HomeMy WebLinkAboutGC 3126GENERAL CERTIFICATION
FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS REGIONAL GENERAL PERMIT
FOR EXCAVATION AND DISCHARGE OF DREDGED MATERIALS ASSOCIATED WITH
RECREATIONAL PLACER MINING ACTIVITIES IN NAVIGABLE WATERS AND WATERS
OF THE UNITED STATES, WITHIN KNOWN GOLD BELTS IN THE STATE OF__NORTH
CAROLINA
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 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200
for the discharge of fill material to waters and wetland areas which
are waters of the United States as described in 33 CFR 325 Appendix A
of the Corps of Engineers regulations. This WQC is rescinded when the
Corps of Engineers reauthorizes the associated Regional (General)
Permit or when deemed appropriate by the Director of the Division of
Water Quality.
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. These activities do not require written concurrence from the
Division of Water Quality provided they comply with all
conditions of this General Certification;
2. All applicants must notify DWQ in writing in conjunction with
notification of the U.S. Army Corps of Engineers;
3. Mining shall be prohibited from streams classified as
Outstanding Resource Waters, High Quality Waters (e.g., WS-I,
WS-II) or Trout waters as described in 15A NCAC 2B .0100
rules. The applicant should contact the appropriate DWQ
Regional or Central office to determine if the waterbody has
any of these supplemental classifications;
4. Mining shall be prohibited from waterbodies identified by the
Natural Heritage Program as a suspected/potential location
for federal or state species listed as endangered or
threatened. The applicant must contact the NC Natural
Heritage Program for this determination;
5. The number of dredges operating at the same time in a single
stream will be limited to the satisfaction of the U.S. Army
Corps of Engineers;
6. Appropriate sediment and erosion control practices which
equal or exceed those outlined in the most recent version 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) shall be 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);
7. 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 ;
8. If an environmental document is required, this Certification
is not valid until a FONSI or ROD is issued by the Sate
Clearinghouse;
9. The discharge shall be free from toxic pollutants in other
than trace quantities;
10. The spoil pile and/or tailings that are discharged should not
alter the natural flow of the waterbody;
11. Fueling, lubrication and general equipment maintenance. should
take place no closer than 50 feet of a waterbody or wetlands
to prevent contamination by fuels and oils;
12. 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 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 WATER QUALITY
By
A. Preston Howard, Jr., P.E.
Director
gencert.gld
WQC # 312 6