WQC 3651

WQC #3651
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
REGIONAL GENERAL PERMIT FOR EXCAVATION AND DISCHARGE OF DREDGED
MATERIALS ASSOCIATED WITH RECREATIONAL PLACER MINING ACTIVITIES IN
NAVIGABLE WATERS AND WATERS OF THE UNITED STATES, WITHIN KNOWN GOLD
BELTS IN THE STATE OF NORTH CAROLINA
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 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the
discharge of fill material to waters and wetland areas which are waters of the United States as
described in 33 CFR 325 Appendix A of the Corps of Engineers regulations. This Certification
replaces Certification Number 3126 issued on February 11, 1997 and WQC Number 3356 issued
March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes the
associated Regional (General) Permit or when deemed appropriate by the Director of the Division
of Water Quality.
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. All applicants must notify DWQ in writing in conjunction with notification of the
U.S. Army Corps of Engineers;
3. Mining shall be prohibited from streams classified as Outstanding Resource Waters,
High Quality Waters (e.g., WS-I, WS-II) or Trout waters as described in 15A NCAC 2B
.0100 rules. The applicant should contact the appropriate DWQ Regional or Central office
to determine if the waterbody has any of these supplemental classifications;
4. Mining shall be prohibited from waterbodies identified by the Natural Heritage Program as
a suspected/potential location for federal or state species listed as endangered or
threatened. The applicant must contact the NC Natural Heritage Program for this
determination;
5. The number of dredges operating at the same time in a single stream will be limited to the
satisfaction of the U.S. Army Corps of Engineers;
6. 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;
7. 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;

WQC #3651
8. The discharge shall be free from toxic pollutants in other than trace quantities;
9. 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;
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. The spoil pile and/or tailings that are discharged should not alter the natural flow of the
waterbody;
12. Fueling, lubrication and general equipment maintenance should take place no closer
than 50 feet of a waterbody or wetlands to prevent contamination by fuels and oils;
13. 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;
14. 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;
15. 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 these corresponding Nationwide and Regional General Permits,
whichever is sooner;
16. 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
Alan W. Klimek, P.E.
WQC # 3651 Director