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HomeMy WebLinkAboutGC 3123GENERAL 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 1322R issued on June 12, 1987. This WQC can be rescinded when deemed appropriate by the Director of the DWQ.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: r 1. Activities covered by this General Certification do not require written concurrence from the Division of Water Quality (DWQ) as long as they comply with all conditions of this General Certification. DWQ staff in the Central and appropriate DWQ Regional Office shall be contacted verbally to determine whether this Certification is applicable; 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 by sidecasting 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; 4. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent edition of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land Resources in the DEHNR Central and Regional Offices} are utilized to prevent exceedances of the appropriate turbidity water quality standard (50 NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in all saltwater classes, and all lakes and reservoirs; and 10 NTUs in trout waters); 5. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the Division of Land Resources releases the project; 6. If an environmental document is required, this Certification is not valid until a FONSI or ROD is issued by the State Clearinghouse; 7. 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 of fish or other aquatic life which may result; 8. That additional site-specific conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 9. Two copies of a written report shall be submitted to the DWQ within 14 days of the dredging activity to document the need for the dredging and post-depth soundings, and placement of dredged material. 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. 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 also 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, 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: 11 February 1997. DIVISION OF ENVIRO ENTAL MANAGEMENT B ~~ `ti Y A. Preston Hove; JR. P . E . Director gencert.emg WQC # 3123