Public Notices

Pending Applications

North Carolina Administrative Code 15A NCAC 02H.0503 requires the Division to provide public notice of each pending application for an individual certification. This requirement is satisfied by a joint notice with the U.S. Army Corps of Engineers or the Division of Coastal Management.

The Individual Certifications public notice page provides information on projects applying for Individual (Standard) 404 Permits. Public Notices for projects applying for a Major Buffer Exception are also posted on this page.

The Individual Certifications for Nationwide Permits public notice page provides information on projects applying for coverage under USACE Nationwide and Regional General Permits (shown here) that were reissued in 2021 and 2022.

Public notices regarding DWR / 401 & Buffer Permitting programmatic information are addressed below.

Listserv

To subscribe to receive these public notices through our Listserv, please fill out this form:

Current Public Notices

To view public notices currently posted on the DEQ Public Event Calendar, please click here.

To view current public notices associated with USACE Nationwide Permits, please click here.

Archived public notices

Past public notices for Individual Certifications are listed here, grouped by year.

Past public notices for Individual Certifications associated with USACE Nationwide Permits are listed here, organized by year in which the notice was issued.

Past public notices addressing DWR / 401 & Buffer Permitting programmatic information, actions, or events are listed below.

2023

Date	Notice
2023-9-20	Public Notice *Wetland and 401 Certification Updates

2022

Date	Notice
2022-12-20	Public Notice *Notification of NRCS Published Soil Survey / USGS Topo Mapping Tool Available on DWR Website
2022-05-20	Public Notice *Notification of Draft Water Quality General Certification XXXX – For the Operation of Floating Cabins on Tennessee Valley Authority (TVA) Managed Reservoirs
2022-05-20	Public Notice *Notification of Draft Isolated Wetland General Permit
2022-04-20	Public Notice *Notification of Reinstated Federal Requirements for 401 Water Quality Certifications
2022-02-11	Public Notice *Public Notice of new 401 Water Quality General Certifications associated with February 2022 Nationwide Permits

Tab/Accordion Items

2021

Date	Notice
2021-11-23	Public Notice *Clarification of USGS National Map and Clarification of “necessary infrastructure” as cited in the Goose Creek (15A NCAC 02B .0607), Neuse (15A NCAC 02B .0714), Randleman (15A NCAC 02B .0724) and Tar-Pamlico (15A NCAC 02B .0734) Buffer Rules
2021-09-22	Public Notice *Public Notice and Notice of Public Hearing November 4, 2021 for Permanent Rules 15A NCAC 02H .1301 (Revision) and 15A NCAC 02H .1400 (.1401 through .1405)
2021-08-23	Public Notice *Public Notice of draft 401 Water Quality General Certifications for USACE proposed reissuance of ten Regional General Permits (RGPs) and one Programmatic General Permit (PGP)
2021-06-02	Public Notice *Public Notice of Changes to Electronic Pre-Construction Notification (ePCN) Form
2021-05-27	Public Notice *Public Notice of Temporary Rules and Proposed General Permit in response to the new Navigable Waters Protection Rule: Definition of “Waters of the United States (WOTUS)”
2021-03-15	Public Notice *Public Notice and Notice of Public Hearing for Temporary Rules 15A NCAC 02H .1301 (Revision) and 15A NCAC 02H .1400 (.1401 through .1405)
2021-03-01	Public Notice *Final Water Quality General Certifications for Revised Nationwide Permits Effective March 15, 2021

2020

Date	Notice
2020-11-02	Public Notice *Draft Water Quality General Certifications
2020-10-22	Public Notice *Proposed Changes to the NC Wetland Regulatory Program in response to the new Navigable Waters Protection Rule: Definition of “Waters of the United States (WOTUS)”
2020-09-18	Public Notice *Public Notice of New Federal 401 Water Quality Certification Rule Effective September 11, 2020 and Procedural Changes for 401 Applications
2020-07-20	Public Notice *Public Notice of Revised Riparian Buffer Rules, 401 Water Quality Certification Rules, and Isolated Wetlands and Isolated Waters Rules

2019

Date	Notice
2019-07-29	Public Notice Public Notice and Notice of Public Hearing on September 5, 2019 for Cashiers Canoe Club Development LLC – Cashiers Canoe Club Development Water Quality Certification; DWR #20180582 Version 2 Public Notice of Bynum Hydroelectric Project FERC No. P-14858; McMahan Hydroelectric, LLC; DWR #2015-0124; Chatham County *Adopted Water Quality Certification and Isolated Wetlands/Waters Rules

Date

Notice

2019-07-29

Public Notice
    *Public Notice and Notice of Public Hearing on September 5, 2019 for Cashiers Canoe Club Development LLC – Cashiers Canoe Club Development Water Quality Certification; DWR #20180582 Version 2
    *Public Notice of Bynum Hydroelectric Project FERC No. P-14858; McMahan Hydroelectric, LLC; DWR #2015-0124; Chatham County
    *Adopted Water Quality Certification and Isolated Wetlands/Waters Rules

2018

Date	Notice
2018-11-19	Public Notice *Proposed Revision to state 401 Water Quality General Certification No. 4144
2018-05-01	Public Notice Online Pre-construction Notification Form (and Help Document) Available Notice of Public Hearings and Comment Period for Water Quality Permitting Rules and Water Supply Watershed Rules Proposed Buffer & Nutrient Offset Bank Parcel Development Package (BPDP) in the Neuse River Basin - EBX-Neuse I, LLC Notification of Modified Mitigation Banking Instrument for Wildlands Holdings II, LLC
2018-02-09	Public Notice Online Pre-construction Notification Form (and Help Document) Available Proposed MBI in the Neuse - Grantham Branch, Wildlands Holdings III, LLC Proposed Riparian Buffer & Nutrient Offset BPDP in the Neuse - Grantham Branch, Wildlands Holdings III, LLC Proposed Riparian Buffer & Nutrient Offset BPDP in the Neuse - Polecat, EBX-Neuse I, LLC Proposed Riparian Buffer & Nutrient Offset BPDP in the Neuse - Hannah Bridge, EBX-Neuse I, LLC Proposed UMBI in the Haw River Sub-Watershed - Wildlands Holdings IV, LLC

2017

Date	Notice
2017-12-21	Public Notice Revised Water Quality General Certifications and Isolated and Other Non-404 Jurisdictional Wetlands and Waters Permit Online Pre-construction Notification Form Training Proposed Riparian Buffer & Nutrient Offset BPDP in the Jordan Lake Watershed - Orphan Creek, Restoration Systems, LLC Proposed Riparian Buffer & Nutrient Offset BPDP in the Jordan Lake Watershed - Motes Creek, Restoration Systems, LLC Proposed Riparian Buffer & Nutrient Offset BPDP in the Jordan Lake Watershed - Benton Branch, Restoration Systems, LLC Proposed UMBI for Riparian Buffer & Nutrient Offset Credits in the Neuse River Basin - EBX-Neuse I, LLC
2017-10-06	Public Notice Proposed Water Quality General Certifications and Isolated and Other Non-404 Jurisdictional Wetlands and Waters Permit Revisions Proposed Umbrella Mitigation Banking Instrument in the Haw River Sub-Watershed – Restoration Systems, LLC *Nutrient Rules (Neuse, Tar-Pamlico, Randleman) Stakeholder Meeting – October 18th
2017-03-10	Public Notice Revised Water Quality General Certifications and Isolated and Other Non-404 Jurisdictional Wetlands and Waters Permit Proposed MBI in the Neuse River Basin - Falling Creek, Wildlands Holdings III, LLC *Proposed Riparian Buffer & Nutrient Offset BPDP in the Neuse River Basin - Falling Creek, Wildlands Holdings III, LLC

2016

Date	Notice
2016-12-14	Public Notice *Proposed Water Quality General Certifications and Isolated and Other non-404 Jurisdictional Wetlands and Waters Permit Revisions
2016-02-01	Public Notice Proposed Isolated and Other non-404 Jurisdictional Wetlands and Waters Permit Revisions Change to RSS Feed for Public Notices *Request to be Removed from Paper Mailing List

2015

Date	Notice
2015-05-22	Public Notice Proposed Riparian Buffer Mitigation and Nutrient Offset BPDP in the Neuse River Basin – Restoration Systems, LLC Update to Nutrient Offset Planting Requirements
2015-03-11	Public Notice *Rescinding Buffer Interpretation/ Clarification Memos
2015-01-20	Public Notice Proposed Riparian Buffer Mitigation and Nutrient Offset BPDP in the Neuse River Basin – EBX-Neuse I, LLC Proposed Nutrient Offset BPDP in the Tar-Pamlico River Basin – Greene Environmental Services, LLC *2015 Nutrient Offset & Riparian Buffer Mitigation Provider Informational Meeting

2014

Date	Notice
2014-10-31	Public Notice *Adopted Temporary Consolidated Buffer Mitigation Rule
2014-06-12	Public Notice Change in Mail Service Center Update in Number of Application Copies Proposed BPDP in the Neuse River Basin – Restoration Systems, LLC UMBI Modification for Riparian Buffer and Nutrient Offset Mitigation Credits in the Neuse River Basin - Wildlands Engineering, Inc.

2013

Date	Notice
2013-10-04	Public Notice Update on DWR Reorganization in Central Office New and Updated Application Forms *Proposed Bank Parcel Development Package in the Neuse River Basin
2013-08-09	Public Notice Proposed BPDP in the Tar-Pamlico River Basin - Greene Environmental Services, LLC DWQ-DWR Reorganization
2013-01-11	Public Notice * Public Notice and Public Hearings for February 6 and 12, 2013 for the Proposed Consolidated Buffer Mitigation Rule * Application Tracking System and Importance of Lat/Long * 401 Water Quality Certifications and Buffer Authorizations/Variances Permitting Process Feedback Survey * UMBI for Riparian Buffer and Nutrient Offset Mitigation Credits in the Tar-Pamlico River Basin * UMBI for Riparian Buffer and Nutrient Offset Mitigation Credits in the Jordan Watershed

2012

Date	Notice
2012-08-22	Public Notice * Wildlands Engineering Neuse River Basin (excluding Falls Lake) Umbrella Banking Instrument * Proposed Buck Swamp Bank Parcel Development Package * Proposed Cedar Grove Mitigation Site Bank Parcel Development Package * New Transportation Permitting Unit Supervisor
2012-04-11	Public Notice * DRAFT 401 Water Quality Certification for the Proposed Vessel and Small Vessel NPDES General Permits * DWQWETLANDS Listserv Update * Reminder Concerning Application Address
2012-03-09	Public Notice * General Certification Revision Update * UMBI for Riparian Buffer and Nutrient Offset Mitigation Credits in the Falls Lake Watershed and Proposed BPDP * Environmental Banc and Exchange Falls Lake Watershed Umbrella Banking Instrument * Proposed Forrest Creek UT-2 Bank Parcel Development Package * New Program Development Unit Supervisor
2012-01-12	Public Notice * Umbrella Mitigation Banking Instrument (UMBI) Template for Nutrient Offset Mitigation Banks * Proposed Water Quality Certification and Isolated and Other non-404 Jurisdictional Wetlands and Waters Permit Revisions * Draft Stormwater Condition

2011

Date	Notice
2011-08-18	Public Notice and Request for Comments * Study of the Neuse and Tar-Pamlico Basins Riparian Buffer Rules
2011-06-24	Public Notice * Changes to the Express Review Program * DWQ study on the water quality impacts of small impoundments begins summer 2011 * QAPP for Assessing Impacts due to Small Impoundments in N.C. Study * Nutrient Offset Coordinator Change * Reorganization in the Wetlands & Stormwater Branch * Updated Contact Information
2011-04-05	Public Notice and Request for Comments * Proposed General Permit for Isolated Wetlands * Final Report on Regulatory Success of Wetland and Stream Mitigation Project in NC

2010

Date	Notice
2010-12-06	Public Notice * 401 Oversight/Express Permitting, Transportation Permitting, Program Development Unit Location Change
2010-05-28	Public Notice- Update on permitting programs for Waters of the State Including: * Randleman Lake Revisions * Surface Water Identification and Training Certification Policy * NCDWQ Intermittent and Perennial Stream Identification Manual Version 4.0 * Revision of State General Permit for Impact to Isolated and Other Non-404 Jurisdictional Wetlands and Waters Permit Number: IWGP100000: New Languague for Stormwater Requirements
2010-02-23	Update on permitting programs for Waters of the State Including: * Proposed Neuse Riparian Buffer and Nutrient Offset Umbrella Bank * Check Processing * Public Comment Period 2. Proposed changes for NCDWQ Intermittent and Perennial Stream Identification Manual Version 4.0

2009

Date	Notice
2009-12-11	Update on permitting programs for Waters of the State Including: * Implications of Session Law 2009-406 (Senate Bill 831) for 401 Certifications, Non-404/Isolated Wetlands Permitting, and Buffer Rules (Example Table) * Description of Recent Changes to the 401 Stormwater Provisions * Proposed Regulatory Guidance for the Calculation of Stream and Buffer Mitigation Credit for Buffer Widths Different From Standard Minimum Widths, Version 4.4 * FAQ Document about the Buffer Rules * Jordan Lake Minor and Major Buffer Variance Application * Buffer Clarification Memo #2009-003, DWQ’s stance on the location of buffer mitigation for restoration and enhancement credit * Buffer Clarification Memo #2009-004, relating to greenway/hiking trails * Buffer Clarification Memo #2009-005, relating to utility line maintenance corridors * Draft Buffer Clarification Memo #2009-006, Determination of Buffer Mitigation Credit Where Sewer Line Easements Occur within Zones 1 and 2 of the Protected Riparian Buffers * Greenway and Hiking Trails in North Carolina’s Riparian Buffer Protection Areas * North Carolina Sea Level Rise Science Forum
2009-08-14	Update on permitting programs for Waters of the State Including: * Description of Proposed Changes for NCDWQ Intermittent and Perennial Stream Identification Manual Version 4.0 * Intermittent Stream Mitigation Policy * Proposed Modification of Written Application Thresholds in General Certification 3699 (applied to Nationwide Permit 12) * Important Updates to EEP's In-lieu Fee and Nutrient Offset Programs * Buffer Rule Variance Application Form Revisions * Proposed Neuse Riparian Buffer and Nutrient Offset Umbrella Bank * Proposed Cape Fear Riparian Buffer and Nutrient Offset Umbrella Bank * Suggested Steps for Agricultural Pond Evaluation & Approval to Build * Proposed Modification of Stormwater Provisions for 401 General Certifications
2009-03-12	Update on permitting programs for Waters of the State Including: * Goose Creek buffer rules now in effect in Mecklenburg and Union Counties * Revised Credit Release Schedule for Forested Wetlands * PACG-TC Recommendations for EEP Expanded Service Areas in Catawba and Little Tennessee River Basins * Revised Fee Schedule for Express Review Fees * Proposed modification of stormwater management condition of General Certifications 3704 and 3705 and Individual Certifications * PUBLIC HEARING - Western Wake Regional Wastewater Management Facilities project, NC DWQ
2009-01-08	Implementation of N.C. General Assembly Session Law 2008-152 "An Act to Promote Private Compensatory Mitigation by Private Mitigation Banks"

2008

Date	Notice
2008-12-04	Update on permitting programs for Waters of the State Including: * Public Notice and Public Hearing for January 15, 2009 and cancellation of public hearing initially scheduled for December 16, 2008; Water Quality Certification for the Yadkin Hydroelectric Project - ALCOA Power Generating, Inc.; FERC No. 2197, DWQ # 2007-0812, Davie, Davidson, Rowan, Montgomery and Stanly Counties * Proposed Policy to require compensatory mitigation for impacts to greater than 150 linear feet of intermittent streams in North Carolina * Clarification of mitigation requirements associated with Isolated and other non-404 Jurisdictional Wetlands * New Pre-Construction Notification Form – an update * Buffer Interpretation/Clarification #2008-019 – Diffuse Flow Through a Newly Restored Buffer * Buffer Interpretation/Clarification #2008-020 Aquatic Life in Intermittent Streams and its Mitigation Implications Stream Mitigation Requirements and the 401 Water Quality Certification and Isolated Wetlands Programs: Proposed Changes in Internal DWQ Policy
2008-11-12	New PCN Form (Effective January 12, 2009)
2008-10-08	Renewal of State General Permit for Impacts to Isolated and Other Non-404 Jurisdictional Wetlands and Waters, Permit Number: IWGP100000
2008-07-02	401 Water Quality Certification Mailing List: (1) Public Notice for FERC License; (2) Final Version of NC Wetland Assessment Method; (3) Proposed Framework for Mitigation Banks; (4) Draft Version of Headwater Wetland Study; (5) Final Version of Dam Removal Mitigation Draft Version of Headwater Wetland Study Dam Removal Mitigation Guidance NC Wetland Assessment Method: User Manual NC Wetland Assessment Method: Field Assessment Form NC Wetland Assessment Method: Dichotomous Key to General Wetland Types NC Wetland Assessment Method: Rating Calculator NC Wetland Assessment Method: Wetland Template for use with Rating Calculator
2008-02-25	Mailing List Distribution - Including: * Information concerning the Division’s stream and wetland monitoring that relate to the recent US Supreme Court decision in the Rapanos/Carabell case * Buffer Clarification Memos * Jurisdictional Calls for Waters of the State (Intermittent and Perennial start points) by DWQ staff * Express Review Forms Updated * Hardcopy Soil Survey Map Dates * Variance Applications * Riparian Buffer Brochure * Request for Public Comments – Draft Policy Guidance on “Determining Appropriate Compensatory Mitigation Credit for Dam Removal Projects in North Carolina”, Version 7.1, dated February 13, 2008 * Policy for Compensatory Mitigation in Adjacent Cataloging Units Dam removal Guidance, Version 7.1, February 13, 2008
2008-01-09_a	The Duration of flow in Headwater Streams in North Carolina NC Division of Water Quality
2008-01-09_b	Summary of NC Division of Water Quality research related to: 1) relatively permanent flow and; 2) significant nexus to traditionally navigable water (TNW)

2007

Date	Notice
2007-10-12	Mailing List Distribution-October 2007 Including: * Electronic Submittal of Application Material * Rule Development for Non-404 Jurisdictional Wetlands * Jurisdictional Calls for Waters of the State by DWQ staff * Updated Stormwater Tools on the DWQ Web Site * Clarifications Regarding Implementation of the New BMP Manual * Clarification of Points Regarding Locally Delegated State Stormwater Programs * General Certification Revision Update
2007-08-27	Extension of comments on NC WAM Manual and notice of two public hearings Including: * Extension of public comments on NC WAM manual * Public Hearing for proposed Duke Power’s application for the Dillsboro dam removal, Jackson County * Public Hearing for Progress Energy’s application of 401 Certification for Tillery and Blewett Falls Reservoirs, Richmond, Stanly, Anson and Montgomery Counties * 401 Certification/Isolated Wetlands Permits Fee Increase * Bottomless Culverts * General Certification Revision Update * DWQ Oversight of Locally Delegated Stormwater Program * Approval by the Ecosystem Enhancement Program for Buffer Mitigation Prior to Application * Format for materials submitted to DWQ * Application submittal requirements for phased projects and other complex site plans Revised SMP Review Policy
2007-05-12	I. Proposed adoption of the NC Wetlands Assessment Method (NCWAM) by the Division of Water Quality, Division of Coastal Management, US Army Corps of Engineers and US Environmental Protection Agency to use for wetland functional assessments in NC, and II. Extension of time for comments on draft General Certifications
2007-03-12	Recent Changes and Clarifications to the 401 Water Quality Certification, Riparian Buffer and Isolated Wetland Programs and Policies (Public notice)Including: * Proposed Guidance for Stream Mitigation for FERC-related 401 Certifications * Stream origins in the outer coastal plain at PCS Phosphate * Examination of the relationship between riparian zone quality and stream biology in coastal plain streams * Approved policy interpretation for Riparian Buffer Rules * Buffer clarification memoranda * Future changes in General 401 Water Quality Certifications and Nationwide Permits * Level spreader guidance changes * Delegation of buffer authority to Pitt County Note: Stream Mitigation for FERC-related 401 Certifications guidance

2006

Date	Notice
2006-10-18	Updated Level Spreader Guidance (Final-Effective January 1, 2007)
2006-07-28	Draft Updated Level Spreader Design Guidance

2005

Date	Notice
2005-12-06	Referesher stream classes 2006 and coastal plain stream mitigation
2005-12-06	Coastal Plain Stream Mitigation Final Draft Policy-Nov. 28
2005-11-10	Cumulative impacts and the 401 Water Quality Certification and Isolated Wetland Programs
2005-06-28_a	Recent change in mitigation guidance
2005-06-28_b	Guidance on the use of compensatory mitigation in adjacent cataloging units
2005-06-28_c	Mitigation Ecoregions Map