GC 3288

UTILITY LINE BACKFILL AND BEDDING CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 12 OR
REGIONAL PERMIT 198100049 (UTILITY LINE BACKFILL AND BEDDING) AND
NEUSE/TAR-PAMLICO/RANDLEMAN 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 (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-
Pamlicoand 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 This WQC is rescinded when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:
1. 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 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;
3. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for stream
and/or wetland impacts. Streamside buffer mitigation maybe 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,TarPamlico and Randleman River Basins
requires written concurrence from DVVQ 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 be restored 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 concurrence 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;
lb. 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 and 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 anti-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 inpre-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 dollar 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 Pernut 12 or Regional Pernut 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.
.Effective date: 1 June 2000
DNISION OF WATER QUALITY
By
~~~~~~
Ken T. Stevens
Director
WQC # 3288