401 & Isolated Wetlands/ Waters Program & 401 Stormwater

Wetlands, Streams, & Waters Permitting FAQs

Application Forms & Help Documents

Stream & Wetland Compensatory Mitigation

Nutrient Offset & Buffer Compensatory Mitigation

General Certifications

Application Fees & Procedures

Express Review

401 Stormwater Management Plans

 

Applying for a Certification/ Permit: Fees & Procedures

Fee Schedule

Applications received as of September 1, 2007 are subject to the following fee schedule:

Scale of impacs to wetlands1, waters1, and streams2

Fee Schedule

Major3 water quality applications: Greater than or equal to one acre of wetlands/ waters AND/OR greater than or equal to 150 feet of streams (intermittent or perennial) $570.00
Minor3 water quality applications: Less than one acre of wetlands/waters AND less than 150 feet of streams (intermittent or perennial) $240.00

Check should be made payable to "N.C. Division of Water Resources"

1 Includes all wetlands and waters identified as Waters of the State, including 404 Wetlands, Isolated Wetlands, and other non-404 Wetlands subject to a permitting program administered by the State of North Carolina

2 Includes all streams claimed by the State of North Carolina. US Army Corps of Engineers stream categories such as important/unimportant, or Relatively Permanent Waters are not relevant to this issue

3 The legislation refers to "major" and "minor" applications. These artificial categories refer to combined impacts, and have no relationship whatsoever to the actual types of 401 Certifications and Isolated Wetlands Permits (Individual and General). Fees are based strictly on the scope of impact, not on the type of authorization requested. If you apply for a 401 Certification and an Isolated Wetlands Permit on a single project, the impacts are added to determine the total application fee

Procedures

  • All applications must be accompanied by a check for the required amount. Payment must be made in full. No applicants or projects are exempt from the fee requirement unless it is designated an Emergency Watershed Protection project.
  • If payment is not included with the application, the application will be returned to the applicant as incomplete.
  • If the correct payment is not included with an Individual or a CAMA permit application, a project file will be created, but the applicant will receive a letter informing them that the project will not be processed until the full payment is provided.
  • Changes to an existing 401 Water Quality Certification or Isolated Wetlands Permit require a modification to the certification/permit by DWR. A fee is required with each issuance of a modification.
  • A fee is required for each application submitted, so applicants are encouraged to include as many project details and phases as possible in the initial application.
  • If a project requires a CAMA permit, a separate payment for the 401 Certification is not required.  The Division of Coastal Management administers the fee for both the CAMA Permit and 401 Certification/Isolated Wetlands Permit.
  • No refunds will be issued for denied, modified or withdrawn certification requests. If DWR or the U.S. Army Corps of Engineers retires a project due to insufficient or inaccurate information, no refunds will be issued.
  • Nationwide Permits or General Isolated Wetland Permits for minor wetland impacts or those without wetland or stream fill that do not require written approval do not require payment of the fee. If an applicant still chooses to submit an application in order to have written approval to file with their project records, then the fee payment is required if wetland or stream fill is involved.
  • Receipts for fees will only be sent upon written request.
  • Stream impact will be calculated based on length rather than an area in all cases (regardless of Individual versus Nationwide permit status or significant versus insignificant channel). This has been the policy since February 1997 but recently some confusion has developed with some applicants.
  • For non-transportation projects send all four (4) copies of the application for DWR to:

         Mailing Address (if sending by first class mail via the US Postal Service):

      NC DWR, 401 & Buffer Permitting Unit 
      1617 Mail Service Center
      Raleigh, NC 27699-1617     

Physical Address (if sending by delivery service, UPS, FedEx, etc.):
*Do NOT send USPS Priority Mail to this address as delivery will be delayed

      NC DWR, 401 & Buffer Permitting Unit 
      512 North Salisbury Street
      Raleigh, NC 27604

  • For transportation projects send all four (4) copies of the application for DWR to:

         Mailing Address (if sending by first class mail via the US Postal Service):

      NC DWR, Transportation Permitting Unit 
      1617 Mail Service Center
      Raleigh, NC 27699-1617     

Physical Address (if sending by delivery service, UPS, FedEx, etc.):
*Do NOT send USPS Priority Mail to this address as delivery will be delayed

      NC DWR, Transportation Permitting Unit 
      512 North Salisbury Street
      Raleigh, NC 27604

For more information, please contact Karen Higgins at 919-807-6360. 

Express Review

The Express Permitting Program offers a more timely review of certain environmental permits than the traditional permit review process within the NC Department of Environmental Quality. This program offers quicker permit decisions and certification as well as consultation to identify necessary environmental requirements. Higher fees are charged to support additional staff for the express review. This program also encourages greater involvement of property owners, developers and engineers to ensure good communication and high quality applications. Participation in the program is voluntary.

Express permitting began as a pilot program in January 2004 (Session Law 2003-284, Section 11.4A) and expanded by July 2004 (Session Law 2004-124, Section l2.9).

Within the 401 Wetlands Program, Express Review offers expedited stream determinations, Riparian Buffer Authorization, 401 Water Quality Certifications, Isolated and Other Non-404 Jurisdictional Wetlands and Waters Permit, and Stormwater Management Plan approvals.

The Central Office is no longer accepting Express Permitting applications, however the Washington and Wilmington Regional Offices are still accepting Express Permitting applications.

 

401 Stormwater Management Plans

BMP Manual, Supplements and Forms

Stormwater Program Map

Stormwater Condition in General Certifications GC3886 and GC3890

Stormwater Condition in the Isolated and Other non-404 Jurisdictional Wetlands and Waters Permit

Protocol for Stormwater Management Plan Approval and Implementation (see stormwater condition above)

BMP Reviewer Certification Program

Stormwater Management Plan Approval Policy - 2007

Stormwater BMP Reviewer Certification Policy  - 2009