GC 3115

GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 37 (EMERGENCY
WATERSHED PROTECTION AND REHABILITATION)
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 33 CFR 330 Appendix A (B) (37) of the Corps of
Engineers regulations (i.e., Nationwide Permit No. 37). The category
of activities shall include any fill activity for work done or funded
by the Natural Resources Conservation Service qualifying as an
"exigency" situation (requiring immediate action) under its Emergency
Watershed Protection Program and work done or funded by the Forest
Service under its Burned-Area Emergency Rehabilitation Handbook. This
Certification replaces Water Quality Certification Number 3027 issued
on September 6, 1995. This WQC is rescinded when the Corps of
Engineers reauthorize Nationwide Permit 37 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 (including stream relocation and excavation,
removal or rock or sand bars and associated vegetation, and
tree snagging) requires written concurrence from the
Division of Water Quality;
2. All work shall be done from the edges or bank of the stream.
Any work below the normal high water level in the stream or
requiring equipment to operate within the stream shall
require written authorization from DWQ;
3. Any work within the twenty (20) designated trout counties or
identified state or federal endangered or threatened species
habitat shall be coordinated with the N.C. Wildlife
Resources Commission and/or U.S. Fish and Wildlife Service
personnel;
4. Impacts to vegetated buffers along the stream should be
minimized and any disturbed areas shall be stabilized as
soon as the project is completed by the planting of riparian
buffers with indigenous woody species;
5. That appropriate sediment and erosion control practices that
equal or exceed those outlined in the most recent edition of
the "North Carolina Sediment and Erosion Control Planning
and Design Manual" or the "North Carolina Surface Mining
Manual" (available from the Division of Land Resources in
the DEHNR Regional or Central Offices) are utilized to
prevent exceedances of the appropriate turbidity water
quality standard (50 NTUs in streams and rivers not
designated as trout waters by DWQ; 25 NTUs in all saltwater
classes, and all lakes and reservoirs; and 10 NTUs in trout
waters);
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. If an environmental document is required, this Certification
is not valid until the FONSI or ROD is issued by the State
Clearinghouse;
8. Measures shall be taken to prevent live or fresh concrete
from coming into contact with waters of the state until the
concrete has hardened;
9. That additional site-specific conditions may be added to
projects proposed under this Certification which require
written concurrence in order to ensure compliance with all
applicable water quality and effluent standards;
10. Concurrence from DWQ that this Certification applies to an
individual project shall expire three years from the date of
the cover letter from DWQ.
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.
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 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: 11 February 1997.
DIVISION F ENVIRO ENT MANAGEMENT
By E
A. Preston Howa.~,d.,- r. P.E.
Director
gencert.37
WQC # 3115