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HomeMy WebLinkAboutGC 3117GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS_ NATIONWIDE PERMIT NUMBER 40 (FARM BUILDINGS IN FARMED WETLANDS) 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} (40). This Certification replaces Water Quality Certification Number 2673 issued on January 21, 1992. This WQC is rescinded when the Corps of Engineers reauthorize Nationwide Permit 40 or when deemed appropriate by the Director of the DWQ.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 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 waters or wetlands for this General Certification requires written concurrence from the Division of Water Quality; 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 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 wetland or waters shall be removed and the natural grade restored after the Division of Land Resources has released the project; 4. If an environmental document is required, this Certification is not valid until a FONSI or ROD is issued by the State Clearinghouse; 5. 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; 6. 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 QUALITY By A. Preston Ho Jr. P.E. Director gencert.40 WQC # 3117