GC 3398

WQC #3398
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR
CORPS OF ENGINEERS INDIVIDUAL, NATIONWIDE OR REGIONAL GENERAL PERMITS
FOR DROUGHT-RELATED IMPACTS TO STREAMS AND WETLANDS
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 26.0200 for the discharge
of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A (B) of the
Corps of Engineers regulations. The category of activities shall include any fill activity for work
done by municipalities or other public entities in response to drought conditions and qualifying as
an "exigency" situation (requiring immediate action). This WQC is rescinded when deemed
appropriate by the Director of the Division of Water Quality (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. Use of this General Certification requires application to DWQ and written
concurrence from DWQ regardless of whether the corresponding Nationwide or
Regional General Permit requires written approval from the U.S. Army Corps of
Engineers;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for 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. For this Certification only, payment
for the Certification may be provided within one month of the date of application for
the Certification in order not to unnecessarily delay DWQ's response to any drought-
related project. Failure to pay the required fee within the required time will be
grounds to terminate coverage under this General Certification;
3. Downstream flow must be maintained to the maximum extent practical while allowing
the detention and utilization of water by local governments and other public entities.
The amount of downstream flow will be negotiated with the applicant in order to
protect downstream water quality standards and uses and may be specified in the
concurrence letter from DWQ;
4. Temporary fill of wetlands or streams will not require compensatory mitigation as long
as the length of time for retention of the fill and on-site restoration measures are
specified in the concurrence letter from DWQ;
5. All appropriate sediment and erosion control measures 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;
6. Measures shall be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened;

WQC #3398
7. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required
to return the Certificate of Completion attached to the written approval letter to the
401/UVetlands Unit, North Carolina Division of Water Quality,1650 Mail Service
Center, Raleigh, NC, 27699-1650;
8. Additional site-specific conditions maybe added to projects which require written
concurrence that are proposed under this General Certification in order to ensure
compliance with all applicable water quality and effluent standards;
9. Concurrence from DWQ that this Certification applies to an individual project shall
expire on the date specified in the concurrence letter. In no case shall this date
extend past three years from the date of the concurrence letter from DWQ.
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 dater March 2003
DIVISION OF WATER QUALITY
By
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Alan W. Klimek, P.E.
Director
WQC # 3398