1. Overview of the Reissuance of 401 Water Quality General Certifications
November 9, 2016
Overview of the Reissuance of 401 Water Quality General Certifications

2. 401 Water Quality Certifications
404 Nationwide Permits are a set of “general” permits issued by the US Army Corps of Engineers (USACE) to authorize specific activities under specific conditions. Regional General Permits are issued by specific regional districts (Wilmington) of the USACE
The Clean Water Act requires states to certify all activities for the use of a Nationwide Permit
NCDWR has traditionally issued Water Quality General Certifications (WQCs) to correspond to the Nationwide Permits:

3. Why Reissuance?
Existing US Army Corps of Engineers (USACE) 404 Nationwide Permits (NWP) will expire on March 18, 2017
USACE proposes to reissue all 404 Nationwide Permits as well as issue two new Nationwide Permits
USACE Wilmington District proposes to renew 12 Regional General Permits (RGP) as well as issue one new RGP
Existing 401 Water Quality General Certifications need to be revised/reissued to reflect associated NWPs or RGPs that have been or will be reauthorized
NCDWR must reissue revised 401 Water Quality General Certifications associated with NWPs prior to their reissuance
Department of Environmental Quality

4. How / When? NCDWR has internally drafted revised 401 WQCs
Attachments to Agenda Item
December 2016: NCDWR will issue a Public Notice on draft 401 WQCs to request input from the public and regulated entities
January – February 2017: NCDWR will review public comments and finalize the 401 WQCs for Director signature
March 2017: NCDWR will issue new 401 WQCs
Department of Environmental Quality

5. What’s New? Two new NWPs One new RGP
Living Shorelines – new WQC proposed
Low Head Dam Removal – incorporate into existing WQC
One new RGP
Stormwater Drainage Improvement Projects and Flood Reduction Activities conducted by Charlotte Stormwater Services – new WQC proposed
Incorporate/combine some WQC for simplification
Improve text for clarity and simplification
Remove unnecessary conditions/language
Some additions, some reductions and some clarifications to the various thresholds for written authorization from DWR
Incorporate changes from Session Laws
Mitigation
Stormwater
Department of Environmental Quality

6. Summary of changes in requirements for Written Authorization by DWR
Correct oversight in current WQCs to include a requirement for written authorization for all activities in ORW/HQW waters
Incorporate existing threshold for Coastal and Unique Wetlands into all WQCs
Clarified threshold in state regulated riparian buffer areas to clearly indicate that it applies only to subject water bodies or buffers adjacent to subject water bodies
Expanded scenarios of when written threshold is NOT triggered when impacts occur to regulated riparian buffers
For activities under NWP12 (Utilities) – added threshold for written approval of 500’ of temporary impacts to streams
For activities under NWP33 (Temporary Impacts/Dewatering) – added threshold for written approval of 150’ of temporary impacts to streams and/or 0.10 acre of wetlands

7. Mitigation Language Change
Removed reference to intermittent streams
Changed “equal to or greater than” to “greater than” to be consistent with USACE
Removed reference to buffer mitigation – will be addressed in Buffer Authorizations
Add reference to NCDOT projects that are part of a private common plan of development to be consistent with USACE
Add reference to GS regarding preferences for mitigation options
Department of Environmental Quality

8. Stormwater Condition Change
Consistency with Phase II program
Reference new stormwater rules – scheduled to be published January 2017
Will remain consistent with program in the future
Clarify that SMP only required for projects disturbing => 1 acre of land
Removal of requirement for a local government to be a “Certified Community” for DWR acceptance of their review
Clarifies that grandfathering/vesting/exemptions from local government review will not satisfy 401
Clarifies that local government approval of SMP is not required before issuance of 401, however it is required before any impacts occur
Simplify the submittal requirements for projects that do/will receive local government approved SMPs
Plans that show location and approx. size of measures
Clarify submittal requirements for projects that fall under DWR review
Department of Environmental Quality

9. General Format Changes
Threshold Information
Format
Conditions that are specific to that Certification
General Conditions
May not all apply to all projects
Language consistent throughout all WQCs
Common Conditions language will be incorporated into IWP100000, General Permit for isolated wetlands
Added regulatory citation for all conditions
Modified language throughout the WQCs to clarify “State Regulated Riparian Buffers” versus “streamside areas”