GC 3372

WQC #3372
OCEAN DREDGE MATERIAL DISPOSAL CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
REGIONAL PERMIT 198000048 INVOLVING DISPOSAL OF DREDGED MATERIAL ON
OCEAN BEACHES WITHIN NORTH CAROLINA
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 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 the Wilmington District's Regional (General) Permit Number 198000048 and for the
Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces
Water Quality Certification Number 3120 issued on February 11,1997 and Water Quality
Certification Number 3275 issued on June 1, 2000. This WQC is rescinded when the Regional
Permit is re-authorized or when deemed appropriate by the Director of the Division of Water
Quality.
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, dredging, excavation or other substantial modification of waters or
wetlands or 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 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. 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
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 and Tar-Pamlico 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;
4. If such activities should take place during periods of high biological activity (i.e. sea
turtle nesting}, biological monitoring may be required at the request of other state or
federal agencies and coordinated with these dredging activities;
5. The discharge shall be free of toxic substances in violation of state water quality
standards;

WQC #3372
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. 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;
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. 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 198000048, 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: l 8 March 2002
DIVISION OF WATER QUALITY
By
Acting Dir
WQC # 3372