WQC 3690

Water Quality Certification N°. 3690
GENERAL CERTIFICATION FOR UNDERWATER ARCHAEOLOGICAL WORK
Water Quality Certification Number 3690 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 15 NCAC 2B .0200 for the
discharge of fill material to navigable waters and wetlands to remove sediment overburden
associated with underwater investigations of archaeological or historical sites and scientific
salvage during removal or re-deposition of excavated hulls.
The State of North Carolina certifies that the above-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-
217if conducted in accordance with the conditions hereafter set forth.
Any activity proposed under this General Certification requires application to, and written approval
from the Division of Water Quality (the "Division").
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:
The work shall be in accordance with written plans developed in consultation with the
State Historic Preservation Office in the Department of Cultural Resources and others as
Appropriate.
2. Work in submerged aquatic vegetation beds, actively managed shellfish beds, Primary
Nursery Areas (PNA), Essential Fish Habitats (EFH) as classified by the Division of Marine
Fisheries, and ORW waters classified by the Division of Water Quality shall be excluded from
this General Certification.
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. 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 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.
Water Quality Certification No. 3690

Water Quality Certification N°. 3690
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 Moratoriums and Coordination
All moratoriums 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 must be obeyed.
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.
The timing of the dredging and discharge shall be coordinated with State and Federal
agencies and the applicant in order to lessen impact on aquatic organisms and their
reproduction.
7. Measures to control turbidity shall be proposed by the applicant and may be specified in the
written approval from the Division of Water Quality.
8. 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.
9. 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. 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.
11. This General Certification shall expire three (3) years from the date of the issuance of the
written approval or on the same day as the expiration date of these corresponding
Nationwide and Regional General Permits. The conditions in effect on the date of issuance
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Water Quality Certification N°. 3690
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.
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.
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
History Note: Water Quality Certification Number 3690 replaces Water Quality Certification
Number 2680 issued on January 21, 1992, Certification Number 3118 issued on February 11,
1997 Certification Number 3359 issued on March 18, 2002, and Certification Number 3646 issued
on March 19, 2007. This WQC maybe rescinded when deemed appropriate by the Director of
the Division of Water Quality.
Water Quality Certification No. 3690