GC 3301

CAMA PERMIT ~O1 WATER QUALITY CERTIFICATION AND WRITTEN
DIVISION OF WATER QUALITY CONCURRENCE FOR SPECIFIED BOAT
RAMPS, BULKHEADS, SHADING, PIERS, MAINTENANCE DREDGING,
UTILITY LINES AND UPLAND DEVELOPMENT
GENERAL 401 WATER QUALITY CERTIFICATION FOR PROJECTS ELIGIBLE FOR
CORPS OF ENGINEERS GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT)
A~1D NEUSE/TAR-PAMLICO BUFFER RULES
This General Certification and written concurrence is issued in conformity with
requirement 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 15 NCAC 2H, Section .0500 and 15
NCAC 2B .0200 for the discharge of fill material as described in General Permit 198000291 and
for the Neuse and Tar-Pamlico Buffer Rules (15A NCAC 2B .0233 and .0259). This Water
Quality Certification (WQC) is rescinded when the Corps of Engineers re-authorizes Regional
General Permit 0291 or when deemed appropriate by the Director of the Division of Water
Quality (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 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, the CAMA Permit and General Permit 198000291. If any
condition in this Certification cannot be met, then the applicant is required to
submit an application and receive written concurrence from DWQ prior to beginning
work;
2. The following activities do not require written concurrence and do not require
payment of the 401 Water Quality Certification fee -
• Boat Ramps and associated access (i.e., roads and parking lots) that involve the
excavation or filling of less than 500 square feet of wetland and open water area,
with the exception that the excavation or filling of coastal wetlands may not
exceed 100 square feet and except when associated with new marinas,
subdivisions and commercial development); .
• Shoreline protection measures that tie into existing bulkheads, land or other
shoreline protection measures or do not extend waterward of the water line more
than 10 feet, provided that the activity will not involve the excavation or filling
of any SAV or shellfish resources and impacts less than 500 square feet of
vegetated wetlands or less than 100 square feet of coastal wetlands;
• Piers and docks designed to accommodate fewer than 10 vessels and the water
depth is greater than three feet;
• Maintenance dredging of less than 0.5 acres ofwater ornon-vegetated wetlands
provided that the applicant can provide written documentation showing the
historic dimensions of the dredged channel, and no Submerged Aquatic
Vegetation or shellfish beds are excavated or filled;

Projects that only involve shading of waters or wetlands;
Utility lines, except wastewater lines and potable water discharge lines which are
subject to an NPDES Permit, as long as tivetland or water impacts are temporary;
Upland development which involves no more than 1/10 of an acre of excavation
or filling of non-coastal wetlands, with the exception that no more than 2,000
square feet of the non-coastal excavation or filling may take place within an Area
of Environmental Concern. For the purposes of this area calculation, the
excavation or filling impacts of boat ramps, bulkheads or other shoreline
stabilization measures must be considered. The applicant must comply with all
applicable coastal stormwater rules;
Single family home construction that results in fill of 404 wetlands as long as
written concurrence is not required from DWQ for the applicable Corps of
Engineers Nationwide Permit.
3. Activities authorized by Coastal Area Management Act (LAMA) General
permits do not require written concurrence from the Division of Water
Quality as long as they comply with all other conditions of this General
Certification;
4. 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.
The fee shall be collected and distributed between the two agencies by the Division
of Coastal Management;
5. This certification does not eliminate the need to obtain any additional permits,
approvals or authorizations that may be required. Specifically, the permitee shall
contact the North Carolina Division of Water Quality to determine consistency with
the Neuse orTar-Pamlico Buffer Rules (15A NCAC 2B .0233 and 15A NCAC 2B
.0259). 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;
6. Appropriate sediment and erosion control practices that equal or exceed those
outlined in the most recent edition of the "North Carolina Sediment and
Erosion Control Planning and Design Manual" or the "North Carolina Surface
Mining Manual" (available from the Division of Land Resources in the DENR
Regional or Central Offices} shall be utilized to prevent exceedances of the
appropriate turbidity water quality standard (50 NTU's in freshwater streams and
rivers; 25 NTU's in all saltwater classes, and all lakes and reservoirs};
7. 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;

8. 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;
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;
10. This General Certification is not applicable to a project where the Director of
the Division of Water Quality or the Director of the Division of Coastal Management
have determined, based on an initial review of the application, that written
concurrence is needed because of concerns related to water quality or aquatic life.
11. Additional site-specific conditions may be added to projects which have
applied for LAMA major permits which are proposed under this Certification
in order to ensure compliance with all applicable water quality and effluent
standards;
12. If written concurrence is required for this activity, DWQ shall be sent a
written notification within 30 days of completion of the wetland or stream
impactor upon expiration of the 404 Permit or 401 Certification. Such
notification shall be sent to the Central Office of the Division of Water
Quality on the form provided with the Certification, shall be accompanied by
a map depicting the work completed, and shall be signed by the land owner or
other responsible party.
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 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 December ?000
By
Kerr T. Stevens
Director
WQC# 3301