WQC 3681

Water Quality Certification N°. 3681
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR U.S. ARMY CORPS OF
ENGINEERS GENERAL (REGIONAL) PERMIT NUMBER 199200297 TO AUTHORIZE THE
DISCHARGE OF DREDGED OR FILL MATERIAL WITHIN NON-TIDAL WATERS OF THE
UNITED STATES IN THE STATE OF NORTH CAROLINA ASSOCIATED WITH FOREST
MANAGEMENT AND WILDFIRE CONTROL AND SUPPRESSION
WHEN PERFORMED BY THE U.S. FOREST SERVICE OR N.C. DIVISION OF FOREST
RESOURCES OR WHEN CONDUCTED ON FEDERAL OR STATE OWNED PROPERTY AND
RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3681 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 Regional (General)
Permit Number 199200297 and for the Riparian Area Protection Rules (Buffer Rules) in 15A
NCAC 2B .0200.
The category of activities shall include any fill activity for the construction of fire plow lines for the
purpose of training forest fire equipment operators by the U.S. Forest Service or N.C. Division of
Forest Resources within non-tidal waters of the U.S. in the State of North Carolina.
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 covered by this General Certification do not require written approval from the Division of
Water Quality (the "Division") as long as they comply with the Conditions listed below. However,
a courtesy copy of the Pre-Construction Notification (PCN) application form must be
provided to the Division. If any of these Conditions cannot be met, then written approval
from the Division is required. Activities that are located within river basins with Riparian
Area Protection Rules (Buffer Rules) require written approval unless listed in the Table of
Uses as "EXEMPT".
In accordance with North Carolina General Statute Section 143-215.3D(e), any requirement for
written approval fora 401 Water Quality 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. Wildfire training activities which impact one acre (0.405 ha) or less of wetlands at locations
previously approved by the Division in Bladen, Brunswick, Columbus, Cumberland, Dare,
Greene, Hyde, Jones and Onslow Counties may be conducted without prior notification to the
Division.
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 Forestry Best Management Practices
Manual to Protect Water Quality. 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.
Water Quality Certification No. 3681

Water Quality Certification N°. 3681
b. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
c. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNAs), Trout (Tr), SA, WS-I, WS-II, 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.
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters without
prior approval by 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 after the area has been stabilized following the fire plow
training activity.
4. Construction Moratoriums and Coordination
All moratoriums established by 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, or other aquatic species must be
obeyed.
All work within the twenty-five (25) designated trout counties, or identified state or federal
endangered or threatened species habitats shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
5. 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 river 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.
6. For all work not associated with emergency wildfire fighting, heavy equipment must be kept
out of buffer areas at least 50 feet wide on both sides of all perennial and intermittent streams
shown on the most recent version of the 1:24000 USGS topographic map or county soil
survey. During wildfire fighting operations these 50-foot buffers should also be maintained
when possible.
7. Compensatory mitigation [15A NCAC 2H .0506 (h)] shall not be required for this General
Certification unless more than one (1) acre of wetlands is permanently converted to upland.
In this case, written approval is required from the Division for the wetland mitigation plan and
the plan must be in accordance with the most current design and monitoring protocols
established by the Division. In addition, buffer mitigation may be required for any project with
Buffer Rules in effect at the time of application. A determination of buffer, wetland and
stream mitigation requirements shall be made for any General Certification.
8. Berms that separate the roads from any canals, ditches, or streams shall be repaired after the
completion of any training activity.
Water Quality Certification No. 3681 2

Water Quality Certification N°. 3681
9. If an environmental document is required under NEPA or SEPA, then this General
Certification is not valid until a FONSI or ROD is issued by the State Clearinghouse.
10. The applicant shall submit an annual report on the use of this General Certification to the NC
Division of Water Quality - 401 Certification Program no later than December 31 of each
year. This report shall include a summary of all training activities authorized by this General
Certification, the areas where the permit was used, the lengths and widths of fire plow lines
constructed, and any problems encountered or violations of the Conditions contained in this
General Certification of the General Permit.
11. 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.
12. When written approval is required, the applicant shall use the Certificate of Completion form
attached to the cover letter to notify the Division when all activities authorized by this General
Certification have been completed.
13. 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 the corresponding Regional General
Permit 199200297. 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.
14. 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.
15. 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 fill project shall
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.
Water Quality Certification No. 3681

Water Quality Certification N°. 3681
Public hearings may be held for specific applications or groups 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 3681 replaces 1) Water Quality Certification
Number 3643 issued on March 19, 2007, and Water Quality Certification Number 3350 issued on
March 18, 2002, and 2) Water Quality Certification Number 3644 issued on March 19, 2007,
Water Quality Certification Number 2862 issued on January 24, 1994, and Water Quality
Certification Number 3125 issued on February 11, 1997. This General Certification is rescinded
when the Corps of Engineers re-authorizes Regional (General) Permit 19920297 or when
deemed appropriate by the Director of the Division of Water Quality.
Water Quality Certification No. 3681 4