WQC 3685

Water Quality Certification N°. 3685
GENERAL CERTIFICATION FOR_PROJECTS ELIGIBLE FOR US ARMY
CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 37
(EMERGENCY WATERSHED PROTECTION AND REHABILITATION) AND
45 (REPAIR OF UPLANDS DAMAGED BY DISCRETE EVENTS),
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3685 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 Permits No. 37 and
45) 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.
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.
Any proposed fill or modification of wetlands or waters (including stream relocation and
excavation and removal of rock or sand bars and associated vegetation) requires application to,
and written approval from the Division of Water Quality (the "Division"). Activities that are
located within river basins with Riparian Area Protection Rules (Buffer Rules) require
written approval unless listed in the Table of Uses as "Exempt".
In accordance with North Carolina General Statute Section 143-215.3D(e), any requirement for
written approval fora 401 Water Quality Certification must include the appropriate fee. If a
project also requires a CAMA Permit, then one payment to both agencies shall be submitted and
will be the higher of the two fees.
Conditions of Certification:
1. No Impacts Beyond those Authorized in the Written Approval
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts authorized in the written approval, including incidental
impacts. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
2. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation, operation, and maintenance of such Best
Management Practices:
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
projects, including contractor-owned or leased borrow pits associated with the project.
Water Quality Certification No. 3685

Water Quality Certification N°. 3685
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout (Tr), SA, WS-I, WS-II, High Quality (HQW), or Outstanding Resource (ORW)
waters, then the sediment and erosion control requirements contained within Design
Standards in Sensitive Watersheds (15A NCAC 04B .0124) supercede all other sediment
and erosion control requirements.
3. Sediment and erosion control measures must be implemented prior to construction and
maintained on the sites to minimize sediment in downstream areas. Seeding for a temporary
cover of wheat, millet, or similar annual grain or permanent herbaceous cover should occur
on all bare soil within five (5) days ofground-disturbing activities to provide long-term erosion
control.
Impacts to vegetated riparian buffers should be minimized. The projects should be
accomplished in stages instead of leaving large tracts exposed to further storm events.
Erosion control matting shall be used in conjunction with appropriate seeding on disturbed
soils in steep slope and riparian areas. Matting should be secured in place with staples,
stakes, or preferably live stakes of native trees. Straw mulch and tall fescue shall not be
used in riparian areas. Re-seeding should be conducted during the spring season with a
native annual and perennial seed mix with a temporary nursery crop of wheat, millet, or other
grain.
4. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters without
prior written approval by the Division. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, design and placement of 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. All
sediment and erosion control devices shall be removed and the natural grade restored within
two (2) months of the date that the Division of Land Resources or locally delegated program
has released the project.
5. Construction stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCG010000) administered by the Division is
automatically issued to the project. This General Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated by conditions in the permit. If your
project is covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation control plan,
self-monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms may be found at
http ~//h2o. enr. state. nc. us/su/Forms Documents. htm.
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Water Quality Certification N°. 3685
6. Construction Moratoriums and Coordination
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern must be
obeyed.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
NC Wildlife Resources Commission will not object to construction of Natural Resources
Conservation Service (NRCS) `urgent and compelling' sites during the spawning period
provided these projects are, to the extent appropriate and practical, constructed by:
a. Using flow diversion structures such as sandbags;
b. Placing large-size rock toes and filter cloth backing for stabilization sites before
backfilling; and
c. Excavating new channel alignments in dry areas.
Construction at non-`urgent and compelling' sites shall not occur during the spawning period
to minimize the potential adverse effects of multiple construction activities on trout or
anadromous fish resources in this stream.
7. Riparian Area Protection (Buffer) Rules
Activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands
or not) within the Neuse, Tar-Pamlico, Randleman, or Catawba River Basins (or any other
river basin with buffer rules), shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B .0233, .0259, .0250, and .0243, and 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. All riparian
area protection rule requirements, including diffuse flow requirements, must be met.
8. Water Supply Watershed Buffers
The 30-foot wide vegetative buffer (low-density development) or the 100-foot wide (high-
density development) shall be maintained adjacent to all perennial waters except for
allowances as provided in the Water Supply Watershed Protection Rules [15A NCAC 2B
.0212 through .0215].
9. If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts uncured concrete should not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life/fish kills.
10. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water. Channel realignments shall be constructed by excavating the
new channel from downstream to upstream before connecting it to the existing channel.
Water Quality Certification No. 3685

Water Quality Certification N°. 3685
Heavy equipment should be operated from the bank whenever possible. All mechanized
equipment operated near surface waters should be inspected and maintained regularly to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic
materials. Equipment used in stream channels must be clean, new, or low-hour equipment.
Construction must be staged in order to minimize the exposure of equipment to surface
waters to the maximum extent practicable.
Natural channel design should be used to restore the stream to a more stable dimension,
pattern and profile, and upstream and downstream portions shall not be altered by widening
the stream channel or modifying its depth. Under no circumstances, should river rock, sand,
or other materials be dredged from the stream channel under authorization of the General
Certification as this has catastrophic effects on aquatic life and downstream channel stability.
Stabilization measures should only be applied on or near existing erosion sites, leaving other
stable stream bank areas in a natural condition. Grading and backfilling should be minimized
and tree and shrub growth should be retained where possible to ensure long-term availability
of stream bank cover for wildlife and aquatic organisms. Backfill materials should be
obtained from upland sites; streambed materials shall not be removed. Berms are not
allowed as they constrict and accelerate flows, impede the floodplain, and often fail.
Only clean, large angular rock; large woody material; or other natural stream design materials
and techniques should be used for bank stabilization. Rock shall not be placed in the stream
channel in a manner that constricts stream flow or would impede aquatic life passage during
low flow conditions. Filter cloth shall be placed behind large rock (for bank stabilization).
Properly designed rock vanes shall be constructed where appropriate on bank stabilization
and channel realignment stream reaches to improve channel stability and to improve aquatic
habitat. Root wads shall be installed low enough in the bank so that at least one-third (1/3) of
the root wad is inundated during normal flows.
Disturbed stream banks and a 25-foot vegetated (buffer) zone, or the widest buffer that is
practicable under the site conditions, shall be restored along the construction sites to natural
riparian conditions using native trees and shrubs to provide long-term bank stability and
stream shading. This may include: silky dogwood, rhododendron, dog hobble, red maple,
silky willow, black willow, tag alder, and sycamore. Cuttings should be planted randomly on
4-foot centers from the waters' edge to the top of the bank. Trees should be planted on 10-
12-foot centers. Stream banks in these locations shall also be seeded with a temporary
nursery crop of wheat, millet, or other grain to stabilize the bank during tree/shrub
establishment.
If pasture along the stream is used for grazing, the applicant must inform the adjacent
landowners that cattle shall be prohibited from damaging riparian areas/destabilizing the
stream banks and channel.
11. Compensatory Mitigation
In accordance with 15A NCAC 2H .0506 (h), compensatory mitigation may be required for
loss of 150 linear feet or more of streams and/or one (1) acre or more of wetlands.
Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and
intermittent stream impacts in watersheds classified as ORW, HQW, Tr, WS-I and WS-II.
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.
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Water Quality Certification N°. 3685
A determination of buffer, wetland and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide Permit. Design and monitoring
protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation
Guidelines (April 2003), or its subsequent updates. Compensatory mitigation plans shall be
submitted for written Division approval as required in those protocols. Alternatively, the
Division will accept payment into an in-lieu fee program or credit purchase from a mitigation
bank.
Finally, the mitigation plan must be implemented and/or constructed before any permanent
building or structure on site is occupied. In the case of public road projects, the mitigation
plan must be implemented before the road is opened to the public. Proof of payment to an
in-lieu fee program or mitigation bank must be provided to the Division to satisfy this
requirement.
12. If an environmental document is required under NEPA or SEPA, then this General
Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of
Decision (ROD) is issued by the State Clearinghouse.
13. Additional site-specific conditions may be added to the written approval in order to ensure
compliance with all applicable water quality and effluent standards.
14. This General Certification shall expire (3) three years from the date of the approval letter from
the Division or on the same day as the expiration date of these corresponding Nationwide
and Regional General Permits. The conditions in effect on the date of issuance of
Certification for a specific project shall remain in effect for the life of the project, regardless of
the expiration date of this Certification. If the construction process for approved activities will
overlap the expiration and renewal date of the corresponding 404 Permit and the Corps
allows for continued use of the 404 Permit, then the General Certification shall also remain in
effect without requiring re-application and re-approval to use this Certification for the specific
impacts already approved.
15. When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
16. The applicant/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. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
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 if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland, stream, or downstream waters are precluded.
Water Quality Certification No. 3685

Water Quality Certification N°. 3685
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: November 1, 2007
DIVISION OF WATER QUALITY
By
Coleen H. Sullins
Director
History Note: Water Quality Certification Number 3685 replaces Water Quality Certification
Number 3027 issued on September 6, 1995, Water Quality Certification Number 3115 issued on
February 11, 1997, Water Quality Certification Number 3367 issued on March 18, 2002 and
Water Quality Certification Number 3636 issued on March 19, 2007. This General Certification is
rescinded when the Corps of Engineers reauthorize Nationwide Permit 37 or when deemed
appropriate by the Director of the Division of Water Quality.
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