DATE: August 23, 2021
TO: DEQ-DWR-Wetlands-Public Listserv
FROM: Paul Wojoski, 401 & Buffer Permitting Branch
Amy Chapman, 401 & Buffer Transportation Permitting Branch
RE: Draft Water Quality General Certifications
The purpose of this Public Notice is outlined below. This notice is available electronically at https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-permits/401-public-notices.
The Division of Water Resources (DWR) invites public comment on its draft 401 Water Quality General Certifications (GCs) that it may reissue as part of its consideration of the U.S. Army Corps of Engineers’ Wilmington District (USACE) proposed reissuance of ten Regional General Permits (RGPs) and one Programmatic General Permit (PGP), collectively, “General Permits” (GPs). On March 29, 2021, the USACE provided notice of its proposal to modify and reissue these current GPs. The GPs proposed for modification and reissuance by the USACE are:
On July 1 2021, DWR received a request from the USACE to certify the GPs listed in the table above. Accordingly, DWR is providing draft GCs to the public for review and comment as a first step towards certifying the proposed General Permits. The complete text of each draft GC is available online at: https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting-branch/general. If you lack internet access, please contact Sue Homewood at 336-776-9693 to request copies of the specific draft revised GCs you would like to review.
DWR has recently been notified by EPA that the use of “written approvals” for coverage under GCs constitutes an Individual 401 Certification and therefore the language in the revised GCs has been modified accordingly. The requirement to obtain coverage under an Individual 401 Certification does not preclude the applicant from seeking coverage under a General Permit from the USACE. The application process for Individual 401 Certifications is substantially similar to the application process for “written approvals” under a GC, including the same fee structure, with the addition of an electronic public notice procedure in accordance with 15A NCAC 02H .0503(b).
The draft GCs have been updated in language and format to match recently issued GCs for new Nationwide Permits. For each draft GC only substantial changes from the previous GC is shown as strikethrough and underlined text. Reformatting and language clarifications that do not change in intent are not shown as new/modified text.
The public is invited to comment in writing to the DWR on the documents described above. Comments should be emailed to: PublicComments@ncdenr.gov ; please include “401GCs” in the email’s subject line. Alternatively, comments may be mailed to the NC Division of Water Resources, Attn: Sue Homewood, 450 W. Hanes Mill Rd., Winston-Salem, NC, 27107. Comments must be received no later than close of business on September 24, 2021.