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HomeMy WebLinkAboutGC 3274CAMA PERMIT CERTIFICATION GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT) AND NEUSE/TAR-PAMLICO BUFFER RULES This General Certification is issued inconformity with requirement 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 as described in General Permit 198000291 and for the Neuse and Tar-Pamlico Buffer Rules (15A NCAC 2B .0233 and .0259). This Certification replaces Water Quality Certification Number 3025 issued on September 6, 1995 and Water Quality Certification Number 3112 issued on February 11,1997. This WQC is rescinded when the Corps of Engineers reauthorizes Regional General Permit 0291 or when deemed appropriate by the Director of DWQ.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 conditions hereinafter set forth. Conditions of Certification: 1. Activities authorized by CAMA major permits require written concurrence from the Division of Water Quality as well as compliance with all conditions of this General Certification; 2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General Permits do not require written authorization from the Division of Water Quality as long as they comply with all other conditions of this General Certification; 3. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written concurrence fora 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. The fee shall be collected and distributed between the two agencies in accordance with agreements reached between the Division of Water Quality and the Division of Coastal Management; 4. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins requires written concurrence from DWQ in accordance with 15A NCAC 2B.0233 and 15A NCAC 2B~ .0259. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B .0233 and 15A NCAC 2B .0259. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 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 has released the project; 6. If an environmental document is required, this Certification is not valid until a Finding of No Signficant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. All water quality-related conditions of the FONSI or ROD shall become conditions of this Certification; 7. 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" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 8. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 9. Additional site-specific conditions maybe added to projects which have applied for LAMA major permits which are proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 10. When written concurrence is required, the applicant is required to use the enclosed Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 11. 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 on the same day as the expiration date of the corresponding General Permit 198000291, whichever is sooner. 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 andlor 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: 1 June 2000 DIVISION OF WATER QUALITY By ~~`~ Ken T. Stevens Director WQC# 3274