Bu. Co. 401s Historic

" IF YOU INSTALL UNNATURAL GRADE CONTROL, THE STREAM WILL ATTEMPT TO TAKE IT OUT" David Derrick
Kevin Barnett - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone] .
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Barbara Wiggins [mailto:[e-mail]]
Sent: Monday, July 19, 2010 11:48 AM
To: [e-mail]
Cc: Barnett, Kevin
Subject: Question on installing pier for Cane Creek Elementary School in Buncome County
Liz— are you the COE,contact for projects in Buncombe County still? The Buncombe County School system is
helping the Cane Creek Elementary School with a proposed grant for installing a pier or dock to assist in the
class unit on the stream that they Have been doing for many years. I need to confirm the minimal impact and
the NWP that it would 'fall under.
I believe the impact would be much less than 150' and probably less than 40'. We would instruct them to
follow Sediment and Erosion control requirements. Is there anything else that they would need to work with the
COE for this proposal? I have left an email with Kevin Barnett, NCDWQ to keep him informed also.
Thanks for your help — and if someone else is now doing the Buncombe County projects, please forward this
inquiry to them. I appreciate it.
Barbara Wiggins, CLM
Fish and Wildlife Associates
PO Box 241 f�
Whittier, NC 28789
828-497-6505
fwa(acr�dnet.net
Asheville Office:
828-254-5644
Cell phone [phone]
bswin ins a,bellsouth.net
��i
011
2�
m
G

Wilson, Susan A
From:
Barnett, Kevin
Sent:
Monday, August 02, 2010 7:23 PM
To:
Wilson, -Susan A
Cc:
Barbara Wiggins
Subject:
RE: Question on installing pier for Cane Creek Elementary School in Buncome County
Hi Susan:
This is regarding Buncombe County Schools.
Thanks,
Kevin
From: Barbara Wiggins [bswiggins@bel[south.net]
Sent: Monday, August 02, 2010 4:27 PM
To: Barnett, Kevin
Subject: RE: Question on installing pier for Cane Creek Elementary School in Buncome County
Kevin- I talked with Tasha McCormick today — if we can get the pier installed using pilings that are
pounded/pushed into the stream bed, then no permit will be required from the Corp. If there is digging, then it
looks like she will use NWP 18. And we are all assuming no wetlands will be impacted by this construction
and minimal stream length.
What do you need for DWQ for the pier installation? Anything if we go with no dig piling installation?
Once I have your response, then I will be able to direct the Buncombe County School system to the least
invasive process/project. And will let you know if we need to go with a NWP 18.
Thanks. Barbara
From: Barnett, Kevin[mailto:[e-mail]]
Sent: Monday, July 19, 2010 12:25 PM
To: Barbara Wiggins; [e-mail]
Cc: Wilson, Susan A; McCormick, .Tasha L SAW
Subject: RE: Question on installing pier for Cane Creek Elementary School in Buncome County
Hi Barbara:
I have forwarded the original e-mail to Susan Wilson in our office -to address you initial question.
s
The threshold for permitting depends (hinges) on which NW permit is issued for the activity. As soon as Susan knows
which NW applies, she can get you an answer on whether a written 401 is necessary.
Tasha McCormick (I believe) is your corps contact for -Buncombe and I have cc'ed her as well.
Thanks, 3OL pSa �
Kevin `-' � � ����

FROM : RiverLink FAX NO. : e2e-253-6546 May. 10 2002 11:31AM P2
d7:18/dl VU 14:05 FAX �'4Va. -
U.S, ARMY CORPS OF ENGMERS
WILMINGTON DISTRXT
Actzoa id. 200130645 twnty Dnucombe
GENRRAL PERMIT (REGIONAL AND NATIONWIDE) VERMCAT10N
propuw owner: Metropolitan Sewerage DistAct of Bwxombe Co=l
Attar Tom Hartge,P.E., GenwW MlaW C CCAaarm-. 2008 Riverdds Drive D7_-�D
Asheville, North Carolina 28W ,
TtlepW= No.: (828)225=1
$in and L c4bon of pwjgd (per ', load name/mxnber, tows, tom.): The Swannasloa River, Fiat Creek
and tributaries thereof from Grassy Branch to Ridgeermt and Montra t, NC, esseatislly
fcrllawimS sway 70, Interstate 40, and i Otway 9.
DooWpike of Ptc& ty: to emoruct nummus subaqueous sewer be crosdW of the Swannwa
River, Fiat Creek, and tributaries In conJunetka with the camtruedUll of the Phat9e II,
Section 2 and 3 North Swaumoa Sewer proms. The gWect is tO rePkn sever Ilnes dating
back to the 1920' which me severely dewrtarated and subject to A-equent ova lows. T roject
orlonslly authorized 616t94 and has subsequently exphW)-
AppFaable LAW: %5ecdass 4D4 (Clean WatwAct, 33 ti.s-C.t344),
(check all that ugly) Sedou 10 (River and Harbor Act of 109).
Aud=izaciom _ Resioeel. General Put A Nmbrr.
12 Na6mwido Permit N;Wbnr.
Your work is nuthorwDd by this Rq Owl E cwml (RO P) a Nadu villa pacmit (QWP) ptaykW it is wpMlisksd in at&;t
=Ud=e with the aWbcd Conditions Cad your submitted pleas, wd thous eondhims outlined 11 the ori&ai Apt 1;l,
t994 NC riYi7oiM Resoulm Commia" letter. if your ataivity is sub* to Section 464 (if Section 404 black above'ie
dweaked), before bepinmS WO& Ym mast 0o receive a Section 4l31 water quay ceA&Ad t► from the N.C. Misim of
Rater Quality. Woo= [phone].
?least stud and mrrfully c mply vAth do mmohcd cx xhli = of the RGP or NWP. Any Vio mim of tho aondldone of 110
Rep or the NWP roh mead above may ssubjvA the permiitee to a stop work ordtr. 5 mbn-4oa w*r, and/or apptmiaa
1e94 actiou. -
nb fitment of the Army ROP or NW? verlteatlan dM nor relieve lire permUM of the ra6portsibiI4 tP obtain any
bluer rcm&cd Fodstnl. State, or Iced apyrw a wpeml s. The permim may need W ea OAO appropriate State and lnad
agencies before beVnmM& work.
If there are =y q wmk ms oprdiag tills m dtotizatiom or My Of the Go¢ditibac of tare Gtwnl Putt or Nattonwido Permit,
pimw cout2zt the Cbrp Actda=y t7fciai g3wlfcd W13W.
Data -gm —lot .
Cncps Resula=y Ofl GW David Bakes 'Telephone Na- MJ MAMOR
rxptarmioa EWe of 4Veri8ea0M4126/03
SMWEY FLATS! FMZ SKETCH, WETLAND DMINRATION FORMS, pROJECT PLANS, ETC., MUST
BE ATTAGlEW TO THE YELLOW M.>Ei COPY OP THIS FORM, IF REQURM OR AV'AHABLE,

FROM : RiverLink FAX NO. : 82e-253-6846 May. 10 2002 11:31AM P3
07/16/01 WED 14:06 FAQ. L+.]uuj-uuu
SUCXAL CONDITIONS:
a. pipel'uaelutility line constructiou through. jurisdictional waters and wedapds W& l5a
a,cconvisw utilising directional ddm glbarin$ methods to the nwimurrn extent pracdc&0-
b. The temporary discbmge of excavated or 8ll mate W in waters or wvlsads will be for the
absolute mbftum period OfthO necessary to accomplish thr,
be R* aatstained witb gptopraate erasion oont mycontaittmeni methods or otherwise such fills
will consist of non-emdabb matdrials,
e. The areas of waters of the U.S. that are distabed will be limited to the mimim= mcmery to
kmtaU the vtfty line. The weak areaauthorized by this permit, inaumg tetVarary access
roadways and parcxtaaaart his w% be m1kni ed to the greatcat extent practicable. Wo* corridors
(i.e. cleared arcs) w>?1 gm=lly not =wed inty (40) feet wxkss specfficaily auihori-zed by the
Disulct Ergiteer.
rust &anon for i=eased condor width will be used on pip®line this cr and .length, size of equipment
required to oonstruct tiro utility litre and other construction iffonnabou deemed necessary to support the
request. The applicant is reamed to provide this infiarmation with the initial noffiication package-
d. TemporM access roadways will rant span more tbm coe-half way across auy waters or wetlands at
any one time.
a. The permitte a must perform the work authadzed heroim in a umuner so as to minimbo any
degradation of water quality.
f. A plan to restore and revegatate wetand arm olsared for constriction must be submitted with
the required pre-eonstruotion notification. Cleared wetland areas will be mv'egetated to the
r„ r,nrn eAwt practicable with native species of canopy, shruh and herbaceous species, Fescue
grass will not be utU!=d.
tiara

FROM : RiverLink FRX NO. 028-253-6846 May. 10 2002 11:32AM P4
(1 �18/01 WED la 8b FAI L61uue%uuu
+
Qf ;•u �� Mlcneel F. Esdley
Gov=T
WURam G. Rosa, Secretary
1 Department of Environmwt eta Natuml Resources
KarrT 8tovehs
b,<, • . Dlvlston of Water Qaality
May 23, 2D01
Buncombe County
DWQ Project # 010517
APPROVAL of 401 WaUr 4ualky Ceftcation
William P. Conner, Project Manager
Metropolitan Sewer Dlstrlct of Buncombe County
Post Ofte Box 8859
Asheville, NO 28814
[fear Mr. Connor,
You have our approval, in accordance with the ahaahad conclitlons, to place 00 material In waters for
the purpose of constructing a sewer line along 3wannanoa River and Flat Crook as you described in your
appiloetion dated March 2Z 2001 (completa application received April 6, 2001). After reviewing your
application, we have decided that this fill Is covered by general Water Quality Cerdfloatlon Number 3288.
This C6rti lion allows you to use Nationwide Permit Number 12 when the Corps of Engineers issues It.
in addition, you should get any other federal, suite or iooei permits before you g0 atlead with your project
including (but mot limited to) Sediment and Erosion Control, Coastal Stcrmweter, Non -Discharge mid
Water Supply Watershed regulations Also thlt approval will explfe when the sccompanyIng 404 or
LAMA permit expires unless otherwlts speolfiod in the Onneml Certiflation.
This approval is o0l valid for the purpose end design that you described in your application. If you
change your project,, you must notify us and send us a now sppilralton. if the property is sold, the now
owner must be given a copy of this Carlihostion and approval latter and is thereby respanabla for
complying with all conditions, If total wetland tills for this projaot (now or in the future) exceed one acre,
compensatory mitigation may be required = described in 15A NCAC 21i .0506 (h). For this approval to
be valid, you must follow the conditions listed In the attached oertttlCallon. This approval shag expire when
the corresponding Nationwide Par nit expires or as olhervAse provided In the General Certification,
If you do not accept ony of the conditions of this oert miion, you may ask for an adjudloatoty
hearing. You must sot within 80 days of the date that you receive Iftis leffor. To ask fora ,rearing, sonde
written patilion which conforms to Chapter 1548 of the North Carolina General Mutes to the Office of
Administrative Hearings, 15,0. box 27447, Raleigh, N,C, 27511-7447, This certil'icstion grid its conditions
are final and binding unless you ask for a hearing.
This letter oampleles the review of the Division of Water Quality under SoMon 401 of the Clean
Water Act if you have any question$, please feiaphane Jahn Donley at 919-733-1786,
Sincerely,
Steven
Attachment
cc, Corps of Engineers Athfiville Field Office
Asheville DWQ Regional office
File Copy
Central Files
pivialan of water mamuty 1= Mau Service contor Aalegh, NC 27086-1(ft
Wetland%/401 unn! (9f9)73345793
.@%. [f71>)) 733.66G3

FROM : RiverLink
` 07 / 18 i 01 SPED 14: 06 VAX
FAX NO. : 828-253-6946 May. 10 2002 11:32AM P5
t1•ry o...
E ORTH CaROLINA DEPARTMENT OF
ENVIPtONMENT ANO NAVUFtAL ftSOURIMES
A9;H19v11.1,r R96110lNAL OFFICE
LETTER OF APPROVAL
October 12, 2R40
W. H. Mull
M.S,O. of Buncombe County
P. O, Box 8969
Asheville, NC 28814
This office has reviewed the erosion and sedimentation control plan submitted For the project
listed below. We find the plan to be acceptable and hereby issue this Letter of Approval with
modifications and/or performance reservations. A list of the rnodifications required and/or
reservations is attached. This approval is conditioned upon the incorporation or addition of
these items to the plan. Please be advised thatTitle 15A, North Carolina Administrative Code
4B.0017(s), raquires that a copy of the approved soil erosion cormol plan be on file at the job
site. Aiso, you should considerthis letter to give the Notice required by NC05 9113Ar61 (d) of
our right of periodic inspection to ensure compliance with the approved plan. This plan
approval shall expire three (3) years following the date of apprvv,al, if no land -disturbing activity
has been undertaken, as is required by Title 1SA NCAC 4B.0029.
The State's Sedimentation Pollution Control Program is a neriiormance-oriented program
requiring protection of the natural resources and adjoining properties. If, frillowing
commencement of this project, it is determined that the plan 15 inadequate to meet the
requirements of NCGS 4113A 5 i to 66, this office may require revisions to the plan and
implementation of the revisions to ensure compliance with the Act. Acceptance and approval
of this plan Is conditioned upon your compliance with federal and state water quality laws,
regulations, and rules. In addition, local city or county ordinances for rules may also apply to
this land -disturbing activity. This approval does pot supersede any Miler permit or approval.
Please note that this approval is based in part on the accuracy of the information provided in the
Flnanciai Responsibility Form which you have provided. You are requested to file an amended
form if there is any change in the information included on the form. No person shall initiate a
land -disturbing activity before notifying the agency that issued the plan approval of the date
that the lan"Istnrbing activity will begin. Thank you fCr your cooperations
Sincerely,
Michael R. Goodson, CPE5C
Asst Reglonal Engineer
MRG;a
Enclosure
Project name: N. 5wanrmnoa Sewer Ph. 11 Sec. 3 River Basin: French Broad
ID *: BUNCO-2001-005 stream Classification: C
Date received) IO/3l00
.New submittal (} Revision (✓)
IMY&11C11APIOC 6u•iDxwik, 1dB WoopK,e! GLwzE. A'FTISVILLC, PIORTH CARQL2NA;188o1
pwnw1L112xck81-0208 MAX OW-2-57-RASP
AN VQUAL opponJUXITY I AFFIRMATIVE ACTION rMPLOVER-5" ROCYCLEW10%MIT-C'ONRU MBA P"ER

FROM : RiverLink FAX NO. : 820-253-6846
07 18 / 01 SPED 14 : 07 FAI
May. 10 2002 11:33AM P6
41i11)b/UL+13
Project Narne: N, 5wannanca Sewer, Ph. ll, Section 3
Project ID #: BUNCO-2001-005
MODIFICATLONS
n
N&: Approval is conditioned upon the incorporation or addition of these modifications to the plan. If these
modifcations ara not (ncludgwi It -the construLdon site, the site will be in violation
of the Sedimenlaltion Pollution Control Art of 1973, (NCGS 9113A•61(d)1
��■ III�IIIII 1111 COI -- _ �
Re➢nfoNed stabilized outlM must be installed in the silt Pence 1S Shown on the ettaehed
detalls.

MAY-8-2002 07:51 FROM: M-WETLANDS 9197336393
TO:88282516452 P:2/2
y�r Mich-401 F. Easley
Governor
5r t W1mam G. Ross, secretary
:�. • �;c &; �.r 3,,;; ° ; Department of Environment and Natural Resourop9
z• 'S Kerr T. Stevens
"'3 Division of Water Quality
May 23, 2001
Buncombe County
APPROVAL of 401 Water duality Certification DWQ Project # 010517
William P. Conner, Project Manager
Metropolitan Sewer District of Buncombe County
Post Office Box 8960
Asheville, NC 28814
Dear Mr, Conner:
You have our approval, in accordance with the attached conditions, to place fill material in waters for
fhe Purpose of constructing a sewer line along Swannanon River and Flat Creek, as you described in your
application dated March 23, 2001 (complete application received April 6, 2001). After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number 3288.
This Certification allows you to use Nationwide Permit Number 12 when the Corps of Engineers issues it
In addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non -Discharge and
Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and send us a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions, If total wetland fills for this project (now or in the future) exceed one acre,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h), For this approval to
be valid, you must follow the conditions listed in the attached certification. This approval shall expire when
the corresponding Nationwide Permit expires or as otherwise provided in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition whloh conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing,
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
. Steven
Attachment 4
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File Copy
Central Files
7
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27899-165o
Wetlandsl4al Unit; (919) 733-17a$
Fax:[phone]

07/16/01 WED 14:05 t•Ai
U.S. ,ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200130645
Comty Buncombe
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Metropolitan Sewerage District of Buncombe Count,
Attn: Tom Hartye,P.E., General Manager
Addrew: 2008 Riverside Drive CCC
^ C
Asheville, North Carolina 28W ,
T&phane No.: (828)2254201
Sian and Location of project (water body, road name/ntmber, town, eu.): The Swannaaoa River, Fiat Creek
and txibutaxies thereof from Grassy Branch to and Montreat, NC, essentially
following Highway 70, Interstate 40, and Highway 9.
Des qA= of Act vq: to construct numerous subaqueous sewer Yne crosidngs of the Swannanoa
River, Flat Creek,' and tributaries In conjunction with the construction of the Phan H,
Section 2 and 3 North Swannanoa Sewer project. The project Is to replace sewer lines dating
back to the 1920' which an severely deteriorated and subject to frequent overflows. (Projed
originally authorized 516/94 and has subsequently expired).
Applicable Law: X Sectim 404 (Clean Water Ad, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Au of 1899).
Authorization: Regional General Permit Number.
12 Nationwide Permit Number.
Your work is autho&4d by this Regional General (RM cc Nationwide Permit (NWP) provided it is accomplished in edc.t
accomUnce vith dx audxd conditions and your submitted plans, and tboae condltiona ontaued is the original April V,
1994 NC Wil M Resources Commission letter: If your activity is subject to Section 404 (if Section 404 blodc above is
checked), before beginning imik you mast also receive a Section 401 water quality ccrti mtioa from the N.C, Division of
Water Quality, Wephone [phone].' -
Piease read and carddly comply with the =adbed conditions of the RGP or NWP. Any vioiadon of the conditions of tie
RGP or the NWP referenced above may subject the petmince to a stop work order, it roomation order, and/or appropria x
legal action.
This Departtttent of the Amy RGP or NWP verification does not relieve the permime of the responsibility to obtain my
other inquired FederoL State. or local wprwaWpermits. The permitme may need to contact appropriate State and loot
agencies before beginning work.
If there are any questions regarding this Awhorization or any of the conditim of the Gwieral Permit or Nationwide Permit,
please contact the Carps Regulatory Official specified below.
Date 4/26101
Corps Regulatory Official David Baker Telephone No: (M) 2714856
xxpint ** Date of veria=t;w 4/26/03 -
SURVEY PLATS, FIEF SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACfflW, 0 THE YELLOW (FME) COPY OF THIS FORM, IF REQUDItD.OR AVAILABLE.

07/16/01 WED 14:05 FAi W-J.V"' -
SPECLAL CONDITIONS: .
a. Pipelinclutility line construction through jurisdictional waters and wetlands will be
accomplished utilizing directional drilling/boring methods to the maximum extent practicable,
b. The temporary discharge of excavated or fill material in waters or wetlands will be far the
absolute minimum period of time necessary to accomplish the work Temporary discharges will
be folly contained with appropriate erosion oontrol/contaiament methods or otherwise such fills
will consist of non erodable materials,
c. The areas of waters of the U.S. that are disturbed will be limited to the minimum necessary to
install the utility lime. The work area authorized by this permit, including temporary access
roadways and perrna =t fills will be minimized to the greatest extent practicable. Work corridors
(i.e. cleared area) will generally not exceed forty (40) feet unless specifically authorized by the
bistrict Engineer.
Justification for increased corridor width mnU be based. on pipeline diameter and length, size of equipment
requited to construct the utdity lime and other construction information deemed necessary to support the
request. The applicant is required to provide this information with the initial notification package.
I Temporary access roadways will not span more than ona-half way across any waters or wetlands at
any one time.
e: The permittee must perfbrtn the work authorized herein in a manner so as to minimize an
degradation of water quality.
f. A plan to restore and revegetate wetland areas cleared for construction must be submitted with
the required pre -construction notification. Cleared wetland areas will be revegetated to the
maximum extent practicable with native species of canopy, shrub, and herbaceous species, Fescue
grass will not be utilized.
tion.

NJ
I FJUL ® 5 2001
n. rani,_ CCC I,,.!
Tom Hartye
Metropolitan Sewerage District of Buncombe County
P.O. Box 8969
Asheville, NC, 28814
APPROVAL of 401 Water Quality Certification
Dear Mr. Hartye::
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
June 28, 2001
DWQ# 01-0866
Buncombe County
You have our approval, in accordance with the attached conditions, to cross the Swannanoa River in order to install a
sewerline associated with the City of Asheville Master Plan Projects in Buncombe County, as described in application
materials received by the Division of Water Quality on June 8, 2001. After reviewing your application, we have decided that
this work is covered by General Water Quality Certification Number 3288, which can be downloaded from our web site at
http://h2o.enr.state.nc.us/ncwetlands . This Certification allows to use Nationwide Permit Number 12 when the Corps of
Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non -Discharge and Water Supply
Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise
specified in the General Certification. This Certification replaces the one issued to you on June 14, 2001.
This approval is only valid for the purpose and design that you described in your application. ; If.you change your,
project, you must notify us and you may be required to send us a new application for a new certification.. If the property is
sold, the new owner must be gben a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions. If total wetl nd fills for this project (now or in the future) exceed one acre, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the cohditions listed in
the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Cyndi Karoly at 919-733-9721 or Mike Parker in our Asheville Regional Office at 828-251-
6208.
Sincerely,
r .Stevens
Attachment
cc: Corps of Engineers Asheville Regulatory Field Office
CAslxevilleDQ Regional-- ffice,
File Copy
Central Files
Michael Apke, McGill & Associates, P.O. Box 2259, Asheville, NC, 28802
Bill Conner, P.O. Box 8969, Asheville, NC, 28814
010866
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
nin - 470C /..L.. --N nin -1 o corn /f....\ L. N... /n..n.. ............. ....... b.r.u.r.H.. rrJ..l

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
APPROVAL of 401 Water Quality Certification
Metropolitan Sewerage District of Buncombe County
c/o W. H. Mull
PU Box 8969
Asheville, NC .28814
Dear Sirs:
boom
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 26, 2000
Buncombe Coui
DWQ Project #
You have our approval, in accordance with the attached conditions, to temporarily impact 0.013 acres of
wetlands in Buncombe County for the purpose of sewer line replacement, as you described in your application
received by the Division of Water Quality on April 24, 2000. After reviewing your application, we have
determined that this action is covered by General Weer Quality Certification Number 3101. This Certification
allows you to use Nationwide Permit Number 12 when issued by the U.S. Army Corps of Engineers. In addition,
you should get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Non -Discharge and Water Supply Watershed regulations. Also this
approval will expire when the accompanying 404 permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application except as modified
below. If you change your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be
valid, you must follow the conditions listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings. P.O. Box 27447, Raleigh,
N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone John Dorney at 919-733-9646.
Si rely,
'1'Steven
Attachment
cc: Corps of Engineers Asheville Field Office
.&heville DWQ Regional Office
File Copy
Central Files 000557
Division of Water Quality Non -Discharge Branch
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
http://h2o.enr,state.nc.us/wetiandc.html

Michael F. Easley
Governor
� : s; !,� � ��� ., ;, r• William G. Ross, Jr., Secretary
„• :. cif,„< a-���`a �4 Department of Environment and Natural Resources
•r ,
t. Kerr T. Stevens
Division of Water Quality
June 14, 2001
DWQ# 01-0856
Buncombe County
root o z Nnr
Metropolitan Sewerage District of Buncombe County
Post Office Box 8969
Asheville, NC 2.8814 ?
APPROVAL of 401 Water Quality Certification !y
Dear Sirs
You have our approval, in accordance with the attached conditions, to construct a sewer line across Sweeten Creek
in Buncombe County, as described in revised application materials received by the Division of Water Quality on June 6,
2001. After reviewing your application, we have decided that this work is covered by General Water Quality Certification
Number 3288, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands. This Certification
allows to use Nationwide Permit Number 12 when the Corps of Engineers issues it. In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Coastal Stormwater, Non -Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application for a new certification. If the property is
sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions
listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone John Dorney at 919-733-9646.
Sincerely,
C,y �a-t+
Kerr T. Stevens - - - - - - - -
Attachment
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
File Copy
Central Files
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321_Crabtree Blvd., Raleigh, NC 27604-2260 (Location)

Metropolitan Sewerage District of Buncombe County
Post Office Box 8969
Asheville, NC 28814
APPROVAL of 401 Water Quality Certification
Dear Sirs
Michael F. Easley
Govemor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
June 14, 2001
DWQ# 01-0866
JUN ! Buncombe County
202001 p
You have our approval, in accordance with the attached conditions, to construct a sewer line across Savannah River
in Buncombe County, as described in revised application materials received by the Division of Water Quality on June 8,
2001. After reviewing your application, we have decided that this work is covered by General Water Quality- Certification
Number 3288, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands. This Certification
allows to use Nationwide Permit Number 12 when the Corps of Engineers issues it. In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Coastal' Stormwater, Non -Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application for a new certification. If the property is
sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions
listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone John Domey at 919-733-9646.
Sincerely, /
- - - - err T. Stevens - - - - - - - - -
Attachment
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office -
File Copy
Central Files
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1 1650 Mail Service Center, Raleigh, NC 276991650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)

Michael F. Easley
Governor
William G. Ross, Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Qualitv
May 23, 2001
Buncombe County
DWQ Project # 010517
APPROVAL of 401 Water Quality Certification
it ,+ _-.I''
William P. Conner, Project Manager
Metropolitan Sewer District of Buncombe County J " MAY 31 2001
Post Office Box 8969
Asheville, NC 28814
Dear Mr. Conner:
You have our approval, in accordance with the attached conditions, to place fill material in waters for
the purpose of constructing a sewer line along Swannanoa River and Flat Creek, as you described in your
application dated March 23, 2001 (complete application received April 6, 2001). After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number 3288..
This Certification allows you to use Nationwide Permit Number 12 when the Corps of Engineers issues it.
In addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non -Discharge and
Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and send us a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre;
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to
be valid, you must follow the conditions listed in the attached certification. This approval shall expire when
the corresponding Nationwide Permit expires or as otherwise provided in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, ,Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
Stevens
Attachment
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office.
File Copy
Central Files
MOT
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Q Wetlands/401 Unit: [phone]
Fax: [phone]

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
MEMO
TO:
FROM:
RE:
1 • �
A00" We
N C
NORTH CAF
ENVIRONMENT
June 15, 2000
Regional Wetland Contacts
1Ahetlands/401 Unit staff
John Dorn j
New and Re ' ed Gene al` Certifications — Major changes
Effective June 1, 2000 Tommy signed new General Certifications. A copy of
these are attached for- your use and review. The major changes are outlined below. If
changes are not major (for instance the Certification for Nationwide Permit 12 only had
minor changes), I have enclosed the new Certification but not listed it below. If you think
a one-half day training/discussion session would be helpful to help you understand
these new Certifications, please call me at 919-733-9646 and if there is enough interest,
I will set up a meeting as soon as possible (tough given summer schedules).
A. Road Crossings (Nationwide 14):
*Applications required in all cases
4Stream relocation plan required when appropriate
4Neuse/Tar-Pamlico/Randleman buffer rules require application unless
activity is exempt.
+Floodplain crossings must have additional culverts to allow flood
passage
.-Certification of Completeness Form mailed with Certification and must.
be returned when project complete
B. Development Projects (Nationwide 39, 41,42,43, and 44):
4 These Nationwide Permits basically replace Nationwide Permit 26.
+ One-third acre of wetland and 150 linear feet of stream are still
application thresholds except for Unique Wetland and in basins with
buffer rules.
4 A site -specific stormwater mangement plan is required when imprevious
surfaces exceed 30%..This will require stormwater management from
most new apartment complexes and condos in addition to the traditional
commerical, industrial and institutional development.
4 In 303(d) waters, NSW, WS, TR, HWQ and ORW, extended detention
wetlands are required when stormwater mangement is needed (see
above). A dry basin with buffer will also be sufficient.
4 Compensatory stream mitigation (broadly defined as per the new policy
signed by Tommy) is required at a 1:1 ratio for all stream impacts greater
than 150 linear feet in ORW, HWQ, Tr, WS-1 and WS-11 watersheds.
Non -Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 21669-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper

• Fcrr projects with stream relocation, a plan must be submitted with the
application. 50 foot wooded buffers are preferred.
• Floodplain crossings must have additional culverts to allow flood passage
+Certification of Completeness Form mailed with, Certification and must be
returned when project complete. . -
C. Changes to All General Certifications:
+ Neuse/Tar-Pamlico/Randleman buffer rules require application unless
activity is exempt.
.4 If a SEPA Document is required, then any water quality related conditions
of the FONSI or ROD are automatically 401 Conditions.
Cc: Dennis Ramsey
Coleen Sullins
Ron Ferrell -

GENERAL-CERTMCATION FOR PROJECTS ELIGIBLE FOR CORPS OF
ENGINEERS NATIONWIDE PERMIT NUMBERS 3 (MAINTENANCE).
4 (FISH AND WILDLIFE HARVESTING DEVICES AND ACTIVITIES).
5 (SCIENTIFIC MEASUREMENT DEVICES). 6 (SURVEY ACTIVITIES).
20-(OIL
CLEANUP). 22 (REMOVAL OF VESSELS), 25 (STRUCTURAL DISCHARGE).
30(MOIST SOIL MANAGEMENT FOR WILDLIFE). 32 (COMPLETED
,ENFORCEMENT ACTIONS). 36 (BOAT RAIMTS (IN NONWETLAND SITESl).
REGIONAL PERMIT 197800056 (PIERS. DOCKS AND BOATHOUSES) AND
REGIONAL PERMIT 197800125 (BOAT RAMPS)
'AND NEUSEPTAR-PAINMICO/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 (DWQ) Regulations in 15 NCAC 2H, Section
.0500 and 15 NCAC 2B .0200 for the discharge of fill material to waters and wetland
areas which are waters of the United States as described in 33-CFR 330 Appendix A (B)
(3, 4, 5, 6, 7, 19, 20, 22, 25, 30, 32, and 36) of the Corps of Engineers regulations and
Regional Permits 197800056 and 19780125 and for the Neuse, Tar -Pamlico and
Randleman Buffer Rules (15A NCAC 2B .0233, .0259 and .0250). This Certification
replaces Certification Number 2745 issued on January 21, 1992, Water Quality
Certification Numbers 3026 and 3027 issued on September 6, 1995, and Certification
Number 3127 issued on -February 11, 1997. This WQC is rescinded when the Corps of
Engineers re -authorizes any of these Nationwide or Regional Permits or when deemed
appropriate by the Director of the Division of Water Quality.
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. These activities do not require written concurrence from the Division of Water
Quality as long as they comply with all conditions of this General Certification.
Any condition in this Certification which the applicant believes cannot be met
requires an application and written concurrence from DWQ;
2. 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;

3. All sediment and erosion control measures placed in wetlands or waters shall be removed
and the natural grade restored within two months after the Division of Land Resources has
released the project;
4. 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;
5. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
6. Access roads constructed for any of these permits shall be constructed so as to
minimiTe wetland fill as much as is practicable and shall be restored to grade
immediately after the project is completed. The site shall be re -vegetated with native
species and should be completed within three months following construction or before
initiation of the next growing season;
7. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for
written concurrence for a 401 Water Quality Certification must include the appropriate
fee. If a project also requires a CALLA Permit, one payment to both agencies shall be
submitted and will be the higher of the tw6 fees;
8. 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, 15A
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;
9. 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 FNMA -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;
2

10. Additional site -specific conditions may be added to projects for which written
concurrence is required or requested under this Certification in order to ensure
compliance with all applicable water quality and::effluprit standards;.
11. 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 these corresponding Nationwide and Regioanl
General Permits, whichever is sooner,
12. 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 project shall result in revocation of this 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 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: 1 June 2000
DIVISION OF WATER QUALITY
I:
Kerr T: Stevens
Director
W QC # 3290.

UTILITY LINE BACKFILL AND BEDDING CERTIFICATION
GENERAL CERTIFICATION FOR PROTECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 12 OW
REGIONAL PERMIT 198100049 (U LITY LINE BACKFILVAND BEDDING) 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 (DWQ) 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) (12) and General Permit No. 198100049 of the Corps of Engineers regulations
(i.e., including any fill activity for utility line backfill and bedding) 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 2664 issued on January 21,
1992, Water Quality Certification Number 3022 issued on September 6, 1995, and Water Quality
Certification (WQC) Number 3101 issued on February 11, 1997. This WQC is rescinded when
the Corps of Engineers reauthorize Nationwide 12 or Regional Permit 198100049 or when
deemed appropriate by the Director of the Division of Water Quality.
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:
Activities covered by this General Certification do not require written concurrence from the
Division of Water Quality as long as they comply with all conditions of
this General Certification and the conditions of Nationwide 12 or Regional Permit
198100049 as appropriate. Any condition in this Certification which the applicant believes cannot
be met requires an application and written concurrence from DWQ. Also, Condition No. 6 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 for a 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;
3. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for stream
and/or wetland impacts. Streamside 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 concurrences
including those for relevant Buffer Rules;
4. The edge of the construction corridor shall not be installed parallel to and closer than 10
feet (3 meters) to a stream. Utility lines shall not cross a stream channel at other than a
near -perpendicular direction (i.e., stream channel crossings shall not be at an angle of less
than 75 degrees or more than 105 degrees to the stream bank);
5. Any wastewater line that crosses any stream shown on the most recent version of

the 1:24,000 USGS topographic map or NRCS (SCS) County Soil Survey as permanent or
intermittent shall be installed with no joints connected within the footprint of a stream
channel or within 2 feet of the stream banks. Otherwise, written concurrence from DWQ
is required;
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, 15A
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, Tar -Pamlico and Randleman 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. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
8. Herbicides can be applied in wetlands or other waters only when applied by a certified
applicator, and in strict accordance with product labeling;
9. Placement of rip. rap is restricted to the stream bottom and banks directly impacted
by the placement of the utility line. Rip rap may only be used below the normal high
water level. The stream berm must berestored to the original contour after construction.
Placement of rip rap or other materials shall not result in de -stabilization of the, stream bed
or banks upstream of downstream of the crossing; ,
10. 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;
11. All sediment and•erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored', within two months after the Division of Land
Resources has released the project;
12. Annual species suitable for wet locations shall be planted and established within
jurisdictional wetlands for soil and erosion control. Perennials such as fescue are
prohibited;
13. No fertilizer shall be applied within 10 feet (3 meters) of streams;
14. The construction corridor (including access roads and stockpiling of materials) is..
limited to 40 •feet (12.2 meters) in width in wetlands and across stream channels and must
be minimized to the maximum extent practicable;

15. Permanent, maintained access corridors shall be restricted to the minimum width
practicable and shall not exceed 10 feet (3 meters) in width except at manhole
locations. A 10 feet (3 meters) by 10 feet (3 meters) perpendicular vehicle turnaround
must be spaced at least 500 feet (152.4 meters) apart. Written cooncurrence is required if
the maintenance corridor is greater than 10 feet (3 meters) wide except that a
maintenance corridor larger than ten feet is acceptable for gas pipelines as long as
mitigation is provided for additional wetland fills to the maintenance corridor beyond
those widths specified in this General Certification;
16. An anti -seep collar shall be placed at the downstream (utility line gradient) wetland
boundary and every 150 feet (45.7 meters) up the gradient until the utility exits the
wetland for buried utility lines. Anti -seep collars may be constructed with class B
concrete, compacted clay, PVC pipe, or metal collars. Wetland- crossings that are
directionally drilled, and perpendicular wetland crossings that are open cut end less than
150 feet (45.7 meters) long do not require anti -seep collars. The compacted clay shall
have a specific discharge of 1 X 10- 5 cm/sec or less. A section and plan view diagram is
attached for the and -seep collars;
The following specifications shall apply to class B concrete:
a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0
b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5
c) Maximum water -cement ratio gallons per sack 6.8
d) Slump range 2" to 4"
e) Minimum strength - 28 day psi 2,500
17. This General Certification does not authorize any permanent changes in pre -construction
elevation contours in waters or wetlands or stream dimension, pattern or profile. The
permittee will have a specific plan for restoring wetland contours. Any excess material
will be removed to a high ground disposal area;
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. Stormwater management will not be required for this Certification as long as all other
Conditions are met. However, in the twenty coastal counties, the appropriate DWQ
Regional Office must be contacted to determine if Coastal Stormwater Regulations still
apply;
20. Compensatory mitigation (i.e., restoration, creation or preservation) for wetland
losses will not be required for this Certification if written concurrence is not
needed;
21. Payment of a dolar per acre figure into the Wetland Restoration Program for
these impacts is acceptable when compensatory mitigation is required as long as the
Wetlands Restoration Program agrees in writing to accept this payment. Other mitigation
plans must receive written DWQ concurrence;

22. This Certification does not relieve the applicant of the responsibility to obtain all
other required Federal, State or local approvals;
23. Additional site -specific conditions may be added to projects for which written
concurrence is required or requested under. this Certification: in order to ensure
compliance with all applicable water quality and effluent standards;
24. 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 12 or Regional Permit 198100049
whichever is sooner;
25. 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
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 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.
WQC # 3288
Effective date: - 1 June 2000
DIVISION OF WATER QUALITY
Kerr T. Stevens
Director
4

. ROAD CROSSING CERTIFICATION
PAINMICO/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 (DWQ) 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) (14) of the Corps of Engineers regulations (i.e., Nationwide Permit No. 14 and
Regional General Permit 198200031) and for the Neuse, Tar -Pamlico and Randleman Buffer
Rules (15A NCAC 2B .0233, .0259 and .0250). The category of activities shall include any ful
activity for road crossing and is limited to fill less than one-third of an acre. This Certification
replaces Water Quality Certification Number 2177 issued on November 5, 1987,_ Water Quality
Certification Number 2666 issued on January 21, 1992, Water Quality Certification Number 2732
issued on May 1, 1992 and Water Quality Certification Number 3103 issued on February 11,
1997. This WQC is rescinded when the Corps of Engineers re -authorizes Nationwide Permit 14
or Regional General Permit 198200031 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 donducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Proposed fill or substantial modification of wetlands or waters (including streams) under this
General Certification requires application to and prior written concurrence from the Division of
Water Quality;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for a 401 Water Quality Certification must include the appropriate fee.
If a project also requires a CAVMA Permit, one payment to both agencies shall be
submitted and will be the higher of the two fees;
In accordance with 15A NCAC 2H .0506 (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 for any Certification for this Nationwide Permit. The most
current design and monitoring protocols from DWQ shall be followed and written plans submitted
for DWQ approval as required in those protocols;
4. For any project involving a stream re -alignment, a stream relocation plan must be included with the
401 application for written DWQ approval. Relocated stream designs should include the same
dimensions, patterns and profiles as the existing channel, 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 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 coir fiber and seedling establishment is allowable. Also, rip -rap
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 requested. If suitable stream mitigation is not practical on -site,
then stream impact will need to be mitigated elsewhere;
5. Impacts to any stream length in the Neuse, Tar -Pamlico. and`Randleman River Basins
requires written concurrence from DWQ in accordance with 15`A NCAC 2B.0233, 15A
NCAC 2B .0259 and .0250 and 15A NCAC 2H .0500. New development activities
located in the protected 50400t wide riparian areas (whether jurisdictional wetlands or not)
within the Neuse, Tar -Pamlico and Randleman 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;
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 FEMA-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;
7. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that allowed under other General Certifications.
Deed restrictions must be placed on the remaining wetlands and streams on these lots to
restrict future wetland and stream fill. DWQ shall be sent copies of all deed restrictions
applied to these lots;
8. 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 DEAR
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;
9. All sediment and'erosion control measures placed in wetlands or waters shall be removed
and the natural grade restored within two months after the Division of Land Resources has
released the project;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
2

11. This Certification shall be,utilized for roads from natural high ground to natural high
ground. The Certification for Nationwide Permit 18 may not be used in conjunction with
this Certification to create high ground for road access;
12. If an environmental document is required, this Certification is `not valid until a Finding of
No Significant 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;
13. That additional site -specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
14. 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;
15. 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 14 and Regional General Permit
198200031 whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill
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, 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: 1 June 2000
DIVISION OF WATER QUALITY
By
I ����
Kerr T. Stevens
Director
WQC T# 3289

MAINTENANCE DREDGING CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS
OF ENGINEERS NATIONWIDE PERMIT 35 DREDGING "
A_ID MAINTENANCE DREDGING IN OPEN WATERS)
AND NEUSE/TAR-PAlMi LICO 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 .0201 for the discharge of fill material to waters and wetland areas.as
described in the Wilmington District's Nationwide Permit 35 (Maintenance Dredging of
Existing Basins) or Regional (General) Permit Number 198200277 (Canals and Boat
Basins in High Ground and Maintenance Dredging in Open Water) and for the Neuse and
Tar -Pamlico Buffer Rules (15A NCAC 2B .0233 and .0259). This Certification replaces
Water Quality Certification (WQC) Number 2676 issued on January 21, 1992 and Water
Quality Certification Number 3110 issued on February 11, 1997. This WQC is rescinded
when the Corps of Engineers reauthorizes this Regional (General) Permit 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:
Proposed fill or substantial modification of waters or wetlands for this
General Certification requires written concurrence from the Division of
Water Quality;
2. In accordance with North Carolina General Statute Section 143-215.3D(e),
any request for written concurrence for a 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. The canal or boat basin shall be permitted to be dredged to its original depth
and width. The applicant is required to supply information regarding the
original depth and width of die site. The area shall. not be dredged to a depth
deeper than the receiving water;
4. 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

NCA..0 2B .0259 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 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. Activities listed as
"exempt" from these rules do not need to apply for written concurrence under this
Ceitification;
5. 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;
6. 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;
7. Excavation and filling of wetlands is not authorized by this Certification. All
fill material shall be placed on high ground and be from an upland source,
and excavation shall not occur in Primary Nursery Areas;
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;
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. Additional site -specific conditions may be added to projects proposed under
this Certification in order to ensure compliance with all applicable water
quality and effluent standards;
11. 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 35 or Regional
Permit 198200277, whichever is sooner,
12. 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.
2

Non-cofnpliance 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 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 Water Quality.
Effective date: 1 June 2000
DIVISION OF WATER QUALITY
Kerr T. Stevens
Director
WQC # 3279

GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS
39 (RESIDENVMAL. COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS).
41(RESHAPING EXISTING DRAINAGE DITCHES).
42 (RECREATIONAL FACILITIES),
43 (STORMWATER MANAGEMENT FACILITIES)
AND 44 (MINING ACTIVITIES)
AND NEUSE/TAR-PAM1IC0IRANDLENMkN 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 (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .020E
for the discharge of till 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, Tar -Pamlico 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
95-217 if conducted.in accordance with the conditions hereinafter set forth.
Conditions of Certification:
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 in compliance 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 CUWL) 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 in compliance 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(d) 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 DEER Stormwater.
Best Management Practices Manual) be constructed as part of the stormwater
management plan when a site -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 1:1 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 for a 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;
10. In accordance with 15A NCAC 2H .0506 (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;
1.11. For any project involving a stream re -alignment, 3 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.
I

Vegetation -used for bank stabilization shall be limited to native species, and should
include establishment of a 50 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 stredmbed 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 FEMA-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 manaIgement 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 a case -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 Sienficarit 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 fill
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 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.
WQC # 3287
Effective date: I June 2000
DIVISION OF WATER QUALITY
Kerr T. Stevens
Director
4

FARN1 BUILDINGS IN FARMED WETLANDS CERTIFICATION
GENERAL CERTIFICATION FOR PROTECTS ELIGIBLE FOR
CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 40
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 (DWQ) 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) (40) and for the Neuse, Tar -Pamlico and Randleman Buffer Rules (15A NCAC
2B .0233, .0259 and .0250). This Certification replaces Water Quality Certification Number
2673 issued on January 21, 1992 and Water Quality Certification Number 3117 issued on
February 11, 1997. This WQC is rescinded when the Corps of Engineers re -authorizes
Nationwide Permit 40 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. Proposed fill or substantial modification of waters (including streams) or
wetlands for this General Certification requires written concurrence from the
Division of Water Quality;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for a 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;
In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts
to streams and/or wetlands. Streamside 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 for any Certification involving written concurrence. In
addition, the most current design and monitoring protocols for DWQ shall be followed and written
plans submitted for DWQ approval as required in these protocols;
4. For any project involving a stream 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 shall include the same dimensions, patterns and profiles as the existing
channel, to the extent practical. 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 30 foot wide .
wooded plus an adjacent 20 foot vegetated 'buffer on both sides of the relocated channel to the
extent practical;
5. impacts to any stream ieitath in the Neuse, Tar-Pamiico and Randleman River Basins requires
written concurrence from DWQ in accordance with 15A NCAC 2B.0233, 15A 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, Tar -Pamlico and
Randleman 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 sh&H
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;
6. In order to protect and preserve water quality in the immediate watersheds of 303(d) 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 a site -
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 DENT R Stormwater Best
Management Practices Manual may also be used, if appropriate. Approval.of a
stormwater management plan by the Division of Water Quality's other existing state
stormwater programs including appropriate Iocal programs is sufficient to satisfy this
Condition. This condition applies unless more stringent requirements are in effect from
other state water quality programs.;
7. 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 FERIA -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;
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;
9. All sediment and erosion control measures placed in wetland or waters shall be
removed and the natural grade restored within two months after the Division of Land
Resources has released the project;
10. If an en:rironmental document is required, this Certification'is not valid until a
Finding of No Signfcant 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;
I

11. That additional site -specific conditions may be added to projects proposed under
this Certification in order to ensure compliance with all applicable water quality
and effluent standards;
12. 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;
13. 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 40, whichever is sooner.
Non-compliance with or violation of the"conditions herein set forth by a specific fill
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 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: 1 June 2000-
DIVISION OF WATER QUALITY
Kerr T. Stevens
Director
WQC # 3291

OCEAN DREDGE MATERIAL DISPOSAL CERTHICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
REGIONAL PERMIT 198000048 INVOLVING DISPOSAL OF:.DREDGED MATERIAL ON
OCEAN BEACHES WITER4 NORTH CAROLINA
AND NEUSEITAR-PANMICO BUFFER RULirS.
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 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the
discharge of fill material to waters and wetland areas which are waters of the United States as
described in the Wilmington District's Regional (General) Permit Number. 198000048 and for the
Neuse and,Tar-Pamlico Buffer Rules (15A NCAC 2B .0233 and .0259). This Certification
replaces Water Quality Certification Number 3120 issued on February 11, 1997. This WQC is
rescinded when the Regional Permit is re -authorized or wlfen deemed appropriate by the Director
of the Division of Water Quality. :
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; dredging, excavation or other substantial modification of waters
or wetlands or this. General Certification requires written concurrence from the
Division. of Water Quality;
2. In accordance with North Carolina General Statute Section 143-21533D(e),
any request for written concurrence for a 401 Water Quality Certification .
must include the appropriate fee. If a project also requires a CAIMA 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. 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 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 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 tie use of best management practices. Activities listed as
"exempt" from these rules do not need to apply for written concurrence under this
Certification;
4. If such activities should take place during periods of high biological activity
(i.e. sea turtle nesting), biological monitoring may be required at the request
of other state or federal agencies and coordinated with these dredging
activities;

5. The.discharge shall be free of toxic substances in violation of state water
quality standards;
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. 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;
S. Concurrence from DWQ that this Certification applies to an individual project
shaII 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 198000048,
whichever is sooner;
9. 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
project shall result in revocation of this 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 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.
WQC# 3275
Effective date: I June 2000
DIVISION OF WATER QUALITY
By
Kerr T. Stevens
Director
2

CAMA PERMIT CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS GENERAL
PERMIT NUMBER 198000291'(ISSUED TO THE NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT) AND NEUSEYTAR-P AI MICO BUFFER RULES
This General Certification is issued in conformity with requirement 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 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material as
described in General Permit 198000291 and for the Neuse and Tar -Pamlico Buffer Rules (15A NCAC 2B
.0233 and .0259). This Certification replaces Water Quality Certification Number 3025 issued on
September 6, 1995 and Water Quality Certification Number 3112 issued on February 11, 1997. This WQC
is rescinded when the Corps of Engineers reauthorizes Regional General Permit 0291 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 conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by CAMA major permits require written concurrence from the
Division of Water Quality as well as compliance with all conditions of this General
Certification;
2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General Permits
do not require written authorization from the Division of Water Quality as Iona as they
comply with all other conditions of this General Certification;
3.1 In accordance with North Carolina General Statute Section 143-215.31)(e),
any request for written concurrence for a 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;
4. 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-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 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. Activities listed as "exempt" from these rules do not need to apply for
written concurrence under this Certification;
5. • 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;
6. If an environmental document is required, this Certification is not valid until a
Finding of No Sianficant 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;
I

7. 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 Hest Management Practices in
order to assure compliance with the appropriate turbidity water quality standard;
8. Measures shall be taken to prevent live or fresh concrete from coming into
contact with waters of the state until the concrete has hardened;
9. Additional site -specific conditions may be added to projects which have
applied for CAMA major permits which are proposed under this Certification
in order to ensure compliance with.all applicable water quality and effluent
standards;
10. 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;
11. 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 General Permit 198000291,
whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific 511 project shall
result in revocation of this- 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 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.
WQCn 3274
Effective date: 1 June 2000
DIVISION OF WATER QUALITY
By
Kerr T. Stevens
Director
2

LAKE -AND RESERVOIR ACTIVITY CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF
ENGINEERS REGIONAL PERMIT NUMBER 198-200030 (TVA. OR FERC
REGULATED PUBLIC UTII.ITIES) AND REGIONAL )HERMIT 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 ISA 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:
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 for a 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 15 A (NCAC 2B .0259. New development activities located in
the protected 50-foot wide riparian areas (wliether: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;
S. 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 may be added to projects proposed with
fill under this Certification in order to ensure compliance with all applicable
water quality and effluent standards;
2

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 project shall result in revocation of this 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 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: 1 June 2000
DIVISION OF WATER QUALITY
't Liz, .
Kerr T. Stevens
Director
WQC # 3280

7. ARTIFICIAL REEF CERTIFICATION
ATTRACTORSI AND NEUSE/TAR-PAMLICO 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 198500194 (Artificial Reefs and Fish Attractors) and for the
Meuse and Tar -Pamlico Buffer Rules (15A NCAC 2B .0233 and .0259). This Certification
replaces Water Quality Certification Numbers 2677 and 2678 issued on January 21, 1992 and
Water Quality Certification Number 3098 issued on February 11, 1997. This WQC is rescinded
when the Corps of Engineers re -authorizes this Regional (General) Permit 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. Proposed fill or substantial modification of waters or wetlands for this
General Certification requires written concurrence from the Division of
Water Quality;
2. 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
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 limiied 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. Activities
listed as "exempt" from these rules do not need to apply for written concurrence under this
Certification;
In accordance with North Carolina General Statute Section 143-215.31)(e), any request for
written concurrence for a 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;
4. 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;
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;
6. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the State until the concrete has hardened. All reefs or fish enhancement structures
shall be constructed of materials which are not toxic to aquatic life;

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;
8. Additional site -specific conditions may be added to projects proposed under this Certification
in order to ensure compliance with all applicable water quality and effluent standards;
9. 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 198500194.
whichever is sooner;
10. 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 project shall
result in revocation of this 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 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.
WQC # 3276
Effective date: 1 June 2000
DIVISION OF WATER QUALITY
M
Kerr T. Stevens
Director
2

FIB CONTROL ACTIVITIES CERTIFICATION
GENERAL. CERTIFICATION FOR PROTECTS ELIGIBLE FOR CORPS OF
ENGINEERS REGIONAL (GENERAL) PERMrT NUMBER 199200297
(FIRE CONTROL ACTIVITIES ON FEDERAUSTATE OWNED°OR OPERATED WILDLIF
ER
AND RECREATIONAL PROPERTY. AND WFMN PERFORMED BY THE U.S. FOREST
SERVICE OR N.C. DIVISION OF FOREST RESOURCES ON PRIVATELY OWNED LAND)
AND NEUSEITAR-PAMLICO 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
199200297 (Fire Control Activities on Federal/State Owned or Operated Wildlife and Recreational
Property) and for the Neuse and Tar -Pamlico Buffer Rules (15A NCAC 2B .0233 and .0259). This
Certification replaces Water Quality Certification (WQC) Number 2679 issued on January 21, 1992 and
Water Quality Certification Number 3113 issued on February 11, 1997. This WQC is rescinded when the
Corps of Engineers re -authorizes this Regional (General) Permit 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. Proposed fill or substantial modification of waters or wetlands for this
General Certification does not require written concurrence from the Division
of Water Quality as Ion- as the project complies with all conditions of this .
.General Certification. However, Condition No. 4 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 for a 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. Undisturbed buffers of at least 50 feet in width shall be left adjacent to both
sides of all permanent or intermittent streams shown on the most recent
version of the 1:24,000 USGS topographic map in order to maintain water
quality. Periodic interruptions in this buffer are acceptable for vehicular
access if clearly shown on a map with written approval of DWQ;
4. 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
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 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. Activities
Iisted as "exempt" from these rules do not need to apply for written concurrence under this
Certification;
5. Fire breaks should be plowed across any, wet drains to the maximum extent
possible, rather than parallel to or within wet drains;

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;
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;
S. 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;
9. 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 199200297,
whichever is sooner,
10. 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 project shall
result in revocation of this 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 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: 1 June 2000
DIVISION OF WATER QUALITY
By
Kerr T. Stevens
Director
WQC # 3275