HomeMy WebLinkAboutWQC 3648WQC #3648
GENERAL CERTIFICATION FOR THE CORPS OF ENGINEERS DREDGING ACTIVITIES
INVOLVING BANK DISPOSAL OF DREDGED MATERIAL IN THE CAPE FEAR RIVER
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 dredging of
sediment in the Cape Fear River and disposal in the bank manner from Mileboard 30 near
Riegelwood to Mileboard 115 near Fayetteville, North Carolina. This Certification replaces
Certification Number 3119 issued on February 11, 1997 and WQC Number 3358 issued March
18, 2002. This WQC is rescinded when deemed appropriate by the Director of the Division of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 or substantial modification of wetlands or waters (including streams) under
this General Certification requires application to and prior written concurrence from the
Division of Water Quality;
2. When dredge activity is near the vicinity of locks and dams or in areas where the
discharge line from the dredge cannot reach shore, dredged material or sediments shall be
deposited by the thin layer disposal method developed by the U.S. Army Corps of
Engineers;
3. Dredged material or sediments shall not be discharged directly in shore-line areas with
depth of less than three (3) feet deep (to minimize centrarchid spawning habitat loss) or in
deep holes greater than thirty (30) feet deep (to minimize catfish habitat loss);
4. Dredging shall be done only during the months of September through January as
recommended by the "Seasonal Restriction Working Group" organized by the U.S. Army
Corps of Engineers;
5. Turbidity shall not exceed the water quality standard of 50 NTUs outside of a suitable
mixing zone as specified by the DWQ. Methods may include silt curtains, reducing
dredging intensity, or other practicable methods to ensure minimization of turbidity during
project construction.;
6. A 24 hour advance notice of dredging operations upstream of Lock and Dam No. 1 should
be submitted to the City of Wilmington Public Utilities Department to help them avoid
receiving a slug of poor quality raw water;
7. All sediment and erosion control measures placed in wetlands or waters shall be removed
and the natural grade restored within two months after the Division of Land Resources has
released the project;
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. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
WQC #3648
10. 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;
11. 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;
12. 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;
13. 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: 19 March 2007
DIVISION OF WATER QUALITY
By
r
Alan W. Klimek, P.E.
Director
WQC # 3648