WQC 3636

WQC #3636
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR
CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 37
(EMERGENCY WATERSHED PROTECTION AND REHABILITATION)
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) (37) of the
Corps of Engineers regulations (i.e., Nationwide Permit No. 37) and for the Riparian Area
Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. The category of activities shall include
any fill activity for work done or funded by the Natural Resources Conservation Service qualifying
as an "exigency" situation (requiring immediate action) under its Emergency Watershed
Protection Program and work done or funded by the Forest Service under its Burned-Area
Emergency Rehabilitation Handbook. This Certification replaces Water Quality Certification
Number 3027 issued on September 6, 1995 and Certification Number 3115 issued on February
11, 1997 and WQC Number 3367 issued March 18, 2002. This WQC is rescinded when the
Corps of Engineers reauthorize Nationwide Permit 37 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
applicable 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. Proposed fill or substantial modification of wetlands or waters (including stream relocation
and excavation, and removal of rock or sand bars and associated vegetation) under this
General Certification requires application to and prior written concurrence from the Division
of Water Quality;
2. All work shall be done from the edges or bank of the stream. Any work below the normal
high water level in the stream or requiring equipment to operate within the stream shall
require written authorization from DWQ;
3. Any work within the twenty (20) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the N.C. Wildlife
Resources Commission and/or U.S. Fish and Wildlife Service personnel;
4. Impacts to vegetated buffers along the stream should be minimized and any disturbed
areas shall be stabilized as soon as the project is completed by the planting of riparian
buffers with indigenous woody species;
5. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River
Basins (or any other 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 shalt 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;

WQC #3636
6. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. In
addition, buffer mitigation may be required for any project with Buffer Rules in effect at the
time of application for buffer impacts resulting from activities classified as "allowable with
mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance
under the Buffer Rules. A determination of buffer, wetland and stream mitigation
requirements shall be made for any Certification for this Nationwide Permit. The most
current design and monitoring protocols from DWQ shall be followed and written plans
submitted for DWQ approval as required in those protocols. When compensatory
mitigation is required for a project, the mitigation plans must be approved by DWQ in
writing before the impacts approved by the Certification occur. The mitigation plan must be
implemented and/or constructed before any permanent building or structure on site is
occupied.
7. 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;
8. 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;
9. 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;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
11. 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;
12. 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;
13. 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;
14. 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.

WQC #3636
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 # 3636