GC 3365

WQC #3365
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBER 29 (SINGLE FAMILY HOUSING}
AND RIPARIAN AREA PROTECTION RULES (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 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of
fill material to waters and wetland. areas which are waters of the United States as described in 33
CFR 330 Appendix A (B) (29) of the Corps of Engineers regulations for single family housing and
attendant structures and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B
.0200. This Certification replaces Certification Number 3036 issued on September 25,1995, and
Certification Number 3111 issued on February 11,1997. This WQC is rescinded when the Corps
of Engineers reauthorize any of these Nationwide or Regional Permits 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. These activities do not require written concurrence from the Division of Water Quality as
long as they comply with all conditions of this General Certification and wetland fill is limited
to less than one-third acre. Any condition in this Certification which the applicant believes
cannot be met requires an application and written concurrence from DWQ. Proposed fill or
substantial modification of greater than or equal to one-third acre of wetlands or waters
(including streams) under this General Certification requires application to and prior written
concurrence from the Division of Water Quality. Fill of any amount of wetlands classified
as Unique Wetlands in accordance with 15A NCAC 2B .0101(e)(7) is not eligible for this
General Certification. Also, Condition No. 9 is applicable to all streams in basins with
riparian area protection rules;
2. 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;
3. 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;
4. 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;
5. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
6. 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;

WQC #3365
7. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba 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 NCAC 26.0200. Activities listed 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 .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;
8. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
impacts to 150 linear feet or more of streams andlor one acre or more of wetlands. In
addition, buffer mitigation may be required for any project with Buffer Rules in effect at the
time of application for buffer impacts resulting from activities classified as "allowable with
mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance
under the Buffer Rules. A determination of buffer, wetland and stream mitigation
requirements shall be made for any Certification for this Nationwide Permit. The most
current design and monitoring protocols from DWQ shall be followed and written plans
submitted for DWQ approval as required in those protocols. When compensatory mitigation
is required for a project, the mitigation plans must be approved by DWQ in writing before
the impacts approved by the Certification occur. The mitigation plan must be implemented
andlor constructed before any permanent building or structure on site is occupied;
9. Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and
intermittent stream impacts that require application to DWQ in watersheds classified as
ORW, HQW, Tr, WS-I and WS-II;
10. This Certification does not apply if the developer or landowner is or was required by DWQ
or COE to add deed restrictions or conservation easements on lots to restrict wetland fill;
11. That wetland fill in watersheds classified as High Quality Waters (e.g., trout, primary
nursery areas, WS-I, WS-II, SA and Outstanding Resource Waters) and Nutrient Sensitive
Waters shall be minimized as much as practicable to the satisfaction of the U.S. Army
Corps of Engineers;
12. 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;
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 these corresponding Nationwide and Regional General Permits,
whichever is sooner;
14. 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.

WQC #3365
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.
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
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Acting Di ector
WQC # 3365