WQC 3647

WQC #3647
GENERAL CERTIFICATION FOR COASTAL DUNE AND SHORELINE STABILIZATION
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. This Certification
is applicable to activities pursuant to the Rivers and Harbors Act of 1899 and/or the North
Carolina State Guidelines for Areas of Environmental Concern in Ocean Hazard Areas as follows;
1) the repair and construction of primary dunes, jetties and bulkheads with backfill, and 2) the
placement of rip-rap material and/or sand bags (filled with sand excavated from areas waterward
of the mean high water (MHW) elevation) or authorized under the Corps of Engineers Regional
(General) Permit 048. These categories of work are certified only along the ocean shoreline in
Brunswick, New Hanover, Pender, Onslow, Carteret, Hyde, Dare and Currituck Counties, North
Carolina. This Certification replaces Water Quality Certification Number 1379 issued on February
28, 1980 and Certification Number 3121 issued on February 11, 1997 and WQC Number 3357
issued March 18, 2002. This WQC can be rescinded when deemed appropriate by the Director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. If any condition in this
Certification cannot be met, application to and written concurrence from DWQ are required.
Also, Condition No. 8 is applicable to all streams in basins with riparian area protection rules;
2. This Certification is applicable only when life or structural property is in imminent danger as a
result of rapid recent erosion, sudden failure of a man-made structure or flooding;
3. 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;
4. The applicant shall accept liability and hold the State harmless for any damages that may
occur as a result of these activities;
5. 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;
6. 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;
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;
8. 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

WQC #3647
a project also requires a CAMA Permit, one payment to both agencies shall be submitted and
will be the higher of the two fees;
9. Two copies of a written report and as-built site plan shall be submitted to the DWQ within 14
days of the dune or shoreline stabilization work to document the need for the activity;
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. 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 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, stream 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
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Alan W. Klimek, P.E.
Director
WQC # 3647