WQC 3638

WQC #3638
AGRICULTURAL ACTIVITIES CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR
CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 40
(AGRICULTURAL ACTIVIES)
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 (DWQ) 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) (40) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This
Certification replaces Water Quality Certification Number 2673 issued on January 21, 1992,
Water Quality Certification Number 3117 issued on February 11, 1997 and Water Quality
Certification Number 3291 issued on June 1, 2000 and WQC Number 3364 issued March 18,
2002. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide Permit 40
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. Enumerating and Reporting of Impacts:
Streams -Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or
temporary stream impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Stream relocations and stream bed
and/or bank hardening are considered to be permanent stream impacts. Any activity that
results in a loss of use of stream functions including but not limited to filling, relocating,
flooding, dredging and complete shading shall be considered stream impacts. Enumeration of
impacts to streams shall include streams enclosed by bottomless culverts or bottomless
arches when a 404 Permit is used anywhere in a project.
Wetlands -Impacts to wetlands as determined by the Division of Water Quality shall be
measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the
entire project for all impacts regardless of which 404 Nationwide Permits are used. Any
activity that results in a loss of use of wetland functions including but not limited to filling,
draining, and flooding shall be considered wetland impacts. Enumeration of impacts to
wetlands shall include activities that change the hydrology of a wetland when a 404 Permit is
used anywhere in a project.
Lakes and Ponds -Lake and Pond Impacts Enumeration- Impacts to waters other than
streams and wetlands as determined by the Division of Water Quality shall be measured as
area. Permanent and/or temporary water impacts shall be enumerated on the entire project
for all impacts proposed regardless of which 404 Nationwide Permits are used. Any activity
that results in a loss of use of aquatic functions including but not limited to filling and dredging
shall be considered waters impacts;
2. Proposed fill or substantial modification of wetlands or waters (including streams) under
this General Certification requires application to and prior written concurrence from the
Division of Water Quality;
3. Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and
intermittent stream impacts that require application to DWQ in watersheds classified as
ORW, HQW, Tr, WS-I and WS-II;

WQC #3638
4. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application 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;
5. 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.
6. For any project involving a stream re-alignment, a stream relocation plan must be
included with the 401 application. This plan must be approved by DWQ prior to issuance
of the 401 Certification. Relocated stream designs shall include the same dimensions,
patterns and profiles as the existing channel, to the extent practical. The new channel
shall be constructed in the dry and water shall not be turned into the new channel until the
banks are stabilized. Vegetation used for bank stabilization shall be limited to native
species, and should include establishment of a 30 foot wide wooded plus an adjacent 20
foot vegetated buffer on both sides of the relocated channel to the extent practical;
7. Impacts to any stream length in the Neuse, Tar-Pamlico and Randleman 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 26.0200. 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 and Randleman 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;
8. Additional site-specific stormwater management requirements may be added to this
Certification at DWQ's discretion on a case by case basis for projects that have or are
anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater
management shall be designed to remove 85% TSS according to the latest version of
DWQ's stormwater Best Management Practices manual at a minimum.
Additionally, in the immediate watersheds which drain directly to 303(d) listed waters, as
well as watersheds that are classified as nutrient sensitive waters (NSW), water supply
waters (WS), trout waters (Tr), high quality waters (HQW), and outstanding resource
waters (ORW), the Division shall require that extended detention wetlands, bio-retention
areas, and ponds followed by forested filter strips (designed according to latest version of
the NC DENR stormwater Best Management Practices Manual) be constructed as part of
the stormwater management plan when asite-specific stormwater management plan is
required.

WQC #3638
Alternative designs may be requested by the applicant and will be reviewed on a case-by-
case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufficient to
satisfy this Condition as long as the stormwater management plans meet or exceed the all
of the design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs.
• Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Certification occur.
• The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
• Also, before any permanent building or other structure is occupied at the subject site,
the facilities (as approved by the Wetlands Unit) shall be constructed and operational,
and the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented.
• The structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
• No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
9. 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 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;
10. That 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;
11. All sediment and erosion control measures placed in wetland or waters shall be removed
and the natural grade restored within two months after the Division of Land Resources
has released the project;
12. If an environmental document is required, this Certification is not valid until a Finding of
No Signficant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
13. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;

WQC #3638
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;
15. 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 the corresponding Nationwide Permit 40, whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also 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 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
~ ~.=-a-
Alan W. Klimek, P.E.
Director
WQC # 3638
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