HomeMy WebLinkAboutGC 3123GENERAL CERTIFICATION FOR EMERGENCY DREDGING
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 emergency maintenance dredging activities in the coastal
navigable waters of the state when authorized by the Rivers and
Harbors Act of 1899 and which are initiated by the District Engineer
of the Wilmington District of the U.S. Army Corps of Engineers or the
Governor of North Carolina. This Certification replaces Water Quality
Certification Number 1333 and 1322R issued on June 12, 1987. This WQC
can be rescinded when deemed appropriate by the Director of the DWQ.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:
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1. Activities covered by this General Certification do not
require written concurrence from the Division of Water
Quality (DWQ) as long as they comply with all conditions of
this General Certification. DWQ staff in the Central and
appropriate DWQ Regional Office shall be contacted verbally
to determine whether this Certification is applicable;
2. This Certification is applicable only when the District
Engineer makes the determination that a rapid response is
required for frequent and unpredictable sand shoals forming
in an authorized channel such that it poses an immediate
threat to navigation;
3. The U.S. Army Corps of Engineers shall dredge by sidecasting
or other means most readily available and shall dispose of
the dredged material in open-water adjacent to the channel,
in a suitable diked upland disposal basin or along the ocean
beaches;
4. That appropriate sediment and erosion control practices
which 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 Central and Regional 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);
5. 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;
6. If an environmental document is required, this Certification
is not valid until a FONSI or ROD is issued by the State
Clearinghouse;
7. The spoil material shall be predominately sand. The
turbidity plume shall not impede the free passage of fish
adjacent to or downstream from the project. This
Certification does not relieve the Corps of Engineers or
their contractors from potential liability with respect to
any kills of fish or other aquatic life which may result;
8. 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;
9. Two copies of a written report shall be submitted to the DWQ
within 14 days of the dredging activity to document the need
for the dredging and post-depth soundings, and placement of
dredged material.
10. 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 OF ENVIRO ENTAL MANAGEMENT
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A. Preston Hove; JR. P . E .
Director
gencert.emg
WQC # 3123