HomeMy WebLinkAboutGC 3128GENERAL CERTIFICATION
FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS GENERAL PERMIT NUMBER
199404319 PTO EXCAVATE AND DISCHARGE DREDGED MATERIALS ASSOCIATED WITH
EXISTING AND ONGOING SAND AND GRAVEL MINING IN NAVIGABLE WATERS AND
WATERS OF THE UNITED STATES, OUTSIDE THE TWENTY COASTAL COUNTIES, 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 Certification replaces
Water Quality Certification Number 3023 issued on 6 September 1995.
This WQC is rescinded when the Corps of Engineers reauthorize Regional
(General) Permit 199404319 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 (DWQ) as long as they comply with all
conditions of this General Certification;
2. That 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" of the "North Carolina Surface Mining Manual" (available
from the Division of Land Resources in the DEHNR Regional of
Central Office) 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 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 the discharge will be free from toxic pollutants in other
than trace quantities;
6. That the disposal area dikes be stabilized with vegetative cover
as soon as possible after construction to minimize erosion;
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 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 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 UALITY
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A. Preston Howard, Jr. P.E.
Director
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WQC # 312 8