GC 3369

WQC #3369
GENERAL CERTIFICATION FOR EMERGENCY DREDGING
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 emergency
maintenance dredging activities in the coastal navigable waters of the state when authorized by
the Rivers and Harbors Act of 1899 and which are initiated by the District Engineer of the
Wilmington District of the U.S. Army Corps of Engineers or the Governor of North Carolina. This
Certification replaces Water Quality Certification Number 1333 and 1322 issued on June 12,1987
and Certification Number 3123 issued on February 11,1997. This WQC can be rescinded when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. Any condition in this
Certification which the applicant believes cannot be met requires an application and
written concurrence from DWQ;
2. This Certification is applicable only when the District Engineer makes the determination
that a rapid response is required for frequent and unpredictable sand shoals forming in an
authorized channel such that it poses an immediate threat to navigation;
3. The U.S. Army Corps of Engineers shall dredge byside-casting or other means most
readily available and shall dispose of the dredged material in open water adjacent to the
channel, in a suitable diked upland disposal basin or along the ocean beaches;
3. 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;
4. 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;
5. 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;
6. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
7. 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 #3369
8. The spoil material shall be predominately sand. The turbidity plume shall not impede the
free passage of fish adjacent to or downstream from the project. This Certification does
not relieve the Corps of Engineers or their contractors from potential liability with respect
to any kills offish or other aquatic life which may result;
9. Two copies of a written report shall be submitted to the DWQ prior to or within 14 days of
the dredging activity to document the need for the dredging and post-depth soundings,
and placement of dredged material. An as-built report is required only if the project is not
implemented as originally proposed;
10. 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;
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 and Regional General Permits, 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 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.
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
Gre ry orpe, Ph. .
Acting Director
WQC # 3369