HomeMy WebLinkAboutGC 3105GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 16 (RETURN
WATER FROM UPLAND CONTAINED DISPOSAL AREAS)
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 wetlands as
described in 33 CFR 330 Appendix A (B) (16) of the Corps of Engineers
regulations (i.e., Nationwide Permit No. 16).The category of
activities shall include the discharge of return water from an upland,
contained dredge disposal area. This certification replaces Water
Quality Certification Number 1273 issued in November 10, 1978 and
Water Quality Certification Number 2668 issued on January 21, 1992.
This WQC is rescinded when the Corps of Engineers reauthorize
Nationwide Permit 16 or when deemed appropriate by the Director of the
DWQ.
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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 water or
wetlands for this General Certification requires written
concurrence from the Division of Water Quality;
2. That the discharge will be free from toxic pollutants in
violation of state water quality standards;
3. That the terminal end of the pipeline from the dredge into
the retention area be positioned at a maximum distance from
spillways to allow adequate settling of suspended solids and
a sufficient distance from any part of the dike so as to
preclude dike erosion by the pipeline discharge;
4. That a water control structure be installed at the intake
end of the effluent leading from the retention area in order
to insure maximum settling of suspended solids and control
of discharge volumes;
5. That the flow from the diked retention area be contained by
pipe, metal or wooden trough, or similar device to a point
waterward of any emergent vegetation along the shoreline
unless it can be clearly shown by the applicant that a
different design will result in less environmental impact;
6. That sufficient freeboard be maintained within the diked
disposal area during the dredging operation to assure the
integrity of the dike structure and the containment of the
dredged material;
7. Hydraulic dredging in piedmont and mountain lakes (as well
as some locations in the coastal plain when specified by
DWQ) which utilize an upland diked disposal basin with a
return pipe for the return water shall utilize the "two
basin" design as shown on the attached sketch or have
written approval from DWQ to vary from this design. The
applicant shall contact DWQ for specifications regarding
this design;
8. That the concentration of settleable solids in the effluent
being discharged from the diked disposal area be no greater
than 0.1 ml/1;
9. The appropriate turbidity water quality standard shall not
be exceeded or be above ambient background levels (whichever
is more stringent) beyond an appropriate mixing zone if one
is established for a project by DWQ (50 NTUs in streams and
rivers not designated as trout waters by DEM; 25 NTUs in all
saltwater classes, and all lakes and reservoirs; and 10 NTUs
in trout waters);
10. All sediment and erosion control measures placed in wetlands
or waters shall be removed and the natural grade restored
after the Division of Land Resources has released the
project;
11. If an environmental document is required, this Certification
is not valid until a FONSI or ROD is issued by the State
Clearinghouse;
12. That the disposal area dikes be stabilized with vegetative
cover as soon as possible after construction to minimize
erosion;
13. That the timing of the dredging and discharge shall be
.addressed by the applicant in order to lessen impact on
aquatic organisms and their reproduction. This timing shall
comply with dredging windows established by the "Corps-State
Interagency Seasonal Work Group on Seasonal Dredging
Periods" where applicable;
14. That 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;
15. Concurrence from DWQ that this Certification applies to any
individual project shall expire three years from the date of
the cover letter from DWQ.
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, 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: 11 February 1997.
DIVISION OF WAT Q ALITY
By '
A, reston d, Jr. P.E.
Director
gencert.l6
WQC # 3105
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