GC3895

Water Quality Certification Flo. 3895
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY
CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 37
(EMERGENCY WATERSHED PROTECTION AND REHABILITATION) AND
45 (REPAIR OF UPLANDS DAMAGED BY DISCRETE EVENTS),
AND RIPARIAN! AREA PROTECTION RULES (BUFFER RUL ES►
Water Quality Certification Number 3895 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 02H .0500 and 15A NCAC 02B .0200 for the
discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A (B)
(37 and 45) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 02B .0200.
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.
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.
In accordance with North Carolina General Statute 143- 215.3D(e), written approval for a 401
Water Quality General Certification must include the appropriate fee. If a project also requires a
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees.
For this General Certification only, payment may be provided within one (1) month of the date of
application for the Certification in order to not unnecessarily delay the Division's response to any
natural disaster. Failure to pay the required fee within the required time will be grounds to
terminate coverage under this General Certification
Conditions of Certification:
1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - Construction Notification, as
authorized in the written approval from the Division or beyond the thresholds established for
use of this Certification without written authorization, including incidental impacts. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards, statutes, or rules occur. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
permit.
2. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
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a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including ccntractcr -owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, WS -I, WS-11, High Quality (HQW), or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 0413 .0124, Design Standards in Sensitive Watersheds.
3. Sediment and erosion control measures must be implemented prior to construction and
maintained on the sites to minimize sediment in downstream areas. Seeding for a temporary
cover of permanent herbaceous cover should occur on all bare soil within five (5) days of
ground- disturbing activities to provide long -term erosion control.
Impacts to protected vegetated riparian buffers should be minimized. The projects should be
accomplished in stages instead of leaving large tracts exposed to further storm events.
Erosion control matting shall be used in conjunction with appropriate seeding on disturbed
soils in steep slope and riparian areas. Matting should be secured in place with staples,
stakes, or preferably live stakes of native trees. Straw mulch and tall fescue shall not be
used in riparian areas. Re- seeding should be conducted during the spring season with a
native annual and perennial seed mix with a temporary nursery crop of wheat, millet, or other
grain.
4. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project.
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Water Quality Certification No. 3895
5. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing co nstr, , .in ,.ti - activities as in the conditions f the permit. If ,,our project
t
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self- monitoring, record keeping
and reporting requirements is required. A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at
http: // )ortal. ncdenr.org /web /wg /ws /su /npdessw# tab -w .
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit.
6. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval /post - larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twenty -five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and /or DMF personnel.
NC Wildlife Resources Commission will not object to construction of Natural Resources
Conservation Service (NRCS) `urgent and compelling' sites during the spawning period
provided these projects are, to the extent appropriate and practical, constructed by:
a. Using flow diversion structures such as sandbags;
b. Placing large -size rock toes and filter cloth backing for stabilization sites before
backfilling; and
C. Excavating new channel alignments in dry areas.
Construction at non - `urgent and compelling' sites shall not occur during the spawning period
to minimize the potential adverse effects of multiple construction activities on trout or
anadromous fish resources in this stream.
7. Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar - Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be limited
to "uses" identified within and constructed in accordance with 15A NCAC 02B.0233, .0259,
.0243, .0250, .0267 and .0605, and shall 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. All buffer rule requirements, including diffuse
flow requirements, must be met.
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Water duality Certification No. 3895
8. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills.
Heavy equipment should be operated from the bank whenever possible. All mechanized
equipment operated near surface waters should be inspected and maintained regularly to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic
materials. Equipment used in stream channels must be clean, new, or low -hour equipment.
Construction must be staged in order to minimize the exposure of equipment to surface
waters to the maximum extent practicable.
Natural channel design should be used to restore the stream to a more stable dimension,
pattern and profile, and upstream and downstream portions shall not be altered by widening
the stream channel or modifying its depth. Under no circumstances, should river rock, sand,
or other materials be dredged from the stream channel under authorization of the General
Certification as this has catastrophic effects on aquatic life and downstream channel stability.
Stabilization measures should only be applied on or near existing erosion sites, leaving other
stable stream bank areas in a natural condition. Grading and backfilling should be minimized
and tree and shrub growth should be retained where possible to ensure long -term availability
of stream bank cover for wildlife and aquatic organisms. Backfill materials should be
obtained from upland sites; streambed materials shall not be removed. Berms are not
allowed as they constrict and accelerate flows, impede the floodplain, and often fail.
Only clean, large angular rock; large woody material; or other natural stream design materials
and techniques should be used for bank stabilization. Rock shall not be placed in the stream
channel in a manner that constricts stream flow or would impede aquatic life passage during
low flow conditions. Filter cloth shall be placed behind large rock (for bank stabilization).
Properly designed rock vanes shall be constructed where appropriate on bank stabilization
and channel realignment stream reaches to improve channel stability and to improve aquatic
habitat. Root wads shall be installed low enough in the bank so that at least one -third (1/3) of
the root wad is inundated during normal flows.
Disturbed stream banks and a 25 -foot vegetated (buffer) zone, or the widest buffer that is
practicable under the site conditions, shall be restored along the construction sites to natural
riparian conditions using native trees and shrubs to provide long -term bank stability and
stream shading. This may include: silky dogwood, rhododendron, dog hobble, red maple,
silky willow, black willow, tag alder, and sycamore. Cuttings should be planted randomly on
4 -foot centers from the waters' edge to the top of the bank. Trees should be planted on 10-
12 -foot centers. Stream banks in these locations shall also be seeded with a temporary
nursery crop of wheat, millet, or other grain to stabilize the bank during tree /shrub
establishment.
If pasture along the stream is used for grazing, the applicant must inform the adjacent
landowners that cattle shall be prohibited from damaging riparian areas /destabilizing the
stream banks and channel.
10. Compensatory Mitigation
Temporary fill of wetlands or streams will not require compensatory mitigation as long as the
length of time for retention of the fill and on -site restoration measures are specified in the
approval letter from the Division.
In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
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Water Quality Certification No. 3895
and /or equal to or greater than one (1) acre of wetlands. For linear public transportation
projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for activities classified a II with g ti.,n° or "Prohibited' within the
s "Allowable able yr ., Mit; a�,�„ ,
Table of Uses.
A determination of buffer, wetland, and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide and /or Regional General Permit.
Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory
mitigation plans shall be submitted to the Division for written approval as required in those
protocols. The mitigation plan must be implemented and /or constructed before any impacts
occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a
mitigation bank. In these cases, proof of payment shall be provided to the Division before
any impacts occur on site.
11. Removal of debris will be limited to the removal of vegetation and trash, construction and
residential materials washed into a stream. Excavation of soil or sediment from wetlands or a
stream is prohibited. Uprooted stumps directly in the channel may be pulled from the ground
(no excavation), but shall include no more than minimal amounts of soil attached to the roots.
Debris removal is restricted to that associated with hurricanes and tornadoes.
12. Debris shall be disposed of on uplands. Temporary debris placed in wetlands for staging
purposes shall be placed in a manner that does not impede lateral water flow and shall be
sufficiently anchored (no excavation or fill) so that material will not be displaced back into the
stream channel.
13. Equipment used may include hydraulic excavators equipped with a mechanical thumb or
grapple attachment, loaders, winches mounted on equipment that has rubber tires or tracks,
portable winches and chain saws.
14. Heavy equipment working in wetlands must be placed on mats, or, other measures must be
taken to minimize soil disturbance.
15. Equipment shall operate adjacent to the stream and not within the stream unless prior
approval has been granted. Where necessary, trees may be cut for access to work sites.
However, mechanized land clearing will not occur in wetlands at any time. Crossing a stream
to access the opposite bank is permissible, but the crossing sites shall be selected to
minimize damage to the streambank and aquatic habitat.
16. No activity may cause a hazard to navigation.
17. In the event of a spill of petroleum products or any other hazardous waste, immediately
contact the National Response Center at (800) 424 -8802. Management of such spills shall
comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control
Act.
18. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse.
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Water Quality Certification Igo. 3895
19. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
20. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
21. The applicant /permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
22. When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699 -1650.
23. Additional site - specific conditions, including monitoring and /or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
24. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and /or Regional General Permit. The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non - compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General 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, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
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Water Quality Certification No. 3$95
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 :eater Quality.
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
Charles Wakild, P. E.
Director
History Note: Water Quality Certification (WQC) Number 3895 issued March 19, 2012 replaces
WQC Number 3685 issued November 1, 2007; WQC Number 3636 issued March 19, 2007; WQC
Number 3367 issued March 18, 2002; WQC Number 3115 issued February 11, 1997; and WQC
Number 3027 issued September 6, 1995. This General Certification is rescinded when the Corps
of Engineers reauthorizes any of the corresponding Nationwide or Regional General Permits
and /or when deemed appropriate by the Director of the Division of Water Quality.
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