The North Carolina Department of Environmental Quality’s Division of Water Resources announced on March 13 that it will implement a new process for certain construction projects and activities affecting waters or wetlands, as part of updates to the state’s Clean Water Act Section 401 general certifications. The changes are set to take effect on Sunday, March 15.
The update is significant for developers and others whose projects impact streams or wetlands, as it introduces a certificate of coverage process intended to streamline approvals for many projects that previously required individual water quality certifications.
Under the new system, applications received on or after March 15 will be reviewed by the Division of Water Resources. Projects meeting specific thresholds and conditions outlined in the general certification will receive a letter of concurrence, allowing them to proceed without undergoing a 30-day public notice period. However, projects with substantial impacts, those located in sensitive areas, or those unable to meet general certification conditions will still require an individual water quality certification and remain subject to public notice requirements.
Projects with minimal impacts that fall below certificate of coverage thresholds must still comply with all conditions in the general certification. The department said these updates respond to recent changes made by the U.S. Army Corps of Engineers (USACE) regarding federal Nationwide Permits under Section 404. For ongoing projects that received federal approval before March 15, USACE has indicated there will be a one-year grace period during which applicants can complete permitted impacts without needing new state certification.
The updated general certifications are available on the Division of Water Resources’ website. Applicants and consultants are encouraged to review these documents carefully to determine whether their project requires a certificate of coverage or an individual water quality certification. Additional information is available through frequently asked questions online.
