WQC 3634

WQC #3634
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 33
(TEMPORARYCONSTRUCTION, ACCESS AND DEWATERING)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section
401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Division of Water Quality Regulations in 15A NCAC 2H, Section .0500 and 15A
NCAC 2B .0200 for the discharge of fill material to waters and wetland areas as
described in 33 CFR 330 Appendix A (B) (33) of the Corps of Engineers regulations (i.e.,
Nationwide Permit No. 33) and for the Riparian Area Protection Rules (Buffer Rules) in
15A NCAC 2B .0200. The category of activities shall include any fill activity for
temporary construction, access and de-watering. This Certification replaces Water
Quality Certification Number 2727 issued on May 1, 1992 and Certification Number 3114
issued on February 11, 1997 and WQC Number 3366 issued March 18, 2002. This
WQC is rescinded when the Corps of Engineers reauthorizes Nationwide Permit 33 or
when deemed appropriate by the Director of the DWQ.
The State of North Carolina certifies that the specified category of activity will not
violate appropriate portions of Sections 301, 302, 303, 306 and 307 of the Public Laws
92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. These activities do not require written concurrence from the Division of Water
Quality as long as they comply with all conditions of this General Certification. If
any condition in this Certification cannot be met, application to and written
concurrence from DWQ are required. Also, Condition No. 2 is applicable to all
streams in basins with riparian area protection rules;
2. Impacts to any stream length in the Neuse, Tar-Pamlico and Randleman River
Basins (or any other major river basins with Riparian Area Protection Rules
[Buffer Rules] in effect at the time of application) requires written concurrence
from DWQ in accordance with 15A NCAC 2B.0200. Activities listed as "exempt"
from these rules do not need to apply for written concurrence under this
Certification. New development activities located in the protected 50-foot wide
riparian areas (whether jurisdictional wetlands or not) within the Neuse, Tar-
Pamlico, Randleman and Catawba River Basins shall be limited to "uses"
identified within and constructed in accordance with 15A NCAC 2B .0200. All
new development shall be located, designed, constructed, and maintained to
have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices;
3. Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining
Manual" whichever is more appropriate (available from the Division of Land
Resources (DLR) in the DENR Regional or Central Offices) shall be in full
compliance with all specifications governing the proper design, installation and
operation and maintenance of such Best Management Practices in order to
assure compliance with the appropriate turbidity water quality standard;

WQC #3634
4. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored within two months after the Division of
Land Resources has released the project;
5. If an environmental document is required, this Certification is not valid until a
Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued
by the State Clearinghouse;
6. Placement of culverts and other structures in waters, streams, and wetlands must
be placed below the elevation of the streambed to allow low flow passage of
water and aquatic life unless it can be shown to DWQ that providing passage
would be impractical. Design and placement of culverts including open bottom or
bottomless arch culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of
wetlands or stream beds or banks, adjacent to or upstream and down stream of
the above structures. The applicant is required to provide evidence that the
equilibrium shall be maintained if requested in writing by DWQ. Additionally, when
roadways, causeways or other fill projects are constructed across FEMA-
designated floodways or wetlands, openings such as culverts or bridges must 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;
7. Measures shall be taken to prevent live or fresh concrete from coming into
contact with waters of the state until the concrete has hardened;
8. All temporary fill shall be removed to the original grade after construction is
complete and the site shall be stabilized to prevent erosion;
9. Pipes shall be installed under the road or causeway in all streams to carry at least
the 25 year storm event 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" so as not to restrict stream flow during
use of this Certification;
10. In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence fora 401 Water Quality Certification must include
the appropriate fee. If a project also requires a CAMA Permit, one payment to
both agencies shall be submitted and will be the higher of the two fees;
11. Additional site-specific conditions may be added to projects for which written
concurrence is required or requested under this Certification in order to ensure
compliance with all applicable water quality and effluent standards;
12. Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or on the same day
as the expiration date of these corresponding Nationwide and Regional General
Permits, whichever is sooner;

WQC #3634
13. When written concurrence is required, the applicant is required to use the most
recent version of the Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed.
Non-compliance with or violation of the conditions herein set forth by a specific fill
project shall result in revocation of this Certification for the project and may result in
criminal and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require submission
of a formal application for individual certification for any project in this category of activity
that requires written concurrence under this certification, if it is determined that the
project is likely to have a significant adverse effect upon water quality or degrade the
waters so that existing uses of the wetland, stream or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to
a Certification decision if deemed in the public's best interest by the Director of the North
Carolina Division of Water Quality.
Effective date: 19 March 2007
DIVISION OF WATER QUALITY
By

Alan W. Klimek, P.E.
Director
WQC # 3634