February 11, 2022
TO: DEQ-DWR-Wetlands-Public Listserv
FROM: Paul Wojoski, N.C. Division of Water Resources, 401 and Buffer Permitting Branch
Amy Chapman, 401 & Buffer Transportation Permitting Branch
RE: Announcement of new 401 Water Quality General Certifications associated with February 2022 Nationwide Permits
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) is announcing that on February 25, 2022 new 401 Water Quality General Certifications (GCs) will become effective. The Division has posted the new 401 Water Quality General Certifications on its website. These Certifications were issued in conjunction with the U.S. Army Corps of Engineers’ (USACE) reissuance of Nationwide Permits (NWPs) in December of 2020 and will become effective on February 25, 2022.
Background
On September 15, 2020, the USACE provided notice of its proposal to reissue and modify its NWPs. On October 19, 2020, USACE requested DWR certify the NWPs and Regional Conditions. Accordingly, the Division certified most of the draft NWPs with new 401 Water Quality General Certifications. On January 13, 2021 the USACE published a final rule reissuing 12 NWPs and issuing 4 new NWPs. The Division posted the new GCs associated with those 16 NWPs in March of 2021. On December 28, 2021 the USACE announced their intention to reissue 41 NWPs and issue one new NWP which will become effective on February 25, 2022.
DWR has been notified by the EPA that the use of “written approvals” for coverage under GCs constitutes an Individual 401 Certification and therefore the language in the current 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 NWP 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).