WQC 3692

Water Quality Certification N°. 3692
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR
U.S. ARMY CORPS OF ENGINEERS NATIONWIDE PERMIT
NUMBER 40 (FARM BUILDINGS IN FARMED WETLANDS)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3692 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 (the "Division") 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 26 .0200.
Any proposed fill or modification of wetlands or waters, including streams, under General
Certification Number 3692 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.
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. 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 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.
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.
Water Quality Certification No. 3692

Water Quality Certification N°. 3692
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-It, 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
without prior 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.
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.
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.
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.
6. 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.
Water Quality Certification No. 3692 2

Water Quality Certification N°. 3692
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, Catawba, or Randleman (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, 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. Compensatory Mitigation
In accordance with 15A NCAC 2H .0506 (h), compensatory mitigation may be required for
losses 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.
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.
11. Stormwater Management Plan Requirements
a. For applicants other than the North Carolina Department of Transportation, a
Stormwater Management Plan in accordance with the version of Stormwater
Management Plan (SMP) Requirements for Applicants other than the North
Carolina Department of Transportation posted on the Division web site at the time
Water Quality Certification No. 3692

Water Quality Certification N°. 3692
of application shall be provided for any project that meets both of the following two
criteria:
i. Requires this 401 Water Quality Certification, (regardless of whether
written authorization is required by the Division), AND
Contains one or more drainage areas that are anticipated to have
impervious surface cover of equal to or greater than 24 percent. When
drainage areas are difficult to delineate or when a pocket of high density
exists within a drainage area, the Division shall use best professional
judgment to apply the SMP requirement as appropriate. Use of this
Certification to construct a private driveway to one single-family
residential lot will not trigger the stormwater management plan
requirement.
b. For the North Carolina Department of Transportation, compliance with NCDOT's
Individual NPDES permit NCS000250 shall serve to satisfy this condition.
12. Placement of Culverts and Other Structures in Waters 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 and streams 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.
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.
Ifsite-specific topographic constraints preclude the ability to bury the culverts as described
above and/or the applicant can demonstrate that burying the culvert would result in
destabilization of the channel and head-cutting upstream, the Division will consider
alternative design proposals.
Culverts placed in wetlands do not have to be buried.
Any riprap 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 riprap or other bank hardening
methods.
13. Additional site-specific conditions may be added to the cover letter in order to ensure
compliance with all applicable water quality and effluent standards.
Water Quality Certification No. 3692 4

Water Quality Certification N°. 3692
14. 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.
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. This General Certification shall expire three (3) years from the date of issuance of the written
approval from the Division or on the same day as the expiration date of the corresponding
Nationwide Permit 40. 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.
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 may
result in revocation of this General 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, 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 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
B
~.
oleen H. Sulli
Director
Water Quality Certification No. 3692

Water Quality Certification N°. 3692
History Note: Water Quality Certification Number 3692 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, Water
Quality Certification Number 3364 issued on March 18, 2002, and Water Quality Certification
Number 3638 issued on March 19, 2007. This General Certification is rescinded when the Corps
of Engineers re-authorizes Nationwide Permit 40 or when deemed appropriate by the Director of
the Division of Water Quality.
Water Quality Certification No. 3692 6