Construction and other projects expected to affect waters or wetlands will now be vetted through a newly implemented state process.
Depending on a its impacts to streams and wetlands, some projects will get to bypass a 30-day notice as part of the North Carolina Department of Environmental Quality’s Division of Water Resources Clean Water Act 401 general certifications updates that took effect March 15.
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The new certificate of coverage process is anticipated to apply to “many project” currently requiring individual Clean Water Act Section 401 water quality certifications, according to a DEQ release.
Applicants must still apply to the division through the new process, but those that meet thresholds and conditions under the general certification will receive a letter of concurrence, which will allow the project to proceed without a 30-day notice.
Project located in sensitive areas, those with a significant quantity of impacts to waters or wetlands, or those that cannot meet the general certification conditions must still go through the process of a 30-day public notice and project-specific decision letter to obtain individual 401 water quality certification.
The state’s update reflects corresponding U.S. Army Corps of Engineers 404 Nationwide Permits, which have been modified following a 2023 Supreme Court ruling that changed the definition of “waters of the United States,” or WOTUS.
That same year, the North Carolina General Assembly passed session law directing the state Environmental Management Commission to adopt a rule that aligns the state’s definition of wetlands to those of the federal definition.
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The latest definition excludes noncontiguous wetlands, or those that are not connected to navigable waters.
The Corps has extended a one-year grace period to projects it has approved for permitting to complete impacts to waters outlined under their existing federal permit. New certifications will not be required for those projects.
DEQ advises permittees to check with their Corps representative to confirm whether the grace period is applicable to their projects.
The division has included a list of frequently asked questions online for general information.
