GC 3280

LAKE AND RESERVOIR ACTIVITY CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF
ENGINEERS REGIONAL PERMIT NUMBER 198200030 (TVA, OR FERC
REGULATED PUBLIC UTILITIES) AND REGIONAL PERMIT 198200079 (COE
LAKE AND RESERVOIR MAINTENANCE, REPAIR AND CONSTRUCTION
ACTIVITIES) AND NEUSE/TAR-PAMLICO/RANDLEMAN BUFFER RULES.
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 wetland areas
as described in the Wilmington District's Regional (General) Permit Number 198200030
and Regional Permit Number 198200079 and for the Neuse, Tar-Pamlico and Randleman
Buffer Rules (15A NCAC 2B .0233, .0259 and .0250). This Certification replaces Water
Quality Certification (WQC) Number 2674 issued on January 21,1992 and Water
Quality Certification Number 3099 issued on February 11,1997. This WQC is rescinded
when the Corps of Engineers re-authorizes these Regional General Permits or when
deemed appropriate by the Director of the 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. Activities which require approval under either of these General Permits but
do not result in fill, dredging or excavation of waters or wetlands (such as
docks, piers or boathouses} do not require written concurrence from the
Division of Water Quality as long as they comply with all other conditions of
this General Certification. However, Condition No. 5 is applicable to all
streams in basins with riparian area protection rules;
2. In accordance with North Carolina General Statute Section 143-215.3D(e},
any request for written concurrence fora 401 Water Quality- Certification
must include the appropriate fee. If a project also requires a CAMA Permit,
one payment to both agencies shall be submitted and will be the higher of the
two fees. The fee shall be collected and distributed between the two agencies
in accordance with agreements reached between the Division of Water
Quality and the Division of Coastal Management;
3. Activities which result in fill, dredging or excavation of waters or wetlands
under this General Certification require written concurrence from the Division
of Water Quality;
4. Measures shall be taken to prevent live or fresh concrete from coming into
contact with waters of the state until the concrete has hardened;

5. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins
requires written concurrence from DWQ in accordance with 15A NCAC
2B.0233 and 15A NCAC 2B .0259. New development activities located in
the protected 50-foot wide riparian areas (whether jurisdictional wetlands or
not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses"
identified within and constructed in accordance with 15A NCAC 2B .0233
and 15A NCAC 2B .0259. All new development 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;
6. That appropriate sediment and erosion control practices which equal or exceed
those outlined in the most recent version of the "North Carolina Sediment and
Erosion Control Planning and Design Manual" or the "North Carolina Surface
Mining Manual" whichever is more appropriate (available from the Division
of Land Resources (DLR) in the DENR Regional or Central Offices) shall be
in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water
quality standard;
7. Rip-rap shall be installed adjacent to bulkheads in freshwater lakes to ensure
protection of aquatic habitat. Construction over wetlands shall be elevated at
least three feet above any wetlands, and floating structures shall not rest
periodically on the bottom;
8. All sediment and erosion control measures placed in wetlands or waters shall
be removed and the natural grade restored after the Division of Land
Resources has released the project;
9. If an environmental document is required, this Certification is not valid until a
Finding of No Signficant Impact (FONSI) or Record of Decision (ROD) is
issued by the State Clearinghouse. All water quality-related conditions of the
FONSI or ROD shall become conditions of this Certification;
10. 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;
11. Additional site-specific conditions maybe added to projects proposed with
fill under this Certification in order to ensure compliance with all applicable
water quality and effluent standards;
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12. Concurrence from DWQ that this Certification applies to an individual project
shall expire three years from the date of the cover letter from DWQ or on the
same day as the expiration date of the corresponding Regional Permit
198200030 or 198200079, whichever is sooner;
13. When written concurrence is required, the applicant is required to use the
enclosed Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed.
Non-compliance with or violation of the conditions herein set forth by a specific
fill roject shall result in revocation of this Certification for the project and may result in
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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
rior to a Certification decision if deemed in the public's best interest by the Director of
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the North Carolina Division of Water Quality.
Effective date: 1 June 2000
DIVISION OF WATER QUALITY
By
~~.
Kerr T. Stevens
Director
WQC # 3280