Annual monitoring activities will commence in the fall season of 2023. Vegetative assessments for
permanent vegetation plots will follow the Carolina Vegetation Survey (CVS) Level 2 Protocol for
Recording Vegetation (2008) and will document species composition, density, vigor, height, and survival
rates while mobile vegetation plot assessments will document stem density, species composition, and
stem height. The total number of volunteer woody stems will also be documented and reported. The
measure of vegetative success for the Parcel will be the survival of at least four native hardwood tree
species, where no one species is greater than 50% of the established planted stems, and an established
density of at least 260 planted trees and shrubs per acre at the end of the fifth year of monitoring.
Appropriate and desirable native volunteer species may be included in the Parcel’s density to meet the
performance standards with written NCDWR approval. The Sponsor shall submit the annual monitoring
report to NCDWR by December 31st of each year for five consecutive years and will follow the terms and
conditions of the approved BPDP (Wildlands, 2022).
A visual assessment of the conservation easement will also be performed and reported in the annual
monitoring reports each year to NCDWR to confirm:
Existing fencing is in good condition throughout the site;
No cattle access within the conservation easement area;
No encroachment has occurred;
Diffuse flow is being maintained in the conservation easement area;
There has not been any cutting, clearing, filling, grading, or similar activities that would
negatively affect the functioning of the buffer; and
Easement boundaries are clearly and distinctly identified by marker, post, tree-blazing, or other
means as allowed.
Boundary markers that have been disturbed, damaged, or destroyed will be repaired and/or replaced on
an as needed basis. Contact information for the conservation easement holder will me included on the
easement markers.
Baseline data shows a planted stem density range of 526 to 688 planted stems per acre with an average
of 621 planted stems per acre across the project area; thereby exceeding the requirement of 260 stems
per acre at the end of the five year monitoring period (Table 7). At least four native hardwood tree
species were present in each vegetation plot with no one species equaling greater than 50% of the
planted stems. All 6 vegetation plots are expected to meet the final success criteria required for MY5.
A visual site assessment was conducted on 4/25/2023. During the assessment, no cattle nor evidence of
cattle encroachment were found within the easement. The fence was in good condition. There was no
evidence of mowing, cutting, clearing, or grading of the buffer, and diffuse flow was being maintained
across the easement.
6.0 Financial Assurance & Long-Term Management
6.1 Financial Assurance
After completion of the restoration/construction, a separate Performance/Maintenance Bond will be
secured for 100% of the estimated cost to implement the monitoring and maintenance plan, but not less
than $100,000.00. The Performance/Maintenance Bond shall apply at the inception of the monitoring
period for a term of one year, to be extended annually for a minimum of five years. Upon NCDWR
approval, this may be lowered each year based on the adjusted cost to complete the monitoring.
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As-Built & Baseline Monitoring Report
Performance bonds for monitoring shall be renewed at least annually to cover the next years monitoring
period, with confirmation of renewal provided to NCDWR with each annual monitoring report when
applicable. NCDWR reserves the right to alter the credit release schedule if monitoring reports are
submitted without proof of bond renewals when applicable.
6.2 Parcel Maintenance
Adaptive measures will be developed, or appropriate remedial actions will be implemented if the Parcel
or a specific component of the Parcel fails to achieve the success criteria. Parcel maintenance will be
performed to correct any identified problems that have a high likelihood of affecting project success.
Such items include, but are not limited to, fire, flooding, drought, or insects that cause excess tree
mortality. Any actions implemented will be designed to achieve the success criteria and will include a
work schedule and updated monitoring criteria. Any Parcel maintenance performed will be included in
the monitoring report for that year. A rigorous herbicide schedule may be implemented in the first few
years of tree establishment in the restoration areas to prevent establishment of invasive and/or
undesirable species that may out-compete native vegetation. The only herbicides used on the Parcel will
be aquatic approved herbicides that will be applied in accordance with North Carolina Department of
Agriculture rules and regulations.
As previously discussed in Section 5.0, the easement boundary will be checked annually as part of
monitoring activities. Easement boundary conditions as well as any maintenance performed will be
reported in the annual monitoring reports to NCDWR.
6.3 Long-term Management
The Parcel will remain in private ownership, protected in its entirety by Unique Places to Save, an
approved NCDWR long term stewardship, and will be managed under the terms detailed in an approved
NCDWR conservation easement. The long-term manager will be responsible for periodic inspection of
the Parcel to ensure that the restrictions documented in the recorded easement are upheld in
perpetuity.
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7.0 References
15A NCAC 02B. 0295. Retrieved from: http://reports.oah.state.nc.us/ncac/title%2015a%20-
%20environmental%20quality/chapter%2002%20%20environmental%20management/subchapter%
20b/15a%20ncac%2002b%20.0295.pdf
Lee, M.T., Peet, R.K., Steven D., & Wentworth, T.R. 2008. CVS-EEP Protocol for Recording Vegetation
Version 4.2. Retrieved from: http://cvs.bio.unc.edu/protocol/cvs-eep-protocol-v4.2-lev1-5.pdf
Natural Resource Conservation Service (NRCS). 2011. Web Soil Survey. Alexander County. Retrieved
from: http://websoilsurvey.nrcs.usda.gov/app/HomePage.htm
NC Department of Environment and Natural Resources, Ecosystem Enhancement Program. 2004.
Guidelines for Riparian Buffer Restoration. Retrieved from:
https://www.monroenc.org/Portals/0/Departments/Water%20Resources/Documents/Buffer-
restoration-guide-NCDENR.pdf
NC Department of Environmental Quality (NCDEQ), Division of Water Resources (DWR). 2018. Upper
Catawba River Basin Restoration Priorities 2009 (Amended July 2018). Retrieved from:
https://files.nc.gov/ncdeq/Mitigation%20Services/Watershed_Planning/Catawba_River_Basin/2018
_Upper_Catawba_RBRP.pdf
NCDEQ, DWR. 2011. Surface Water Classifications. Retrieved from:
https://www.deq.nc.gov/about/divisions/water-resources/water-planning/classification-
standards/classifications.
Schafale, M.P. 2012. Guide to the Natural Communities of North Carolina, Fourth Approximation.
Retrieved from: https://www.ncnhp.org/documents/files/guide-classification-natural-communities-
north-carolina-4th-approximation/open.
Wildlands Engineering, Inc. (WEI). 2023. Double Rock Mitigation Site As-Built & Baseline Monitoring
Report. Charlotte, NC.
WEI. 2022. Double Rock Mitigation Bank Parcel: Buffer Mitigation Plan. Charlotte, NC.
WEI. 2022. Wildlands Catawba 01 Umbrella Mitigation Bank Double Rock Mitigation Site. Charlotte, NC.
WEI. 2022. Wildlands Catawba Umbrella Mitigation Banking Instrument. Wildlands Holding VI, LLC.,
Charlotte, NC.
APPENDIX A
General Figures and Tables
Table 1. Project Credit Table
Double Rock Mitigation Bank Parcel
DWR No. 2020-1095v1
Monitoring Year 0 - 2023
Project Area
N Credit Conversion Ratio (ft2/pound)
P Credit Conversion Ratio (ft2/pound)
Credit Type Location
Subject? (enter NO
if ephemeral or
ditch 1)
Feature Type Mitigation Activity
Min-Max
Buffer Width
(ft)
Feature Name Total Area (ft2)
Total (Creditable)
Area of Buffer
Mitigation (ft2)
Initial Credit
Ratio (x:1)% Full Credit Final Credit
Ratio (x:1)
Convertible to
Riparian
Buffer?
Riparian Buffer
Credits
Convertible to
Nutrient Offset?
Delivered
Nutrient Offset:
N (lbs)
Delivered
Nutrient
Offset: P (lbs)
Buffer Rural No I / P Restoration 0-100
Randell Trib & Elk
Shoals Creek 268,654 268,654 1 100% 1.00000 Yes 268,654.000 No — —
Totals (ft2):268,654 268,654 268,654.000 0.000 0.000
Total Buffer (ft2):268,654 268,654
Total Nutrient Offset (ft2):0 N/A
Total Ephemeral Area (ft2) for Credit:00
Total Eligible Ephemeral Area (ft2):89,551 0.0%Ephemeral Reaches as % TABM
Enter Preservation Credits Below Total Eligible for Preservation (ft2):89,551 25.0%Preservation as % TABM
Credit Type Location Subject? Feature Type Mitigation Activity
Min-Max
Buffer Width
(ft)
Feature Name Total Area (sf)
Total (Creditable)
Area for Buffer
Mitigation (ft2)
Initial Credit
Ratio (x:1)% Full Credit Final Credit
Ratio (x:1)
Riparian
Buffer Credits
Buffer Rural No I / P 0-100
Elk Shoals Creek,
Stikeleather Trib,
Randell Trib
301,556 89,551 5 100% 5.00000 17,910.200
Rural No I / P 101-200 Randell Trib 13,583 0 5 33% —
Preservation Area Subtotals (ft2):315,139 89,551
Square Feet Credits
268,654 268,654.000
0 0.000
89,551 17,910.200
358,205 286,564.200
Square Feet Credits
Nitrogen:0.000
Phosphorus:0.000Nutrient Offset:0
Catawba Buffer
N/A
N/A
TOTAL AREA OF BUFFER MITIGATION (TABM)
Mitigation Totals
Restoration:
Enhancement:
Preservation:
Total Riparian Buffer:
TOTAL NUTRIENT OFFSET MITIGATION
Mitigation Totals
Table 2. Project Activity and Reporting History
Double Rock Mitigation Bank Parcel
DWR No. 2020-1095v1
Monitoring Year 0 - 2023
Activity or Report Data Collection Complete Completion or Scheduled Delivery
Wildlands Catawba UMBI N/A September 2022
BPDP Approval Date N/A September 2022
Conservation Easement N/A October 2022
Bare Root Planting N/A April 2023
Easement Marking & Fencing N/A June 2023
As-Built Survey N/A August 2023
As-Built and Baseline Monitoring
Document (Year 0)April 2023 August 2023
Year 1 Monitoring
Year 2 Monitoring
Year 3 Monitoring
Year 4 Monitoring
Year 5 Monitoring
Table 3. Project Contact Table
Double Rock Mitigation Bank Parcel
DWR No. 2020-1095v1
Monitoring Year 0 - 2023
Bank Sponsor Wildlands Holdings VI, LLC
1430 South Mint Street, Suite 104
Charlotte, NC 28203
704.332.7754
Planting Contractor Bruton Natural Systems, Inc
P.O. Box 1197
Fremont, NC 27830
Nursery Stock Suppliers Dykes and Sons Nursery and Greenhouse
Monitoring Performers Wildlands Engineering, Inc.
Monitoring, POC Andrea Eckardt
704.332.7754
Table 4. Project Information and Attributes
Double Rock Mitigation Bank Parcel
DWR No. 2020-1095v1
Monitoring Year 0 - 2023
PROJECT INFORMATION
Project Name Double Rock Mitigation Bank Parcel
County Alexander County
Project Area (acres) 19.33
Project Coordinates 35.8629460, -81.0970860
PROJECT WATERSHED SUMMARY INFORMATION
Physiographic Province (Ecoregion) Piedmont (Northern Inner Piedmont)
River Basin Catawba
USGS Hydrologic Unit 8-digit 03050101
USGS Hydrologic Unit 14-digit 03050101130010
DWR Sub-basin 03-08-32
Project Drainiage Area (acres) 1,379
Project Drainage Area Percentage of
Impervious Area 2.1%
CGIA Land Use Classification forested (38%), agricultural (41%), grassland (5%),
shrubland (4%), and some development (12%)
Table 5. Adjacent Forested Areas Existing Tree and Shrub Species
Double Rock Mitigation Bank Parcel
DWR No. 2020-1095v1
Monitoring Year 0 - 2023
Common Name Scientific Name
Wetland Indicator
Status
Tag Alder Alnus serrulata OBL
River Birch Betula nigra FACW
Ironwood Carpinus caroliniana FAC
Sugarberry Celtis laevigata FACW
Flowering Dogwood Cornus florida FACU
Persimmon Diospyros virginiana FAC
American Beech Fagus grandifolia FACU
Honey Locust Gleditsia triacanthos FAC
Black Walnut Juglans nigra FACU
Northern Spicebush Lindera benzoin FAC
Sweetgum Liquidambar styraciflua FAC
Tulip Poplar Liriodendron tulipifera FACU
Red Mulberry Morus rubra FACU
Sourwood Oxydendron arboreum UPL
American Sycamore Platanus occidentalis FACW
White Oak Quercus alba FACU
Willow Oak Quercus phellos FAC
Northern Red Oak Quercus rubra FACU
Swamp Azalea Rhododendron viscosum FACW
Black Willow Salix nigra OBL
Elderberry Sambuscus nigra FAC
Blackhaw Viburnum Viburnum prunifolium FACU
Table 6. Planted Tree Species
Double Rock Mitigation Bank Parcel
DWR No. 2020-1095v1
Monitoring Year 0 - 2023
Common Name Scientific Name Stratum
Number
Planted*% of Total
American Sycamore Platanus occidentalis Canopy 930 15%
River Birch Betula nigra Canopy 930 15%
Persimmon Diospyros virginiana Canopy 620 10%
Willow Oak Quercus phellos Canopy 620 10%
Blackhaw Viburnum Viburnum prunifolium Shrub 310 5%
Flowering Dogwood Cornus florida Sub-Canopy 310 5%
Ironwood Carpinus caroliniana Sub-Canopy 310 5%
Sugarberry Celtis laevigata Canopy 310 5%
Swamp Chestnut Oak Quercus michauxii Canopy 310 5%
Slippery Elm Ulmus rubra Canopy 620 10%
Yellow Root Xanthorhiza simplissima Shrub 310 5%
Northern Red Oak Quercus rubra Canopy 310 5%
Spicebush Lindera benzoin Shrub 310 5%
Total:6,200 100%
American Sycamore Platanus occidentalis Canopy 27 15%
River Birch Betula nigra Canopy 27 15%
American Elm Ulmus americana Canopy 27 15%
Swamp Chestnut Oak Quercus michauxii Canopy 27 15%
Tag Alder Alnus serrulata Sub-Canopy 18 10%
Swamp Azalea Rhododendron viscosum Shrub 18 10%
Buttonbush Cephalanthus occidentalis Shrub 18 10%
Black Willow Salix nigra Canopy 18 10%
Total: 180 100%
*The total stems also includes the areas planted for the stream mitigation portion of the project.
Open Riparian Buffer Bare Root Planting
Wetland Bare Root Planting
115
268
16
18
421 421
90
16
16
90
127
115
115
901
21
70 70
321
77
40
Taylorsville
Statesville
Newton
Hickory
21 421
601
Yadkinville
21
70
64
40
77
77
Mocksville
^_
ALEXANDER
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B
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WILKES
BU
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RO
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0 5 10 Miles
Conservation Easement
County Boundaries
^_Double Rock Bank Parcel Location
Figure 1: Vicinity Map
Catawba 01 Umbrella Mitigation Bank
Double Rock Mitigation Bank Parcel
Catawba River Basin (03050101)
Alexander County, NC
St
i
k
e
l
e
a
t
h
e
r
R
d
2022 Aerial PhotographyDirections: From Charlotte, take I-77 North.
Take exit 51 onto I-40 East. In 0.4 miles keep
left toward I-40 West. Take exit 144 and turn
right onto Old Mountain Rd. In around 6 miles
turn left onto Drumstand Rd. Turn right onto
Mt Wesley Church Rd and in 2 miles make
another right onto Stikeleather Rd. Go about
0.6 miles and take a right. The project is
located down the driveway on the right.
¹
0 700 Feet¹
^_
£¤421
£¤421
£¤601
§¨¦77
Double Rock
Mitigation Site
03050101130010
0 10 20 Miles ¹
County Boundaries
Service Area - HUC 03050101
14 Digit HUC - 03050101130010
Municipalities
^_Project Location
Figure 2: Credit Service Area Map
Catawba 01 Umbrella Mitigation Bank
Double Rock Mitigation Bank Parcel
Catawba River Basin (03050101)
Alexander County, NC
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Reach 2
Reach 1B
Reach 1DReach 1C
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Figure 3: Credit Generation Map
Catawba 01 Umbrella Mitigation Bank
Double Rock Mitigation Bank Parcel
Catawba River Basin (03050101)
2022 Aerial Photography
¹
Alexander County, NC
0 200 400 Feet
Project Location
Conservation Easement
Internal Crossings
Riparian Restoration for Buffer Credits (0-100')
Riparian Preservation for Buffer Credits (0-100')
Riparian Preservation for Buffer Credits (101-200')
No Credit
Project Streams
Non-Project Streams
Top of Bank (TOB)
[[Fenceline
Topographic Contours (2')
[[[[
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Trib A
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Figure 4: Monitoring Components Map
Catawba 01 Umbrella Mitigation Bank
Double Rock Mitigation Bank Parcel
Catawba River Basin (03050101)
2022 Aerial Photography
¹
Alexander County, NC
0 200 400 Feet
Project Location
Conservation Easement
Internal Crossings
Existing Wetlands
Riparian Restoration for Buffer Credits (0-100')
Riparian Preservation for Buffer Credits (0-100')
Riparian Preservation for Buffer Credits (101-200')
No Credit
Project Streams
Non-Project Streams
Top of Bank (TOB)
[Fenceline
GF Drone Photos (DP)
Vegetation Plot Conditions - MY0
Permanent (VP) & Mobile Plots (MVP)
Criteria Met
APPENDIX B
Vegetation Plot Data
Double Rock Mitigation Bank Parcel
DWR No. 2020-1095v1
Monitoring Year 0 - 2023
Scientific Name Common Name Species Type
PnoLS P-all T PnoLS P-all T PnoLS P-all T PnoLS P-all T PnoLS P-all T PnoLS P-all T
Betula nigra River Birch, Red Birch Tree 55522211144444 4 161616
Carpinus caroliniana Ironwood Shrub Tree 111111 2 2 2
Celtis laevigata Southern Hackberry, Sugarberry Shrub Tree 111111 11 1 3 3 3
Cornus florida Flowering Dogwood Shrub Tree 2 2 2 2 2 2 1 1 1 5 5 5
Diospyros virginiana American Persimmon, Possumwood Tree 222222 22 2 6 6 6
Lindera benzoin Northern Spicebush Shrub Tree 2 2 2 2 2 2
Platanus occidentalis Sycamore, Plane-tree Tree 55533344411122 2 151515
Quercus michauxii Basket Oak, Swamp Chestnut Oak Tree 111111 2 2 2
Quercus phellos Willow Oak Tree 11122211122222 2 8 8 8
Quercus rubra Northern Red Oak Tree 22211 1 3 3 3
Ulmus rubra Slippery Elm, Red Elm Tree 22222211122 2 7 7 7
Viburnum prunifolium Black Haw, Nannyberry Shrub Tree 1 1 1 1 1 1 1 1 1 3 3 3
Xanthorhiza simplicissima Yellowroot, Brook-feather Shrub 2 2 2 1 1 1 3 3 3
13 13 13 15 15 15 15 15 15 16 16 16 16 16 16 75 75 75
44488899910101099 9 131313
526 526 526 607 607 607 607 607 607 648 648 648 648 648 648 607 607 607
Color for Density
Exceeds requirements by 10% PnoLS: Number of planted stems excluding live stakes
Exceeds requirements, but by less than 10% P-all: Number of planted stems including live stakes
Fails to meet requirements, by less than 10% T: Total stems
Fails to meet requirements by more than 10%
Volunteer species included in total
Permanent Vegetation
Plot Annual Mean
Permanent Plot 8
1
0.0247
Current Permanent Vegetation Plot Data (MY0 2023)
0.1236size (ACRES)
MY0 (2023)Permanent Plot 5
5
0.0247 0.0247 0.0247
1
Permanent Plot 7
1
Table 7a. Planted and Total Stem Counts
Stem count
size (ares)
Permanent Plot 4
11
Permanent Plot 6
Species count
Stems per ACRE
0.0247
Double Rock Mitigation Bank Parcel
DWR No. 2020-1095v1
Monitoring Year 0 - 2023
Mobile Vegetation
Plot Annual Mean
Overall Site
Annual Mean
Scientific Name Common Name Species Type MP2 MY0 (2020) MY0 (2020)
PnoLS PnoLS PnoLS
Betula nigra River Birch, Red Birch Tree 3 3 19
Carpinus caroliniana Ironwood Shrub Tree 1 1 3
Celtis laevigata Southern Hackberry, Sugarberry Shrub Tree 3
Cornus florida Flowering Dogwood Shrub Tree 1 1 6
Diospyros virginiana American Persimmon, Possumwood Tree 1 1 7
Lindera benzoin Northern Spicebush Shrub Tree 1 1 3
Platanus occidentalis Sycamore, Plane-tree Tree 3 3 18
Quercus michauxii Basket Oak, Swamp Chestnut Oak Tree 2
Quercus phellos Willow Oak Tree 2 2 10
Quercus rubra Northern Red Oak Tree 2 2 5
Ulmus rubra Slippery Elm, Red Elm Tree 1 1 8
Viburnum prunifolium Black Haw, Nannyberry Shrub Tree 1 1 4
Xanthorhiza simplicissima Yellowroot, Brook-feather Shrub 1 1 4
17 17 92
11 6
0.0247 0.0247 0.1483
11 11 13
688 688 621
Color for Density
Exceeds requirements by 10% PnoLS: Number of planted stems excluding live stakes
Exceeds requirements, but by less than 10% P-all: Number of planted stems including live stakes
Fails to meet requirements, by less than 10% T: Total stems
Fails to meet requirements by more than 10%
Volunteer species included in total
Stems per ACRE
Current Mobile Vegetation Plot (MP) Data (MY0 2023)
Table 7b. Planted and Total Stem Counts
Stem count
size (ares)
Species count
size (ACRES)
Table 8. Vegetation Plot Criteria Attainment
Double Rock Mitigation Bank Parcel
DWR No. 2020-1095v1
Monitoring Year 0 - 2023
Permanent Vegetation Plot MY0 Success Criteria Met (Y/N)
4 Y
5 Y
6 Y
7 Y
8 Y
Mobile Vegetation Plot MY0 Success Criteria Met (Y/N)
2 Y 100%
Tract Mean (MY0 - 2023)
100%
100%
VEGETATION PLOT PHOTOGRAPHS
Monitoring Year 0 - 2023
Permanent Vegetation Plot 4 (4/25/2023) Permanent Vegetation Plot 5 (4/25/2023)
Permanent Vegetation Plot 6 (4/25/2023) Permanent Vegetation Plot 7 (4/25/2023)
Permanent Vegetation Plot 8 (4/25/2023) Mobile Vegetation Plot 2 (4/25/2023)
APPENDIX C
Conservation Easement
APPENDIX D
Overview Photographs (Monitoring Year 0 – 2023)
Project Overview (04/24/2023)
Drone Point 1: Elk Shoals Creek Reach 1A – upstream (04/24/2023)
Drone Point 2: Elk Shoals and Stikeleather Trib Confluence – upstream (04/24/2023)
Drone Point 3: Elk Shoals Creek Reach 2 – downstream (04/24/2023)
Drone Point 4: Elk Shoals Creek Reach 2 – upstream (04/24/2023)
Drone Point 5: Elk Shoals Creek and Randell Trib Confluence – downstream (04/24/2023)
Drone Point 6: Randell Trib – upstream (04/24/2023)
APPENDIX E
Agency Correspondence and Permit Approvals
October 15, 2021
Project 20-1095
Alexander County
Andrea Eckardt
Wildlands Engineering Inc.
aeckardt@wildlandseng.com
Subject: Determination for Applicability to the Catawba Riparian Buffer Rule 15A NCAC 02B
.0614
Project Name: Double Rock Mitigation Site
Address: Stikeleather Rd., Hiddenite, Alexander County
Location: Lat., Long: 35.865093, -81.094311
Dear Ms. Eckardt:
On October 14, 2021, staff of the Division of Water Resources (DWR) conducted an on-site review
of features located on the Double Rock Bank Parcel at the request of Wildlands Engineering Inc.
to determine the applicability of features on the site to the Catawba Riparian Buffer Rule.
The enclosed map(s) depict the feature(s) evaluated and this information is also summarized in
the table below. Streams were evaluated for being ephemeral, at least intermittent, and for
subjectivity to the Catawba Riparian Buffer Rule. Streams that are considered “Subject” have
been located on the most recently published NRCS Soil Survey of Catawba County and/or the
most recent copy of the USGS Topographic (at 1:24,000 scale) map(s), have been located on the
ground at the site, and possess characteristics that qualify them to be at least intermittent
streams. Features that are considered “Not Subject” have been determined to not be at least
intermittent, not present on the property, or not depicted on the required maps.
This determination only addresses the applicability to the buffer rules within the
proposed easement and does not approve any activity within buffers or within waters of
the state. There may be other streams or features located on the property that appear or
do not appear on the maps referenced above. Any of the features on the site may be
considered jurisdictional according to the US Army Corps of Engineers and subject to the
Clean Water Act.
The following table addresses the features observed and rated during the DWR site visit.
Feature ID
Feature
Stream type,
ditch, swale,
wetland, other
Subject
to Buffer
Rules
Start @ Stop @ Depicted on
Soil Survey
Depicted
on
USGS
Topo
Elk Shoals
Creek Main Channel na Prior to site
boundary
Exiting site
boundary Yes Yes
StikeLeather
Trib stream na Prior to site
boundary Elk Shoals No No
Randell
Trib stream na Prior to site
boundary Elk Shoals Yes Yes
Matheson
Trib
stream
(excluded) na excluded excluded No No
* E: Ephemeral, I: Intermittent, P: Perennial
This on-site determination shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute this determination made by the DWR may
request an appeal determination by the Director of Water Resources. An appeal request
must be made within sixty (60) calendar days of the date of this letter to the Director in
writing.
If sending via U.S. Postal Service:
Paul Wojoski - DWR 401 & Buffer
Permitting Branch Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Paul Wojoski - DWR 401 & Buffer
Permitting Branch Supervisor
512 N Salisbury St.
Raleigh, NC 27604
This determination is final and binding as detailed above unless an appeal is requested within
sixty (60) calendar days of the date of this letter.
If you have any additional questions or require additional information, please contact Alan
Johnson at alan.johnson@ncdenr.gove or 704-235-2200. This determination is subject to
review as provided in G.S. 150B.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments: Site Map with labels
cc: Katie Merritt, 401/Buffer Permitting Branch, email
for
January 5, 2022
Andrea Eckardt
Wildlands Engineering, Inc
(via electronic mail: aeckardt@wildlandseng.com )
Re: Site Viability for Buffer Mitigation – Double Rock Site
Near 35.8602878, -81.1006649 in Hiddenite, NC
Catawba Watershed
Alexander County
Dear Ms. Eckardt,
On October 18, 2021, Katie Merritt, with the Division of Water Resources (DWR), received a
request from you on behalf of Wildlands Engineering, Inc (Wildlands) for a site visit near the above-
referenced site in the Catawba Watershed. The site visit was to determine the potential for riparian
buffer mitigation within a proposed conservation easement boundary, which is more accurately
depicted in the attached map labeled “Figure 8-Concept Design Map” (Figure 8”) prepared by
Wildlands. The proposed easement boundary in Figure 8, includes all riparian areas intended to be
proposed as part of the mitigation site. This site is also being proposed as a stream mitigation site
and therefore stream bank instability or presence of erosional rills within riparian areas were not
addressed. On December 7, 2021, Ms. Merritt performed a site assessment of the subject site. Staff
with Wildlands were also present.
Ms. Merritt’s evaluation of the features onsite and their associated mitigation determination for the
riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB)
and landward 200’ from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295
(effective November 1, 2015).
Feature Classification
onsite
1Subject
to
Buffer
Rule
Riparian Land uses
adjacent to Feature
(0-200’)
Buffer
Credit
Viable
3Nutrient
Offset
Viable at
2,249.36
lbs-N/acre
4,5Mitigation Type Determination w/in
riparian areas
Randell Stream No non-forested pasture grazed
by cattle.
Yes N/A Non-forested pasture - Restoration Site
per 15A NCAC 02B .0295 (o)(3)
DocuSign Envelope ID: 82C7A346-752E-477D-A9EB-ADC1191AFB0B
Double Rock Site
Wildlands
January 5, 2022
Page 2 of 3
1Subjectivity calls for the features were determined by DWR in correspondence dated October 15, 2021 (DWR# - 2020-1095) using the
1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by
the NRCS .
2The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule.
3NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer
Establishment. Credits are calculated differently in the Jordan Lake Watershed. Phosphorus may be calculated separately.
4 Determinations made for this Site are determined based on the proposal provided in maps and figures submitted with the request.
5 All features proposed for buffer mitigation or nutrient offset, must have a planted conservation easement established that includes the
tops of channel banks when being measured perpendicular and landward from the banks, even if no credit is viable within that riparian
area. Easement breaks that disconnect the continuity of riparian restoration/enhancement/preservation result in no credit viable beyond
the break.
6The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 02B .0295 (o)(7).
7The area described as an Enhancement Site was assessed and determined to comply with all of 15A NCAC 02B .0295(o)(6). Cattle
exclusion fencing is required to be installed around the mitigation area to get buffer credit under this part of the rule.
Determinations provided in the table above were made using a proposed easement boundary showing
proposed mitigation areas shown in Figure 8. The map representing the proposal for the site is
attached to this letter and initialed by Ms. Merritt on January 5, 2022. Substantial changes to the
proposed easement boundary as well as any site constraints identified in this letter, could affect the
Site’s potential to generate buffer mitigation for credits.
This letter does not constitute an approval of this Site to generate buffer and nutrient offset credits.
Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to
DWR for written approval prior to conducting any mitigation activities in riparian areas and/or
surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0703, a proposal regarding a
proposed nutrient load-reducing measure for nutrient offset credit shall be submitted to DWR for
approval prior to any mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
Feature Classification
onsite
1Subject
to
Buffer
Rule
Riparian Land uses
adjacent to Feature
(0-200’)
Buffer
Credit
Viable
3Nutrient
Offset
Viable at
2,249.36
lbs-N/acre
4,5Mitigation Type Determination w/in
riparian areas
Elk Shoals Stream No Mostly non-forested pasture
grazed by cattle. Some
areas are fully dlforested
and not grazed by cattle
(see Figure 8)
2Yes N/A Non-forested pasture - Restoration Site
per 15A NCAC 02B .0295 (o)(3)
Forested Areas – Preservation Site per
15A NCAC 02B .0295 (o)(4)
Strikeleather Stream No
Forested and not grazed by
cattle.
2Yes
N/A Forested Areas – Preservation Site per
15A NCAC 02B .0295 (o)(4)
Matheson,
Matheson A,
&
Matheson B
Streams No Forested and not grazed by
cattle.
2Yes
N/A Forested Areas – Preservation Site per
15A NCAC 02B .0295 (o)(4)
DocuSign Envelope ID: 82C7A346-752E-477D-A9EB-ADC1191AFB0B
Double Rock Site
Wildlands
January 5, 2022
Page 3 of 3
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0703.
This viability assessment will expire on January 5, 2024 or upon approval of a mitigation plan
by the DWR, whichever comes first. This letter should be provided in any nutrient offset,
buffer, stream or wetland mitigation plan for this Site.
Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this
correspondence.
Sincerely,
Paul Wojoski, Supervisor
401 and Buffer Permitting Branch
PW/kym
Attachments: Figure 8: Concept Design Map
cc: File Copy (Katie Merritt)
Erin Davis (IRT, DWR)
DocuSign Envelope ID: 82C7A346-752E-477D-A9EB-ADC1191AFB0B
Surveyed Project Boundary
Proposed Conservation Easement
Internal Crossings
Existing Wetlands
Proposed Stream Restoration
Proposed Enhancement II
Proposed Stream Preservation
Non-Project Streams
Topographic Contours (2')
!P
_^
Reach Break
Proposed BMP
¬«1
50' Internal Crossing ¬«2
Wetland I
Reach 1
Reach 2A
P! ¬«1
Reach 2B P!
Wetland E Wetland D
Wetland C
Wetland F
Wetland G
Matheson
Trib A
Matheson
Trib B
Wetland H
2018 Aerial Photography
0 200 400 Feet ¹ Figure 8 Concept Design Map With Topo
Catawba Umbrella Mitigation Bank
Double Rock Mitigation Site
Catawba River Basin (03050101)
Alexander County, NC
_^
Existing Well House
External Break for
Proposed BMP 1
= Preservation
DocuSign Envelope ID: 82C7A346-752E-477D-A9EB-ADC1191AFB0B
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
September 19, 2022
DWR # 20201095
Alexander County
Wildlands Engineering
Attn: Andrea Eckardt
1430 South Mint Street, Suite 104
Charlotte, North Carolina 28203
Subject: Approval of Individual 401 Water Quality Certification
Double Rock Mitigation Site
USACE Action ID. No. SAW-2020-01532
Dear Ms. Eckardt:
Attached hereto is a copy of Certification No. WQC005174 issued to Andrea Eckardt and Wildlands
Holdings VI, LLC, dated September 19, 2022. This approval is for the purpose and design described in your
application. The plans and specifications for this project are incorporated by reference as part of this
Water Quality Certification. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is sold, the new
owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)].
The issuance of the 401 Water Quality Certification for the restoration/enhancement project does not
represent an approval of credit yield for the project.
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout
Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does
not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality
Certification shall not be interposed as a defense in any action respecting the determination of riparian or
littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality
Certification to possess any prescriptive or other right of priority with respect to any other consumptive
user.
Upon the presentation of proper credentials, the Division may inspect the property.
DocuSign Envelope ID: 17AAA367-8274-430F-8973-5F9AD3A96F52
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
Double Rock
DWR# 20201095
Individual Certification #WQC005174
Page 2 of 12
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water
Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Central Office within 24 hours (or the next business day if a weekend or holiday) from the time the
permittee becomes aware of the circumstances.
The permittee shall report to the Central Office any noncompliance with, and/or any violation of, stream
or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or
wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or
holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk’s Office at (919) 431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).
DocuSign Envelope ID: 17AAA367-8274-430F-8973-5F9AD3A96F52
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
Double Rock
DWR# 20201095
Individual Certification #WQC005174
Page 3 of 12
This letter completes the Division’s review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Erin Davis at 919-817-0360 or erin.davis@ncdenr.gov if you have any questions
or concerns.
Sincerely,
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Ian Eckardt, Wildlands Engineering
Kim Isenhour, Todd Tugwell, Casey Haywood, USACE Raleigh Regulatory Field Office
Todd Bowers, EPA
Doug Perez, DWR Mooresville Regional Office
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20201095_DoubleRock(Alexander)_401_approval_ltr.Sept.19.2022.docx
DocuSign Envelope ID: 17AAA367-8274-430F-8973-5F9AD3A96F52
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
Double Rock
DWR# 20201095
Individual Certification #WQC005174
Page 4 of 12
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION # WQC005174 is issued in conformity with the requirements of Section 401, Public Laws 92-
500 and 95-217 of the United States and subject to North Carolina’s Regulations in 15 NCAC 02H .0500 and
15A NCAC 02B .0200, to Andrea Eckardt and Wildlands Holdings VI, LLC, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water Resources
(Division) on August 12, 2022, and by Public Notice issued by the DWR on August 19, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental impacts.
[15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
S1 0 (linear feet) 150 (linear feet)
S2 1,540 (linear feet) 0 (linear feet)
S3 3,158 (linear feet) 0 (linear feet)
S4 927 (linear feet) 0 (linear feet)
S5 50 (linear feet) 0 (linear feet)
S6 31 (linear feet) 0 (linear feet)
Total 5,706 (linear feet) 150 (linear feet)
404/401 Wetlands
W1 0 (acres) 0.014 (acres)
W2 0.015 (acres) 0 (acres)
W3 0.032 (acres) 0 (acres)
W4 0.033 (acres) 0 (acres)
W5 0 (acres) 0.094 (acres)
W6 0.016 (acres) 0 (acres)
W7 0.061 (acres) 0 (acres)
W8 0 (acres) 0.080 (acres)
W9 0 (acres) 0.020 (acres)
W10 0 (acres) 0.011 (acres)
Total 0.157 (acres) 0.219 (acres)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The permittee shall report to the DWR Central Office any noncompliance with, and/or any violation of,
stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
DocuSign Envelope ID: 17AAA367-8274-430F-8973-5F9AD3A96F52
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
Double Rock
DWR# 20201095
Individual Certification #WQC005174
Page 5 of 12
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental
impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a
short-term or long-term basis.
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
3. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments
and further protect existing uses.
4. When applicable, all construction activities shall be performed and maintained in full compliance with
G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of
the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management
Practices for the control of sediment and erosion so that no violations of state water quality
standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures shall be
equal to or exceed the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline
Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor-owned or leased borrow pits associated with the project. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and
treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surface
Mining Manual. Reclamation measures and implementation shall comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of
1971.
DocuSign Envelope ID: 17AAA367-8274-430F-8973-5F9AD3A96F52
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
Double Rock
DWR# 20201095
Individual Certification #WQC005174
Page 6 of 12
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-
II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and
erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design
Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC02B .0200; 15A NCAC 02B .0231
5. Sediment and erosion control measures shall not be installed in wetland or waters except within the
footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed
within authorized impact areas, then placement of such measures shall not be conducted in a manner
that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed
within wetlands shall be removed from wetlands and the natural grade restored within two (2)
months of the date that DEMLR or locally delegated program has released the specific area within the
project to ensure wetland standards are maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in
the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated
as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and
reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds
these levels due to natural background conditions, the existing turbidity level shall not be increased.
As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present
in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
6. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses (including
aquatic life propagation and biological integrity), and the water quality to protect such uses, are
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream, continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of standards, or would result in secondary or cumulative
impacts.
7. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions
DocuSign Envelope ID: 17AAA367-8274-430F-8973-5F9AD3A96F52
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
Double Rock
DWR# 20201095
Individual Certification #WQC005174
Page 7 of 12
including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring,
record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in
the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated
as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and
reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds
these levels due to natural background conditions, the existing turbidity level shall not be increased.
As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present
in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
8. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in
contact with the disturbed area. Approved best management practices from the most current version
of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction
and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion
structures shall be used to minimize excavation in flowing water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving
water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout
waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs
not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels
due to natural background conditions, the existing turbidity level shall not be increased.
9. In-stream structures installed to mimic natural channel geomorphology such as cross-vanes, sills, step-
pool structures, etc. shall be designed and installed in such a manner that allow for continued aquatic
life movement.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. Ensuring that in-stream structures are installed properly
DocuSign Envelope ID: 17AAA367-8274-430F-8973-5F9AD3A96F52
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
Double Rock
DWR# 20201095
Individual Certification #WQC005174
Page 8 of 12
will ensure that surface water quality standards are met and conditions of waters are suitable for all
best uses.
10. Culverts shall be designed and installed in such a manner that the original stream profiles are not
altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of
the stream above and below a pipe or culvert shall not be modified by widening the stream channel or
by reducing the depth of the stream in connection with the construction activity. The width, height,
and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring
flow without adversely altering flow velocity. If the width of the culvert is wider than the stream
channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the
natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be
accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they
receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the streambed
by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for
culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and
aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for
aquatic passage, then culvert burial into the streambed is not required.
For structures less than 72” in diameter/width, and topographic constraints indicate culvert slopes of
greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the
slope have been investigated and aquatic life movement/connectivity has been provided when
possible (e.g. rock ladders, cross-vanes, sills, baffles etc.). Notification, including supporting
documentation to include a location map of the culvert, culvert profile drawings, and slope
calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there is
sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be
provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is
discovered during construction, then DWR shall be notified by phone or email within 24 hours of
discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions. When roadways, causeways, or other fill
projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or
bridges shall be provided to maintain the natural hydrology of the system as well as prevent
constriction of the floodway that may result in destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization techniques
shall be used where practicable instead of rip-rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters
DocuSign Envelope ID: 17AAA367-8274-430F-8973-5F9AD3A96F52
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
Double Rock
DWR# 20201095
Individual Certification #WQC005174
Page 9 of 12
will ensure that surface water quality standards are met and conditions of waters are suitable for all
best uses.
11. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or
wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and
Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of
contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland
Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that
may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall
not be present in amounts that may cause adverse impacts on existing wetland uses.
12. If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland
Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that
may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall
not be present in amounts that may cause adverse impacts on existing wetland uses.
13. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall
be returned to natural conditions within 60 calendar days after the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream’s original
cross-sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted
sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any remaining
surface waters or wetlands, and any surface waters or wetlands downstream, continue to support
existing uses after project completion.
DocuSign Envelope ID: 17AAA367-8274-430F-8973-5F9AD3A96F52
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
Double Rock
DWR# 20201095
Individual Certification #WQC005174
Page 10 of 12
14. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control
Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina
Department of Transportation Best Management Practices for Construction and Maintenance
Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters
will ensure that surface water quality standards are met and conditions of waters are suitable for all
best uses.
15. Any rip-rap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction activity.
All rip-rap shall be placed such that the original streambed elevation and streambank contours are
restored and maintained and shall consist of clean rock or masonry material free of debris or toxic
pollutants. Placement of rip-rap or other approved materials shall not result in de-stabilization of the
stream bed or banks upstream or downstream of the area or be installed in a manner that precludes
aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would result in
secondary or cumulative impacts.
16. Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip-rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank stabilization
measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would result in
secondary or cumulative impacts.
17. All mechanized equipment operated near surface waters shall be inspected and maintained regularly
to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic
materials. Construction shall be staged in order to minimize the exposure of equipment to surface
waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance
DocuSign Envelope ID: 17AAA367-8274-430F-8973-5F9AD3A96F52
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
Double Rock
DWR# 20201095
Individual Certification #WQC005174
Page 11 of 12
shall be performed in a manner to prevent, to the maximum extent practicable, contamination of
surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland
Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that
may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall
not be present in amounts that may cause adverse impacts on existing wetland uses.
18. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands
such that hydrologic conditions necessary to support natural biological and physical characteristics are
protected; populations of wetland flora and fauna are maintained to protect biological integrity of the
wetland; and materials or substances are not present in amounts that may cause adverse impact on
existing wetland uses.
19. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25
gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of discharge
must immediately notify the Department, or any of its agents or employees, of the nature, location,
and time of the discharge and of the measures which are being taken or are proposed to be taken to
contain and remove the discharge. This action is required in order to contain or divert the substances
to prevent entry into the surface waters. Surface water quality standards require that conditions of
waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life
propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation;
agriculture); and that activities must not cause water pollution that precludes any best use on a short-
term or long-term basis.
20. The permittee and their authorized agents shall conduct all activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with §303(d) of
the Clean Water Act), and any other appropriate requirements of State and Federal Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
DocuSign Envelope ID: 17AAA367-8274-430F-8973-5F9AD3A96F52
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000
Double Rock
DWR# 20201095
Individual Certification #WQC005174
Page 12 of 12
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would result in
secondary or cumulative impacts.
21. The permittee shall require its contractors and/or agents to comply with the terms and conditions of
this certification in the construction and maintenance of this project, and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project with a copy
of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the
project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401
Water Quality Certification to minimize water quality impacts.
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 Permit. The conditions in effect on the date of issuance
shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A
NCAC 02H .0507(c)]
This, the 19th day of September 2022
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
EBD/PAW
#WQC005174
DocuSign Envelope ID: 17AAA367-8274-430F-8973-5F9AD3A96F52
APPENDIX F
Double Rock Mitigation Bank Parcel As-Built Buffer Map
DocuSign Envelope ID: 75F098D8-60C4-44ED-9542-62516A7DDACD