GC 3108

GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 26
(HEADWATERS AND ISOLATED WETLANDS}
This General Certification 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 adjacent
wetland areas which are above the headwaters or to wetland areas that
are not a part of the surface tributary system to interstate waters or
navigable waters of the United States (i.e., isolated wetlands) as
described in 33 CFR 330 Appendix A (B) (26) of the Corps of Engineers
regulations (i.e., Nationwide Permit No. 26). This Certification
replaces Water Quality Certification Number 2671 issued on January 21,
1992. This WQC is rescinded when the Corps of Engineers reauthorizes
Nationwide 26 or when deemed appropriate by the Director of DWQ.
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. Proposed fill or substantial modification of greater than
one-third acre (0.135 ha) of wetlands or waters for a
project requires a written concurrence from the Division of
Water Quality;
2. Proposed fill or substantial modification of equal to or
less than one-third acre (0.135 ha) of wetlands for a
project does not require written concurrence from the
Division of Water Quality as long as the project is in
compliance with all conditions of this General
Certification;
3. Proposed fill or substantial modification of any amount of
wetlands classified in accordance with 15A NCAC 2B
.0101(e)(7} as Unique Wetlands (UWL) shall require written
concurrence from the Division of Water Quality in accordance
with 15A NCAC 2H .0506(e};
4. Proposed fill or substantial modification of greater than
150 linear feet (45.7 m) of streams for a project requires a
written concurrence with the Division of Water Quality. For
the purpose of this Certification, streams are defined as
blue or purple lines for permanent or intermittent streams
as shown on the most recent version of the USGS 1:24,000
topographic map or other site-specific data;
5. Proposed fill or substantial modification of less than or
equal to 150 linear feet (45.7 m) of streams for a project
does not require a written concurrence from the Division of
Water Quality as long as the project is in compliance with
all conditions of this General Certification. For the
purpose of this Certification, streams are defined as blue
or purple lines for permanent or intermittent streams as
shown on the most recent version of the USGS 1:24,000
topographic map or other site-specific data;
6. That appropriate sediment and erosion control practices
which equal or exceed those outlined in the most recent
edition of the "North Carolina Sediment and Erosion Control

Planning and Design Manual" or the "North Carolina Surface
Mining Manual" (available from the Division of Land
Resources in the DEHNR Regional or Central Offices} must be
utilized to prevent exceedances of the appropriate turbidity
water quality standard (50 NTUs in streams and rivers not
designated as trout waters by DWQ; 25 NTUs in all saltwater
classes, and all lakes and reservoirs; 10 NTUs in trout
waters) ;
7. All sediment and erosion control measures placed in wetlands
and waters shall be removed and the natural grade restored
after the Division of Land Resources has released the
project;
8. Additional site-specific conditions may be added to projects
with greater than one-third acre impact to wetlands or 150
linear feet of streams which are proposed under this
Certification in order to ensure compliance with all
applicable water quality and effluent standards;
9. Measures shall be taken to prevent live or fresh concrete
from coming into contact with waters of the state until the
concrete has hardened;
10. If an environmental document is required, this Certification
is not valid until a FONSI or ROD is issued by the State
Clearinghouse;
11. Concurrence from DWQ that this Certification applies to an
individual project shall expire on 13 December 1998 to
coincide with the expiration date of Nationwide Permit 26.
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 also 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 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 Environmental Management.
Effective date: 11 February 1997.
DIVISION F WATER UALITY
By ~~
A. Preston Jr. P.E.
Director
gencert.26
WQC # 3108