WQC 3691

Water Quality Certification N°. 3691
GENERAL CERTIFICATION FOR EMERGENCY DREDGING
Water Quality Certification Number 3691 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.
The category of activities is limited to emergency maintenance dredging activities in the coastal
navigable waters of the state when authorized by the Rivers and Harbors Act of 1899, and which
are initiated by the District Engineer of the Wilmington District of the U.S. Army Corps of
Engineers or the Governor of North Carolina.
This General Certification is applicable only when the District Engineer of the U.S. Army Corps of
Engineers or the Governor of North Carolina makes the determination that a rapid response is
required for frequent and unpredictable sand shoals forming in an authorized channel such that it
poses an immediate threat to navigation.
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.
Activities covered by this General Certification do not require written approval from the Division of
Water Quality (the "Division"). Two (2) copies of the Pre-Construction Notification that include a
written report shall be sent electronically to the Division-one copy to the Central Office in
Raleigh, and the other copy to the appropriate Division Regional Office-prior to the dredging
activity to document the need for the dredging and post-depth soundings, and placement of
dredged material.
The activities shall comply with all Conditions listed below. If any of these Conditions cannot
be met, 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.
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 in Pre-construction Notification Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-construction Notification, 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 and operation and maintenance of such Best
Management Practices:
Water Quality Certification No. 3691

Water Quality Certification N°. 3691
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.
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. Turbidity shall not exceed the standards specified by the water quality classification outside of
a suitable mixing zone as specified by the Division. Methods may include silt curtains,
reducing dredging intensity, or other practicable methods to ensure minimization of turbidity
during project construction.
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 approval by 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.
5. The U.S. Army Corps of Engineers shall dredge by side-casting or other means most
readily available and shall dispose of the dredged material in open water adjacent to the
channel, in a suitable diked upland disposal basin or along the ocean beaches.
6. Construction Moratoriums and Coordination
All emergency work must be coordinated with the appropriate NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), and/or National Marine Fisheries Service (NMFS) personnel to lessen impacts on
trout, anadromous fish, larval/post-larval fishes and crustaceans, or other aquatic species of
concern.
If such activities should take place during periods of high biological activity (e.g., bird or sea
turtle nesting), biological monitoring may be required at the request of other state or federal
agencies and coordinated with these dredging activities.
7. 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.
Water Quality Certification No. 3691 2

Water Quality Certification N°. 3691
8. The spoil material shall be predominately sand. The turbidity plume shall not impede the
free passage offish adjacent to or downstream from the project. This General Certification
does not relieve the Corps of Engineers or their contractors from potential liability with
respect
to any kills of fish or other aquatic life which may result.
9. Two (2) copies of an as-built report shall be submitted to the Division within sixty (60) days
following the emergency activity covered by this General Certification.
10. 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.11.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.
11. This General Certification shall expire three (3) years from the date of the issuance of the
written approval or on the same day as the expiration date of the 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.
12. 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.
Water Quality Certification No. 3691

Water Quality Certification N°. 3691
Effective date: November 1, 2007
DIVISION OF WATER QUALITY
By
Coleen H. Sullins
Coleen H. Sullins
Director
History Note: Water Quality Certification Number 3691 replaces Water Quality Certification
Numbers 1333 and 1322 issued on June 12, 1987 and Certification Number 3123 issued on
February 11, 1997, Certification Number 3369 issued on March 18, 2002, and Certification
Number 3650 issued on March 19, 2007. This General Certification can be rescinded when
deemed appropriate by the Director of the Division of Water Quality.
Water Quality Certification No. 3691 4