20160849 Ver 2_Upper Rocky (Mecklenburg)_401_approval_ltr.09.06.2023

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 6, 2023

DWR # 2016 0849 Ver. 2
Mecklenburg County

Water & Land Solutions, LLC
Attn: Kyle Obermiller
7721 Six Forks Rd.
Raleigh, NC, 27615

Delivered via email to: [e-mail]

Subject: Approval of Individual 401 Water Quality Certification
Upper Rocky Mitigation Project
USACE Action ID. No. SAW-2015-01816

Dear Mr. Obermiller:

Attached hereto is a copy of Certification No. WQC006256 issued to Kyle Obermiller and Water & Land
Solutions, LLC, dated September 6, 2023. The purpose of this Certification is to authorize repairs within
previously approved impacts from DWR#20160849 Ver. 1, issued on April 29, 2020. 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
DocuSign Envelope ID: 6FF50CC1-B4FA-4DA4-8C32-48EE2E681E17
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
Upper Rocky Mitigation Site
DWR# 20160849 Ver. 2
Individual Certification #WQC006256
Page 2 of 12

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.
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 Division’s 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 Division’s 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 [phone].
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: 6FF50CC1-B4FA-4DA4-8C32-48EE2E681E17
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
Upper Rocky Mitigation Site
DWR# 20160849 Ver. 2
Individual Certification #WQC006256
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 Maria Polizzi at 919-815-4586 or [e-mail] if you have any questions
or concerns.

Sincerely,

Michael Pjetraj, Deputy Director
401 & Buffer Permitting Branch
Division of Water Resources, NCDEQ

Electronic cc: Kyle Obermiller
Steve Kichefski, Erin Davis, USACE Wilmington District
Todd Bowers, EPA
Amie Hoy, DWR Mooresville Regional Office
DWR 401 & Buffer Permitting Branch Electronic file

Filename: 20160849 Ver 2_Upper Rocky (Mecklenburg)_401_approval_ltr.09.06.2023.docx

DocuSign Envelope ID: 6FF50CC1-B4FA-4DA4-8C32-48EE2E681E17
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
Upper Rocky Mitigation Site
DWR# 20160849 Ver. 2
Individual Certification #WQC006256
Page 4 of 12

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION

CERTIFICATION # WQC006256 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 Kyle Obermiller and Water & Land Solutions, 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 28, 2023.
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
Permanent
Amount Approved Temporary
Perennial Streams
S1 0 linear feet 50 linear feet
S2 0 linear feet 15 linear feet
S3 0 linear feet 15 linear feet
Riparian Wetlands
W7 0 acres 0.220 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 Division’s 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.
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)
DocuSign Envelope ID: 6FF50CC1-B4FA-4DA4-8C32-48EE2E681E17
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
Upper Rocky Mitigation Site
DWR# 20160849 Ver. 2
Individual Certification #WQC006256
Page 5 of 12

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.
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
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
DocuSign Envelope ID: 6FF50CC1-B4FA-4DA4-8C32-48EE2E681E17
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
Upper Rocky Mitigation Site
DWR# 20160849 Ver. 2
Individual Certification #WQC006256
Page 6 of 12

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.
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.
DocuSign Envelope ID: 6FF50CC1-B4FA-4DA4-8C32-48EE2E681E17
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
Upper Rocky Mitigation Site
DWR# 20160849 Ver. 2
Individual Certification #WQC006256
Page 7 of 12

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
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)
DocuSign Envelope ID: 6FF50CC1-B4FA-4DA4-8C32-48EE2E681E17
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
Upper Rocky Mitigation Site
DWR# 20160849 Ver. 2
Individual Certification #WQC006256
Page 8 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. Ensuring that in-stream structures are installed properly
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)
DocuSign Envelope ID: 6FF50CC1-B4FA-4DA4-8C32-48EE2E681E17
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
Upper Rocky Mitigation Site
DWR# 20160849 Ver. 2
Individual Certification #WQC006256
Page 9 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. 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.
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)
DocuSign Envelope ID: 6FF50CC1-B4FA-4DA4-8C32-48EE2E681E17
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
Upper Rocky Mitigation Site
DWR# 20160849 Ver. 2
Individual Certification #WQC006256
Page 10 of 12

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.
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.
DocuSign Envelope ID: 6FF50CC1-B4FA-4DA4-8C32-48EE2E681E17
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
Upper Rocky Mitigation Site
DWR# 20160849 Ver. 2
Individual Certification #WQC006256
Page 11 of 12

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
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.
DocuSign Envelope ID: 6FF50CC1-B4FA-4DA4-8C32-48EE2E681E17
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
Upper Rocky Mitigation Site
DWR# 20160849 Ver. 2
Individual Certification #WQC006256
Page 12 of 12

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)
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 6th day of September 2023

Michael Pjetraj, Deputy Director
401 & Buffer Permitting Branch
Division of Water Resources, NCDEQ

MAP
#WQC00
DocuSign Envelope ID: 6FF50CC1-B4FA-4DA4-8C32-48EE2E681E17