HomeMy WebLinkAboutGC 3359WQC #3359
GENERAL CERTIFICATION FOR UNDERWATER ARCHAEOLOGICAL WORK
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 15 NCAC 2B .0200 for the discharge of fill
material to navigable water and wetlands to remove sediment overburden associated with
underwater investigations of archaeological or historical sites and scientific salvage during
removal or re-deposition of excavated hulls. This Certification replaces Water Quality Certification
Number 2680 issued on January 21,1992 and Certification Number 3118 issued on February 11,
1997. This WQC .may be rescinded when deemed appropriate by the Director of the DWQ.
The State of North Carolina certifies that the above 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 hereafter set forth.
Conditions of Certification:
1. Activity proposed under this General Certification requires application to and prior written
concurrence from the Division of Water Quality;
2. The work shall be in accordance with written plans developed in consultation with the
State Historic Preservation Office in the Department of Cultural Resources and others as
appropriate;
3. Work in submerged aquatic vegetation beds, actively managed shellfish beds and ORW
waters classified by the Division of Water Quality shall be excluded from this General
Certification;
4. That the activity may be recurrent at a given location during the length of this Certification;
5. Measures to control turbidity shall be proposed by the applicant and may be specified in
the written concurrence from the Division of Water Quality;
6. All sediment and erosion control measures placed in wetlands or waters shall be removed
and the original grade restored within two months after the Division of Land Resources has
released the project;
7. If an environmental document is required, this Certification is not valid until a Finding of No
Significant Impact (FONSI} or Record of Decision (ROD} is issued by the State
Clearinghouse;
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. 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;
10. Additional site-specific conditions may be added to projects for which written concurrence
is required or requested under this Certification in order to ensure compliance with all
applicable water quality and effluent standards;
WQC #3359
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 these corresponding Nationwide and Regional General Permits,
whichever is sooner;
12. 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;
13. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed.
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 that requires
written concurrence under this certification, 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, stream 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: l 8 March 2002
DIVISION OF WATER QUALITY
By
Acting D
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