HomeMy WebLinkAboutGC 3114GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 33 TEMPORARY
CONSTRUCTION, ACCESS AND DEWATERING)
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 33 CFR 330 Appendix A (B) (33) of the Corps of
Engineers regulations (i.e., Nationwide Permit No. 33}. The category
of activities shall include any fill activity for temporary
construction, access and dewatering. This Certification replaces
Water Quality Certification Number 2727 issued on May 1, 1992. This
WQC is rescinded when the Corps of Engineers reauthorize Nationwide
Permit 33 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 appropriate 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 waters or
wetlands for this General Certification does not require
written concurrence from the Division of Water Quality as
long as its complies with all conditions of this General
Certification;
2. That appropriate sediment and erosion control practices that
equal or exceed those outlined in the most recent edition of
the "North Carolina Sediment and Erosion Control Planning
and Design Manual" or the "North Carolina Surface Mining
Manual" (available from the Division of Land Resources in
the DEHNR Regional or Central Offices) are utilized to
prevent exceedances of the appropriate turbidity water
quality standard (50 NTUs in streams and rivers not
designated as trout waters by DWQ; 25 NTUs in all saltwater
classes, and all lakes and reservoirs; and 10 NTUs in trout
waters) ;
3. 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 releases the project;
4. All temporary fill shall be removed to the original grade
after construction is complete and the site shall be
stabilized to prevent erosion;
5. If an environmental document is required, this Certification
is not valid until a FONSI or ROD is issued by the State
Clearinghouse;
6. Pipes shall be installed under the road or causeway in all
streams to carry at least the 25 year storm event as
outlined in the most recent edition of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" or
the "North Carolina Surface Mining Manual" so as not to
restrict stream flow during use of this Certification;
7. Concurrence from DWQ that this Certification applies to an
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 also 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 F WATER UAL TY
By
A. Preston I~e~zar r. P.E.
Director
gencert.33
WQC # 3114