GC 3363

WQC #3363
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 16
RETURN WATER FROM UPLAND CONTAINED DISPOSAL AREAS}
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 .0200 for the discharge
of fill material to waters and wetlands as described in 33 CFR 330 Appendix A (B} (16} of the
Corps of Engineers regulations (i.e., Nationwide Permit Na.16).The category of activities shall
include the discharge of return water from an upland, contained dredge disposal area. This
certification replaces Water Quality Certification Number 1273 issued in November 10,1978,
Certification Number 2668 issued on January 21,1992and Certification Number 3105 issued on
February 11,1997. This WQC is rescinded when the Corps of Engineers reauthorize Nationwide
Permit 16 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 wetlands or waters (including streams} under
this General Certification requires application to and prior written concurrence from the
Division of Water Quality;
2. That the discharge will be free from toxic pollutants in violation of state water quality
standards;
3. That the terminal end of the pipeline from the dredge into the retention area be positioned
at a maximum distance from spillways to allow adequate settling of suspended solids and
a sufficient distance from any part of the dike so as to preclude dike erosion by the pipeline
discharge. Effluent shall be released waterward of emergent marsh or tidal flats when
located within these systems;
4. That a water control structure be installed at the intake end of the effluent {ead'rng from the
retention area in order to insure maximum settling of suspended solids and control of
discharge volumes;
5. That the flow from the diked retention area be contained by pipe, metal or wooden trough,
or similar device to a point waterward of any emergent vegetation along the shoreline
unless it can be clearly shown by the applicant that a different design will result in less
environmental impact;
6. That sufficient freeboard be maintained within the diked disposal area during the dredging
operation to assure the integrity of the dike structure and the containment of the
dredged material;
7. Native forested vegetation shall be re-established in any construction. access or other
temporary impact area within the next growing season following construction of a project;
8. Hydraulic dredging in piedmont and mountain lakes (as well as some locations in the
coastal plain when specified by DWQ} which utilize an upland diked disposal basin with a
return pipe for the return water shall utilize the "two basin" design as shown on the
attached sketch or have written approval from DWQ to vary from this design. The
applicant shall contact DWQ for specifications regarding this design;

WQC #3363
9. That the concentration of settleable solids in the effluent being discharged from the diked
disposal area be no greater than 0.1 ml/l;
10. The appropriate turbidity water quality standard shall not ~e exceeded or be above
ambient background levels (whichever is more stringent) beyond an appropriate mixing
zone if one is established for a project by DWQ (50 NTUs in streams and rivers not
designated as trout waters by DEM; 25 NTUs in all saltwater classes, and all lakes and
reservoirs; and 10 NTUs in trout waters);
11. All sediment and erosion control measures placed in wetlands or waters shall be removed
and the original grade restored within two months after the Division of Land Resources has
released the project;
12. 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;
13. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
14. 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;
15. That the disposal area dikes be stabilized with vegetative cover within seven days after
construction to minimize erosion;
16. That the timing of the dredging and discharge shall be addressed by the applicant in order
to lessen impact on aquatic organisms and their reproduction. This timing shall comply
with dredging windows established by the "Corps-State Interagency Seasonal Work Group
on Seasonal Dredging Periods" where applicable;
17. 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;
18. 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 Regional General Permits,
whichever is sooner;
19. 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, stream or downstream waters are precluded.

WQC #3363
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: l8 March 2002
DIVISION OF WATER QUALITY
By
Acting Dir
WQC # 3363