General Certification--Nationwide Permit # 13 Bank Stabilization

ANDY BESHEAR REBECCA W. GOODMAN

GOVERNOR SECRETARY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION ANTHONY R. HATTON

COMMISSIONER

300 SOWER BOULEVARD

FRANKFORT, KENTUCKY 40601

KentuckyUnbridledSpirit.com An Equal Opportunity Employer M/F/D

General Certification--Nationwide Permit # 13

Bank Stabilization

This General Certification is issued December 18, 2020, in conformity with the

requirements of Section 401 of the Clean Water Act (CWA) of 1977, as amended (33

U.S.C. §1341), as well as Kentucky Statute KRS 224.16-050.

For this General Certification and all General Certifications of Nationwide Permits

(NWP), the term ‘surface water’ is defined pursuant to 401 KAR Chapter 10, Section

1(72): Surface Waters means those waters having well-defined banks and beds, either

constantly or intermittently flowing; lakes and impounded waters; marshes and wetlands;

and any subterranean waters flowing in well-defined channels and having a demonstrable

hydrologic connection with the surface. Lagoons used for waste treatment and effluent

ditches that are situated on property owned, leased, or under valid easement by a

permitted discharger are not considered to be surface waters of the Commonwealth.

As required by 40 CFR Part 121 – State Certification of Activities Requiring a

Federal License or Permit, all conditions include a statement explaining why the condition

is necessary to assure that any discharge authorized under the general permit will comply

with water quality requirements and a citation to federal, state, or tribal law that authorizes

the condition. The statements and citations are included with each condition. The

statements are written entirely at the end of the certification under the section Statements

of Necessity.

Agricultural operations, as defined by KRS 224.71-100(1) conducting activities

pursuant to KRS 224.71-100 (3), (4), (5), (6), or (10) are deemed to have certification if

they are implementing an Agriculture Water Quality Plan pursuant to KRS 224.71-145.

The Commonwealth of Kentucky hereby certifies under Section 401 of the CWA

that it has reasonable assurances that applicable water quality standards under Kentucky

Administrative Regulations Title 401, Chapter 10, established pursuant to Sections 301,

302, 303, 306 and 307 of the CWA, will not be violated for the activity covered under

NATIONWIDE PERMIT 13, namely Bank Stabilization, provided that the conditions in the

certification are met. Activities that do not meet the conditions of this General Certification

require an Individual Section 401 Water Quality Certification.

General Certification--Nationwide Permit # 13

Bank Stabilization

Page 2

1. Activities occurring within surface waters assessed by the Kentucky Division of

Water as designated or Outstanding State Resource Waters, National Resource

Waters, Cold Water Aquatic Habitat, Exceptional Waters, or identified as candidate

Outstanding State Resource Waters or candidate Exceptional Waters are not

authorized under this General Certification and require an Individual Certification.

[Statement A and citations KRS 224.70-110, 401 KAR 10:030, Section 1(1),

Section 1(2), & Section 1(3); and 401 KAR 10:031, Section 4(2) & Section 8]

2. Activities impacting surface waters assessed by the Kentucky Division of Water as

impaired for warm water or cold water aquatic habitat where the parameter or

source is related to habitat* are not authorized under this General Certification and

require an Individual Certification. [Statement B and citations KRS 224.70-110 and

401 KAR 10:031, Section 2 & Section 4]

*These include waters impaired by the parameter 'habitat assessment', 'combined biota/habitat

bioassessment' or any parameter from the parameter group 'habitat alterations, and/or waters

where the parameter identified as a cause of impairment has a source from the source group

'habitat impacts'.

3. Activities impacting surface waters assessed by the Kentucky Division of Water as

full support for warm water or cold water aquatic habitat are not authorized under

this General Certification and require an Individual Certification. [Statements A and

B and citations KRS 224.70-110 and 401 KAR 10:031, Section 2 & Section 4]

4. The activity will not occur within surface waters identified as perpetually-protected

mitigation sites (e.g., deed restriction or conservation easement). [Statement C

and citations KRS 224.70-110, 401 KAR 10:030, Section 1(3); and 40 C.F.R.

230.97]

5. Activities with cumulative temporary and permanent impacts greater than 1/2 acre

of wetland or 500 linear feet of surface waters are not authorized under this

General Certification and require an Individual Certification. If opposite banks are

stabilized, impacts to both banks are summed together to calculate the cumulative

impact. [Statement A and citations KRS 224.70-110, 401 KAR 10:030, Section

1(3)(b) & Section 1(4)(b); and 401 KAR 10:031, Section 2 & Section 4]

6. Surface water impacts covered under this General Certification and undertaken by

those persons defined as an agricultural operation under the Agricultural Water

Quality Act must be completed in compliance with the Kentucky Agricultural Water

Quality Plan (KAWQP). [Statements A and F and citations KRS 224.71-145(1),

401 KAR 10:030, Section 1(3)(b) & Section 1(4)(b); and 401 KAR 10:031, Section

2 & Section 4]

7. Stream relocation, realignment, straightening, and/or widening are not authorized

under this General Certification and require and Individual Certification. [Statement

D and citations KRS 224.70-110, 401 KAR 10:030, section 1(3)(b) & Section

1(4)(b); and 401 KAR 10:031, Section 2 & Section 4]

General Certification--Nationwide Permit # 13

Bank Stabilization

Page 3

8. The use of creek rock for bank stabilization; grouted rip-rap; unformed, poured

grout; unformed, poured concrete; poured asphalt; or asphalt pieces is not

authorized under this General Certification and requires an Individual Certification.

Poured concrete or grout will be authorized under this General Certification when

contained by tightly sealed forms or cells. Equipment shall not discharge waste

washwater into surface waters at any time without adequate wastewater

treatments. [Statement A and citations KRS 224.70-110, 401 KAR 10:030, Section

1(3)(b) & Section 1(4)(b); and 401 KAR 10:031, Section 2 & Section 4]

9. New stormwater detention/ retention basins constructed in surface waters or

modifications to stormwater detention/ retention basins resulting in the reduction

in reach or that cause impairment of flow of surface waters are not authorized

under this General Certification and require an Individual Certification. [Statement

A and citations KRS 224.70-110, 401 KAR 10:030, Section 1(3)(b) & Section

1(4)(b); and 401 KAR 10:031, Section 2 & Section 4]

10. Erosion and sedimentation pollution control plans and Best Management Practices

(BMPs) must be designed, installed, and maintained in effective operating

condition at all times during construction activities so that violations of state water

quality standards do not occur. [Statements A and D and citations KRS 224.70-

110, 401 KAR 10:030, Section 1(3)(b) & Section 1(4)(b); and 401 KAR 10:031,

Section 2 & Section 4]

11. Sediment and erosion control measures, such as check-dams constructed of any

material, silt fencing, hay bales, etc., shall not be placed within surface waters,

either temporarily or permanently, without prior approval by the Kentucky Division

of Water’s Water Quality Certification Section. If placement of sediment and

erosion control measures in surface waters is unavoidable, design and placement

of temporary erosion control measures shall not be conducted in such a manner

that may result in instability of streams that are adjacent to, upstream, or

downstream of the structures. All sediment and erosion control devices shall be

removed and the natural grade restored within the completion timeline of the

activities. [Statements A and D and citations KRS 224.70-110, 401 KAR 10:030,

Section 1(3)(b) & Section 1(4)(b); and 401 KAR 10:031, Section 2 & Section 4]

12. Measures shall be taken to prevent or control spills of fuels, lubricants, or other

toxic materials used in construction from entering surface waters. [Statements A

and D and citations [KRS 224.70-110, 401 KAR 10:030, Section 1(3)(b) & Section

1(4)(b); and 401 KAR 10:031, Section 2 & Section 4]

13. Removal of riparian vegetation shall be limited to that necessary for equipment

access. [Statements A and D and citations KRS 224.70-110, 401 KAR 10:030,

Section 1(3)(b) & Section 1(4)(b); and 401 KAR 10:031, Section 2 & Section 4]

General Certification--Nationwide Permit # 13

Bank Stabilization

Page 4

14. To the maximum extent practicable, all in-stream work under this certification shall

be performed under low-flow conditions. [Statements A and D and citations KRS

224.70-110, 401 KAR 10:030, Section 1(3)(b) & Section 1(4)(b); and 401 KAR

10:031, Section 2 & Section 4]

15. Heavy equipment (e.g., bulldozers, backhoes, and draglines), if required for this

project, should not be used or operated within the stream channel. In those

instances in which such in-stream work is unavoidable, then it shall be performed

in such a manner and duration as to minimize turbidity and disturbance to

substrates and bank or riparian vegetation. [Statements A and D and citations KRS

224.70-110, 401 KAR 10:030, Section 1(3)(b) & Section 1(4)(b); and 401 KAR

10:031, Section 2 & Section 4]

16. Any fill shall be of such composition that it will not adversely affect the biological,

chemical, or physical properties of the receiving waters and/or cause violations of

water quality standards. If rip-rap is utilized, it should be of such weight and size

that bank stress or slump conditions will not be created because of its placement.

[Statements A and D and citations KRS 224.70-110, 401 KAR 10:030, Section

1(3)(b) & Section 1(4)(b); and 401 KAR 10:031, Section 2 & Section 4]

17. If domestic water supply intakes are located downstream that may be affected by

increased turbidity and suspended solids, the permittee shall notify the operator

when such work will be done prior to construction. [Statement E and citations KRS

224.70-110, 401 KAR 10:030, Section 1(3)(b) & Section 1(4)(b); and 401 KAR

10:031, Section 2 & Section 4]

18. Should evidence of stream pollution or jurisdictional wetland impairment and/or

violations of water quality standards occur as a result of this activity (either from a

spill or other forms of water pollution), the Kentucky Division of Water shall be

notified immediately by calling (800) 928-2380. [Statement A and D and citations

KRS 224.70-110, 401 KAR 10:030, Section 1(3)(b) & Section 1(4)(b); and 401 KAR

10:031, Section 2 & Section 4]

19. The Kentucky Division of Water requires submission of a formal application for any

federal applicant that is not required to submit a Preconstruction Notification that

would typically be required of any non-federal applicant. [Statements A and D and

citations KRS 224.70-110, 401 KAR 10:030, Section 1(3)(b) & Section 1(4)(b); and

401 KAR 10:031, Section 2 & Section 4]

20. The Kentucky Division of Water may require submission of a formal application for

an Individual Certification for any project that has been determined to likely have

a significant adverse effect upon water quality or degrade surface waters so that

existing uses of the water body or downstream waters are precluded. [Statement

A and citations KRS 224.70-110, 401 KAR 10:030, Section 1(3)(b) & Section

1(4)(b); and 401 KAR 10:031, Section 2 & Section 4]

General Certification--Nationwide Permit # 13

Bank Stabilization

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21. If the final issued General Permit for Nationwide Permit #13 Bank Stabilization

changes significantly, the Division of Water may opt to deny certification for this

permit. [Statements A and D and citations KRS 224.70-110, 401 KAR 10:030,

Section 1(3)(b) & Section 1(4)(b); and 401 KAR 10:031, Section 2 & Section 4]

Statements of Necessity

A. This condition is necessary to protect waters categorized under the anti-degradation

policy to protect the designated and existing uses and to maintain the associated

water quality criteria necessary to protect these water resources.

B. This condition is necessary to protect existing uses and the level of water quality

necessary to protect those existing uses shall be assured in impaired water.

C. This condition is necessary for long-term protection of compensatory mitigation sites.

D. This condition is necessary to provide for the prevention, abatement, and control of all

water pollution and to conserve water resources for legitimate uses, safeguard from

pollution the uncontaminated waters, prevent the creation of any new pollution, and

abate any existing pollution.

E. This condition is necessary to protect domestic water supply use.

F. This condition is necessary to evaluate, develop, and improve best-management

practices in conservation plans, compliance plans, and forest stewardship

management plans; establish statewide and regional agriculture water quality plans;

and otherwise promote soil and water conservation activities that protect surface

waters from the adverse impacts of agriculture operations within the Commonwealth.

Violation of Kentucky state water quality standards may result in civil penalties and

remediation actions.

For assistance contact the Kentucky Division of Water, Water Quality Certification Section

by email (401WQC@ky.gov) or by phone (502)-564-3410.