GC 3290

GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF
ENGINEERS NATIONWIDE PERMIT NUMBERS 3 (MAINTENANCE),
4 (FISH AND WILDLIFE HARVESTING DEVICES AND ACTIVITIES),
5 (SCIENTIFIC MEASUREMENT DEVICES), 6 (SURVEY ACTIVITIES),
7 (OUTFACE STRUCTURES}, 19 (25 CUBIC YARDS OF FILL), 20 (OIL SPILL
CLEANUP 22 REMOVAL OF VESSELS 25 STRUCTURAL DISCHARGE
30(MOIST SOIL MANAGEMENT FOR WILDLIFE), 32 (COMPLETED
ENFORCEMENT ACTIONS), 36 (BOAT RAMPS fIN NONWETLAND SITESI),
REGIONAL PERMIT 197800056 (PIERS, DOCKS AND BOATHOUSES) AND
REGIONAL PERMIT 197800125 (BOAT RAMPS)
AND NEUSE/TAR-PAMLICO/RANDLEMAN 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 (DWQ) 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 33 CFR 330 Appendix A (B)
(3, 4, 5, 6, 7,19, 20, 22, 25, 30, 32, and 36) of the Corps of Engineers regulations and
Regional Permits 197800056 and 19780125 and for the Neuse, TarPamlico and
Randleman Buffer Rules (15A NCAC 2B .0233, .0259 and .0250). This Certification
replaces Certification Number 2745 issued on January 21,1992, Water Quality
Certification Numbers 3026 and 3027 issued on September 6,1995, and Certification
Number 3127 issued on February 11,1997. This WQC is rescinded when the Corps of
Engineers re-authorizes any of these Nationwide or Regional Permits 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. These activities do not require written concurrence from the Division of Water
Quality as long as they comply with all conditions of this General Certification.
Any condition in this Certification which the applicant believes cannot be met
requires an application and written concurrence from DWQ;
2. 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. (DER) 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;

3. 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;
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. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
b. Access roads constructed for any of these permits shall be constructed so as to
minimize wetland fill as much as is practicable and shall be restored to grade
immediately after the project is completed. The site shall be re-vegetated with
native species and should be completed within three months following
construction or before initiation of the next growing season;
7. 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;
8. Impacts to any stream length in the Neuse,Tar-Pamlico and Randleman River
Basins requires written concurrence from DWQ in accordance with 15A NCAC
2B.0233,15A NCAC 2B .0259 and .0250. 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. 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;
9. 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 equilibr~~um 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;

10. 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;
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 these corresponding Nationwide and Regioanl
General Permits, 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.
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, stream 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
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Kerr T. Stevens
Director
WQC # 3290
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