GC3905

Water Quality Certification No. 3905
GENERAL CERTIFICATION FOR EMERGENCY DREDGING
Water Quality Certification Number 3905 is issued in conformity with the requirements of Section
401, Public Laws 92 -500 and 95 -217 cf the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B
.0200.
The category of activities is limited to emergency maintenance dredging activities in the coastal
navigable waters of the state when authorized by the Rivers and Harbors Act of 1899, and which
are initiated by the District Engineer of the Wilmington District of the U.S. Army Corps of
Engineers or the Governor of North Carolina.
This General Certification is applicable only when the District Engineer of the U.S. Army Corps of
Engineers or the Governor of North Carolina makes the determination that a rapid response is
required for frequent and unpredictable sand shoals forming in an authorized channel such that it
poses an immediate threat to navigation.
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.
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division' ):
a. Any stream relocation; or
b. Any impact associated with a Notice of Violation or an enforcement action for
violation(s) of DWQ Wetland Rules (15A NCAC 02H.0500), Isolated Wetland Rules
(15A NCAC 02H .1300), DWQ Surface Water or Wetland Standards, or Riparian
Buffer Rules (15A NCAC 02B .0200); or
c. Any impacts to streams and /or buffers in the Neuse, Tar - Pamlico, or Catawba River
Basins or in the Randleman, Jordan or Goose Creek Watersheds (or any other basin
or watershed with Riparian Area Protection Rules [Buffer Rules] in effect at the time
of application) unless the activities are listed as "EXEMPT' from these rules or a
Buffer Authorization Certificate is issued through N.C. Division of Coastal
Management (DCM) delegation for "ALLOWABLE" activities.
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.
Activities included in this General Certification that do not meet one of the thresholds
listed above do not require written approval from the Division as long as they comply with
the Conditions of Certification listed below. If any of these Conditions cannot be met, then
written approval from the Division is required.
Conditions of Certification:
1. When written approval from the Division is not required, two (2) copies of the Pre -
Construction Notification that include a written report shall be sent electronically to the
Division —one copy to the Central Office in Raleigh, and the other copy to the appropriate
Division Regional Office —prior to the dredging activity to document the need for the
dredging and post -depth soundings, and placement of dredged material.
Water Quality Certification No. 3905

Water Quality Certification Igo. 3995
2. 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_
3. 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:
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 contractor -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 04B.0124, Design Standards in Sensitive Watersheds.
4. Turbidity shall not exceed the standards specified by the water quality classification outside of
a suitable mixing zone as specified by the Division. Methods may include silt curtains,
reducing dredging intensity, or other practicable methods to ensure minimization of turbidity
during project construction.
5. 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
Water Quality Certification No. 3905 2

Water Quality Certification Flo. 3905
date that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project.
5. The U.S. Army Corps of Engineers shall dredge by side - casting or other means most readily
available and shall dispose of the dredged material in open water adjacent to the channel, in
a suitable diked upland disposal basin or along the ocean beaches.
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.
7. The spoil material shall be predominately sand. The turbidity plume shall not impede the free
passage of fish adjacent to or downstream from the project. This General Certification does
not relieve the Corps of Engineers or their contractors from potential liability with respect to
any kills of fish or other aquatic life which may result.
8. Two (2) copies of an as -built report shall be submitted to the Division within sixty (60) days
following the emergency activity covered by this General Certification.
9. 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.
10. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
11. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
12. 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.
13. 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.
Water Quality Certification No. 3905

Water Quality Certification No. 3995
14. 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.
15. 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.
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: March 19, 2012
DIVISION OF WATER QUALITY
By
Charles Wakild, P. E.
Director
History Note: Water Quality Certification Number 3905 issued March 19, 2012 replaces WQC
Number 3691 issued November 1, 2007; WQC Number 3650 issued March 19, 2007; WQC
Number 3369 issued March 18, 2002; WQC Number 3123 issued February 11, 1997; and WQC
Numbers 1333 and 1322 issued June 12, 1987. This General Certification is rescinded when
deemed appropriate by the Director of the Division of Water Quality.
Water Quality Certification No. 3905