GC 3373

WQC #3373
LAKE AND RESERVOIR ACTIVITY CERTIFICATfON
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
REGIONAL PERMIT NUMBER 198200030 (TVA, OR FERC REGULATED PUBLIC UTILITIES)
AND REGIONAL PERMIT 198200079 ~COE LAKE AND RESERVOIR MAINTENANCE,
REPAIR AND CONSTRUCTION ACTIVITIES) AND
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 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 198200030 and Regional Permit Number 198200079 and for
the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification
replaces Water Quality Certification (WQC) Number 2674 issued on January 21,1992, Water
Quality Certification Number 3099 issued on February 11,1997, and Water Quality Certification
Number 3280 issued on June 1, 2000. This WQC is rescinded when the Corps of Engineers re-
authorizes these Regional General 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. Activities which require approval under either of these General Permits but do not
result in fill, dredging or excavation of waters or wetlands (such as docks, piers or
boathouses) do not require written concurrence from the Division of Water Quality as
long as they comply with all other conditions of this General Certification. However,
Condition No. 5 is applicable to all streams in basins with riparian area protection
rules;
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 alsa 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. Activities which result in fill, dredging or excavation of waters or wetlands under this
General Certification require written concurrence from the Division of Water Quality;
4. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
5. 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 28.0200. 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,

WQC #3373
designed, constructed, and maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management
practices;
6. For sites with buffer rules in effect at the time of application, forested vegetation
removed from buffer areas for construction access purposes shall be re-established
within the next growing season following construction of the project;
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. Rip-rap shall be installed waterward of bulkheads installed in freshwater lakes to
ensure protection of aquatic habitat. Construction over wetlands shall be elevated at
least three feet above any wetlands, and floating structures shall not rest periodically
on the bottom;
9. 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;
10. 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;
11. Piers and boat houses shall be constructed to provide for storage and removal of
sewage rather than allowing raw waste or other sewage to be disposed directly into
surface waters;
12. Additional site-specific conditions may be added to projects proposed with fill 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 the corresponding Regional Permit 198200030 or 198200079,
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 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.

WQC #3373
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~q~ry J.Gi"I~pe, Ph.
Acting Director
WQC # 3373