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HomeMy WebLinkAboutGC 2176GENERAL CERTIFICATION THIS GENERAL CERTIFICATION is issued in conformity with J the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15NCAC2H, Section .0500 for the discharge of fill material to navigable waters or adjacent wetlands areas,which are .; above the headwaters or to wetland areas that, are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i, e . isolated wetlands) as described in 33 CFR 330.5 (a) (26) of the Corps of Engineers' regulations. The category of activities shall include any fill activity in these headwaters and isolated wetlands areas where the activity does not result in the loss or substantial modification of 10 acres or more of waters of the United States, including wetlands. The State of North Carolina certifies that the specified category of activity will not violate 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 1 to 10 acres of such waters, including wetlands, requires a written concurrence from the Division of Environmental Management. Activities involving less than one acre do not require written concurrence. 2. Excluded from this General Certification are discharges of fill in waters classified WS I, II, or I II (public water supplies ) and SA (shellfish waters). This exclusion also applies to fill in wetlands adjacent to these waters . Discharge proposed for these waters or wetlands must be considered for certification on a case-by-case basis; - 2 - 3. That the discharge will consist of suitable material free from toxic pollutants in other than trace quantities; 4. That established erosion control practices are utilized to prevent excessive increases in turbidity and settleable solids concentrations in ~~ the water body as a result of the discharge; 5. That the discharge of fill material shall be in accordance with the conditions and management practices specified by the Corps of Engineers in 33 CFR 330.5 and 330.6 for nationwide permit number 26. 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. The Director of the North Carolina Division of Environmental Management may require submission of a formal application for 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 are precluded. Public Hearings may be held for specific applications or group of applications prior to Certification if deemed in the public's best interest by the Director of the North Carolina Division of Environmental Management. k This the ~'"~ d a o f ~ ~,,, G r ~ ~~' ~ ~ . Y DIVISION OFD ENVIRCIN NT~ MANAGEMENT ,~ ~ ` ~ ~ ' ~ ~ ~ tom, - ~~.. , . ~ c ~ ~=- R. Paul «ilms, Director WQC # 2176