WQC 3628

WQC #3628
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS REGIONAL (GENERAL) PERMIT NUMBER
198600020 (FISH ENHANCEMENT STRUCTURES IN TROUT WATERS), REGIONAL
(GENERAL) PERMIT NUMBER 198500194 (ARTIFICIAL REEFS AND FISH ATTRACTORS),
NATIONWIDE PERMIT NUMBER 15 (U.S. COAST GUARD APPROVED BRIDGES)
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 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 the Wilmington District's Regional
(General) Permit Number 198600020 (Fish Enhancement Structures in Trout Waters) and
Regional (General) Permit Number 198500194 (Artificial Reefs and Fish Attractors) or as
described in 33 CFR 330 Appendix A (B) (15) and for the Riparian Area Protection Rules (Buffer
Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Number
3348 issued March 18, 2002 and WQC 3488 issued March 18, 2002. This WQC is rescinded
when the Corps of Engineers re-authorizes any of these Nationwide or Regional (General)
Permits 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. 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;
2. 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;
3. All sediment and erosion control measures placed in wetlands or waters shall be removed
and the natural grade restored within two months after the Division of Land Resources
has released the project;
4. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
5. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba 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 Randleman and Catawba 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;

WQC #3628
6. 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.
7. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened. All reefs or fish enhancement
structures shall be constructed of materials which are not toxic to aquatic life;
8. Native species of forested vegetation shall be re-established in any construction access or
other temporary impact area occurring in a protected buffer zone within the next growing
season following construction of a project;
9. In accordance with North Carolina General Statute Section 143-215.3D(e), any request
for written concurrence 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. The fee shall be collected and distributed
between the two agencies in accordance with agreements reached between the Division
of Water Quality and the Division of Coastal Management;
10. Additional site-specific conditions may be added to projects for which written concurrence
is required or requested under this Certification in order to ensure compliance with all
applicable water quality and effluent standards;
11. 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 and Regional General Permits,
whichever is sooner;
12. Projects with any impacts to streams, wetlands, and/or waters that have received a Notice
of Violation from the Division of Land Resources and/or the Division of Water Quality are
required to submit a complete application and receive written concurrence to use this
Certification regardless of the proposed impact amount to streams, wetlands, and waters.
13. 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.
14. 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:

WQC #3628
a. Erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North
Carolina Sediment and Erosion Control Planning and Design Manual.
b. 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.
c. 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 Sun`ace Mining Manual.
d. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
15. No Impacts Beyond those in 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. 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.
16. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources or locally delegated
program has released the project.
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 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
Alan. W. Klimek, P.E.
Director