WQC 3686

Water Quality Certification N°. 3686
GENERAL CERTIFICATION FOR COASTAL DUNE AND SHORELINE STABILIZATION
Water Quality Certification Number 3686 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.
This General Certification is applicable to activities pursuant to the Rivers and Harbors Act of
1899 and/or the North Carolina State Guidelines for Areas of Environmental Concern in Ocean
Hazard Areas as follows:
1) The repair and construction of primary dunes, jetties and bulkheads with backfill,
2) The placement of rip-rap material and/or sand bags (filled with sand excavated from
areas waterward of the mean high water (MHW) elevation) or authorized under the
Corps of Engineers Regional (General) Permit 048
3) These categories of work are certified only along the ocean shoreline in Brunswick,
New Hanover, Pender, Onslow, Carteret, Hyde, Dare and Currituck Counties, North
Carolina.
This General Certification is applicable only when life or structural property is in imminent danger
as a result of rapid recent erosion, sudden failure of a man-made structure or flooding.
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. If any one
of these Conditions cannot be met, then written approval from the Division is required.
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.
Two (2) copies of a written report and as-built site plan, along with two (2) copies of the Pre-
Construction Notification Application or DCM Field Report shall be submitted to the Division within
fourteen (14) days prior to the dune or shoreline stabilization work to document the need for the
activity.
Conditions of Certification:
1. The applicant shall accept liability and hold the State harmless for any damages that may
occur as a result of these activities.
2. 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.
Work within identified state or federal endangered or threatened species habitat shall be
coordinated with the NC Wildlife Resources Commission, National Marine Fisheries Service,
NC Division of Marine Fisheries, and/or US Fish and Wildlife Service personnel.
Water Quality Certification No. 3686

Water Quality Certification N°. 3686
3. No Impacts Beyond those in Pre-construction Notification Application
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, 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.
4. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation, 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.
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),
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.
5. 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 of the date that the Division of Land Resources or locally
delegated program has released the project.
6. 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://h2o. enr. state, nc. us/su/Forms Documents. htm.
Water Quality Certification No. 3686 2

Water Quality Certification N°. 3686
7. If an environmental document is required under NEPA or SEPA, then this Certification is not
valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued
by the State Clearinghouse.
8. When written approval is required, the applicant shall use the Certificate of Completion form
attached to the cover letter when all activities authorized by this General Certification have
been completed.
9. For projects requiring written approval, additional site-specific conditions may be added to the
cover letter in order to ensure compliance with all applicable water quality and effluent
standards.
10. 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 Nationwide and
Regional General Permits. 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 4p4 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.
11. 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, stream 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
Water Quality Certification No. 3686

Water Quality Certification N°. 3686
History Note: Water Quality Certification Number 3686 replaces Water Quality Certification
Number 1379 issued on February 28, 1980, Certification Number 3121 issued on February 11,
1997, Certification Number 3357 issued on March 18, 2002 and Certification Number 3647 issued
on March 19, 2007. This General Certification can be rescinded when deemed appropriate by
the Director of the Division of Water Quality.
Water Quality Certification No. 3686