GC 3275

OCEA~i DREDGE MATERIAL DISPOSAL CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
REGIONAL PERMIT 198000048 INVOLVING DISPOSAL OF DREDGED MATERIAL ON
OCEAN BEACHES WITHIN NORTH CAROLINA
AND NEUSE/TAR-PAMLICO BUFFER RULES.
This General Certification is issued inconformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division
of Water Quality 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rescinded when the Regional Permit is re-authorized or when deemed appropriate by the Director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. 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 143-215.3D(e),
any request for written concurrence fora 401 Water Quality Certification
must include the appropriate fee. If a project also requires a LAMA Permit, one
payment to both agencies shall be submitted and will be the higher of the two fees.
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. New development activities located in the protected 50-
footwide 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;
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;
8. 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 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.
Effective date: 1 June 2000
DNISION OF WATER QUALITY
By
Kerr T. Stevens
Director
WQC# 3275