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HomeMy WebLinkAboutGC 3356WQC #3355 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENG[NEERS REGIONAL (GENERAL) PERMIT NUMBER199404319 (TO EXCAVATE AND DISCHARGE DREDGED MATERIALS ASSOCIATED WITH EXISTING AND ONGOING SAND AND GRAVEL MINING IN NAVIGABLE WATERS AND WATERS OF THE UNITED STATES, OUTSIDE THE TWENTY COASTAL COUNTIES, IN THE STATE OF NORTH CAROLINA) 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 the discharge of fill material to waters and wetland areas as described in the Wilmington District's Regional (General) Permit Number 199404319 (To Excavate and Discharge Dredged Materials Associated with Existing and Ongoing Sand and Gravel Mining in Navigable Waters and Waters of the United States, Outside the Twenty Coastal Counties, in the State of North Carolina). This Certification replaces Water Quality Certification Number 3023 issued on September 6,1995 Certification Number 3128 issued on February 11,1.997. This WQC is rescinded when the Carps of Engineers re-authorizes the Regional (General) Permit or when deemed appropriate by the Director of the DWQ.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. 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. 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; 4. 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; 5. The discharge will be free from toxic pollutants in other than trace quantities; 6. The disposal area dikes will be stabilized with vegetative cover as soon as possible after construction to minimize erosion; 7. Measures shall betaken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; WQC #3355 8. 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; 9. 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; 10. 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; 11. Concurrence from DWQ that this Certification applies to an individual project shat! expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of these corresponding Nationwide and Regional General Permits, whichever is sooner; 12. 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, 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: l8 March 2002 DIVISION OF WATER QUALITY By Greg J. T orpe, Ph. . Acting Director WQC # 3355 WQC #3356 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS REGIONAL GENERAL PERMIT FOR EXCAVATION AND DISCHARGE OF DREDGED MATERIALS ASSOCIATED WITH RECREATIONAL PLACER MINING ACTIVITIES IN NAVIGABLE WATERS AND WATERS OF THE UNITED STATES, WITHIN KNOWN GOLD BELTS IN THE STATE OF NORTH CAROLINA 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 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of fill material to waters and wetland areas which are waters of the United States as described in 33 CFR 325 Appendix A of the Corps of Engineers regulations. This Certification replaces Certification Number 3126 issued on February 11,1997. This WQC is rescinded when the Corps of Engineers re-authorizes the associated Regional (General} Permit or when deemed appropriate by the Director of the Division of Water Quality. 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. If any condition in this Certification cannot be met, application to and written concurrence from DWQ are required. Also, Condition No. 8 is applicable to all streams in basins with riparian area protection rules;. 2. All applicants must notify DWQ in writing in conjunction with notification of the U.S. Army Corps of Engineers; 3. Mining shall be prohibited from streams classified as Outstanding Resource Waters, High Quality Waters (e.g., WS-l, WS-II) or Trout waters as described in 15A NCAC 2B .0100 rules. The applicant should contact the appropriate DWQ Regional or Central office to determine if the waterbody has any of these supplemental classifications; 4. Mining shall be prohibited from waterbodies identified by the Natural Heritage Program as a suspected/potential location for federal or state species listed as endangered or threatened. The applicant must contact the NC Natural Heritage Program for this determination; 5. The number of dredges operating at the same time in a single stream will be limited to the satisfaction of the U.S. Army Corps of Engineers; 6. 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; 7. 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; 8. The discharge shall be free from toxic pollutants in other than trace quantities; WQC #3356 9. 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; 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. The spoil pile and/or tailings that are discharged should not alter the natural flow of the waterbody; 12. Fueling, lubrication and general equipment maintenance should take place no closer than 50 feet of a waterbody or wetlands to prevent contamination by fuels and oils; 13. 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; 14. 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; 15. 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 these corresponding Nationwide and Regional General Permits, whichever is sooner; 16. 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, 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: l8 March 2002 DIVISION OF WATER QUALITY By Greg J pe, Ph. . WQC # 3356 Acting Dire r