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Energy and Environment Cabinet

Division of Water

Division of Water
General Conditions of the Water Quality Certification

PLEASE NOTE:  These general conditions apply to all water quality certifications.  Following these conditions does not remove the obligation to obtain required Section 401 and 404 permits.

  1. The Kentucky Division of Water may require submission of a formal application for an Individual Certification for any project if the project has been determined to likely have a significant adverse effect upon water quality or degrade the waters of the Commonwealth so that existing uses of the water body or downstream waters are precluded.
  2. Nationwide permits issued by the U.S. Army Corps of Engineers for projects in Outstanding State Resources, Cold Water Aquatic Habitats, and Exceptional Waters as defined by 401 KAR 10:026 shall require individual water quality certifications.
  3. Projects requiring in-stream stormwater detention/retention basins shall require individual water quality certifications.
  4. Erosion and sedimentation pollution control plans and Best Management Practices must be designed, installed, and maintained in effective operating condition of all times during construction activities so that violations of state water quality standards do not occur.
  5. Sediment and erosion control measures (e.g., check-dams, silt fencing, or hay bales) shall not be placed within surface  waters of the Commonwealth, 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 avoidable, placement shall not be conducted in such a manner that may cause instability of streams that are adjacent to, upstream, or downstream of the structures.
  6. Measures shall be taken to prevent or control spills of fuels, lubricants, or other toxic materials used in construction from entering the watercourse.
  7. To the maximum extent practicable, all in-stream work under this certification shall be performed during low flow.
  8. Heavy equipment (e.g. bulldozers, backhoes, draglines, etc.), if required for this project, should not be used or operated within the stream channel. In those instances where such in-stream work is unavoidable, then it shall be performed in such a manner and duration as to minimize re-suspension of sediments and disturbance to the channel, banks, or riparian vegetation.
  9. If there are water supply intakes located downstream that may be affected by increased turbidity, the permittee shall notify the operator when work will be performed.
  10. Removal of existing riparian vegetation should be restricted to the minimum necessary for project construction.
  11. Should stream pollution, 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 800/564-2380.

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