GC 3289

ROAD CROSSING CERTIFICATION
GENERAL CERTIFICATION FOR PROTECTS ELIGIBLE FOR CORPS OF
ENGINEERS NATIONWIDE PERMIT NUMBER 14 (ROAD CROSSINGS),
REGIONAL GENERAL PERMIT 198200031 AND NEUSEITAR-
PAMLICO/RANDLEMANBDFFER 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) (14) of the Corps of Engineers regulations (i.e., Nationwide Permit No.14 and
Regional General Permit 198200031) and for the Neuse,TarPamlico and Randleman Buffer
Rules (15A NCAC 2B .0233, .0259 and .0250). The category of activities shall include any fill
activity for road crossing and is limited to fill less than one-third of an acre. This Certification
replaces Water Quality Certification Number 2177 issued on November 5,1987, Water Quality
Certification Number 2666 issued on January 21, 1992, Water Quality Certification Number 2732
issued on May 1,1992 and Water Quality Certification Number 3103 issued on February 1 1,
1997. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide Permit 14
or Regional General Permit 198200031 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 X11 or substantial modification of wetlands or waters (including streams) under this
General Certification requires application to and prior written concurrence from the Division of
Water Quality;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application 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;
3. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts
to streams and/or wetlands. In addition, buffer mitigation may be 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 for any Certification for this Nationwide Permit. The most
current design and monitoring protocols from DWQ shall be followed and written plans submitted
for DWQ approval as required in those protocols;
4. For any project involving astream re-alignment, a stream relocation plan ,must be included with the
401 application for written DWQ approval. Relocated stream designs should include the same
dimensions, patterns and profiles as the existing channel, to the maximum extent practical. The
new channel should be constructed in the dry and water shall not be turned into the new channel
until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native
woody species, and should include establishment of a 30 foot wide tivooded and an adjacent 20 foot
wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A
transitional phase incorporating coir fiber and seedling establishment is allowable. Also, rip-rap
maybe allowed if it is necessary to maintain the physical integrity of the stream, but the

applicant must provide written justification and any calculations used to determine the
extent of rip-rap coverage requested. If suitable stream mitigation is not practical on-site,
then stream impact will need to be mitigated elsewhere;
5. Impacts to any stream length in the Neuse,Tnr-Pamlico and Randleman River Basins
requires written concurrence from DWQ 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;
b. Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed to allow low flow passage of water and aquatic life
unless it can be shown to DWQ that providing passage would be impractical. Design and
placement of culverts and other structures including temporary erosion control measures
shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream
beds or banks, adjacent to or upstream and down stream of the above structures. The
applicant is required to provide evidence that the equilibrium shall be maintained if
requested in writing by DWQ. Additionally, when roadways, causeways or other fill
projects are constructed across FEMA-designated floodways or wetlands, openings such as
culverts or bridges must be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may result in destabilization of streams or
wetlands;
7. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that allowed under other General Certifications.
Deed restrictions must be placed on the remaining wetlands and streams on these lots to
restrict future wetland and stream fill. DWQ shall be sent copies of all deed restrictions
applied to these lots;
8. 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;
9. 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;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;

1 1. This Certification shall be utilized for roads from natural high ground to natural high
ground. The Certification for Nationwide Permit 18 may not be used in conjunction with
this Certification to create high ground for road access;
12. 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. All water quality-related conditions of the FONSI or ROD shall become
conditions of this Certification;
13. That 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;
14. 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;
15. 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 14 and Regional General Permit
198200031 whichever is sooner.
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, stream 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 # 3289