WQC 3694

Water Quality Certification N°. 3694
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR U S ARMY CORPS OF ENGINEERS REGIONAL (GENERAL) PERMIT NUMBER
198500194 (ARTIFICIAL REEFS AND FISH ATTRACTORS),
NATIONWIDE PERMIT NUMBER 15 (U.S. COAST GUARD APPROVED BRIDGES)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3694 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 the Wilmington
District's Regional (General) Permit Number 198600020 (Fish Enhancement Structures in Trout
Waters) and Regional (General) Permit Number 198500194 (Artificial Reefs and Fish Attractors)
or as described in 33 CFR 330 Appendix A (B) (15) and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200.
Any proposed fill or modification of wetlands or waters, including streams, under this General
Certification requires application to, and written approval from the Division of Water Quality (the
"Division"). 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.
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.
Conditions of Certification:
1. No Impacts Beyond those Authorized in the Written Approval
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
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.
Water Quality Certification No. 3694

Water Quality Certification N°. 3694
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) supersede 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 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 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.
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.
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.
Water Quality Certification No. 3694

Water Quality Certification N°. 3694
7. 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, Catawba, or Randleman Basins (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.
8. Water Supply Watershed Buffers
The 30-foot wide vegetative buffer (low-density development) or the 100-foot wide (high-
density development) shall 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].
9. Compensatory Mitigation
In accordance with 15A NCAC 2H .0506 (h), compensatory mitigation shall be required for
losses of 150 linear feet or more of streams and/or one (1) acre or more of wetlands. For
linear, public transportation projects, impacts equal to or exceeding 150 linear feet per stream
shall require mitigation.
Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and
intermittent stream impacts in watersheds classified as ORW, HQW, Trout, WS-I and WS-II.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for buffer impacts resulting from activities classified as "Allowable with Mitigation"
within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer
Rules.
A determination of buffer, wetland and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide Permit. Design and monitoring
protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation
Guidelines (April 2003), or its subsequent updates. Compensatory mitigation plans shall be
submitted for written Division approval as required in those protocols. Alternatively, the
Division will accept payment into an in-lieu fee program or credit purchase from a mitigation
bank.
Finally, the mitigation plan must be implemented and/or constructed before any permanent
building or structure on site is occupied. In the case of public road projects, the mitigation
plan must be implemented before the road is opened to the public. Proof of payment to an
in-lieu fee program or mitigation bank must be provided to the Division to satisfy this
requirement.
10. 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.
11. If concrete is used during this activity, then a dry work area should be maintained to prevent
direct contact 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. All reefs or fish enhancement
structures shall be constructed of materials that are not toxic to aquatic life.
Water Quality Certification No. 3694

Water Quality Certification N°. 3694
12. Native species of forested vegetation shall be re-established in any construction access or
other temporary impact area occurring in a protected buffer zone within the next growing
season following construction of a project.
13. Additional site-specific conditions may be added to the cover letter in order to ensure
compliance with all applicable water quality and effluent standards.
14. 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. 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 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.
16. 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 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.
Effective date: November 1, 2007
DIVISION OF WATER QUALITY
B
een H. Sul ' s
Director
Water Quality Certification No. 3694 4

Water Quality Certification N°. 3694
History Note: Water Quality Certification Number 3694 replaces Water Quality Certification
Number 3348 issued March 18, 2002, Water Quality Certification Number 3488 issued December
31, 2004, and Water Quality Certification Number 3628 issued March 19, 2007. This Water
Quality Certification is rescinded when the Corps of Engineers re-authorizes any of these
Nationwide or Regional (General) Permits or when deemed appropriate by the Director of the
Division of Water Quality.
Water Quality Certification No. 3694