GC 3350

WQC #3350
FIRE CONTROL ACTIVITIES CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF
ENGINEERS REGIONAL (GENERAL) PERMIT NUMBER 199200297
AFIRE CONTROL ACTIVITIES ON FEDERAUSTATE OWNED OR OPERATED WILDLIFE AND
RECREATIONAL PROPERTY, AND WHEN PERFORMED BYTHE U.S. FOREST SERVICE OR
N.C. DIVISION OF FOREST RESOURCES ON PRIVATELY OWNED LAND) AND
NEUSE~AR-PAMLICOfRANDLEMAN/CATAWBA 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 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 the Wilmington District's
Regional (General) Permit Number 199200297 (Fire Control Activities on Federal/State Owned or
Operated Wildlife and Recreational Property) and for the Neuse, Tar-Pamlico, Randleman and
Catawba Buffer Rules (15A NCAC 2B .0233, .0259, .0250 and .0243). This Certification replaces
Water Quality Certification (WQC) Number 2679 issued on January 21,1992, Water Quality
Certification Number 3113 issued on February 11,1997 and Water Quality Certification Number
3278 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 This WQC is rescinded when the Corps of Engineers re-authorizes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 does not require written concurrence from the Division of Water Quality
as long as the project complies with all conditions of this General Certification;.
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 LAMA 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. Undisturbed buffers of at least 50 feet in width shall be left adjacent to both sides of
all permanent or intermittent streams shown on the most recent version of the
1:24,000 USGS topographic map or county soil survey in order to maintain water
quality. Periodic interruptions in this buffer are acceptable for vehicular access if
clearly shown on a map with written approval of DWQ;
4. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any
other river basins with Buffer Rules in effect at the time of application) requires
written concurrence from DWQ in accordance with 15A NCAC 26.0233, .0259,
.0250 and .0243. Activities I'rsted as "exempt" from these rules do not need to apply
for written concurrence under this 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
.0233, .0259, .0250 and .0243. 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;

WQC #3350
5. Fire breaks should be plowed across any wet drains to the maximum extent possible,
rather than parallel to or within wet drains;
6. 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;
7. 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;
8. 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;
9. 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 Regional Permit 199200297, whichever is
sooner;
10. 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 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 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: l8 March 2002
DIVISION OF WATER QUALITY
By
Gr ~ orpe, P .D.
WQC # 3350 Acting D' ctor