GC 3291

FARM BUILDINGS IN FARMED WETLANDS CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR
CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 40
(FARM BUILDINGS IN FARMED WETLANDS)
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) (40) and for the Neuse, Tar-Pamlico and Randleman Buffer Rules (15A NCAC
2B .0233, .0259 and .0250). This Certification replaces Water Quality Certification Number
2673 issued on January 21,1992 and Water Quality Certification Number 3117 issued on
February 11,1997. This WQC is rescinded when the Corps of Engineers re-authorizes
Nationwide Permit 40 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 (including streams) or
wetlands for this General Certification requires written concurrence from the
Division of Water Quality;
2. In accordance with North Carolina General Statute Section 143-215.3D(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. Streamside 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 involving written concurrence. In
addition, the most current design and monitoring protocols for DWQ shall be followed and written
plans submitted for DWQ approval as required in these protocols;
4. For any project involving a stream re-alignment, a stream relocation plan must be included with the
401 application. This plan must be approved by DWQ prior to issuance of the 401 Certification.
Relocated stream designs shall include the same dimensions, patterns and proles as the existing
channel, to the extent practical. The new channel shall 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 species, and should include establishment of a 30 foot wide
wooded plus an adjacent 20 foot vegetated buffer on both sides of the relocated channel to the
extent practical;
5. 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 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;
6. In order to protect and preserve water quality in the immediate watersheds of 303(4) listed
waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water
supply waters (WS), trout waters (Tr), high quality waters (HQW), and outstanding
resource waters (ORW), the Division shall require that extended detention wetlands
(designed according to latest version of the NC DENR Stormwater Best Management
Practices Manual) be constructed as part of the stormwater management plan when asite-
specific stormwater management plan is required. Methods such as dry detention basins
followed by level spreaders that sheet flow through forested filter strips and that meet the
design standards specified in the latest version of the NC DENR Stormwater Best
Management Practices Manual may also be used, if appropriate. Approval of a
stormwater management plan by the Division of Water Quality's other existing state
stormwater programs including appropriate local programs is sufficient to satisfy this
Condition. This condition applies unless more stringent requirements are in effect from
other state water quality programs.;
7. 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;
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 wetland or waters shall be
removed and the natural grade restored within two months after the Division of Land
Resources has released the project;
10. If an environmental document is required, this Certification is not valid until a
Finding of No Signflcant 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;

11. 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;
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;
13. 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 40, 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 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 # 3291
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