HomeMy WebLinkAboutGC 3300FIRE PLOW LINE TRAINING CERTIFICATION
GENERAL CERTIFICATION FOR PROTECTS ELIGIBLE FOR CORPS OF ENGINEERS REGIONAL
(GENERAL) PERMIT NUMBER 199303393 FOR THE DISCHARGE OF DREDGED OR FILL MATERIAL
ASSOCIATED WITH THE CONSTRUCTION OF FIRE PLOW LINES FOR THE PURPOSE OF TRAINING
FOREST EQUIPMENT OPERATORS
AND NEUSE/TAR-PAMLICO BUFFER RULES
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, Section .0500 and 15A NCAC 2B .0200 for the discharge of till material to waters and wetland areas as
described in Regional (General) Permit Number 199303393 and for the Neuse, Tar-Pamlico and Randleman Buffer
Rules (15A NCAC 2B .0233, .0259 and .0250). The category of activities shall include any till activity for the
construction of fire plow lines for the purpose of training forest fire equipment operators by the U.S. Forest Service or
N.C. Division of Forest Resources within non-tidal waters of the U.S: in the State of North Carolina. This Certification
replaces Water Quality Certification Number 2862 issued on January 24, 1994 and Water Quality Certification Number
3125 issued on February 1 1, 1997. This WQC is rescinded when the Corps of Engineers reauthorizes Regional
(General) Permit 199303393 or when deemed appropriate by the Director of the DWQ.
The State of North Carolina certifies that the specified category of activity will not violate applicable portions
of Sections 301, 302, 303, 30b 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 as long as they comply
with all conditions of this General Certification. Any condition in this Certification which the applicant
believes cannot be met requires an application and written concurrence from DWQ;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any application fora 401 Water
Quality Certification must include the appropriate fee. If a project also requires a LAMA Permit, one
payment to both agencies shall be submitted and will be the higher of the two fees;
3. In accordance with 15A NCAC 2H ..0506 (h) compensatory mitigation may be required for impacts to streams
and/or wetlands. In addition, buffer mitigation may be required for any project with Buffer Rules in effect at
the time of application. A determination of buffer, wetland and stream mitigation requirements shall be made
for any Certification for this Nationwide Permit. The most current design and monitoring protocols from
DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols;
4. Impacts to any stream length in the Neuse, Tar-Pamlico and Randleman River Basins requires written
concurrence from DWQ in accordance with 15A NCAC 26.0233, 15A NCAC 2B .0259 and .0250. Clearing
activities located in the protected 50-toot wide riparian areas (whether jurisdictional wetlands or not) within
the Neuse, Tar-Pamlico and Randleman River Basins shall be limited to "uses" identified within and
performed in accordance with 15A NCAC 2B .0233, 15A NCAC 2B .0259 and .0250. All new clearing
activities shall be located and performed to have minimal .disturbance to protect water quality to the maximum
extent practicable through the use of best management practices;
5. Training activities which impact one acre (0.405 ha) or less of wetlands at locations previously
approved by the DWQ in Bladen, Brunswick, Columbus, Cumberland, Dare, Greene, Hyde, Jones
and Onslow Counties may be conducted without prior notification to DWQ;
6. Berms that separate the roads from any canals shall be repaired after the completion of any training
activity;
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 in the DENR Regional or Central Offices) shall be in full
compliance with al( specifications governing the proper design, installation, operation and
maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity
water quality standard;
8. 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;
9. If an environmental document is required, this Certification is not valid until a FONSI or ROD is
issued by the State Clearinghouse;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact with Waters of the State
until the concrete has hardened;
11. Compensatory mitigation shall not be required for this Certification unless more than one acre of
wetlands is permanently converted to upland. In this case, written approval is required from DWQ for the
wetland mitigation plan;
12. The applicant shall submit an annual report of the use of this General Certification to the 401
Certification Program no later than December 31 of each year. This report shall include a
summary of all training activities authorized by this Certification, the areas where the permit was used, the
lengths and widths of fire plow lines constructed, and any problems encountered or violations of the
conditions contained in this General Certification of the General Permit;
13. Additional site-specific conditions maybe added to projects proposed under this Certification in order to
ensure compliance with all applicable water quality and effluent standards;
14. 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 Regional General Permit 199303393.
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 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 2000
DIVISION OF WATER QUALITY
By
Kerr T. Stevens
Director
WQC # 3300