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Last Modified:  11/20/2007
General Condition of the WQC

PLEASE NOTE:  These general conditions apply to water quality certifications of individual projects by the Division of Water.  Applicants should not assume that following these conditions removes the obligation of obtaining required section 401 and 404 permits.
  • Measures shall be taken to prevent or control spills of fuels, lubricants or other toxic materials used in construction from entering the watercourse.
  • All dredged material shall be removed to an upland location and/or graded on adjacent areas (so long as such areas are not regulated wetlands) to obtain original streamside elevation; i.e., overbank flooding shall not be artificially obstructed.
  • In areas not riprapped or otherwise stabilized, revegetation of stream banks and riparian zones shall occur concurrently with project progression. At a minimum, revegetation will approximate pre-disturbance conditions.
  • To the maximum extent practicable, all in-stream work under this certification shall be performed during low flow.
  • 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 resuspension of sediments and disturbance to substrates and bank or riparian vegetation.
  • Any fill or riprap, including refuse 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 riprap is utilized, it is to be of such weight and size that bank stress or slump conditions will not be created because of its placement.
  • If there are water supply intakes located downstream that may be affected by increased turbidity and suspended solids, the permittee shall notify the operator when work will be done.
  • Removal of existing riparian vegetation should be restricted to the minimum necessary for project construction.
  • 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 (502) 564-3410.
DEP Division of Water
14 Reilly Road
Frankfort, KY 40601
Phone: 502-564-3410
Fax: 502-564-0111
E-mail: water@ky.gov