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HomeMy WebLinkAboutGC 3256WETLAND AND STREAM RESTORATION AND CREATION CERTIFICATION GENERAL CERTIFICATION PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 27 (WETLAND AND RIPARIAN RESTORATION AND CREATION ACTIVITIES) This General Certification is issued inconformity 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 .0500 and 15A NCAC 2B.0200 for the discharge of fill material to waters as described in 33 CFR 330 Appendix A (B) (27) of the Corps of Engineers regulations (i.e. Nationwide Permit Number 27) for wetland and riparian restoration and creation activities. This Certification replaces Water Quality Certification (WQC) Number 3027 issued on 6 September 1995 and 3109 issued on 11 February 1997. This WQC is rescinded when the Corps of Engineers reauthorizes Nationwide Permits or when deemed appropriate by the Director of the Division of Water Quality (DWQ).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 set forth. Conditions of Certification: 1. Proposed fill or substantial alteration of waters or wetlands for this General Certification requires written application to and approval from the Division of Water Quality except as specified below; Projects which are proposed under this General Certification do not require written application to and approval from the Division of Water Quality if they are projects undertaken by the N.C. Wetlands Restoration Program, Clean Water Management Trust Fund, U.S. Natural Resources Conservation Service or Section 319 projects. In these cases, the applicant is required to notify the Division in writing with three copies of project specifications before the impact occurs. If the Division determines that the project would not result in an ecologically viable wetland and riparian area, then the Division shall notify the applicant in writing within 30 days of receipt of the notification with an explanation and requirement for application and payment of the appropriate fee; 3. Appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Erosion and Sediment Control Planning and Design Manual" or "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources at the DENR Regional and Central Offices) shall be designed, installed and maintained properly to assure compliance with 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; l0 NTUs in DWQ- classified trout waters); 4. 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 or local delegated program has released the project; 5. Masures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 6. If an environmental document is required, this Certification is not valid until a Finding of No Significant Impactor Record of Decision is issued by the State Clearinghouse; 7. Additional site-specific conditions maybe added to projects which require written concurrence under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 8. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or the notification sent to DWQ. Non-compliance with or violation of the conditions herein set forth by a specific 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 maybe 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: November 22, 1999 DIVISION OF WATER QUALITY By ~~ Kerr T. Stevens Director WQC # 3256