GC 3276

ARTIFICIAL REEF CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGIlVEERS
REGIONAL (GENERAL) PERMIT NUMBER 198500194 (ARTIFICIAL REEFS AND FISH
ATTRACTORS~ 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 Neuse 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 This WQC is rescinded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.
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;
3. 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;
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. 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 ash enhancement structures
shall be constructed of materials which are not toxic to aquatic life;

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. 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 andlor civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for individual certification for any project in this category of activity, if it is determined that the
project is likely to have a significant adverse effect upon water quality or degrade the waters so that
existing uses of the wetland or downstream waters are precluded.
Public hearings maybe held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina Division
of Water Quality.
Effective date: 1 June 2000
DIVISION OF WATER QUALITY
By
~.~.. t
Kerr T. Stevens
Director
WQC # 3276