WQC 3635

WQC #3635
MAINTENANCE DREDGING CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS
OF ENGINEERS NATIONWIDE PERMIT 35 (MAINTENANCE DREDGING
OF EXISTING BASINS) AND REGIONAL (GENERAL) PERMIT
NUMBER 198200277 AND 199602878 (CANALS AND BOAT BASINS IN HIGH
GROUND AND MAINTENANCE DREDGING IN OPEN WATERS)
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 .0201 for the discharge of fill material to waters and wetland areas as described in
the Wilmington District's Nationwide Permit 35 (Maintenance Dredging of Existing
Basins) or Regional (General) Permit Number 198200277 and 199602878 (Canals and
Boat Basins in High Ground and Maintenance Dredging in Open Water) and for the
Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification
replaces Water Quality Certification (WQC) Number 3349 issued on March 18, 2002 and
WQC 3489 issued March 18, 2002. This WQC is rescinded when the Corps of
Engineers re-authorizes these 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 waters or wetlands for this
General Certification requires written concurrence from the Division of Water
Quality;
2. 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;
3. The canal or boat basin shall be permitted to be dredged to its original depth
and width. The applicant is required to supply information regarding the
original depth and width of the site. The area shall not be dredged to a depth
deeper than the receiving water;
4. Impacts to any stream length in the Neuse and Tar-Pamlico 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 28.0200. 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

WQC #3635
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;
5. That appropriate sediment and erosion control practices which equal or
exceed hose 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;
6. All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the Division of Land
Resources has released the project;
7. Excavation and filling of wetlands is not authorized by this Certification. All
fill material shall be placed on high ground and be from an upland source,
and excavation shall not occur in Primary Nursery Areas;
8. 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;
9. Measures shall be taken to prevent live or fresh concrete from coming into
contact with waters of the state until the concrete has hardened;
10. 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;
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 Permit 35
or Regional Permit 198200277, whichever is sooner;
12. 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;
13. 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.

WQC #3635
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:
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.

WQC #3635
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
d~,.,~,~-:~-
Alan W. Klimek, P.E.
Director
WQC # 3635
4