WQC 3644

WQC #3644
FIRE PLOW LINE TRAINING CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
REGIONAL (GENERAL) PERMIT NUMBER 199303393 FOR THE DISCHARGE OF DREDGED
OR FILL MATERIAL ASSOCIATED WITH THE CONSTRUCTION OF FIRE PLOW LINES FOR
THE PURPOSE OF TRAINING FOREST EQUIPMENT OPERATORS
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 Regional (General) Permit
Number 199303393 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B
.0200. The category of activities shall include any fill activity for the construction of fire plow lines
for the purpose of training forest fire equipment operators by the U.S. Forest Service or N.C.
Division of Forest Resources within non-tidal waters of the U.S. in the State of North Carolina.
This Certification replaces Water Quality Certification Number 2862 issued on January 24, 1994
and Water Quality Certification Number 3125 issued on February 11, 1997 and WQC Number
3352 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes
Regional (General) Permit 199303393 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. These activities do not require written concurrence from the Division of Water Quality as
long as they comply with all conditions of this General Certification. Any condition in this
Certification which the applicant believes cannot be met requires an application and
written concurrence from DWQ;
2. 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;
3. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
impacts to streams and/or wetlands. In addition, buffer mitigation may be required for any
project with Buffer Rules in effect at the time of application. 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;
4. 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 2B.0200. Activities listed as "exempt" from these rules do not need to
apply for written concurrence under this Certification. Clearing 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 performed in accordance with 15A NCAC 2B .0200. All new clearing
activities shall be located and performed to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management practices;

WQC #3644
5. Training activities which impact one acre (0.405 ha) or less of wetlands at locations
previously approved by the DWQ in Bladen, Brunswick, Columbus, Cumberland, Dare,
Greene, Hyde, Jones and Onslow Counties may be conducted without prior notification to
DWQ;
6. Berms that separate the roads from any canals shall be repaired after the completion of
any training activity;
7. 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 in the DENR Regional or
Central Offices) shall be in full compliance with all specifications governing the proper
design, installation, operation and maintenance of such Best Management Practices in
order to assure compliance with the appropriate turbidity water quality standard;
8. 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;
9. If an environmental document is required, this Certification is not valid until a FONSI or
ROD is issued by the State Clearinghouse;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact with
Waters of the State until the concrete has hardened;
11. Compensatory mitigation shall not be required for this Certification unless more than one
acre of wetlands is permanently converted to upland. In this case, written approval is
required from DWQ for the wetland mitigation plan;
12. The applicant shall submit an annual report of the use of this General Certification to the
401 Certification Program no later than December 31 of each year. This report shall
include a summary of all training activities authorized by this Certification, the areas where
the permit was used, the lengths and widths of fire plow lines constructed, and any
problems encountered or violations of the conditions contained in this General
Certification of the General Permit;
13. 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;
14. 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 Regional General Permit 199303393;
15. 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.
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 also result in criminal and/or
civil penalties.
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WQC #3644
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
~~-
Alan W. Klimek, P.E.
Director
WQC # 3644