WQC 3688

Water Quality Certification N°. 3688
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR U.S. ARMY CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 33
(TEMPORARY CONSTRUCTION, ACCESS AND DEWATERING)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3688 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) 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.
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.
Activities covered by this General Certification do not require written approval from the Division of
Water Quality (the "Division") as long as they comply with the Conditions listed below. If any of
these Conditions cannot be met, or if the activity is associated with or in response to a
Notice of Violation from the Division of Water Quality or the NC Division of Land
Resources, then written approval from the Division is required. Activities that are located
within river basins with Riparian Area Protection Rules (Buffer Rules) require written
approval unless listed in the as "Exempt" within the riparian rules.
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 by this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the thresholds authorized by this Certification, 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 shall be in full compliance with all specifications
governing the proper design, installation and 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. Th-e
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.
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.
Water Quality Certification No. 3688

Water Quality Certification N°. 3688
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. except for publicly
funded linear transportation projects when materials can be accessed offsite in a timely
manner.
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. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters outside
of the permitted impact areas without prior written approval from the Division. If placement of
sediment and erosion control devices in wetlands and waters is unavoidable, then the 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.
4. 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.
NCDOT shall be required to be in full compliance with the conditions related to construction
activities within the most recent version of their individual NPDES (NCS000250) stormwater
permit.
5. 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. This condition can be waived through written concurrence on a case by case basis
upon reasonable justification.
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.
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Water Quality Certification N°. 3688
6. 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 and Catawba River Basins (or any other
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 buffer
rule requirements, including diffuse flow requirements, shall be met.
7. Water Supply Watershed Buffers
The 100-foot wide (high-density development) or the 30-foot wide vegetative buffer (all other
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].
8. 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.
9. Placement of culverts and other structures in waters, streams, and wetlands
The application must include construction plans with cross-sectional details in order to
indicate that the current stability of the stream will be maintained or enhanced (i.e., not result
in head cuts).
Culverts required for this project 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.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert. Placement of culverts
and other structures in waters, streams, and wetlands must be placed below the elevation of
the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. unless otherwise justified and approved by the
Division
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. 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.
Any rip rap required for normal pipe burial and stabilization shall be buried such that the
original stream elevation is restored and maintained.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip-rap or other bank hardening
methods.
Water Quality Certification No. 3688

Water Quality Certification N°. 3688
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.
Exceptions to this condition require submittal to, and approval by, the Division of Water
Quality.
11. If concrete is used during the construction, then a dry work area should be maintained to
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.
12. Temporary Fills
All temporary fill and culverts shall be removed and the impacted area returned to the original
grade, including each stream's original cross sectional dimensions, planform pattern, and
longitudinal bed and bed profile after construction is complete or within two (2) months of the
establishment of the crossing, which ever is sooner, and the various sites shall be stabilized
with natural woody vegetation (except for the maintenance areas of permanent utility
crossings) and restored to prevent erosion. If the crossings are not completely removed and
restored as described above within the specified time above, then written approval from the
Division must be obtained to modify this condition.
13. Pipes shall be installed under the road or causeway in all streams to carry at least the 25-
yearstorm 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 General Certification.
14. For projects requiring written approval, additional site-specific conditions may be added to
the cover letter in order to ensure compliance with all applicable water quality and effluent
standards.
15.Certificate of Completion
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. This General Certification shall expire three (3) years from the date of issuance of the written
approval or on the same day as the expiration date of these corresponding Nationwide and
Regional General Permits. In accordance with General Statute 136-44.76, certifications
issued to the NCDOT shall expire only upon expiration of the federal 404 Permit. 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.
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Water Quality Certification N°. 3688
17. 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 General 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.
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 3388 replaces Water Quality Certification
Number 2727 issued on May 1, 1992, Certification Number 3114 issued on February 11, 1997,
Certification Number 3366 issued March 18, 2002, and Certification Number 3634 issued March,
2007. This General Certification is rescinded when the Corps of Engineers reauthorize
Nationwide Permit 33 or when deemed appropriate by the Director of the Division of Water
Quality.
Water Quality Certification No. 3688