Public Notices
Pending Applications
North Carolina Administrative Code 15A NCAC 02H.0503 requires the Division to provide public notice of each pending application for an individual certification. This requirement is satisfied by a joint notice with the U.S. Army Corps of Engineers or the Division of Coastal Management.
The Individual Certifications public notice page provides information on projects applying for Individual (Standard) 404 Permits. Public Notices for projects applying for a Major Buffer Exception are also posted on this page.
The Individual Certifications for Nationwide Permits public notice page provides information on projects applying for coverage under USACE Nationwide and Regional General Permits (shown here) that were reissued in 2021 and 2022.
Public notices regarding DWR / 401 & Buffer Permitting programmatic information are addressed below.
Listserv
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Current Public Notices
To view public notices currently posted on the DEQ Public Event Calendar, please click here.
To view current public notices associated with USACE Nationwide Permits, please click here.
Archived public notices
Past public notices for Individual Certifications are listed here, grouped by year.
Past public notices for Individual Certifications associated with USACE Nationwide Permits are listed here, organized by year in which the notice was issued.
Past public notices addressing DWR / 401 & Buffer Permitting programmatic information, actions, or events are listed below.
2024
| Date | Notice |
|---|---|
| 2024-01-12 |
*Wetland and 401 Certification Application Form Updates |
2023
| Date | Notice |
|---|---|
| 2023-12-11 |
*Wetland and 401 Certification Updates |
| 2023-9-20 | Public Notice *Wetland and 401 Certification Updates |
2022
| Date | Notice |
|---|---|
| 2022-12-20 | Public Notice *Notification of NRCS Published Soil Survey / USGS Topo Mapping Tool Available on DWR Website |
| 2022-05-20 | Public Notice *Notification of Draft Water Quality General Certification XXXX – For the Operation of Floating Cabins on Tennessee Valley Authority (TVA) Managed Reservoirs |
| 2022-05-20 | Public Notice *Notification of Draft Isolated Wetland General Permit |
| 2022-04-20 | Public Notice *Notification of Reinstated Federal Requirements for 401 Water Quality Certifications |
| 2022-02-11 | Public Notice *Public Notice of new 401 Water Quality General Certifications associated with February 2022 Nationwide Permits |
2021
| Date | Notice |
|---|---|
| 2021-11-23 | Public Notice *Clarification of USGS National Map and Clarification of “necessary infrastructure” as cited in the Goose Creek (15A NCAC 02B .0607), Neuse (15A NCAC 02B .0714), Randleman (15A NCAC 02B .0724) and Tar-Pamlico (15A NCAC 02B .0734) Buffer Rules |
| 2021-09-22 | Public Notice *Public Notice and Notice of Public Hearing November 4, 2021 for Permanent Rules 15A NCAC 02H .1301 (Revision) and 15A NCAC 02H .1400 (.1401 through .1405) |
| 2021-08-23 | Public Notice *Public Notice of draft 401 Water Quality General Certifications for USACE proposed reissuance of ten Regional General Permits (RGPs) and one Programmatic General Permit (PGP) |
| 2021-06-02 | Public Notice *Public Notice of Changes to Electronic Pre-Construction Notification (ePCN) Form |
| 2021-05-27 | Public Notice *Public Notice of Temporary Rules and Proposed General Permit in response to the new Navigable Waters Protection Rule: Definition of “Waters of the United States (WOTUS)” |
| 2021-03-15 | Public Notice *Public Notice and Notice of Public Hearing for Temporary Rules 15A NCAC 02H .1301 (Revision) and 15A NCAC 02H .1400 (.1401 through .1405) |
| 2021-03-01 | Public Notice *Final Water Quality General Certifications for Revised Nationwide Permits Effective March 15, 2021 |
2020
| Date | Notice |
|---|---|
| 2020-11-02 |
Public Notice |
| 2020-10-22 |
Public Notice |
| 2020-09-18 |
Public Notice |
| 2020-07-20 |
Public Notice |
2019
| Date | Notice |
|---|---|
| 2019-07-29 |
Public Notice |
2018
2017
2016
| Date | Notice |
|---|---|
| 2016-12-14 |
Public Notice |
| 2016-02-01 |
Public Notice |
2015
| Date | Notice |
|---|---|
| 2015-05-22 |
Public Notice |
| 2015-03-11 |
Public Notice |
| 2015-01-20 |
Public Notice |
2014
| Date | Notice |
|---|---|
| 2014-10-31 |
Public Notice |
| 2014-06-12 |
Public Notice |
2013
| Date | Notice |
|---|---|
| 2013-10-04 |
Public Notice |
| 2013-08-09 |
Public Notice |
| 2013-01-11 |
Public Notice |
2012
| Date | Notice |
|---|---|
| 2012-08-22 |
Public Notice |
| 2012-04-11 |
Public Notice |
| 2012-03-09 |
Public Notice |
| 2012-01-12 |
Public Notice |
2011
| Date | Notice |
|---|---|
| 2011-08-18 |
Public Notice and Request for Comments |
| 2011-06-24 |
Public Notice |
| 2011-04-05 |
Public Notice and Request for Comments |
2010
| Date | Notice |
|---|---|
| 2010-12-06 |
Public Notice |
| 2010-05-28 |
Public Notice- Update on permitting programs for Waters of the State Including: |
| 2010-02-23 |
Update on permitting programs for Waters of the State Including: |
2009
| Date | Notice |
|---|---|
| 2009-12-11 | Update on permitting programs for Waters of the State Including: * Implications of Session Law 2009-406 (Senate Bill 831) for 401 Certifications, Non-404/Isolated Wetlands Permitting, and Buffer Rules (Example Table) * Description of Recent Changes to the 401 Stormwater Provisions * Proposed Regulatory Guidance for the Calculation of Stream and Buffer Mitigation Credit for Buffer Widths Different From Standard Minimum Widths, Version 4.4 * FAQ Document about the Buffer Rules * Jordan Lake Minor and Major Buffer Variance Application * Buffer Clarification Memo #2009-003, DWQ’s stance on the location of buffer mitigation for restoration and enhancement credit * Buffer Clarification Memo #2009-004, relating to greenway/hiking trails * Buffer Clarification Memo #2009-005, relating to utility line maintenance corridors * Draft Buffer Clarification Memo #2009-006, Determination of Buffer Mitigation Credit Where Sewer Line Easements Occur within Zones 1 and 2 of the Protected Riparian Buffers * Greenway and Hiking Trails in North Carolina’s Riparian Buffer Protection Areas * North Carolina Sea Level Rise Science Forum |
| 2009-08-14 | Update on permitting programs for Waters of the State Including: * Description of Proposed Changes for NCDWQ Intermittent and Perennial Stream Identification Manual Version 4.0 * Intermittent Stream Mitigation Policy * Proposed Modification of Written Application Thresholds in General Certification 3699 (applied to Nationwide Permit 12) * Important Updates to EEP's In-lieu Fee and Nutrient Offset Programs * Buffer Rule Variance Application Form Revisions * Proposed Neuse Riparian Buffer and Nutrient Offset Umbrella Bank * Proposed Cape Fear Riparian Buffer and Nutrient Offset Umbrella Bank * Suggested Steps for Agricultural Pond Evaluation & Approval to Build * Proposed Modification of Stormwater Provisions for 401 General Certifications |
| 2009-03-12 | Update on permitting programs for Waters of the State Including: * Goose Creek buffer rules now in effect in Mecklenburg and Union Counties * Revised Credit Release Schedule for Forested Wetlands * PACG-TC Recommendations for EEP Expanded Service Areas in Catawba and Little Tennessee River Basins * Revised Fee Schedule for Express Review Fees * Proposed modification of stormwater management condition of General Certifications 3704 and 3705 and Individual Certifications * PUBLIC HEARING - Western Wake Regional Wastewater Management Facilities project, NC DWQ |
| 2009-01-08 | Implementation of N.C. General Assembly Session Law 2008-152 "An Act to Promote Private Compensatory Mitigation by Private Mitigation Banks" |
2008
| Date | Notice |
|---|---|
| 2008-12-04 | Update on permitting programs for Waters of the State Including: * Public Notice and Public Hearing for January 15, 2009 and cancellation of public hearing initially scheduled for December 16, 2008; Water Quality Certification for the Yadkin Hydroelectric Project - ALCOA Power Generating, Inc.; FERC No. 2197, DWQ # 2007-0812, Davie, Davidson, Rowan, Montgomery and Stanly Counties * Proposed Policy to require compensatory mitigation for impacts to greater than 150 linear feet of intermittent streams in North Carolina * Clarification of mitigation requirements associated with Isolated and other non-404 Jurisdictional Wetlands * New Pre-Construction Notification Form – an update * Buffer Interpretation/Clarification #2008-019 – Diffuse Flow Through a Newly Restored Buffer * Buffer Interpretation/Clarification #2008-020 Aquatic Life in Intermittent Streams and its Mitigation Implications Stream Mitigation Requirements and the 401 Water Quality Certification and Isolated Wetlands Programs: Proposed Changes in Internal DWQ Policy |
| 2008-11-12 | New PCN Form (Effective January 12, 2009) |
| 2008-10-08 | Renewal of State General Permit for Impacts to Isolated and Other Non-404 Jurisdictional Wetlands and Waters, Permit Number: IWGP100000 |
| 2008-07-02 | 401 Water Quality Certification Mailing List: (1) Public Notice for FERC License; (2) Final Version of NC Wetland Assessment Method; (3) Proposed Framework for Mitigation Banks; (4) Draft Version of Headwater Wetland Study; (5) Final Version of Dam Removal Mitigation Draft Version of Headwater Wetland Study Dam Removal Mitigation Guidance NC Wetland Assessment Method: User Manual NC Wetland Assessment Method: Field Assessment Form NC Wetland Assessment Method: Dichotomous Key to General Wetland Types NC Wetland Assessment Method: Rating Calculator NC Wetland Assessment Method: Wetland Template for use with Rating Calculator |
| 2008-02-25 | Mailing List Distribution - Including: * Information concerning the Division’s stream and wetland monitoring that relate to the recent US Supreme Court decision in the Rapanos/Carabell case * Buffer Clarification Memos * Jurisdictional Calls for Waters of the State (Intermittent and Perennial start points) by DWQ staff * Express Review Forms Updated * Hardcopy Soil Survey Map Dates * Variance Applications * Riparian Buffer Brochure * Request for Public Comments – Draft Policy Guidance on “Determining Appropriate Compensatory Mitigation Credit for Dam Removal Projects in North Carolina”, Version 7.1, dated February 13, 2008 * Policy for Compensatory Mitigation in Adjacent Cataloging Units Dam removal Guidance, Version 7.1, February 13, 2008 |
| 2008-01-09_a | The Duration of flow in Headwater Streams in North Carolina NC Division of Water Quality |
| 2008-01-09_b | Summary of NC Division of Water Quality research related to: 1) relatively permanent flow and; 2) significant nexus to traditionally navigable water (TNW) |
2007
| Date | Notice |
|---|---|
| 2007-10-12 | Mailing List Distribution-October 2007 Including: * Electronic Submittal of Application Material * Rule Development for Non-404 Jurisdictional Wetlands * Jurisdictional Calls for Waters of the State by DWQ staff * Updated Stormwater Tools on the DWQ Web Site * Clarifications Regarding Implementation of the New BMP Manual * Clarification of Points Regarding Locally Delegated State Stormwater Programs * General Certification Revision Update |
| 2007-08-27 | Extension of comments on NC WAM Manual and notice of two public hearings Including: * Extension of public comments on NC WAM manual * Public Hearing for proposed Duke Power’s application for the Dillsboro dam removal, Jackson County * Public Hearing for Progress Energy’s application of 401 Certification for Tillery and Blewett Falls Reservoirs, Richmond, Stanly, Anson and Montgomery Counties * 401 Certification/Isolated Wetlands Permits Fee Increase * Bottomless Culverts * General Certification Revision Update * DWQ Oversight of Locally Delegated Stormwater Program * Approval by the Ecosystem Enhancement Program for Buffer Mitigation Prior to Application * Format for materials submitted to DWQ * Application submittal requirements for phased projects and other complex site plans Revised SMP Review Policy |
| 2007-05-12 | I. Proposed adoption of the NC Wetlands Assessment Method (NCWAM) by the Division of Water Quality, Division of Coastal Management, US Army Corps of Engineers and US Environmental Protection Agency to use for wetland functional assessments in NC, and II. Extension of time for comments on draft General Certifications |
| 2007-03-12 | Recent Changes and Clarifications to the 401 Water Quality Certification, Riparian Buffer and Isolated Wetland Programs and Policies (Public notice)Including: * Proposed Guidance for Stream Mitigation for FERC-related 401 Certifications * Stream origins in the outer coastal plain at PCS Phosphate * Examination of the relationship between riparian zone quality and stream biology in coastal plain streams * Approved policy interpretation for Riparian Buffer Rules * Buffer clarification memoranda * Future changes in General 401 Water Quality Certifications and Nationwide Permits * Level spreader guidance changes * Delegation of buffer authority to Pitt County Note: Stream Mitigation for FERC-related 401 Certifications guidance |
2006
| Date | Notice |
|---|---|
| 2006-10-18 | Updated Level Spreader Guidance (Final-Effective January 1, 2007) |
| 2006-07-28 | Draft Updated Level Spreader Design Guidance |
2005
| Date | Notice |
|---|---|
| 2005-12-06 | Referesher stream classes 2006 and coastal plain stream mitigation |
| 2005-12-06 | Coastal Plain Stream Mitigation Final Draft Policy-Nov. 28 |
| 2005-11-10 | Cumulative impacts and the 401 Water Quality Certification and Isolated Wetland Programs |
| 2005-06-28_a | Recent change in mitigation guidance |
| 2005-06-28_b | Guidance on the use of compensatory mitigation in adjacent cataloging units |
| 2005-06-28_c | Mitigation Ecoregions Map |