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HomeMy WebLinkAboutGC 3352WQC #3352 FIRE PLOW LINE TRAINING CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS REGIONAL (GENERAL) PERMIT NUMBER 199303393 FOR THE DISCHARGE OF DREDGED OR FILL MATERIAL ASSOCIATED WITH THE CONSTRUCTION OF FIRE PLOW LINES FOR THE PURPOSE OF TRAINING FOREST EQUIPMENT OPERATORS 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 26 .0200 for the discharge of fill material to waters and wetland areas as described in Regional (General) Permit Number 199303393 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. The category of activities shall include any fill activity for the construction of fire plow lines for the purpose of training forest fire equipment operators by the U.S. Forest Service or N.C. Division of Forest Resources within non-tidal waters of the U.S. in the State of North Carolina. This Certification replaces Water Quality Certification Number 2862 issued on January 24,1994 and Water Quality Certification Number 3125 issued on February 11,1997. This WQC is rescinded when the Corps of Engineers re-authorizes Regional (General) Permit 199303393 or when deemed appropriate by the Director of the DWQ.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. These activities do not require written concurrence from the Division of Water Quality as long as they comply with all conditions of this General Certification. Any condition in this Certification which the applicant believes cannot be met requires an application and written concurrence from DWQ; 2. In accordance with North Carolina General Statute Section 143-215.3D(e), any application 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; 3. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to streams and/or wetlands. In addition, buffer mitigation may be required for any project with Buffer Rules in effect at the time of application. 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; 4. 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 26.0200. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. Clearing 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 performed in accordance with 15A NCAC 2B .0200. All new clearing activities shall be located and performed to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; WQC #3352 5. Training activities which impact one acre (0.405 ha) or less of wetlands at locations previously approved by the DWQ in Bladen, Brunswick, Columbus, Cumberland, Dare, Greene, Hyde, Jones and Onslow Counties may be conducted without prior notification to DWQ; 6. Berms that separate the roads from any canals shall be repaired after the completion of any training activity; 7. 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 in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation, operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 8. 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; 9. If an environmental document is required, this Certification is not valid until a FONSI or ROD is issued by the State Clearinghouse; 10. Measures shall be taken to prevent live or fresh concrete from coming into contact with Waters of the State until the concrete has hardened; 11. Compensatory mitigation shall not be required for this Certification unless more than one acre of wetlands is permanently converted to upland. In this case, written approval is required from DWQ for the wetland mitigation plan; 12. The applicant shall submit an annual report of the use of this General Certification to the 401 Certification Program no later than December 31 of each year. This report shall include a summary of all training activities authorized by this Certification, the areas where the permit was used, the lengths and widths of fire plow lines constructed, and any problems encountered or violations of the conditions contained in this General Certification of the General Permit; 13. 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; 14. 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 General Permit 199303393; 15. 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 also result in criminal andlor civil penalties. WQC #3352 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: l8 March 2002 DIVISION OF WATER QUALITY By Acting Director WQC # 3352