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HomeMy WebLinkAboutGC 3372WQC #3372 OCEAN DREDGE MATERIAL DISPOSAL CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS REGIONAL PERMIT 198000048 INVOLVING DISPOSAL OF DREDGED MATERIAL ON OCEAN BEACHES WITHIN NORTH CAROLINA AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES) 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 the Wilmington District's Regional (General) Permit Number 198000048 and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification Number 3120 issued on February 11,1997 and Water Quality Certification Number 3275 issued on June 1, 2000. This WQC is rescinded when the Regional Permit is re-authorized or when deemed appropriate by the Director of the Division of Water Quality.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. Proposed fill, dredging, excavation or other substantial modification of waters or wetlands or this General Certification requires written concurrence from the Division of Water Quality; 2. 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 LAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between the two agencies in accordance with agreements reached between the Division of Water Quality and the Division of Coastal Management; 3. Impacts to any stream length in the Neuse and Tar-Pamlico 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. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not.) within the Neuse and Tar-Pamlico 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; 4. If such activities should take place during periods of high biological activity (i.e. sea turtle nesting}, biological monitoring may be required at the request of other state or federal agencies and coordinated with these dredging activities; 5. The discharge shall be free of toxic substances in violation of state water quality standards; WQC #3372 6. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 7. 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; 8. 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; 9. 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 Permit 198000048, whichever is sooner; 10. 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 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: l 8 March 2002 DIVISION OF WATER QUALITY By Acting Dir WQC # 3372