Bridge No. 140 on SR 1616 (B-4428)

IRMIRR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 12, 2010
Beaufort County
DWQ Project No. 20090849 v.2
Bridge 140 over Albemarle Canal
TIP B-4428
RE -ISSUANCE of 401 WATER QUALITY CERTIFICATION, and TAR-PAMLICO BUFFER
AUTHORIZATION with ADDITIONAL CONDITIONS
Dr. Gregory Thorpe, Ph.D., Environmental Management Director
Project Development and Environmental Analysis Branch
N. C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Dr. Thorpe:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
replacing Bridge 140 over Albemarle Canal on SR 1616 in Beaufort County:
Stream and Buffer Impacts in the Tar -Pamlico River Basin
Site
Stream Impacts
linear ft
Buffer Zone 1
(square ft
Buffer Zone 2
(square ft
Bride 140
12
8,428
488
Total
12
8,916
The project shall be constructed in accordance with your application dated received August 6, 2009 and amended
January 8, 2010. After reviewing your application, we have decided that these impacts are covered by General
Water Quality Certification Numbers 3687 and 3689. These certifications correspond to the Nationwide Permits
3and 13, respectively, issued by the Corps of Engineers. This approval is also valid for the Tar -Pamlico Riparian
Buffer Rules (15A NCAC 2B .0259). In addition, you should acquire any other federal, state or local permits before
you proceed with your project including (but not limited to) Sediment and Erosion Control, Non -Discharge and
Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification.
North Carolina Division of Water Quality Intemet: www.ncwatergualiiy.org One
943 Washington Square Mall Phone: [phone] NofffiCarollina
Washington, NC 27889 FAX [phone] Naturally
An Equal OpportunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper

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1. The permittee and its authorized agents shall conduct its 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 DWQ determines that such standards or
laws are not being met (including the 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, DWQ may reevaluate and
modify this certification.
2. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal)
having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil
erosion and sedimentation control requirements, etc.
3. The permittee will need to adhere to all appropriate in -water work moratoriums (including the use of pile
driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the NC Division of
Marine Fisheries, the US Fish and Wildlife Service, and National Marine Fisheries Service.
4. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
5. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
6. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
7. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
8. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings
submitted for approval.
9. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
10. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
11. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
13. The outside buffer, wetland or water boundary located within the construction corridor approved by this
certification shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification.
14. Native riparian vegetation (ex. list trees and shrubs native to your geographic region) must be reestablished
within the construction limits of the project by the end of the growing season following completion of
construction.
15. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
certification without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow
sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact
from road construction activities.

10
Page 3 of 5
16. 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 in order to protect
surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The 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.
c. 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.
d. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
17. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition
and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality
Certification.
18. The post -construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native
species.
19. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction
methods. More specifically, jetting or other methods of pile driving are prohibited without prior written
approval from NCDWQ first.
20. All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by
NCDWQ in this certification.
21. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge
and pre-treated through site -appropriate means (grassed swales, pre -formed scour holes, vegetated buffers, etc.)
before entering the stream. Please refer to the most current version of Stormwater Best Management Practices.
22. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
23. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
24. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non -woody
species by the end of the growing season following completion of construction. For the purpose of this
condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to
regular DOT maintenance activities including mowing. The area with non -maintained buffers shall be
permanently revegetated, with native woody species before the next growing season following completion of
construction.
25. Upon completion of the project (including any impacts at associated borrow or waste site), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify DWQ
when all work included in the 401 Certification has been completed.

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26. A copy of this Water Quality Certification shall be maintained on site at the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the
Division Engineer and the on -site project manager.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Garcy Ward at [phone].
Sincerely, /
for Al Hod e
Attachments (General Certification and Certificate of Completion form)
cc: Jay Johnson, Division 2 Environmental Officer
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Steve Sollod, DCM, Raleigh
Stephen Lane, DCM, Morehead City
Sonia Carrillo, DWQ, 401/Wetlands Unit
File Copy

Water Quality Certification No. 3687
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR U.S. ARMY CORPS OF
ENGINEERS NATIONWIDE PERMIT NUMBERS: 3 (MAINTENANCE),
4 (FISH AND WILDLIFE HARVESTING, ENHANCEMENT, AND ATTRACTION DEVICES AND
ACTIVITIES), 5 (SCIENTIFIC MEASUREMENT DEVICES-25 CUBIC YARDS FOR WEIRS
AND FLUMES), 6 (SURVEY ACTIVITIES-25 CUBIC YARDS FOR TEMPORARY PADS),
7 (OUTFALL STRUCTURES AND ASSOCIATED INTAKE STRUCTURES).
19 (MINOR DREDGING,). 20 (OIL SPILL CLEANUP), 22 (REMOVAL OF VESSELS),
25 (STRUCTURAL DISCHARGE), 30(MOIST SOIL MANAGEMENT FOR WILDLIFE
32 (COMPLETED ENFORCEMENT ACTIONS), 36 (BOAT RAMPS rIN NONWETLAND
SITESI) AND REGIONAL PERMIT 197800056 (PIERS, DOCKS AND BOATHOUSES), AND
REGIONAL PERMIT 197800125 (BOAT RAMPS)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3687 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 (DWQ) 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 330 Appendix A (B) (3, 4, 5, 6, 7, 19, 20, 22, 25, 30, 32, and 36) of
the Corps of Engineers regulations and Regional Permits 197800056 and 19780125 and for the
Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200.
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. Impacts equal or greater than 40 linear feet of additional permanent stream impact at
an existing stream crossing location, or
b. Temporary or permanent impacts equal to or exceeding: one-third (1/3) acre of
wetlands East of Interstate-95, or one -tenth (1/10) of acre of wetlands West of
Interstate-95; or
c. Any impact associated with a Notice of Violation or an enforcement action initiated
by the Division and/or the Division of Land Resources; or
d. Projects with any impacts to streams, wetlands, and/or waters that have received a
Notice of Violation from the Division and/or Division of Land Resources; or
e. Any impacts to streams and/or buffers in the Neuse, Tar -Pamlico, Randleman and
Catawba River Basins (or any other basins with Riparian Area Protection Rules
[Buffer Rules] in effect at the time of application) unless the activities are listed as
"EXEMPT" from these Rules.
In accordance with North Carolina General Statute Section 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 and below the thresholds listed above do
not require written approval from the Division of Water Quality as long as they comply with
the Conditions of Certification listed below. If any of these Conditions cannot be met,
written approval from the Division is required.
Water Quality Certification No. 3687

Water Quality Certification No. 3687
Conditions of Certification:
1. No Impacts Beyond Those Authorized for this General Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the thresholds established for use of this General Certification, or beyond the
footprint of the impacts authorized in the written approval, 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.
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:
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.
J. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times. ,except for publicly
funded linear transportation projects when materials can be accessed offsite in a timely
manner.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout Jr), SA, WS-1, WS-Il, High Quality (HOW), or Outstanding Resource (ORW)
waters, then the sediment and erosion control requirements contained within Design
Standards in Sensitive Watersheds (15A NCAC 04B .0124) supercede all other sediment
and erosion control requirements.
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters outside
of the permitted impact areas without prior approval from the Division. If placement of
sediment and erosion control devices in wetlands and waters is unavoidable, then the design
and placement of temporary erosion control measures shall not be conducted in a manner
that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or
upstream and down stream 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 or locally delegated program has released the project.
4. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCG010000) administered by the Division is
automatically issued to the project. This General Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated by conditions in the permit. If the
Water Quality Certification No. 3687

Water Quality Certification No. 3687
activity is covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation control plan,
self -monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms may be found at
http://h2o enr state. nc. us/su/Forms Documents.htm.
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.
5. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water. Exceptions to this condition require submittal to, and approval
by, the Division.
6. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle or bird nesting),
then biological monitoring may be required at the request of other state or federal agencies
and coordinated with these activities. This condition can be waived through written
concurrence on a case by case basis upon reasonable justification.
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 protect trout, anadromous fish,
larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
obeyed. This condition can be waived through written concurrence on a case by case
basis upon reasonable justification.
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 personnel.
7. Riparian Area Protection Rules (Buffer Rules)
Activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands
or not) within the Neuse, Tar -Pamlico, Randleman, Catawba (or any other basin with buffer
rules), shall be limited to "uses" identified within and constructed in accordance with 15A
NCAC 2B .0233, .0259, .0250, and .0243, 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 riparian area protection rule
requirements, including diffuse flow requirements, must be met.
8. Water Supply Watershed Buffers
The 100-foot wide (high -density development) or the 30-foot wide vegetative buffer (all other
development) must be maintained adjacent to all perennial waters except for allowances as
provided in the Water Supply Watershed Protection Rules [15A NCAC 2B .0212 through
.0215].
Water Quality Certification No. 3687

Water Quality Certification No. 3687
9. Placement of Culverts and Other Structures in Waters and Wetlands
The application must include construction plans with cross -sectional details in order to
indicate that the current stability of the stream will be maintained or enhanced (i.e., not result
in head cuts).
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert. Placement of culverts
and other structures in waters, streams, and wetlands must be placed below the elevation of
the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life, unless otherwise justified and approved by the
Division.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways or other fill projects are constructed across FEMA-designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
Any rip rap required for normal pipe burial and stabilization shall be buried such that the
original stream elevation is restored and maintained.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip -rap or other bank hardening
methods.
10. If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact between curing concrete and stream water. Water that inadvertently
contacts uncured concrete should not be discharged to surface waters due to the potential for
elevated pH and possible aquatic life/fish kills.
11. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division
of Coastal Management General Permit for construction of Wooden and Riprap Groins in
Estuarine and Public Trust Waters) must meet all the specific conditions for design and
construction specified in 15A NCAC 07H .1405.
12. Temporary Fills and/or Access Roads
All temporary fill and culverts shall be removed and the impacted area returned to the original
grade, including each stream's original cross sectional dimensions, plan form pattern, and
longitudinal bed and bed profile after construction is complete or within two (2) months of the
establishment of the crossing, which ever is sooner, and the various sites shall be stabilized
with natural woody vegetation (except for the maintenance areas of permanent utility
crossings) and restored to prevent erosion. If the crossings are not completely removed and
restored as described above within the specified time above, then written approval from the
Division must be obtained to modify this condition.
Water Quality Certification No. 3687

Water Quality Certification No. 3687
13. For activities requiring written approval, additional site -specific conditions may be added to
the approval letter in order to ensure compliance with all applicable water quality and effluent
standards.
14.Certificate of Completion
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.
15. If an environmental document is required under 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.
16. This General Certification shall expire three (3) years from the date of issuance of the written
approval or on the same day as the expiration date of these corresponding Nationwide and
Regional General Permits. In accordance with General Statute 136-44.7B, certifications
issued to the NCDOT shall expire only upon expiration of the federal 404 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. If the
construction process for approved activities will overlap the expiration and renewal date of
the corresponding 404 Permit and the Corps allows for continued use of the 404 Permit, then
the General Certification shall also remain in effect without requiring re -application and re -
approval to use this Certification for the specific impacts already approved.
17. 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.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall
result in revocation of this General 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 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.
Water Quality Certification No. 3687

Water Quality Certification No. 3687
Effective date: November 1, 2007
DIVISION OF WATER QUALITY
By
Coleen H. Sullin
Director
History Note: Water Quality Certification Number 3687 replaces Water Quality Certification
Number 3376 issued on March 18, 2002, Water Quality Certification Number 3494 issued
December 31, 2004, and Water Quality Certification Number 3624 issued March 2007. This
General Certification is rescinded when the Corps of Engineers re -authorizes any of these
Nationwide or Regional Permits or when deemed appropriate by the Director of the Division of
Water Quality.
Water Quality Certification No. 3687

Water Quality Certification N°. 3689
GENERAL CERTIFICATION FOR STREAM RESTORATION, ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND
CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FOR U.S. ARMY CORPS OF
27 (WETLAND AND RIPARIAN RESTORATION AND CREATION),
AND REGIONAL PERMIT 197800080 (BULKHEADS AND RIPRAP)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3689 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 .0500 and 15A NCAC 213 .0200 for the
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; wetland
and riparian restoration or creation; and the construction and maintenance of bulkheads on non -
Federal Energy Regulatory Commission (FERC) lakes.
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 set forth.
All proposed fill or modification of wetlands and/or waters, including streams and streambanks,
under this General Certification requires application to, and written approval from the Division of
Water Quality (the "Division"), regardless of the purpose of the restoration, enhancement,
stabilization, or creation activity.
Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection of up to 500
feet of stream banks to protect property are exempt from the requirement for written approval.
Any impacts to riparian buffers associated with this work in the Neuse, Tar -Pamlico, Randleman
and Catawba River Basins (or any other basins with Riparian Area Protection Rules [Buffer
Rules] in effect at the time of application [in accordance with 15A NCAC 2B .0200]) will require
written approval, unless the activities are listed as "EXEMPT" from these Rules..
In accordance with North Carolina General Statute Section 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.
Conditions of Certification:
1. Activities shall meet the definitions, design, and monitoring protocols specified within the US
Army Corps of Engineers Wilmington District Regulatory Guidance Letter (RGL02-02) and
the Stream Mitigation Guidelines (April 2003) or any subsequent updates to these
documents.
2. 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 and/or those
authorized by this Certification, including incidental impacts. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control

Water Quality Certification No. 3689
Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
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:
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 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, except for publicly
funded linear transportation projects when materials can be accessed offsite in a timely
manner..
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNA's), Trout jr), SA, WS-1, WS-ll, High Quality (HQW), or Outstanding Resource
(ORW) waters, then the sediment and erosion control requirements contained within
Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) supercede all other
sediment and erosion control requirements.
4. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters outside
of the permitted impact areas without prior approval by the Division. If placement of sediment
and erosion control devices in wetlands and waters is unavoidable, design and placement of
temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down
stream 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 or locally delegated program has released the project.
5. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCG010000) administered by the Division is
automatically issued to the project. This General Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated by conditions in the permit. If your
project is covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation control plan,
self -monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms may be found at
http:Ah2o.enr.state.nc.us/su/Forms Documents.htm.
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.

Water Quality Certification N°. 3689
6. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle or bird nesting),
then biological monitoring may be required at the request of other state or federal agencies
and coordinated with these activities. This condition can be waived through written
concurrence on a case by case basis upon reasonable justification.
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. This condition can be waived through written concurrence on a case by case
basis upon reasonable justification.
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 W RC,
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. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water. Exceptions to this condition require submittal to, and approval
by, the Division.
8. Riparian Area Protection (Buffer) Rules
Activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands
or not) within the Neuse, Tar -Pamlico, Randleman, Catawba (or any other basin with buffer
rules), shall be limited to "uses" identified within and constructed in accordance with 15A
NCAC 2B .0233, .0259, .0250 and .0243, 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.
9. Water Supply Watershed Buffers
The 100-foot wide (high -density development) or the 30-foot wide vegetative buffer (all other
development) must be maintained adjacent to all perennial waters except for allowances as

Water Quality Certification N°. 3689
provided in the Water Supply Watershed Protection Rules [15A NCAC 2B .0212 through
.0215].
10. If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact between curing concrete and stream water. Water that inadvertently
contacts uncured concrete should not be discharged to surface waters due to the potential for
elevated pH and possible aquatic life/fish kills.
11. 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 to ensure structural integrity of bank stabilization measures. If rip -rap is
to be installed within the streambed, the amount and location must be approved in writing by
the Division of Land Resources and Division of Water Quality. However, rock vanes, wing
deflectors, and similar structures for grade control and bank protection are acceptable.
12. If an environmental document is required under NEPA or SEPA, then this General
Certification is not valid until a Finding of No Significant Impact or Record of Decision is
issued by the State Clearinghouse.
13. Additional site -specific conditions may be added to the written approval attached to this
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
14.This Certification shall expire three (3) years from the date of the approval letter from DWQ or
on the same day as the corresponding Nationwide Permit. In accordance with General
Statute 136-44.78, certifications issued to the NCDOT shall expire only upon expiration of the
federal 404 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. If the construction process for approved activities will overlap the
expiration and renewal date of the corresponding 404 Permit and the Corps allows for
continued use of the 404 Permit, then the General Certification shall also remain in effect
without requiring re -application and re -approval to use this Certification for the specific
impacts already approved.
15. 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.
16. Certificate of Completion
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.
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.

Water Quality Certification N°. 3689
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: November 1, 2007
DIVISION OF WATER QUALITY
By
Coleen H. Sullins
Director
History Note: Water Quality Certification Number 3689 replaces Water Quality Certification
(WQC) Number 3399 issued March 2003, Water Quality Certification (WQC) Number 3495
issued December 31, 2004, and Water Quality Certification (WQC) Number 3626 issued March
2007. This WQC is rescinded when the Corps of Engineers reauthorizes Nationwide Permits 13
or 27 or Regional Permit 197800080 or when deemed appropriate by the Director of the Division
of Water Quality.