There is legislative intent stating that nonmetallic mineral quarrying, crushing, and screening activities conducted in ephemeral waters do not pose a threat to surface water quality provided these activities are conducted in accordance with the changes made in the bill. These operations shall be certified under the 401 program without case by case processing. The legislature does not intend to relinquish authority under that program. Under Section 401 of the federal Clean Water Act, states have authority to review any federal permit or license that may result in a discharge to wetlands and other waters under state jurisdiction to ensure that the actions would be consistent with the state's water quality requirements. Section 401 certification authority is most often used in association with U.S. Army Corps of Engineers permits under Section 404 of the Clean Water Act.
Reviews extend only to activities within the ordinary high water mark of navigable rivers.
There is no disposal of contaminated water or wastes from construction and demolition. Water for dust suppression does not contain contaminants which would violate water quality standards. Pollution from the operation of equipment in the mining area is removed and properly disposed. Stockpiles of processed materials containing ten percent or more of particles of silt are stabilized to minimize erosion during flow events. Measures are implemented to minimize upstream and downstream scour during flood events to protect the integrity of buried pipelines.