WQC 3639

WQC #3639
LAKE AND RESERVOIR ACTIVITY CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF
ENGINEERS REGIONAL PERMIT NUMBER 198200030 (TVA, OR FERC
REGULATED PUBLIC UTILITIES) AND REGIONAL PERMIT 198200079 (COE LAKE
AND RESERVOIR MAINTENANCE,
REPAIR AND CONSTRUCTION ACTIVITIES) AND
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC
2B .0200 for the discharge of fill material to waters and wetland areas as described in
the Wilmington District's Regional (General) Permit Number 198200030 and Regional
Permit Number 198200079 and for the Riparian Area Protection Rules (Buffer Rules) in
15A NCAC 2B .0200. This Certification replaces Water Quality Certification (WQC)
Number 3373 issued on March 18, 2002 and WQC Number 3492 issued March 18,
2002. This WQC is rescinded when the Corps of Engineers re-authorizes these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 30.1, 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 fora 401 Water Quality Certification
must include the appropriate fee. If a project also requires a CAMA Permit,
one payment to both agencies shall be submitted and will be the higher of
the two fees. The fee shall be collected and distributed between the two
agencies in accordance with agreements reached between the Division of
Water Quality and the Division of Coastal Management;
3. Activities which result in fill, dredging or excavation of waters or wetlands
under this General Certification require written concurrence from the Division
of Water Quality;
4. Measures shall be taken to prevent live or fresh concrete from coming into
contact with waters of the state until the concrete has hardened;
5. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and
Catawba River Basins (or any other river basins with Riparian Area
Protection Rules [Buffer Rules] in effect at the time of application) requires

WQC #3639
written concurrence from DWQ in accordance with 15A NCAC 2B.0200.
Activities listed as "exempt" from these rules do not need to apply for written
concurrence under this Certification. New development activities located in
the protected 50-foot wide riparian areas (whether jurisdictional wetlands or
not) within the Neuse, Tar-Pamlico, Randleman and Catawba River Basins
shall be limited to "uses" identified within and constructed in accordance with
15A NCAC 2B .0200. 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. For sites with buffer rules in effect at the time of application, forested
vegetation removed from buffer areas for construction access purposes shall
be re-established within the next growing season following construction of the
project;
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 Best
Management Practices in order to assure compliance with the appropriate
turbidity water quality standard; _
8. Rip-rap shall be installed waterward of bulkheads installed 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;
9. 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;
10. 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;
11. 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;
12. 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;
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 Regional Permit
198200030 or 198200079, whichever is sooner;

WQC #3639
14. Projects with any impacts to streams, wetlands, and/or waters that have
received a Notice of Violation from the Division of Land Resources and/or the
Division of Water Quality are required to submit a complete application and
receive written concurrence to use this Certification regardless of the
proposed impact amount to streams, wetlands, and waters.
15. When written concurrence is required, the applicant is required to use the
most recent version of the Certification of Completion form to notify DWQ
when all work included in the 401 Certification has been completed;
16. Standard Erosion and Sediment Control Practices:
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices:
a. Erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent
version of the North Carolina Sediment and Erosion Control Planning and
Design Manual.
b. Design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained
on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the
most recent version of the North Carolina Surface Mining Manual.
d. Reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion
control measures and stormwater routing and treatment shall be on site
at all times.
17. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre-
construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state
water quality standards, statutes, or rules occur.
18. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or
waters to the maximum extent practicable. If placement of sediment and

WQC #3639
erosion control devices in wetlands and waters is unavoidable, they shall be
removed and the natural grade restored within six months of the date that the
Division of Land Resources or locally delegated program has released the
project.
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 including state or federally listed endangered or threatened aquatic species 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: 19 March 2007
DIVISION OF WATER QUALITY
By
/,~ ~-
Alan W. Klimek, P.E.
Director
WQC # 3639
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