GC 3287

GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT ~BERS
39 (RESIDENTIAL, COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS),
41 (RESHAPING EXISTING DRAINAGE DITCHES),
42 (RECREATIONAL FACILITIES),
43 (STORMWATER MANAGEMENT FACILITIES)
AND 44 (MINING ACTIVITIES)
AND NEUSE/TAR-PAMLICO/RANDLEMAN BUFFER RULES
This General Certification is issued inconformity 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 (DWQ) 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 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) (39, 41, 42, 43 and 44) of the Corps of Engineers regulations (i.e., Nationwide
Permit No. 39) and for the Neuse,TarPamlico and Randleman Buffer Rules (15A NCAC 2B
.0233 and .0259 and .0250). This Certification replaces Water Quality Certification Number 3108
issued on February 11,1997. This WQC is rescinded when the Corps of Engineers re-authorizes
Nationwide Permits 39, 41, 42, 43 or 44 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
95-21? 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 (0.33 acre, 0.135
hectare) of wetlands or waters for a project requires written concurrence from the Division
of Water Quality. If impacts fall below this threshold and the stream impact threshold
described in Condition 4, written concurrence is not required unless the applicant believes
that any condition of this certification cannot be met. In such cases, an application and
written concurrence from DWQ is required;
2. Proposed fill or substantial modification of equal to or less than one-third acre (0.33 acre,
0.135 hectare) of wetlands for a project does not require written concurrence from the
Division of Water Quality as long as the project is incompliance with all conditions of
this General Certification except Condition No. 16;
3. Proposed fill or substantial modification of any amount of wetlands classified in
accordance with 15A NCAC 2B .0101{e)(7) as Unique Wetlands (tJWL} shall require
written concurrence from the Division of Water Quality;
4. Proposed fill, flooding or substantial modification of greater than or equal to 150 linear
feet (45.7 meters) cumulative impact on all streams for a project requires written
concurrence from the DWQ. Stabilization practices (i.e. rip-rap), excavation, removal of
bank-to-bank vegetation, and any other work that alters the natural dimension, pattern, or
profile shall be included in the reported impacts along with the placement of culverts and
other structures in wetlands or streams;
5. Proposed fill or substantial modification of less than 150 linear feet (45.7 m) cumulative
impact on all streams on a project does not require written concurrence from the Division

of Water Quality as long as the project is incompliance with all conditions of this General
Certification except Condition No. 16. However, Condition No. 6 is applicable to all
streams in basins with riparian area protection rules;
6. Impacts to any stream length in the Neuse, Tar-Pamlico and Randleman River Basins
requires written concurrence from DWQ in accordance with 15A NCAC 2B.0233, NCAC
2B .0259 and .0250 and 15A NCAC 2H .0500. 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 .0233,15A NCAC 2B .0259 and .0250.
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. Activities listed as "exempt" from these rules do
not need to apply for written concurrence under this Certification;
7. In order to protect and preserve water quality in the immediate watersheds which drain
directly to 303(4) listed waters, as well as watersheds that are classified as nutrient
sensitive waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters
(HQW), and outstanding resource waters (ORW), the Division shall require that extended
detention wetlands (designed according to latest version of the NC DENR Stormwater
Best Management Practices Manual} be constructed as part of the stormwater
management plan when asite-specific stormwater management plan is required. Methods
such as dry detention basins followed by level spreaders that sheet flow through forested
filter strips and that meet the design standards specified in the latest version of the NC
DENR Stormwater Best Management Practices Manual may also be used, if appropriate.
Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufficient to
satisfy this condition. This condition applies unless more stringent requirements are in
effect from other state water quality programs;
8. Compensatory stream mitigation shall be required at a l: l ratio for all perennial and
intermittent stream impacts in watersheds classified as ORW, HQW, Tr, WS-I and WS-II;
9. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application fora 401 Water Quality Certification must include the appropriate fee. If a
project also requires a LAMA Permit, one payment to both agencies shall be submitted
and will be the higher of the two fees;
10. In accordance with 15A NCAC 2H .OSOb (h) compensatory mitigation may be required
for impacts to streams and/or wetlands. In addition, buffer mitigation may be required for
any project with Buffer Rules in effect at the time of application. A determination of
buffer, wetland and stream mitigation requirements shall be made by DWQ for any
Certification involving written concurrence. The most current design and monitoring
protocols from DWQ shall be followed and written plans submitted for DWQ's approval
as required in those protocols;
1 1. For any project involving astream re-alignment, a stream relocation plan must be
included with the 401 application. This plan must be approved by DWQ prior to issuance
of the 401 Certification. Relocated stream designs should include similar dimensions,
patterns and profiles as the existing channel. The new channel shall be constructed in the
dry and water shall not be turned into the new channel until the banks are stabilized.

Vegetation used for bank stabilization shall be limited to native species, and should
include establishment of a SO foot wide wooded buffer on both sides of the relocated
channel to the extent practical;
12. Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed to allow low flow passage of water and aquatic life
unless it can be shown to DWQ that providing passage would be impractical. Design and
placement of culverts and other structures including 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.
The applicant is required to provide evidence that the equilibrium shall be maintained if
requested in writing by DWQ. Additionally, when roadways, causeways or other fill
projects are constructed across EEMA-designated floodways or wetlands, openings such
as culverts or bridges must be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may result in destabilization of streams
or wetlands;
13. Stormwater management measures and structures shall be implemented for all
project sites in order to prevent degradation of downstream water quality or uses,
including protection of downstream stream bed and bank stability. Additional site-
specific stormwater management requirements may be added to this Certification at
DWQ's discretion on a case by case basis for projects that have impervious cover of
greater than 30 percent. Site-specific stormwater management shall be designed to
remove 85% TSS according to the latest version of DWQ's Stormwater Best
Management Practices manual. Alternative designs may be requested by the applicant
and will be reviewed on acase-by-case basis by the Division of Water Quality. Approval
of stormwater management plans by the Division of Water Quality's other existing state
stormwater programs including appropriate local programs are sufficient to satisfy this
Condition. This condition applies unless more stringent requirements are in effect from
other state water quality programs;
14. 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;
15. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the natural grade restored within two months after the Division of Land
Resources has released the project;
16. Additional site-specific conditions may be added to projects with greater than one-
third acre (0.33 ac, 0.135 hectare) impact to wetlands or waters or 150 linear feet (45.7
meters) of streams which are proposed under this Certification;
17. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened; ,

18. 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;
19. 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;
20. If this General Certification is used in combination with General Water Quality
Certifications for Nationwide Permits 13,14,18 and 40, written approval from
the Division of Water Quality is required;
21. 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 Nationwide Permit 39, 41, 42, 43 and 44,
whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific X11
project may 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 maybe 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: 1 June 2000
DNISION OF WATER QUALITY
By
~..~~~J~
Ken T. Stevens
Director
WQC # 3287