WQC 3693

Water Quality Certification N°. #3693
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR U.S. ARMY CORPS OF
ENGINEERS REGIONAL PERMIT NUMBER 198200030 (TVA, OR FERC REGULATED
PUBLIC UTILITIES) AND REGIONAL PERMIT 198200079 ICOE LAKE AND RESERVOIR
MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES-
Water Quality Certification Number 3693 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 198200030 and Regional Permit Number
198200079 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200.
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 which require approval by the US Army Corps of Engineers under either of these
Regional Permits, but do not result in fill, dredging or excavation of waters or wetlands (such as
docks, piers or boathouses), do not require written approval from the Division of Water Quality as
long as they comply with all other conditions of this General Certification.
Activities that do result in fill, dredging or excavation of waters or wetlands under this Water
Quality Certification, require written approval from the Division of Water Quality.
Projects that have received a Notice of Violation from the Division of Land Resources and/or the
Division of Water Quality are required to submit a complete application and receive written
approval to use this Water Quality Certification regardless of the proposed impact amount to
streams, wetlands, and waters.
Any impacts to streams and/or buffers in the Neuse, Tar-Pamlico, Randleman and Catawba River
Basins (or any other basins with Riparian Area Protection Rules [Buffer Rules] in effect at the
time of application [in accordance with 15A NCAC 2B .0200]), unless the activities are listed as
"EXEMPT" from these Rules-
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:
No Impacts Beyond the Thresholds Authorized by this General Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the thresholds established for use of this Certification, 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:
Water Quality Certification No. 3693

Water Quality Certification N°. #3693
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) 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 by the Division. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, 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 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 habitat 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, Catawba, or Randleman (or any other
basin with buffer rules), shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B .020233, .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.
For sites with buffer rules in effect at the time of application, forested vegetation removed
from buffer areas for construction access purposes shall be re-established within the next
growing season following construction of the project.
Water Quality Certification No. 3693 2

Water Quality Certification N°. #3693
6. 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].
7. If concrete is used during the construction, 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.
8. Rip-rap shall be installed waterward of bulkheads installed in freshwater lakes to ensure
protection of aquatic habitat. Construction over wetlands shall be elevated at least three
(3) feet above any wetlands, and floating structures shall not rest periodically on the
bottom.
9. Piers and boat houses shall be constructed to provide for storage and removal of sewage
rather than allowing raw waste or other sewage to be disposed directly into surface
waters.
10. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place at the time of recording
of the property, or of individual lots, whichever is appropriate. A sample deed notification
can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit the project.
11. 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.
12. 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.
13. 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.
14. This General Certification shall expire three (3) years from the date of issuance of the
approval letter from the Division or on the same day as the expiration date of the
corresponding Regional Permit 198200030 or 198200079. 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.
Water Quality Certification No. 3693

Water Quality Certification N°. #3693
15. 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 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 3693 replaces Water Quality Certification
(WQC) Number 3373 issued on March 18, 2002, Water Quality Certification (WQC) Number 3492
issued on December 31, 2004, and Water Quality Certification (WQC) Number 3639 issued on
March 19, 2007. This WQC is rescinded when the Corps of Engineers re-authorizes these
Regional General Permits or when deemed appropriate by the Director of the Division of Water
Quality.
Water Quality Certification No. 3693 4