GC 3353

WQC #3353
STREAM RESTORATION, ENI~ANCEMENT AND STABILIZATION AND WETLAND AND
RIPARIAN RESTORATION AND CREATION ACTIVITIES CERTIFICATION
GENERAL CERTIFICATION FOR STREAM RESTORATION, ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND
CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBERS 13 (BANK STABILIZATION} AND 27 (WETLAND AND
RIPARIAN RESTORATION AND CREATION) AND REGIONAL PERMIT 197800080
(CONSTRUCTION AND MAINTENANCE OF BULKHEADS)
This General Certification is issued inconformity 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 .0500 and 15A NCAC 2B .0200 forthe discharge of fill
material to waters as described in 33 CFR 330 Appendix A (B) (13) and (27) of the Corps of
Engineers regulations (i.e. Nationwide Permit Numbers 13 and 27) and Regional Permit
197800080. The category of activities shall include stream bank stabilization or stream
restoration activity as long as impacts to waters or significant wetlands are minimized. This
Certification replaces Water Quality Certification (WQC) Number 1663 issued on September 8,
1983; WQC No.1272.issued November 10,1978; WQC No. 2665 issued on 21 January 1992;
WQC No. 2102 issued on February 11,1997, and WQC Nos. 3256, 3257 and 3258 issued on
November 22,1999. This WQC is rescinded when the Corps of Engineers reauthorize
Nationwide Permits 13 or 27 or Regional Permit 197800080 or when deemed appropriate by the
Director of the Division of Water Quality (DWQ).
The State of North Carolina certifies that the specif ied 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 set forth.
Conditions of Certification:
1. Wetland and/or riparian area restoration and creation projects (not including projects
that only involve stream restoration or enhancement work described in condition
nos. 2 and 3) that are proposed under this General Certification require written
application to and approval from the Division of Water Quality except as specified
below;
Wetland and riparian area restoration and creation projects (not including projects
that involve work in or impacts to streams) which are not for compensatory
mitigation or compensatory mitigation credit proposed under this General
Certification do not require written application to and approval from the Division of
Water Quality if they are projects undertaken by the N.C. Wetlands Restoration
Program, Clean Water Management Trust Fund, U.S. Natural Resources
Conservation Service or Section 319 projects. In these cases, the applicant is
required to notify the Division in writing with three copies of project specifications
before the impact occurs. If the Division determines that the project would not result
in an ecologically viable wetland and riparian area, then the Division shall notify the
applicant in writing within 30 days of receipt of the notification. In such cases, the
applicant will be required to submit a formal application and pay of the appropriate
fee, and DWQ will be required to process the application through normal
procedures;
2. Proposed stream restoration projects (as defined and limited below), that do not
disturb wetlands and that are not being conducted for compensatory mitigation or
compensatory mitigation credit do not require written application to and approval
from the Division of Water Quality, and, therefore, do not require payment of an
application fee to the Division of Water Quality.

WQC #3353
Stream restoration is defined as the process of converting an unstable, altered or
degraded stream corridor, including adjacent riparian zone and floodprone areas to
its natural or referenced, stable conditions considering recent and future watershed
conditions. This biological and chemical integrity, including transport of water and
sediment is produced by the stream's watershed in order to achieve dynamic
equilibrium. The applicant is required to notify the Division in writing with three
copies of detailed restoration plans and specifications before the impact occurs. If
the Division determines that the project does not meet the above definition of stream
restoration, then the Division shall notify the applicant in writing within 30 days of
receipt of the application. In such cases, the applicant will be required to submit a
formal application and pay of the appropriate fee, and DWQ will be required to
process the application through normal procedures;
3. Stream enhancement projects (as defined and limited below}, that do not disturb
wetlands and that are not being conducted for compensatory mitigation or
compensatory mitigation credit and do not include any stream channel relocation, do
not require written application to and approval from the Division of Water Quality,
and, therefore, do not require payment of an application fee to the Division of Water
Quality.
Stream enhancement is the process of implementing stream rehabilitation practices
in order to improve water quality and/or ecological function. These practices must
only be conducted on streams that are not experiencing severe aggradation or
erosion. Stream enhancement does not include the relocation of the stream channelo
Stream enhancement bank stabilization techniques include the use of woody
vegetation as the primary means of long term stability, and "soft" techniques such
as root wads that encourage the establishment of dense woody vegetation. Stream
enhancement techniques do not typically include the use of stream bank or bed
hardening techniques such as rip-rap or other rock, gabion, block or concrete
structures. However, enhancement activities may also include the placement of in
stream habitat or grade control structures such as cross vanes, j-hook vanes, and
wing deflectors that do not affect the overall dimension, pattern, or profile of a stable
stream.
The applicant is required to notify the Division in writing with three copies of detailed
enhancement plans and specifications before the impact occurs if the stream
enhancement project disturbs greater than 500 feet of stream bank or if the project
proposes the use of in stream structures. If the Division determines that the project
does not meet the above definition of stream enhancement, then the Division shall
notify the applicant in writing with an explanation within 30 days of receipt of the
notification to require application and payment of the appropriate fee;
4. Stream stabilization projects that include the use of any structure or fill in the existing
stream bed or disturb greater that 500 feet of stream bank that are proposed under
this General Certification require written application to and approval from the
Division of Water Quality.
Stream stabilization is defined as the in-place stabilization of an eroding stream
bank using measures that consist primarily of "hard" engineering, such as but not
limited to concrete lining, rip rap or other rock, and gabions. The use of "hard"
engineering will not be considered as stream restoration or enhancement;

WQC #3353
5. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins
(or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application} requires written concurrence for this Certification
from DWQ in accordance with 15A NCAC 26.0200. 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 wide
riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC. 2B .0200. All new development shat! 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;
6. In order for the above conditions to be valid, any plans not requiring written
concurrence to use this Certification must be built according to the plans provided to
the Division of Water Quality. If written concurrence is required, then the project
must be built and maintained according to the plans approved by the written
concurrence and Certification from the Division of Water Quality;
7. Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Erosion and Sediment
Control Planning and Design Manual" or "North Carolina Surface Mining Manual"
whichever is more appropriate (available from the Division of Land Resources at the
DENR Regional and Central Offices} shall be designed, installed and maintained
properly to assure compliance with 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; l0 NTUs in DWQ-classified trout
waters);
8. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources or
delegated program has released the project;
9. Any rip-rap shall be of such a size and density so as not to be able to be carried off
by wave or current action and consist of clean rock or masonry material free of
debris or toxic pollutants. Rip-rap shall not be installed in the streambed except in
specific areas required for velocity control and approved by the Division of Land
Resources and Water Quality. However rock vanes, wing deflectors, and similar
structures for grade control and bank protection are acceptable;
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. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impactor Record of Decision is issued by the State
Clearinghouse;
12. Additional site-specific conditions maybe added to projects which require written
concurrence under this Certification in order to ensure compliance with all applicable
water quality and effluent standards;
13a 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 the notification sent
to DWQ.

WQC #3353
Non-compliance with or violation of the conditions herein set forth by a specific 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 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 maybe 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: March 18, 2002
DIVISION OF WATER QUALITY
By
Gre ry J. orpe, Ph. .
Acting Director
WQC # 3353