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HomeMy WebLinkAboutGC 3363WQC #3363 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 16 RETURN WATER FROM UPLAND CONTAINED DISPOSAL AREAS} 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 fill material to waters and wetlands as described in 33 CFR 330 Appendix A (B} (16} of the Corps of Engineers regulations (i.e., Nationwide Permit Na.16).The category of activities shall include the discharge of return water from an upland, contained dredge disposal area. This certification replaces Water Quality Certification Number 1273 issued in November 10,1978, Certification Number 2668 issued on January 21,1992and Certification Number 3105 issued on February 11,1997. This WQC is rescinded when the Corps of Engineers reauthorize Nationwide Permit 16 or when deemed appropriate by the Director of the DWQ.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, 306 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. Proposed fill or substantial modification of wetlands or waters (including streams} under this General Certification requires application to and prior written concurrence from the Division of Water Quality; 2. That the discharge will be free from toxic pollutants in violation of state water quality standards; 3. That the terminal end of the pipeline from the dredge into the retention area be positioned at a maximum distance from spillways to allow adequate settling of suspended solids and a sufficient distance from any part of the dike so as to preclude dike erosion by the pipeline discharge. Effluent shall be released waterward of emergent marsh or tidal flats when located within these systems; 4. That a water control structure be installed at the intake end of the effluent {ead'rng from the retention area in order to insure maximum settling of suspended solids and control of discharge volumes; 5. That the flow from the diked retention area be contained by pipe, metal or wooden trough, or similar device to a point waterward of any emergent vegetation along the shoreline unless it can be clearly shown by the applicant that a different design will result in less environmental impact; 6. That sufficient freeboard be maintained within the diked disposal area during the dredging operation to assure the integrity of the dike structure and the containment of the dredged material; 7. Native forested vegetation shall be re-established in any construction. access or other temporary impact area within the next growing season following construction of a project; 8. Hydraulic dredging in piedmont and mountain lakes (as well as some locations in the coastal plain when specified by DWQ} which utilize an upland diked disposal basin with a return pipe for the return water shall utilize the "two basin" design as shown on the attached sketch or have written approval from DWQ to vary from this design. The applicant shall contact DWQ for specifications regarding this design; WQC #3363 9. That the concentration of settleable solids in the effluent being discharged from the diked disposal area be no greater than 0.1 ml/l; 10. The appropriate turbidity water quality standard shall not ~e exceeded or be above ambient background levels (whichever is more stringent) beyond an appropriate mixing zone if one is established for a project by DWQ (50 NTUs in streams and rivers not designated as trout waters by DEM; 25 NTUs in all saltwater classes, and all lakes and reservoirs; and 10 NTUs in trout waters); 11. 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; 12. 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; 13. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened; 14. 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; 15. That the disposal area dikes be stabilized with vegetative cover within seven days after construction to minimize erosion; 16. That the timing of the dredging and discharge shall be addressed by the applicant in order to lessen impact on aquatic organisms and their reproduction. This timing shall comply with dredging windows established by the "Corps-State Interagency Seasonal Work Group on Seasonal Dredging Periods" where applicable; 17. 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; 18. 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; 19. 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. WQC #3363 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: l8 March 2002 DIVISION OF WATER QUALITY By Acting Dir WQC # 3363