GC 3403

WQC #3403
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF
ENGINEERS NATIONWIDE PERMIT NUMBER 23 (APPROVED CATEGORICAL
_E_XCLUSIONS) 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 33 CFR 330 Appendix A (B) (23) and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality
Certification Number 2670 issued on January 21,1992, Certification Number 2734
issued on May 1 1993, Certification Number 3107 issued on February 11,1997 and
Water Quality Certification Number 3361 issued March 18, 2002. This WQC is
rescinded when the Corps of Engineers re-authorizes Nationwide Permit 23 or when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. Proposed fill or substantial modification of wetlands or waters (including streams)
under this General Certification requires notification to the Division of Water
Quality. Two copies shall be submitted to DWQ at the time of notification in
accordance with 15A NCAC 2H .0501(a). Written concurrence from DWQ is not
required unless any standard conditions of this Certification cannot be met;
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. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation maybe
required for impacts to 150 linear feet or more of streams and/or 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 and/or constructed before any permanent building or structure on

WQC #3403
site is occupied. I n the case of public road projects, the mitigation plan must be
implemented before the road is opened to the travelling public;
4. Compensatory stream mitigation shall be required at a 1:1 ratio for not only
perennial but also intermittent stream impacts equal to or exceeding 150 feet and
that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-I
and WS-II unless the project is a linear, publicly-funded transportation project,
which has a 150-foot per-stream impact allowance;
5. 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;
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;
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;
8. 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, designed, constructed, and maintained to
have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices;
9. 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;
10. 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;
11. 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.

WQC #3403
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: ~ March 2003
DIVISION OFWATER QUALITY
By
~~
B
Alan W. Klimek, P.E.
Director
WQC # 3403