GC 3349

WQC #3349
MAINTENANCE DREDGING CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS
OF ENGINEERS NATIONWIDE PERMIT 35 (MAINTENANCE DREDGING
OF EXISTING BASINS) AND REGIONAL (GENERAL} PERMIT
NUMBER 198200277 (CANALS AND BOAT BASINS IN HIGH GROUND
AND MAINTENANCE DREDGING IN OPEN WATERS}
AND RIPARIAN AREA PROTECTION RULES (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 Regulations in 15A NCAC 2H, Section .0500 and 15A
NCAC 2B .0201 for the discharge of fill material to waters and wetland areas as
described in the Wilmington District's Nationwide Permit 35 (Maintenance Dredging of
Existing Basins) or Regional (General) Permit Number 198200277 (Canals and Boat
Basins in High Ground and Maintenance Dredging in Open Water) and for the Riparian
Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces
Water Quality Certification (WQC) Number 2676 issued on January 21, 1992 and Water
Quality Certification Number 3110 issued on February 11, 1997, and Water Quality
Certification Number 3279 issued on June 1, 2000. This WQC is rescinded when the
Corps of Engineers re-authorizes this Regional (General) Permit 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 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 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 in accordance with agreements reached between the Division of
Water Quality and the Division of Coastal Management;
3. The canal or boat basin shall be permitted to be dredged to its original depth
and width. The applicant is required to supply information regarding the
original depth and width of the site. The area shall not be dredged to a depth
deeper than the receiving water;
4. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or
any other river basins with Riparian Area Protection Rules [Buffer Rules in
effect at the time of application) requires written concurrence from DWQ in
accordance with 15A NCAG 26.0200. Activities listed as "exempt' from
these rules do not need to apply for written concurrence under this

WQC #3349
Certification. New development activities located in the protected 50-foot
wide riparian areas (whether jurisdictional wetlands or not) within the Neuse,
Tar-Pamlico, Randleman and Catawba River Basins shall be limited to
"uses" identified within and constructed in accordance with 15A NCAC 2B
.0200. 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;
5. That appropriate sediment and erosion control practices which equal or
exceed hose 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;
6. All sediment and erosion control measures placed in wetlands or waters
shall be removed and the original grade restored after the Division of Land
Resources has released the project;
7. Excavation and filling of wetlands is not authorized by this Certification. All
fill material shall be placed on high ground and be from an upland source,
and excavation shall not occur in Primary Nursery Areas;
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. 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;
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 the corresponding Nationwide Permit 35
or Regional Permit 198200277, whichever is sooner;
12. When written concurrence is required, the applicant is required to use the
most recent version of the 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 andlor civil penalties.
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WQC #3349
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 that requires written concurrence under this certification, 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: l 8 March 2002
DIVISION OFWATER QUALITY
By
~' /
Gre ry J Thorpe, P .D.
Acting Director
WQC # 3349