WQC 3701

Water Quality Certification N°. 3701
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR U.S. ARMY CORPS OF
ENGINEERS NATIONWIDE PERMIT NUMBER 23 (APPROVED CATEGORICAL
EXCLUSIONS) AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3701 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 33 CFR 330
Appendix A (B) (23) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B
.0200. The category of activities shall include only Federally-approved Categorical Exclusion
projects.
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.
Any proposed fill or substantial modification of wetlands or waters (including streams) under this
General Certification requires notification to the Division of Water Quality (the "Division"). Two (2)
copies shall be submitted to the Division at the time of notification in accordance with 15A NCAC
2H .0501(a).
If any one (1) of the Conditions of Certification cannot be met, or, if the activities meet any one (1)
of the following thresholds, then require written approval from the Division of Water Quality (the
"Division") is required:
I. Stream and/or buffer impacts:
a. Stream impacts equal or greater than 40 linear feet.
b. 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.
II. Impacts to waters of equal to or greater than one-third (1/3) of an acre.
III. Wetland impacts:
a. Equal to or greater than one-third (1/3) acre East of Interstate-95.
b. Equal to or greater than one-tenth (1/10) acre West of Interstate-95.
c. Any impacts to wetlands adjacent to waters designated as: ORW, SA, WS-I, WS-
II, or Trout, or wetlands contiguous to waters designated as a North Carolina or
National Wild and Scenic River.
d. Any impacts to coastal wetlands [15A NCAC 7H .0205)], or Unique Wetlands
(UWL) [15A NCAC 2H .0506].
IV. If the activity is associated with or in response to a Notice of Violation or an
enforcement action initiated by the Division and/or the Division of Land Resources.
V. Projects with any impacts to streams, wetlands, and/or waters that have received a
Notice of Violation from the Division and/or Division of Land Resources.
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.
Water Quality Certification No. 3701

Water Quality Certification N°. 3701
Conditions of Certification:
1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Thresholds for
use of 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 in the written approval or beyond the
thresholds allowed for use of this General Certification, 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.
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, except
for publicly funded linear transportation projects when materials can be accessed
offsite in a timely manner.
e. tf 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.
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters
outside of the permitted impact areas without prior written 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.
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Water Quality Certification N°. 3701
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.
NCDOT shall be required to be in full compliance with the conditions related to
construction activities within the most recent version of their individual NPDES
(NCS000250) stormwater permit.
5. 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. This condition can be waived through
written concurrence on a case-by-case basis upon reasonable justification.
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. This condition can be waived through written concurrence on a
case-by-case basis upon reasonable justification.
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.
6. If concrete is used during the construction, then a dry work area should be maintained to
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.
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, Randleman, or Catawba River 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 riparian area protection rule requirements, including diffuse flow
requirements, must be met.
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Water Quality Certification N°. 3701
8. Water Supply Watershed Buffers
The 100-foot wide (high-density development) or the 30-foot wide vegetative buffer (all
other 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. 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. Exceptions to this condition require submittal to, and approval by, the
Division of Water Quality.
10. For all activities requiring re-alignment of streams, a stream relocation plan must be
included for written Division approval. Relocated stream designs should include the same
dimensions, patterns and profiles as the existing channel (or a stable reference reach if the
existing channel is unstable), to the maximum extent practical. The new channel should
be constructed in the dry and water shall not be turned into the new channel until the
banks are stabilized. Vegetation used for permanent bank stabilization shall be limited to
native woody species, and should include establishment of a 30-foot wide wooded and an
adjacent 20-foot wide vegetated buffer on both sides of the relocated channel to the
maximum extent practical. A transitional phase incorporating appropriate erosion control
matting materials and seedling establishment is allowable. Rip-rap, A-Jacks, concrete,
gabions or other hard structures may be allowed if it is necessary to maintain the physical
integrity of the stream, but the applicant must provide written justification and any
calculations used to determine the extent of rip-rap coverage. Please note that if the
stream relocation is conducted as a stream restoration as defined in the US Army Corps of
Engineers Wilmington District, April 2003 Stream Mitigation Guidelines (or its subsequent
updates), the restored length can be used as compensatory mitigation for the impacts
resulting from the relocation.
11. Placement of Culverts and Other Structures in Waters and Wetlands
The application must include construction plans with cross-sectional details in order to
indicate that the current stability of the stream will be maintained or enhanced (i.e., not
result in head cuts).
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low
flows. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed by one foot for all culverts with a diameter
greater than 48 inches, and 20 percent of the culvert diameter for culverts having a
diameter less than 48 inches, to allow low flow passage of water and aquatic life unless
otherwise justified and approved by the Division.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways or other fill projects are constructed across FEMA-designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain
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Water Quality Certification N°. 3701
the natural hydrology of the system as well as prevent constriction of the floodway that
may result in destabilization of streams or wetlands.
Any rip rap required for normal pipe burial and stabilization shall be buried such that the
original stream elevation is restored and maintained.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip-rap or other bank hardening
methods.
12. Compensatory Mitigation
In accordance with 15A NCAC 2H .0506 (h), compensatory mitigation maybe 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 lines feet per
stream may require mitigation.
In watersheds classified as: ORW, HQW, Tr, WS-I, and WS-II, compensatory stream
mitigation may be required at a 1:1 ratio for not only perennial but also intermittent stream
impacts equal to or exceeding 150 feet and that require application and written approval
from the Division, unless the project is a linear, publicly-funded transportation project,
which has a 150-foot per-stream impact allowance.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
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application for buffer impacts resulting from activities classified as allowable with
mitigation" within 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 Certification for this Nationwide Permit.
When compensatory mitigation is required for a project, the mitigation plans must be
approved by the Division, in writing, before the impacts approved by this Certification
occur. The most current design and monitoring protocols from the Division shall be
followed and written plans submitted for the Division approval as required in those
protocols. Alternately, the Division will accept payment into an in-lieu fee program or
mitigation bank. Before any permanent building or structure on site is occupied, the
mitigation plan must be implemented and/or constructed or proof of payment to a
mitigation bank or in-lieu fee program must be provided to the Division. In the case of
public road projects, the mitigation plan must be implemented, before the road is opened
to the traveling public whenever practical or at the earliest reasonable time during the
construction of the project
13. 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.
14. For activities requiring written approval, additional site-specific conditions may be added to
the cover letter projects in order to ensure compliance with all applicable water quality and
effluent standards.
15. Certificate of Completion
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.
Water Quality Certification No. 3701

Water Quality Certification N°. 3701
16. 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. In accordance with General Statute 136-44.7B, certifications
issued to the NCDOT shall expire only upon expiration of the federal 404 Permit. 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.
17. 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 (WQC) Number 3701 replaces Water Quality
Certification Number 2670 issued on January 21, 1992, WQC Number 2734 issued on May 1
1993, WQC Number 3107 issued on February 11, 1997, WQC Certification Number 3361 issued
March 18, 2002, WQC Certification Number 3403 issued March 2003, and WQC Number 3632
issued March 2007. This General Certification is rescinded when the Corps of Engineers re-
authorizes Nationwide Permit 23 or when deemed appropriate by the Director of the DWQ.
Water Quality Certification No. 3701 6