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HomeMy WebLinkAboutGC 3257STREAM RESTORATION CERTIFICATION GENERAL CERTIFICATION FOR STREAM RESTORATION PROJECTS INCLUDING THOSE ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 13 AND 27 AND REGIONAL PERMIT 197800080 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 .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters as described in 33 CFR 330 Appendix A (B) (13) and (27) of the Corps of Engineers regulations (i.e. Nationwide Permit Numbers 13 and 27) and Regional Permit 197800080. The category of activities shall include stream bank stabilization or stream restoration activity as long as impacts to waters or significant wetlands are minimized. This Certification replaces Water Quality Certification (WQC) Number 1663 issued on September 8,1983; WQC No. 1272 issued November 10,1978; WQC No. 2665 issued on 21 January 1992; and WQC No. 2102 issued on February 11,1997. This WQC is rescinded when the Corps of Engineers reauthorize Nationwide Permits 13 or 27 or Regional Permit 197800080 or when deemed appropriate by the Director of the Division of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 stream restoration efforts (as defined and limited below) do not require written application to and approval from the Division of Water Quality and therefore do not require payment of an application fee to the Division of Water Quality unless they are directly associated with a development or road construction project. Stream restoration is defined as the process of converting an unstable, altered or degraded stream corridor, including adjacent riparian zone and floodprone areas to its natural or referenced, stable conditions considering recent and future watershed conditions. This process also includes restoring the geomorphic dimension, pattern and profile as well as biological and chemical integrity, including transport of water and sediment produced by the stream's watershed in order to achieve dynamic equilibrium. The applicant is required to notify the Division in writing with three copies of a detailed restoration or stream bank stabilization plan before the impact occurs. If the Division determines that the project does not meet the above definition of stream restoration, then the Division shall notify the applicant in writing with an explanation within 30 days of receipt of the notification to require application and payment of the appropriate fee. 2.. 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 inDWQ-classified 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 or delegated program has released the project; 4. All riprap shall be of such a size so as not to be able to be carried off by wave or current action and consist of clean rock or masonry material free of debris or toxic pollutants. Riprap shall not be installed in the streambed unless required for velocity control and approved by the Division of Land Resources and Water Quality. However rock veins, wing deflectors, weirs and similar structures which direct flow from the bank toward the thalweg (deepest point of the stream's cross section) of the channel are acceptable; 5. Measures 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 may be 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 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: November 22, 1999 DIVISION OF WATER QUALITY By Kerr T. Stevens Director WQC # 3257