WQC 3695

Water Quality Certification N°. 3695
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR U.S. ARMY CORPS OF
ENGINEERS REGIONAL GENERAL PERMIT FOR EXCAVATION AND DISCHARGE OF
DREDGED MATERIALS ASSOCIATED WITH RECREATIONAL PLACER MINING ACTIVITIES
IN NAVIGABLE WATERS AND WATERS OF THE UNITED STATES. WITHIN KNOWN GOLD
BELTS IN THE STATE OF NORTH CAROLINA
Water Quality Certification Number 3695 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 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 325 Appendix A of the Corps of Engineers regulations. The category of
activities shall include any excavation and/or discharge of dredged materials associated with
recreational placer mining activities within known gold belts.
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 of
these Conditions cannot be met, or if the activity is associated with or in response to a
Notice of Violation or an enforcement action initiated by the Division of Water Quality
and/or the NC Division of Land Resources, 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 explicitly 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. Mining shall be prohibited from streams classified as Outstanding Resource Waters,
High Quality Waters (e.g., WS-I, WS-II) or Trout waters as described in 15A NCAC 2B
.0100 rules. The applicant should contact the appropriate Division of Water Quality Regional
or Central office to determine if the waterbody has any of these supplemental classifications.
2. Mining shall be prohibited from waterbodies identified by the Natural Heritage Program as
known locations for federal or state species listed as endangered or threatened. The
applicant must contact the NC Natural Heritage Program for this determination.
3. No Impacts Beyond those Authorized by This Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts authorized by this Certification. For impacts beyond those
thresholds such that written authorization is required, no impacts are allowed beyond those
authorized in the written approval including incidental impacts. All 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.
Water Quality Certification No. 3695

Water Quality Certification N°. 3695
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.
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
(PNA's), 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 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.
7. 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.
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Water Quality Certification N°. 3695
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 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.
8. The discharge shall not contain levels of toxic pollutants that would result in a violation of state
water quality and wetland standards..
9. 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.
10. 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..
11.The spoil pile and/or tailings that are discharged must not alter the natural flow of the
waterbody.
12.Fueling, lubrication and general equipment maintenance shall not take place within than
50 feet of a waterbody or wetlands to prevent contamination by fuels and oils.
13. 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. Channel realignments shall be constructed by excavating the
new channel from downstream to upstream before connecting it to the existing channel.
14. 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.
15. 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].
Water Quality Certification No. 3695

Water Quality Certification N°. 3695
16. 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.
17. 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.
18. 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. 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.
19. 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
teen H. Sulli
Director
Water Quality Certification No. 3695 4

Water Quality Certification N°. 3695
History Note: Water Quality Certification Number 3695 replaces Water Quality Certification
Number 3126 issued on February 11, 1997, Water Quality Certification Number 3356 issued on
March 18, 2002, and Water Quality Certification Number 3651 issued on March 19, 2007. This
General Certification is rescinded when the Corps of Engineers re-authorizes the associated
Regional (General) Permit or when deemed appropriate by the Director of the Division of Water
Quality.
Water Quality Certification No. 3695