GC 3279

MAINTENANCE DREDGING CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS
OF ENGINEERS NATIONWIDE PERMIT 35 (MAINTENANCE DREDGING
OF EXISTING BASINS) AND REGIONAL (GENERAL) PERMIT
NUMBER 198200277 (CANALS AND BOAT BASINS IN HIGH GROUND
AND MAINTENANCE DREDGING IN OPEN WATERS)
AND NEUSE/TAR-PAMLICO BUFFER RULES.
This General Certification is issued in confornuty 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 This WQC is rescinded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:
1. 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 143-21 .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. 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 the 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

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. 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;
8. 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;
lo. 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 198206277, 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.
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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
DNISION OF WATER QUALITY
By
Kerr T. Stevens
Director
WQC # 3279